Public Act 099-0143

HB4049 Enrolled LRB099 03667 KTG 23678 b

AN ACT concerning persons with disabilities.

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

represented in the General Assembly:

Section 1. Rule of construction. This Act shall be

construed to make amendments to provisions of State law to

substitute the term "persons with physical disabilities" for

"the physically handicapped" or "the physically disabled";

"persons with disabilities" for "the handicapped" or

"handicapped persons" or "handicapped individuals" or "the

disabled" or "disabled persons" or "disabled individuals";

"persons with developmental disabilities" for "the

developmentally disabled" or "developmentally disabled

persons" or "developmentally disabled individuals"; "permanent

disability" for "permanently disabled"; "total disability" for

"totally disabled"; "total and permanent disability" for

"totally and permanently disabled"; "temporary total

disability" for "temporarily totally disabled"; "permanent

total disability" for "permanently totally disabled"; and

"disabling condition", as appropriate, for "handicapping

condition" without any intent to change the substantive rights,

responsibilities, coverage, eligibility, or definitions

referred to in the amended provisions represented in this Act.

Section 5. The Statute on Statutes is amended by changing

Sections 1.37 and 1.38 and by adding Sections 1.40, 1.41, and

1.42 as follows:

(5 ILCS 70/1.37)

Sec. 1.37. Intellectual disability. Except where the

context indicates otherwise, in any rule, contract, or other

document a reference to the term "mental retardation" shall be

considered a reference to the term "intellectual disability"

and a reference to a the term "mentally retarded person or a

similar reference " shall be considered a reference to a person

with an intellectual disability the term "intellectually

disabled". The use of either "mental retardation" or

"intellectually disabled", or "mentally retarded" or "person

with an intellectual disability intellectually disabled" shall

not invalidate any rule, contract, or other document.

(Source: P.A. 97-227, eff. 1-1-12.)

(5 ILCS 70/1.38)

Sec. 1.38. Physical disability. Except where the context

indicates otherwise, in any rule, contract, or other document a

reference to a the term "crippled person or a similar reference

" shall be considered a reference to a person with a physical

disability the term "physically disabled" and a reference to

the term "crippling" shall be considered a reference to the

term "physical disability" or "physically disabling", as

appropriate, when referring to a person. The use of either

"crippled" or "physically disabled", or "crippling" or

"physical disability" shall not invalidate any rule, contract,

or other document.

(Source: P.A. 97-227, eff. 1-1-12.)

(5 ILCS 70/1.40 new)

Sec. 1.40. Persons with disabilities. Except where the

context indicates otherwise, in any rule, contract, or other

document a reference to the term "the physically handicapped"

or "the physically disabled" shall be considered a reference to

the term "persons with physical disabilities"; and a reference

to the term "the handicapped" or "handicapped persons" or

"handicapped individuals" or "the disabled" or "disabled

persons" or "disabled individuals" shall be considered a

reference to the term "persons with disabilities"; and a

reference to the term "handicapping condition" shall be

considered a reference to the term "disabling condition". The

use of either "the physically handicapped" or "the physically

disabled" or "persons with physical disabilities", or "the

handicapped" or "handicapped persons" or "handicapped

individuals" or "the disabled" or "disabled persons" or

"disabled individuals" or "persons with disabilities" or

"handicapping condition" or "disabling condition" shall not

invalidate any rule, contract, or other document.

(5 ILCS 70/1.41 new)

Sec. 1.41. Permanent disability; total disability. Except

where the context indicates otherwise, in any rule, contract,

or other document a reference to a permanently disabled person

or a similar reference shall be considered a reference to a

person with a permanent disability; and a reference to a

totally disabled person or a similar reference shall be

considered a reference to a person with a total disability; and

a reference to a permanently and totally disabled person or a

similar reference shall be considered a reference to a person

with a permanent and total disability; and a reference to a

totally and permanently disabled person or a similar reference

shall be considered a reference to a person with a total and

permanent disability; and a reference to a permanently totally

disabled person or a similar reference shall be considered a

reference to a person with a permanent total disability; and a

reference to a temporarily totally disabled person or a similar

reference shall be considered a reference to a person with a

temporary total disability. The use of either "permanently

disabled" or "permanent disability" or "totally disabled" or

"total disability" or "permanently and totally disabled" or

"permanent and total disability" or "totally and permanently

disabled" or "total and permanent disability" or "permanently

totally disabled" or "permanent total disability" or

"temporarily totally disabled" or "temporary total disability"

shall not invalidate any rule, contract, or other document.

(5 ILCS 70/1.42 new)

Sec. 1.42. Developmental disability. Except where the

context indicates otherwise, in any rule, contract, or other

document a reference to a developmentally disabled person or a

similar reference shall be considered a reference to a person

with a developmental disability and a reference to the

developmentally disabled or a similar reference shall be

considered a reference to persons with developmental

disabilities. The use of either "developmentally disabled" or

"developmental disability" or "the developmentally disabled"

or "persons with developmental disabilities" shall not

invalidate any rule, contract, or other document.

Section 10. The Illinois Administrative Procedure Act is

amended by changing Sections 5-45, 5-146, and 5-147 and by

adding Section 5-148 as follows:

(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

Sec. 5-45. Emergency rulemaking.

(a) "Emergency" means the existence of any situation that

any agency finds reasonably constitutes a threat to the public

interest, safety, or welfare.

(b) If any agency finds that an emergency exists that

requires adoption of a rule upon fewer days than is required by

Section 5-40 and states in writing its reasons for that

finding, the agency may adopt an emergency rule without prior

notice or hearing upon filing a notice of emergency rulemaking

with the Secretary of State under Section 5-70. The notice

shall include the text of the emergency rule and shall be

published in the Illinois Register. Consent orders or other

court orders adopting settlements negotiated by an agency may

be adopted under this Section. Subject to applicable

constitutional or statutory provisions, an emergency rule

becomes effective immediately upon filing under Section 5-65 or

at a stated date less than 10 days thereafter. The agency's

finding and a statement of the specific reasons for the finding

shall be filed with the rule. The agency shall take reasonable

and appropriate measures to make emergency rules known to the

persons who may be affected by them.

(c) An emergency rule may be effective for a period of not

longer than 150 days, but the agency's authority to adopt an

identical rule under Section 5-40 is not precluded. No

emergency rule may be adopted more than once in any 24 month

period, except that this limitation on the number of emergency

rules that may be adopted in a 24 month period does not apply

to (i) emergency rules that make additions to and deletions

from the Drug Manual under Section 5-5.16 of the Illinois

Public Aid Code or the generic drug formulary under Section

3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)

emergency rules adopted by the Pollution Control Board before

July 1, 1997 to implement portions of the Livestock Management

Facilities Act, (iii) emergency rules adopted by the Illinois

Department of Public Health under subsections (a) through (i)

of Section 2 of the Department of Public Health Act when

necessary to protect the public's health, (iv) emergency rules

adopted pursuant to subsection (n) of this Section, (v)

emergency rules adopted pursuant to subsection (o) of this

Section, or (vi) emergency rules adopted pursuant to subsection

(c-5) of this Section. Two or more emergency rules having

substantially the same purpose and effect shall be deemed to be

a single rule for purposes of this Section.

(c-5) To facilitate the maintenance of the program of group

health benefits provided to annuitants, survivors, and retired

employees under the State Employees Group Insurance Act of

1971, rules to alter the contributions to be paid by the State,

annuitants, survivors, retired employees, or any combination

of those entities, for that program of group health benefits,

shall be adopted as emergency rules. The adoption of those

rules shall be considered an emergency and necessary for the

public interest, safety, and welfare.

(d) In order to provide for the expeditious and timely

implementation of the State's fiscal year 1999 budget,

emergency rules to implement any provision of Public Act 90-587

or 90-588 or any other budget initiative for fiscal year 1999

may be adopted in accordance with this Section by the agency

charged with administering that provision or initiative,

except that the 24-month limitation on the adoption of

emergency rules and the provisions of Sections 5-115 and 5-125

do not apply to rules adopted under this subsection (d). The

adoption of emergency rules authorized by this subsection (d)

shall be deemed to be necessary for the public interest,

safety, and welfare.

(e) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2000 budget,

emergency rules to implement any provision of this amendatory

Act of the 91st General Assembly or any other budget initiative

for fiscal year 2000 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (e). The adoption of emergency rules authorized by

this subsection (e) shall be deemed to be necessary for the

public interest, safety, and welfare.

(f) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2001 budget,

emergency rules to implement any provision of this amendatory

Act of the 91st General Assembly or any other budget initiative

for fiscal year 2001 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (f). The adoption of emergency rules authorized by

this subsection (f) shall be deemed to be necessary for the

public interest, safety, and welfare.

(g) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2002 budget,

emergency rules to implement any provision of this amendatory

Act of the 92nd General Assembly or any other budget initiative

for fiscal year 2002 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (g). The adoption of emergency rules authorized by

this subsection (g) shall be deemed to be necessary for the

public interest, safety, and welfare.

(h) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2003 budget,

emergency rules to implement any provision of this amendatory

Act of the 92nd General Assembly or any other budget initiative

for fiscal year 2003 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (h). The adoption of emergency rules authorized by

this subsection (h) shall be deemed to be necessary for the

public interest, safety, and welfare.

(i) In order to provide for the expeditious and timely

implementation of the State's fiscal year 2004 budget,

emergency rules to implement any provision of this amendatory

Act of the 93rd General Assembly or any other budget initiative

for fiscal year 2004 may be adopted in accordance with this

Section by the agency charged with administering that provision

or initiative, except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (i). The adoption of emergency rules authorized by

this subsection (i) shall be deemed to be necessary for the

public interest, safety, and welfare.

(j) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2005 budget as provided under the Fiscal Year 2005 Budget

Implementation (Human Services) Act, emergency rules to

implement any provision of the Fiscal Year 2005 Budget

Implementation (Human Services) Act may be adopted in

accordance with this Section by the agency charged with

administering that provision, except that the 24-month

limitation on the adoption of emergency rules and the

provisions of Sections 5-115 and 5-125 do not apply to rules

adopted under this subsection (j). The Department of Public Aid

may also adopt rules under this subsection (j) necessary to

administer the Illinois Public Aid Code and the Children's

Health Insurance Program Act. The adoption of emergency rules

authorized by this subsection (j) shall be deemed to be

necessary for the public interest, safety, and welfare.

(k) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2006 budget, emergency rules to implement any provision of this

amendatory Act of the 94th General Assembly or any other budget

initiative for fiscal year 2006 may be adopted in accordance

with this Section by the agency charged with administering that

provision or initiative, except that the 24-month limitation on

the adoption of emergency rules and the provisions of Sections

5-115 and 5-125 do not apply to rules adopted under this

subsection (k). The Department of Healthcare and Family

Services may also adopt rules under this subsection (k)

necessary to administer the Illinois Public Aid Code, the

Senior Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act, the Senior Citizens and Disabled

Persons Prescription Drug Discount Program Act (now the

Illinois Prescription Drug Discount Program Act), and the

Children's Health Insurance Program Act. The adoption of

emergency rules authorized by this subsection (k) shall be

deemed to be necessary for the public interest, safety, and

welfare.

(l) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2007 budget, the Department of Healthcare and Family Services

may adopt emergency rules during fiscal year 2007, including

rules effective July 1, 2007, in accordance with this

subsection to the extent necessary to administer the

Department's responsibilities with respect to amendments to

the State plans and Illinois waivers approved by the federal

Centers for Medicare and Medicaid Services necessitated by the

requirements of Title XIX and Title XXI of the federal Social

Security Act. The adoption of emergency rules authorized by

this subsection (l) shall be deemed to be necessary for the

public interest, safety, and welfare.

(m) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2008 budget, the Department of Healthcare and Family Services

may adopt emergency rules during fiscal year 2008, including

rules effective July 1, 2008, in accordance with this

subsection to the extent necessary to administer the

Department's responsibilities with respect to amendments to

the State plans and Illinois waivers approved by the federal

Centers for Medicare and Medicaid Services necessitated by the

requirements of Title XIX and Title XXI of the federal Social

Security Act. The adoption of emergency rules authorized by

this subsection (m) shall be deemed to be necessary for the

public interest, safety, and welfare.

(n) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2010 budget, emergency rules to implement any provision of this

amendatory Act of the 96th General Assembly or any other budget

initiative authorized by the 96th General Assembly for fiscal

year 2010 may be adopted in accordance with this Section by the

agency charged with administering that provision or

initiative. The adoption of emergency rules authorized by this

subsection (n) shall be deemed to be necessary for the public

interest, safety, and welfare. The rulemaking authority

granted in this subsection (n) shall apply only to rules

promulgated during Fiscal Year 2010.

(o) In order to provide for the expeditious and timely

implementation of the provisions of the State's fiscal year

2011 budget, emergency rules to implement any provision of this

amendatory Act of the 96th General Assembly or any other budget

initiative authorized by the 96th General Assembly for fiscal

year 2011 may be adopted in accordance with this Section by the

agency charged with administering that provision or

initiative. The adoption of emergency rules authorized by this

subsection (o) is deemed to be necessary for the public

interest, safety, and welfare. The rulemaking authority

granted in this subsection (o) applies only to rules

promulgated on or after the effective date of this amendatory

Act of the 96th General Assembly through June 30, 2011.

(p) In order to provide for the expeditious and timely

implementation of the provisions of Public Act 97-689,

emergency rules to implement any provision of Public Act 97-689

may be adopted in accordance with this subsection (p) by the

agency charged with administering that provision or

initiative. The 150-day limitation of the effective period of

emergency rules does not apply to rules adopted under this

subsection (p), and the effective period may continue through

June 30, 2013. The 24-month limitation on the adoption of

emergency rules does not apply to rules adopted under this

subsection (p). The adoption of emergency rules authorized by

this subsection (p) is deemed to be necessary for the public

interest, safety, and welfare.

(q) In order to provide for the expeditious and timely

implementation of the provisions of Articles 7, 8, 9, 11, and

12 of this amendatory Act of the 98th General Assembly,

emergency rules to implement any provision of Articles 7, 8, 9,

11, and 12 of this amendatory Act of the 98th General Assembly

may be adopted in accordance with this subsection (q) by the

agency charged with administering that provision or

initiative. The 24-month limitation on the adoption of

emergency rules does not apply to rules adopted under this

subsection (q). The adoption of emergency rules authorized by

this subsection (q) is deemed to be necessary for the public

interest, safety, and welfare.

(r) In order to provide for the expeditious and timely

implementation of the provisions of this amendatory Act of the

98th General Assembly, emergency rules to implement this

amendatory Act of the 98th General Assembly may be adopted in

accordance with this subsection (r) by the Department of

Healthcare and Family Services. The 24-month limitation on the

adoption of emergency rules does not apply to rules adopted

under this subsection (r). The adoption of emergency rules

authorized by this subsection (r) is deemed to be necessary for

the public interest, safety, and welfare.

(Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12;

98-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.

6-16-14.)

(5 ILCS 100/5-146)

Sec. 5-146. Rule change; intellectual disability. Any

State agency with a rule that contains a reference to a the

term "mentally retarded person or similar reference shall amend

the text of the rule to contain a reference to a person with an

intellectual disability. Any State agency with a rule that

contains the term " or "mental retardation" shall amend the

text of the rule to substitute the term "intellectually

disabled" for "mentally retarded" and "intellectual

disability" for "mental retardation", and shall make any other

changes that may be necessary to conform to the changes made by

this amendatory Act of the 97th General Assembly.

(Source: P.A. 97-227, eff. 1-1-12.)

(5 ILCS 100/5-147)

Sec. 5-147. Rule change; physical disability. Any State

agency with a rule that contains a reference to a the term

"crippled person or similar reference shall amend the text of

the rule to contain a reference to a person with a physical

disability. Any State agency with a rule that contains the term

" or "crippling" to refer to a person with a physical

disability shall amend the text of the rule to substitute the

term "physically disabled" for "crippled" and "physical

disability" or "physically disabling", as appropriate, for

"crippling", and shall make any other changes that may be

necessary to conform to the changes made by this amendatory Act

of the 97th General Assembly.

(Source: P.A. 97-227, eff. 1-1-12.)

(5 ILCS 100/5-148 new)

Sec. 5-148. Rule change; persons with a disability. Any

State agency with a rule that contains the term "the physically

handicapped" or "the handicapped" or "handicapped persons" or

"handicapped individuals" or "handicapping condition" shall

amend the text of the rule to substitute the term "persons with

physical disabilities" for "the physically handicapped" and

"persons with disabilities" for "the handicapped" or

"handicapped persons" or "handicapped individuals" and

"disabling condition", as appropriate, for "handicapping

condition", and shall make any other changes that may be

necessary to conform to the changes made by this amendatory Act

of the 99th General Assembly.

Section 15. The Illinois Public Labor Relations Act is

amended by changing Section 3 as follows:

(5 ILCS 315/3) (from Ch. 48, par. 1603)

Sec. 3. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Board" means the Illinois Labor Relations Board or,

with respect to a matter over which the jurisdiction of the

Board is assigned to the State Panel or the Local Panel under

Section 5, the panel having jurisdiction over the matter.

(b) "Collective bargaining" means bargaining over terms

and conditions of employment, including hours, wages, and other

conditions of employment, as detailed in Section 7 and which

are not excluded by Section 4.

(c) "Confidential employee" means an employee who, in the

regular course of his or her duties, assists and acts in a

confidential capacity to persons who formulate, determine, and

effectuate management policies with regard to labor relations

or who, in the regular course of his or her duties, has

authorized access to information relating to the effectuation

or review of the employer's collective bargaining policies.

(d) "Craft employees" means skilled journeymen, crafts

persons, and their apprentices and helpers.

(e) "Essential services employees" means those public

employees performing functions so essential that the

interruption or termination of the function will constitute a

clear and present danger to the health and safety of the

persons in the affected community.

(f) "Exclusive representative", except with respect to

non-State fire fighters and paramedics employed by fire

departments and fire protection districts, non-State peace

officers, and peace officers in the Department of State Police,

means the labor organization that has been (i) designated by

the Board as the representative of a majority of public

employees in an appropriate bargaining unit in accordance with

the procedures contained in this Act, (ii) historically

recognized by the State of Illinois or any political

subdivision of the State before July 1, 1984 (the effective

date of this Act) as the exclusive representative of the

employees in an appropriate bargaining unit, (iii) after July

1, 1984 (the effective date of this Act) recognized by an

employer upon evidence, acceptable to the Board, that the labor

organization has been designated as the exclusive

representative by a majority of the employees in an appropriate

bargaining unit; (iv) recognized as the exclusive

representative of personal assistants under Executive Order

2003-8 prior to the effective date of this amendatory Act of

the 93rd General Assembly, and the organization shall be

considered to be the exclusive representative of the personal

assistants as defined in this Section; or (v) recognized as the

exclusive representative of child and day care home providers,

including licensed and license exempt providers, pursuant to an

election held under Executive Order 2005-1 prior to the

effective date of this amendatory Act of the 94th General

Assembly, and the organization shall be considered to be the

exclusive representative of the child and day care home

providers as defined in this Section.

With respect to non-State fire fighters and paramedics

employed by fire departments and fire protection districts,

non-State peace officers, and peace officers in the Department

of State Police, "exclusive representative" means the labor

organization that has been (i) designated by the Board as the

representative of a majority of peace officers or fire fighters

in an appropriate bargaining unit in accordance with the

procedures contained in this Act, (ii) historically recognized

by the State of Illinois or any political subdivision of the

State before January 1, 1986 (the effective date of this

amendatory Act of 1985) as the exclusive representative by a

majority of the peace officers or fire fighters in an

appropriate bargaining unit, or (iii) after January 1, 1986

(the effective date of this amendatory Act of 1985) recognized

by an employer upon evidence, acceptable to the Board, that the

labor organization has been designated as the exclusive

representative by a majority of the peace officers or fire

fighters in an appropriate bargaining unit.

Where a historical pattern of representation exists for the

workers of a water system that was owned by a public utility,

as defined in Section 3-105 of the Public Utilities Act, prior

to becoming certified employees of a municipality or

municipalities once the municipality or municipalities have

acquired the water system as authorized in Section 11-124-5 of

the Illinois Municipal Code, the Board shall find the labor

organization that has historically represented the workers to

be the exclusive representative under this Act, and shall find

the unit represented by the exclusive representative to be the

appropriate unit.

(g) "Fair share agreement" means an agreement between the

employer and an employee organization under which all or any of

the employees in a collective bargaining unit are required to

pay their proportionate share of the costs of the collective

bargaining process, contract administration, and pursuing

matters affecting wages, hours, and other conditions of

employment, but not to exceed the amount of dues uniformly

required of members. The amount certified by the exclusive

representative shall not include any fees for contributions

related to the election or support of any candidate for

political office. Nothing in this subsection (g) shall preclude

an employee from making voluntary political contributions in

conjunction with his or her fair share payment.

(g-1) "Fire fighter" means, for the purposes of this Act

only, any person who has been or is hereafter appointed to a

fire department or fire protection district or employed by a

state university and sworn or commissioned to perform fire

fighter duties or paramedic duties, except that the following

persons are not included: part-time fire fighters, auxiliary,

reserve or voluntary fire fighters, including paid on-call fire

fighters, clerks and dispatchers or other civilian employees of

a fire department or fire protection district who are not

routinely expected to perform fire fighter duties, or elected

officials.

(g-2) "General Assembly of the State of Illinois" means the

legislative branch of the government of the State of Illinois,

as provided for under Article IV of the Constitution of the

State of Illinois, and includes but is not limited to the House

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

Representatives, the Minority Leader of the House of

Representatives, the President of the Senate, the Minority

Leader of the Senate, the Joint Committee on Legislative

Support Services and any legislative support services agency

listed in the Legislative Commission Reorganization Act of

1984.

(h) "Governing body" means, in the case of the State, the

State Panel of the Illinois Labor Relations Board, the Director

of the Department of Central Management Services, and the

Director of the Department of Labor; the county board in the

case of a county; the corporate authorities in the case of a

municipality; and the appropriate body authorized to provide

for expenditures of its funds in the case of any other unit of

government.

(i) "Labor organization" means any organization in which

public employees participate and that exists for the purpose,

in whole or in part, of dealing with a public employer

concerning wages, hours, and other terms and conditions of

employment, including the settlement of grievances.

(i-5) "Legislative liaison" means a person who is an

employee of a State agency, the Attorney General, the Secretary

of State, the Comptroller, or the Treasurer, as the case may

be, and whose job duties require the person to regularly

communicate in the course of his or her employment with any

official or staff of the General Assembly of the State of

Illinois for the purpose of influencing any legislative action.

(j) "Managerial employee" means an individual who is

engaged predominantly in executive and management functions

and is charged with the responsibility of directing the

effectuation of management policies and practices. With

respect only to State employees in positions under the

jurisdiction of the Attorney General, Secretary of State,

Comptroller, or Treasurer (i) that were certified in a

bargaining unit on or after December 2, 2008, (ii) for which a

petition is filed with the Illinois Public Labor Relations

Board on or after April 5, 2013 (the effective date of Public

Act 97-1172), or (iii) for which a petition is pending before

the Illinois Public Labor Relations Board on that date,

"managerial employee" means an individual who is engaged in

executive and management functions or who is charged with the

effectuation of management policies and practices or who

represents management interests by taking or recommending

discretionary actions that effectively control or implement

policy. Nothing in this definition prohibits an individual from

also meeting the definition of "supervisor" under subsection

(r) of this Section.

(k) "Peace officer" means, for the purposes of this Act

only, any persons who have been or are hereafter appointed to a

police force, department, or agency and sworn or commissioned

to perform police duties, except that the following persons are

not included: part-time police officers, special police

officers, auxiliary police as defined by Section 3.1-30-20 of

the Illinois Municipal Code, night watchmen, "merchant

police", court security officers as defined by Section 3-6012.1

of the Counties Code, temporary employees, traffic guards or

wardens, civilian parking meter and parking facilities

personnel or other individuals specially appointed to aid or

direct traffic at or near schools or public functions or to aid

in civil defense or disaster, parking enforcement employees who

are not commissioned as peace officers and who are not armed

and who are not routinely expected to effect arrests, parking

lot attendants, clerks and dispatchers or other civilian

employees of a police department who are not routinely expected

to effect arrests, or elected officials.

(l) "Person" includes one or more individuals, labor

organizations, public employees, associations, corporations,

legal representatives, trustees, trustees in bankruptcy,

receivers, or the State of Illinois or any political

subdivision of the State or governing body, but does not

include the General Assembly of the State of Illinois or any

individual employed by the General Assembly of the State of

Illinois.

(m) "Professional employee" means any employee engaged in

work predominantly intellectual and varied in character rather

than routine mental, manual, mechanical or physical work;

involving the consistent exercise of discretion and adjustment

in its performance; of such a character that the output

produced or the result accomplished cannot be standardized in

relation to a given period of time; and requiring advanced

knowledge in a field of science or learning customarily

acquired by a prolonged course of specialized intellectual

instruction and study in an institution of higher learning or a

hospital, as distinguished from a general academic education or

from apprenticeship or from training in the performance of

routine mental, manual, or physical processes; or any employee

who has completed the courses of specialized intellectual

instruction and study prescribed in this subsection (m) and is

performing related work under the supervision of a professional

person to qualify to become a professional employee as defined

in this subsection (m).

(n) "Public employee" or "employee", for the purposes of

this Act, means any individual employed by a public employer,

including (i) interns and residents at public hospitals, (ii)

as of the effective date of this amendatory Act of the 93rd

General Assembly, but not before, personal assistants working

under the Home Services Program under Section 3 of the

Rehabilitation of Persons with Disabilities Disabled Persons

Rehabilitation Act, subject to the limitations set forth in

this Act and in the Rehabilitation of Persons with Disabilities

Disabled Persons Rehabilitation Act, (iii) as of the effective

date of this amendatory Act of the 94th General Assembly, but

not before, child and day care home providers participating in

the child care assistance program under Section 9A-11 of the

Illinois Public Aid Code, subject to the limitations set forth

in this Act and in Section 9A-11 of the Illinois Public Aid

Code, (iv) as of January 29, 2013 (the effective date of Public

Act 97-1158), but not before except as otherwise provided in

this subsection (n), home care and home health workers who

function as personal assistants and individual maintenance

home health workers and who also work under the Home Services

Program under Section 3 of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act, no matter

whether the State provides those services through direct

fee-for-service arrangements, with the assistance of a managed

care organization or other intermediary, or otherwise, (v)

beginning on the effective date of this amendatory Act of the

98th General Assembly and notwithstanding any other provision

of this Act, any person employed by a public employer and who

is classified as or who holds the employment title of Chief

Stationary Engineer, Assistant Chief Stationary Engineer,

Sewage Plant Operator, Water Plant Operator, Stationary

Engineer, Plant Operating Engineer, and any other employee who

holds the position of: Civil Engineer V, Civil Engineer VI,

Civil Engineer VII, Technical Manager I, Technical Manager II,

Technical Manager III, Technical Manager IV, Technical Manager

V, Technical Manager VI, Realty Specialist III, Realty

Specialist IV, Realty Specialist V, Technical Advisor I,

Technical Advisor II, Technical Advisor III, Technical Advisor

IV, or Technical Advisor V employed by the Department of

Transportation who is in a position which is certified in a

bargaining unit on or before the effective date of this

amendatory Act of the 98th General Assembly, and (vi) beginning

on the effective date of this amendatory Act of the 98th

General Assembly and notwithstanding any other provision of

this Act, any mental health administrator in the Department of

Corrections who is classified as or who holds the position of

Public Service Administrator (Option 8K), any employee of the

Office of the Inspector General in the Department of Human

Services who is classified as or who holds the position of

Public Service Administrator (Option 7), any Deputy of

Intelligence in the Department of Corrections who is classified

as or who holds the position of Public Service Administrator

(Option 7), and any employee of the Department of State Police

who handles issues concerning the Illinois State Police Sex

Offender Registry and who is classified as or holds the

position of Public Service Administrator (Option 7), but

excluding all of the following: employees of the General

Assembly of the State of Illinois; elected officials; executive

heads of a department; members of boards or commissions; the

Executive Inspectors General; any special Executive Inspectors

General; employees of each Office of an Executive Inspector

General; commissioners and employees of the Executive Ethics

Commission; the Auditor General's Inspector General; employees

of the Office of the Auditor General's Inspector General; the

Legislative Inspector General; any special Legislative

Inspectors General; employees of the Office of the Legislative

Inspector General; commissioners and employees of the

Legislative Ethics Commission; employees of any agency, board

or commission created by this Act; employees appointed to State

positions of a temporary or emergency nature; all employees of

school districts and higher education institutions except

firefighters and peace officers employed by a state university

and except peace officers employed by a school district in its

own police department in existence on the effective date of

this amendatory Act of the 96th General Assembly; managerial

employees; short-term employees; legislative liaisons; a

person who is a State employee under the jurisdiction of the

Office of the Attorney General who is licensed to practice law

or whose position authorizes, either directly or indirectly,

meaningful input into government decision-making on issues

where there is room for principled disagreement on goals or

their implementation; a person who is a State employee under

the jurisdiction of the Office of the Comptroller who holds the

position of Public Service Administrator or whose position is

otherwise exempt under the Comptroller Merit Employment Code; a

person who is a State employee under the jurisdiction of the

Secretary of State who holds the position classification of

Executive I or higher, whose position authorizes, either

directly or indirectly, meaningful input into government

decision-making on issues where there is room for principled

disagreement on goals or their implementation, or who is

otherwise exempt under the Secretary of State Merit Employment

Code; employees in the Office of the Secretary of State who are

completely exempt from jurisdiction B of the Secretary of State

Merit Employment Code and who are in Rutan-exempt positions on

or after April 5, 2013 (the effective date of Public Act

97-1172); a person who is a State employee under the

jurisdiction of the Treasurer who holds a position that is

exempt from the State Treasurer Employment Code; any employee

of a State agency who (i) holds the title or position of, or

exercises substantially similar duties as a legislative

liaison, Agency General Counsel, Agency Chief of Staff, Agency

Executive Director, Agency Deputy Director, Agency Chief

Fiscal Officer, Agency Human Resources Director, Public

Information Officer, or Chief Information Officer and (ii) was

neither included in a bargaining unit nor subject to an active

petition for certification in a bargaining unit; any employee

of a State agency who (i) is in a position that is

Rutan-exempt, as designated by the employer, and completely

exempt from jurisdiction B of the Personnel Code and (ii) was

neither included in a bargaining unit nor subject to an active

petition for certification in a bargaining unit; any term

appointed employee of a State agency pursuant to Section 8b.18

or 8b.19 of the Personnel Code who was neither included in a

bargaining unit nor subject to an active petition for

certification in a bargaining unit; any employment position

properly designated pursuant to Section 6.1 of this Act;

confidential employees; independent contractors; and

supervisors except as provided in this Act.

Home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Disabled

Persons Rehabilitation Act shall not be considered public

employees for any purposes not specifically provided for in

Public Act 93-204 or Public Act 97-1158, including but not

limited to, purposes of vicarious liability in tort and

purposes of statutory retirement or health insurance benefits.

Home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Disabled

Persons Rehabilitation Act shall not be covered by the State

Employees Group Insurance Act of 1971 (5 ILCS 375/).

Child and day care home providers shall not be considered

public employees for any purposes not specifically provided for

in this amendatory Act of the 94th General Assembly, including

but not limited to, purposes of vicarious liability in tort and

purposes of statutory retirement or health insurance benefits.

Child and day care home providers shall not be covered by the

State Employees Group Insurance Act of 1971.

Notwithstanding Section 9, subsection (c), or any other

provisions of this Act, all peace officers above the rank of

captain in municipalities with more than 1,000,000 inhabitants

shall be excluded from this Act.

(o) Except as otherwise in subsection (o-5), "public

employer" or "employer" means the State of Illinois; any

political subdivision of the State, unit of local government or

school district; authorities including departments, divisions,

bureaus, boards, commissions, or other agencies of the

foregoing entities; and any person acting within the scope of

his or her authority, express or implied, on behalf of those

entities in dealing with its employees. As of the effective

date of the amendatory Act of the 93rd General Assembly, but

not before, the State of Illinois shall be considered the

employer of the personal assistants working under the Home

Services Program under Section 3 of the Rehabilitation of

Persons with Disabilities Disabled Persons Rehabilitation Act,

subject to the limitations set forth in this Act and in the

Rehabilitation of Persons with Disabilities Disabled Persons

Rehabilitation Act. As of January 29, 2013 (the effective date

of Public Act 97-1158), but not before except as otherwise

provided in this subsection (o), the State shall be considered

the employer of home care and home health workers who function

as personal assistants and individual maintenance home health

workers and who also work under the Home Services Program under

Section 3 of the Rehabilitation of Persons with Disabilities

Disabled Persons Rehabilitation Act, no matter whether the

State provides those services through direct fee-for-service

arrangements, with the assistance of a managed care

organization or other intermediary, or otherwise, but subject

to the limitations set forth in this Act and the Rehabilitation

of Persons with Disabilities Disabled Persons Rehabilitation

Act. The State shall not be considered to be the employer of

home care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also work under the Home Services Program under Section 3

of the Rehabilitation of Persons with Disabilities Disabled

Persons Rehabilitation Act, for any purposes not specifically

provided for in Public Act 93-204 or Public Act 97-1158,

including but not limited to, purposes of vicarious liability

in tort and purposes of statutory retirement or health

insurance benefits. Home care and home health workers who

function as personal assistants and individual maintenance

home health workers and who also work under the Home Services

Program under Section 3 of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act shall not be

covered by the State Employees Group Insurance Act of 1971 (5

ILCS 375/). As of the effective date of this amendatory Act of

the 94th General Assembly but not before, the State of Illinois

shall be considered the employer of the day and child care home

providers participating in the child care assistance program

under Section 9A-11 of the Illinois Public Aid Code, subject to

the limitations set forth in this Act and in Section 9A-11 of

the Illinois Public Aid Code. The State shall not be considered

to be the employer of child and day care home providers for any

purposes not specifically provided for in this amendatory Act

of the 94th General Assembly, including but not limited to,

purposes of vicarious liability in tort and purposes of

statutory retirement or health insurance benefits. Child and

day care home providers shall not be covered by the State

Employees Group Insurance Act of 1971.

"Public employer" or "employer" as used in this Act,

however, does not mean and shall not include the General

Assembly of the State of Illinois, the Executive Ethics

Commission, the Offices of the Executive Inspectors General,

the Legislative Ethics Commission, the Office of the

Legislative Inspector General, the Office of the Auditor

General's Inspector General, the Office of the Governor, the

Governor's Office of Management and Budget, the Illinois

Finance Authority, the Office of the Lieutenant Governor, the

State Board of Elections, and educational employers or

employers as defined in the Illinois Educational Labor

Relations Act, except with respect to a state university in its

employment of firefighters and peace officers and except with

respect to a school district in the employment of peace

officers in its own police department in existence on the

effective date of this amendatory Act of the 96th General

Assembly. County boards and county sheriffs shall be designated

as joint or co-employers of county peace officers appointed

under the authority of a county sheriff. Nothing in this

subsection (o) shall be construed to prevent the State Panel or

the Local Panel from determining that employers are joint or

co-employers.

(o-5) With respect to wages, fringe benefits, hours,

holidays, vacations, proficiency examinations, sick leave, and

other conditions of employment, the public employer of public

employees who are court reporters, as defined in the Court

Reporters Act, shall be determined as follows:

(1) For court reporters employed by the Cook County

Judicial Circuit, the chief judge of the Cook County

Circuit Court is the public employer and employer

representative.

(2) For court reporters employed by the 12th, 18th,

19th, and, on and after December 4, 2006, the 22nd judicial

circuits, a group consisting of the chief judges of those

circuits, acting jointly by majority vote, is the public

employer and employer representative.

(3) For court reporters employed by all other judicial

circuits, a group consisting of the chief judges of those

circuits, acting jointly by majority vote, is the public

employer and employer representative.

(p) "Security employee" means an employee who is

responsible for the supervision and control of inmates at

correctional facilities. The term also includes other

non-security employees in bargaining units having the majority

of employees being responsible for the supervision and control

of inmates at correctional facilities.

(q) "Short-term employee" means an employee who is employed

for less than 2 consecutive calendar quarters during a calendar

year and who does not have a reasonable assurance that he or

she will be rehired by the same employer for the same service

in a subsequent calendar year.

(q-5) "State agency" means an agency directly responsible

to the Governor, as defined in Section 3.1 of the Executive

Reorganization Implementation Act, and the Illinois Commerce

Commission, the Illinois Workers' Compensation Commission, the

Civil Service Commission, the Pollution Control Board, the

Illinois Racing Board, and the Department of State Police Merit

Board.

(r) "Supervisor" is:

(1) An employee whose principal work is substantially

different from that of his or her subordinates and who has

authority, in the interest of the employer, to hire,

transfer, suspend, lay off, recall, promote, discharge,

direct, reward, or discipline employees, to adjust their

grievances, or to effectively recommend any of those

actions, if the exercise of that authority is not of a

merely routine or clerical nature, but requires the

consistent use of independent judgment. Except with

respect to police employment, the term "supervisor"

includes only those individuals who devote a preponderance

of their employment time to exercising that authority,

State supervisors notwithstanding. Nothing in this

definition prohibits an individual from also meeting the

definition of "managerial employee" under subsection (j)

of this Section. In addition, in determining supervisory

status in police employment, rank shall not be

determinative. The Board shall consider, as evidence of

bargaining unit inclusion or exclusion, the common law

enforcement policies and relationships between police

officer ranks and certification under applicable civil

service law, ordinances, personnel codes, or Division 2.1

of Article 10 of the Illinois Municipal Code, but these

factors shall not be the sole or predominant factors

considered by the Board in determining police supervisory

status.

Notwithstanding the provisions of the preceding

paragraph, in determining supervisory status in fire

fighter employment, no fire fighter shall be excluded as a

supervisor who has established representation rights under

Section 9 of this Act. Further, in new fire fighter units,

employees shall consist of fire fighters of the rank of

company officer and below. If a company officer otherwise

qualifies as a supervisor under the preceding paragraph,

however, he or she shall not be included in the fire

fighter unit. If there is no rank between that of chief and

the highest company officer, the employer may designate a

position on each shift as a Shift Commander, and the

persons occupying those positions shall be supervisors.

All other ranks above that of company officer shall be

supervisors.

(2) With respect only to State employees in positions

under the jurisdiction of the Attorney General, Secretary

of State, Comptroller, or Treasurer (i) that were certified

in a bargaining unit on or after December 2, 2008, (ii) for

which a petition is filed with the Illinois Public Labor

Relations Board on or after April 5, 2013 (the effective

date of Public Act 97-1172), or (iii) for which a petition

is pending before the Illinois Public Labor Relations Board

on that date, an employee who qualifies as a supervisor

under (A) Section 152 of the National Labor Relations Act

and (B) orders of the National Labor Relations Board

interpreting that provision or decisions of courts

reviewing decisions of the National Labor Relations Board.

(s)(1) "Unit" means a class of jobs or positions that are

held by employees whose collective interests may suitably be

represented by a labor organization for collective bargaining.

Except with respect to non-State fire fighters and paramedics

employed by fire departments and fire protection districts,

non-State peace officers, and peace officers in the Department

of State Police, a bargaining unit determined by the Board

shall not include both employees and supervisors, or

supervisors only, except as provided in paragraph (2) of this

subsection (s) and except for bargaining units in existence on

July 1, 1984 (the effective date of this Act). With respect to

non-State fire fighters and paramedics employed by fire

departments and fire protection districts, non-State peace

officers, and peace officers in the Department of State Police,

a bargaining unit determined by the Board shall not include

both supervisors and nonsupervisors, or supervisors only,

except as provided in paragraph (2) of this subsection (s) and

except for bargaining units in existence on January 1, 1986

(the effective date of this amendatory Act of 1985). A

bargaining unit determined by the Board to contain peace

officers shall contain no employees other than peace officers

unless otherwise agreed to by the employer and the labor

organization or labor organizations involved. Notwithstanding

any other provision of this Act, a bargaining unit, including a

historical bargaining unit, containing sworn peace officers of

the Department of Natural Resources (formerly designated the

Department of Conservation) shall contain no employees other

than such sworn peace officers upon the effective date of this

amendatory Act of 1990 or upon the expiration date of any

collective bargaining agreement in effect upon the effective

date of this amendatory Act of 1990 covering both such sworn

peace officers and other employees.

(2) Notwithstanding the exclusion of supervisors from

bargaining units as provided in paragraph (1) of this

subsection (s), a public employer may agree to permit its

supervisory employees to form bargaining units and may bargain

with those units. This Act shall apply if the public employer

chooses to bargain under this subsection.

(3) Public employees who are court reporters, as defined in

the Court Reporters Act, shall be divided into 3 units for

collective bargaining purposes. One unit shall be court

reporters employed by the Cook County Judicial Circuit; one

unit shall be court reporters employed by the 12th, 18th, 19th,

and, on and after December 4, 2006, the 22nd judicial circuits;

and one unit shall be court reporters employed by all other

judicial circuits.

(t) "Active petition for certification in a bargaining

unit" means a petition for certification filed with the Board

under one of the following case numbers: S-RC-11-110;

S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;

S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;

S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;

S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;

S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;

S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;

S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;

S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or

S-RC-07-100.

(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;

97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff.

8-18-14.)

Section 20. The Voluntary Payroll Deductions Act of 1983 is

amended by changing Section 3 as follows:

(5 ILCS 340/3) (from Ch. 15, par. 503)

Sec. 3. Definitions. As used in this Act unless the context

otherwise requires:

(a) "Employee" means any regular officer or employee who

receives salary or wages for personal services rendered to the

State of Illinois, and includes an individual hired as an

employee by contract with that individual.

(b) "Qualified organization" means an organization

representing one or more benefiting agencies, which

organization is designated by the State Comptroller as

qualified to receive payroll deductions under this Act. An

organization desiring to be designated as a qualified

organization shall:

(1) Submit written or electronic designations on forms

approved by the State Comptroller by 500 or more employees

or State annuitants, in which such employees or State

annuitants indicate that the organization is one for which

the employee or State annuitant intends to authorize

withholding. The forms shall require the name, last 4

digits only of the social security number, and employing

State agency for each employee. Upon notification by the

Comptroller that such forms have been approved, the

organization shall, within 30 days, notify in writing the

Governor or his or her designee of its intention to obtain

the required number of designations. Such organization

shall have 12 months from that date to obtain the necessary

designations and return to the State Comptroller's office

the completed designations, which shall be subject to

verification procedures established by the State

Comptroller;

(2) Certify that all benefiting agencies are tax exempt

under Section 501(c)(3) of the Internal Revenue Code;

(3) Certify that all benefiting agencies are in

compliance with the Illinois Human Rights Act;

(4) Certify that all benefiting agencies are in

compliance with the Charitable Trust Act and the

Solicitation for Charity Act;

(5) Certify that all benefiting agencies actively

conduct health or welfare programs and provide services to

individuals directed at one or more of the following common

human needs within a community: service, research, and

education in the health fields; family and child care

services; protective services for children and adults;

services for children and adults in foster care; services

related to the management and maintenance of the home; day

care services for adults; transportation services;

information, referral and counseling services; services to

eliminate illiteracy; the preparation and delivery of

meals; adoption services; emergency shelter care and

relief services; disaster relief services; safety

services; neighborhood and community organization

services; recreation services; social adjustment and

rehabilitation services; health support services; or a

combination of such services designed to meet the special

needs of specific groups, such as children and youth, the

ill and infirm, and persons with physical disabilities the

physically handicapped; and that all such benefiting

agencies provide the above described services to

individuals and their families in the community and

surrounding area in which the organization conducts its

fund drive, or that such benefiting agencies provide relief

to victims of natural disasters and other emergencies on a

where and as needed basis;

(6) Certify that the organization has disclosed the

percentage of the organization's total collected receipts

from employees or State annuitants that are distributed to

the benefiting agencies and the percentage of the

organization's total collected receipts from employees or

State annuitants that are expended for fund-raising and

overhead costs. These percentages shall be the same

percentage figures annually disclosed by the organization

to the Attorney General. The disclosure shall be made to

all solicited employees and State annuitants and shall be

in the form of a factual statement on all petitions and in

the campaign's brochures for employees and State

annuitants;

(7) Certify that all benefiting agencies receiving

funds which the employee or State annuitant has requested

or designated for distribution to a particular community

and surrounding area use a majority of such funds

distributed for services in the actual provision of

services in that community and surrounding area;

(8) Certify that neither it nor its member

organizations will solicit State employees for

contributions at their workplace, except pursuant to this

Act and the rules promulgated thereunder. Each qualified

organization, and each participating United Fund, is

encouraged to cooperate with all others and with all State

agencies and educational institutions so as to simplify

procedures, to resolve differences and to minimize costs;

(9) Certify that it will pay its share of the campaign

costs and will comply with the Code of Campaign Conduct as

approved by the Governor or other agency as designated by

the Governor; and

(10) Certify that it maintains a year-round office, the

telephone number, and person responsible for the

operations of the organization in Illinois. That

information shall be provided to the State Comptroller at

the time the organization is seeking participation under

this Act.

Each qualified organization shall submit to the State

Comptroller between January 1 and March 1 of each year, a

statement that the organization is in compliance with all of

the requirements set forth in paragraphs (2) through (10). The

State Comptroller shall exclude any organization that fails to

submit the statement from the next solicitation period.

In order to be designated as a qualified organization, the

organization shall have existed at least 2 years prior to

submitting the written or electronic designation forms

required in paragraph (1) and shall certify to the State

Comptroller that such organization has been providing services

described in paragraph (5) in Illinois. If the organization

seeking designation represents more than one benefiting

agency, it need not have existed for 2 years but shall certify

to the State Comptroller that each of its benefiting agencies

has existed for at least 2 years prior to submitting the

written or electronic designation forms required in paragraph

(1) and that each has been providing services described in

paragraph (5) in Illinois.

Organizations which have met the requirements of this Act

shall be permitted to participate in the State and Universities

Combined Appeal as of January 1st of the year immediately

following their approval by the Comptroller.

Where the certifications described in paragraphs (2), (3),

(4), (5), (6), (7), (8), (9), and (10) above are made by an

organization representing more than one benefiting agency they

shall be based upon the knowledge and belief of such qualified

organization. Any qualified organization shall immediately

notify the State Comptroller in writing if the qualified

organization receives information or otherwise believes that a

benefiting agency is no longer in compliance with the

certification of the qualified organization. A qualified

organization representing more than one benefiting agency

shall thereafter withhold and refrain from distributing to such

benefiting agency those funds received pursuant to this Act

until the benefiting agency is again in compliance with the

qualified organization's certification. The qualified

organization shall immediately notify the State Comptroller of

the benefiting agency's resumed compliance with the

certification, based upon the qualified organization's

knowledge and belief, and shall pay over to the benefiting

agency those funds previously withheld.

In order to qualify, a qualified organization must receive

250 deduction pledges from the immediately preceding

solicitation period as set forth in Section 6. The Comptroller

shall, by February 1st of each year, so notify any qualified

organization that failed to receive the minimum deduction

requirement. The notification shall give such qualified

organization until March 1st to provide the Comptroller with

documentation that the minimum deduction requirement has been

met. On the basis of all the documentation, the Comptroller

shall, by March 15th of each year, submit to the Governor or

his or her designee, or such other agency as may be determined

by the Governor, a list of all organizations which have met the

minimum payroll deduction requirement. Only those

organizations which have met such requirements, as well as the

other requirements of this Section, shall be permitted to

solicit State employees or State annuitants for voluntary

contributions, and the Comptroller shall discontinue

withholding for any such organization which fails to meet these

requirements, except qualified organizations that received

deduction pledges during the 2004 solicitation period are

deemed to be qualified for the 2005 solicitation period.

(c) "United Fund" means the organization conducting the

single, annual, consolidated effort to secure funds for

distribution to agencies engaged in charitable and public

health, welfare and services purposes, which is commonly known

as the United Fund, or the organization which serves in place

of the United Fund organization in communities where an

organization known as the United Fund is not organized.

In order for a United Fund to participate in the State and

Universities Employees Combined Appeal, it shall comply with

the provisions of paragraph (9) of subsection (b).

(d) "State and Universities Employees Combined Appeal",

otherwise known as "SECA", means the State-directed joint

effort of all of the qualified organizations, together with the

United Funds, for the solicitation of voluntary contributions

from State and University employees and State annuitants.

(e) "Retirement system" means any or all of the following:

the General Assembly Retirement System, the State Employees'

Retirement System of Illinois, the State Universities

Retirement System, the Teachers' Retirement System of the State

of Illinois, and the Judges Retirement System.

(f) "State annuitant" means a person receiving an annuity

or disability benefit under Article 2, 14, 15, 16, or 18 of the

Illinois Pension Code.

(Source: P.A. 97-1005, eff. 1-1-13.)

Section 25. The Public Employee Disability Act is amended

by changing Section 1 as follows:

(5 ILCS 345/1) (from Ch. 70, par. 91)

Sec. 1. Disability benefit.

(a) For the purposes of this Section, "eligible employee"

means any part-time or full-time State correctional officer or

any other full or part-time employee of the Department of

Corrections, any full or part-time employee of the Prisoner

Review Board, any full or part-time employee of the Department

of Human Services working within a penal institution or a State

mental health or developmental disabilities facility operated

by the Department of Human Services, and any full-time law

enforcement officer or full-time firefighter who is employed by

the State of Illinois, any unit of local government (including

any home rule unit), any State supported college or university,

or any other public entity granted the power to employ persons

for such purposes by law.

(b) Whenever an eligible employee suffers any injury in the

line of duty which causes him to be unable to perform his

duties, he shall continue to be paid by the employing public

entity on the same basis as he was paid before the injury, with

no deduction from his sick leave credits, compensatory time for

overtime accumulations or vacation, or service credits in a

public employee pension fund during the time he is unable to

perform his duties due to the result of the injury, but not

longer than one year in relation to the same injury. However,

no injury to an employee of the Department of Corrections or

the Prisoner Review Board working within a penal institution or

an employee of the Department of Human Services working within

a departmental mental health or developmental disabilities

facility shall qualify the employee for benefits under this

Section unless the injury is the direct or indirect result of

violence by inmates of the penal institution or residents of

the mental health or developmental disabilities facility.

(c) At any time during the period for which continuing

compensation is required by this Act, the employing public

entity may order at the expense of that entity physical or

medical examinations of the injured person to determine the

degree of disability.

(d) During this period of disability, the injured person

shall not be employed in any other manner, with or without

monetary compensation. Any person who is employed in violation

of this paragraph forfeits the continuing compensation

provided by this Act from the time such employment begins. Any

salary compensation due the injured person from workers'

compensation or any salary due him from any type of insurance

which may be carried by the employing public entity shall

revert to that entity during the time for which continuing

compensation is paid to him under this Act. Any person with a

disability disabled person receiving compensation under the

provisions of this Act shall not be entitled to any benefits

for which he would qualify because of his disability under the

provisions of the Illinois Pension Code.

(e) Any employee of the State of Illinois, as defined in

Section 14-103.05 of the Illinois Pension Code, who becomes

permanently unable to perform the duties of such employment due

to an injury received in the active performance of his duties

as a State employee as a result of a willful act of violence by

another employee of the State of Illinois, as so defined,

committed during such other employee's course of employment and

after January 1, 1988, shall be eligible for benefits pursuant

to the provisions of this Section. For purposes of this

Section, permanent disability permanently disabled is defined

as a diagnosis or prognosis of an inability to return to

current job duties by a physician licensed to practice medicine

in all of its branches.

(f) The compensation and other benefits provided to

part-time employees covered by this Section shall be calculated

based on the percentage of time the part-time employee was

scheduled to work pursuant to his or her status as a part-time

employee.

(g) Pursuant to paragraphs (h) and (i) of Section 6 of

Article VII of the Illinois Constitution, this Act specifically

denies and limits the exercise by home rule units of any power

which is inconsistent herewith, and all existing laws and

ordinances which are inconsistent herewith are hereby

superseded. This Act does not preempt the concurrent exercise

by home rule units of powers consistent herewith.

This Act does not apply to any home rule unit with a

population of over 1,000,000.

(h) In those cases where the injury to a State employee for

which a benefit is payable under this Act was caused under

circumstances creating a legal liability for damages on the

part of some person other than the State employer, all of the

rights and privileges, including the right to notice of suit

brought against such other person and the right to commence or

join in such suit, as given the employer, together with the

conditions or obligations imposed under paragraph (b) of

Section 5 of the Workers' Compensation Act, are also given and

granted to the State, to the end that, with respect to State

employees only, the State may be paid or reimbursed for the

amount of benefit paid or to be paid by the State to the

injured employee or his or her personal representative out of

any judgment, settlement, or payment for such injury obtained

by such injured employee or his or her personal representative

from such other person by virtue of the injury.

(Source: P.A. 96-1430, eff. 1-1-11.)

Section 30. The State Employees Group Insurance Act of 1971

is amended by changing Section 3 as follows:

(5 ILCS 375/3) (from Ch. 127, par. 523)

Sec. 3. Definitions. Unless the context otherwise

requires, the following words and phrases as used in this Act

shall have the following meanings. The Department may define

these and other words and phrases separately for the purpose of

implementing specific programs providing benefits under this

Act.

(a) "Administrative service organization" means any

person, firm or corporation experienced in the handling of

claims which is fully qualified, financially sound and capable

of meeting the service requirements of a contract of

administration executed with the Department.

(b) "Annuitant" means (1) an employee who retires, or has

retired, on or after January 1, 1966 on an immediate annuity

under the provisions of Articles 2, 14 (including an employee

who has elected to receive an alternative retirement

cancellation payment under Section 14-108.5 of the Illinois

Pension Code in lieu of an annuity), 15 (including an employee

who has retired under the optional retirement program

established under Section 15-158.2), paragraphs (2), (3), or

(5) of Section 16-106, or Article 18 of the Illinois Pension

Code; (2) any person who was receiving group insurance coverage

under this Act as of March 31, 1978 by reason of his status as

an annuitant, even though the annuity in relation to which such

coverage was provided is a proportional annuity based on less

than the minimum period of service required for a retirement

annuity in the system involved; (3) any person not otherwise

covered by this Act who has retired as a participating member

under Article 2 of the Illinois Pension Code but is ineligible

for the retirement annuity under Section 2-119 of the Illinois

Pension Code; (4) the spouse of any person who is receiving a

retirement annuity under Article 18 of the Illinois Pension

Code and who is covered under a group health insurance program

sponsored by a governmental employer other than the State of

Illinois and who has irrevocably elected to waive his or her

coverage under this Act and to have his or her spouse

considered as the "annuitant" under this Act and not as a

"dependent"; or (5) an employee who retires, or has retired,

from a qualified position, as determined according to rules

promulgated by the Director, under a qualified local

government, a qualified rehabilitation facility, a qualified

domestic violence shelter or service, or a qualified child

advocacy center. (For definition of "retired employee", see (p)

post).

(b-5) (Blank).

(b-6) (Blank).

(b-7) (Blank).

(c) "Carrier" means (1) an insurance company, a corporation

organized under the Limited Health Service Organization Act or

the Voluntary Health Services Plan Act, a partnership, or other

nongovernmental organization, which is authorized to do group

life or group health insurance business in Illinois, or (2) the

State of Illinois as a self-insurer.

(d) "Compensation" means salary or wages payable on a

regular payroll by the State Treasurer on a warrant of the

State Comptroller out of any State, trust or federal fund, or

by the Governor of the State through a disbursing officer of

the State out of a trust or out of federal funds, or by any

Department out of State, trust, federal or other funds held by

the State Treasurer or the Department, to any person for

personal services currently performed, and ordinary or

accidental disability benefits under Articles 2, 14, 15

(including ordinary or accidental disability benefits under

the optional retirement program established under Section

15-158.2), paragraphs (2), (3), or (5) of Section 16-106, or

Article 18 of the Illinois Pension Code, for disability

incurred after January 1, 1966, or benefits payable under the

Workers' Compensation or Occupational Diseases Act or benefits

payable under a sick pay plan established in accordance with

Section 36 of the State Finance Act. "Compensation" also means

salary or wages paid to an employee of any qualified local

government, qualified rehabilitation facility, qualified

domestic violence shelter or service, or qualified child

advocacy center.

(e) "Commission" means the State Employees Group Insurance

Advisory Commission authorized by this Act. Commencing July 1,

1984, "Commission" as used in this Act means the Commission on

Government Forecasting and Accountability as established by

the Legislative Commission Reorganization Act of 1984.

(f) "Contributory", when referred to as contributory

coverage, shall mean optional coverages or benefits elected by

the member toward the cost of which such member makes

contribution, or which are funded in whole or in part through

the acceptance of a reduction in earnings or the foregoing of

an increase in earnings by an employee, as distinguished from

noncontributory coverage or benefits which are paid entirely by

the State of Illinois without reduction of the member's salary.

(g) "Department" means any department, institution, board,

commission, officer, court or any agency of the State

government receiving appropriations and having power to

certify payrolls to the Comptroller authorizing payments of

salary and wages against such appropriations as are made by the

General Assembly from any State fund, or against trust funds

held by the State Treasurer and includes boards of trustees of

the retirement systems created by Articles 2, 14, 15, 16 and 18

of the Illinois Pension Code. "Department" also includes the

Illinois Comprehensive Health Insurance Board, the Board of

Examiners established under the Illinois Public Accounting

Act, and the Illinois Finance Authority.

(h) "Dependent", when the term is used in the context of

the health and life plan, means a member's spouse and any child

(1) from birth to age 26 including an adopted child, a child

who lives with the member from the time of the filing of a

petition for adoption until entry of an order of adoption, a

stepchild or adjudicated child, or a child who lives with the

member if such member is a court appointed guardian of the

child or (2) age 19 or over who has a mental or physical

disability is mentally or physically disabled from a cause

originating prior to the age of 19 (age 26 if enrolled as an

adult child dependent). For the health plan only, the term

"dependent" also includes (1) any person enrolled prior to the

effective date of this Section who is dependent upon the member

to the extent that the member may claim such person as a

dependent for income tax deduction purposes and (2) any person

who has received after June 30, 2000 an organ transplant and

who is financially dependent upon the member and eligible to be

claimed as a dependent for income tax purposes. A member

requesting to cover any dependent must provide documentation as

requested by the Department of Central Management Services and

file with the Department any and all forms required by the

Department.

(i) "Director" means the Director of the Illinois

Department of Central Management Services.

(j) "Eligibility period" means the period of time a member

has to elect enrollment in programs or to select benefits

without regard to age, sex or health.

(k) "Employee" means and includes each officer or employee

in the service of a department who (1) receives his

compensation for service rendered to the department on a

warrant issued pursuant to a payroll certified by a department

or on a warrant or check issued and drawn by a department upon

a trust, federal or other fund or on a warrant issued pursuant

to a payroll certified by an elected or duly appointed officer

of the State or who receives payment of the performance of

personal services on a warrant issued pursuant to a payroll

certified by a Department and drawn by the Comptroller upon the

State Treasurer against appropriations made by the General

Assembly from any fund or against trust funds held by the State

Treasurer, and (2) is employed full-time or part-time in a

position normally requiring actual performance of duty during

not less than 1/2 of a normal work period, as established by

the Director in cooperation with each department, except that

persons elected by popular vote will be considered employees

during the entire term for which they are elected regardless of

hours devoted to the service of the State, and (3) except that

"employee" does not include any person who is not eligible by

reason of such person's employment to participate in one of the

State retirement systems under Articles 2, 14, 15 (either the

regular Article 15 system or the optional retirement program

established under Section 15-158.2) or 18, or under paragraph

(2), (3), or (5) of Section 16-106, of the Illinois Pension

Code, but such term does include persons who are employed

during the 6 month qualifying period under Article 14 of the

Illinois Pension Code. Such term also includes any person who

(1) after January 1, 1966, is receiving ordinary or accidental

disability benefits under Articles 2, 14, 15 (including

ordinary or accidental disability benefits under the optional

retirement program established under Section 15-158.2),

paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of

the Illinois Pension Code, for disability incurred after

January 1, 1966, (2) receives total permanent or total

temporary disability under the Workers' Compensation Act or

Occupational Disease Act as a result of injuries sustained or

illness contracted in the course of employment with the State

of Illinois, or (3) is not otherwise covered under this Act and

has retired as a participating member under Article 2 of the

Illinois Pension Code but is ineligible for the retirement

annuity under Section 2-119 of the Illinois Pension Code.

However, a person who satisfies the criteria of the foregoing

definition of "employee" except that such person is made

ineligible to participate in the State Universities Retirement

System by clause (4) of subsection (a) of Section 15-107 of the

Illinois Pension Code is also an "employee" for the purposes of

this Act. "Employee" also includes any person receiving or

eligible for benefits under a sick pay plan established in

accordance with Section 36 of the State Finance Act. "Employee"

also includes (i) each officer or employee in the service of a

qualified local government, including persons appointed as

trustees of sanitary districts regardless of hours devoted to

the service of the sanitary district, (ii) each employee in the

service of a qualified rehabilitation facility, (iii) each

full-time employee in the service of a qualified domestic

violence shelter or service, and (iv) each full-time employee

in the service of a qualified child advocacy center, as

determined according to rules promulgated by the Director.

(l) "Member" means an employee, annuitant, retired

employee or survivor. In the case of an annuitant or retired

employee who first becomes an annuitant or retired employee on

or after the effective date of this amendatory Act of the 97th

General Assembly, the individual must meet the minimum vesting

requirements of the applicable retirement system in order to be

eligible for group insurance benefits under that system. In the

case of a survivor who first becomes a survivor on or after the

effective date of this amendatory Act of the 97th General

Assembly, the deceased employee, annuitant, or retired

employee upon whom the annuity is based must have been eligible

to participate in the group insurance system under the

applicable retirement system in order for the survivor to be

eligible for group insurance benefits under that system.

(m) "Optional coverages or benefits" means those coverages

or benefits available to the member on his or her voluntary

election, and at his or her own expense.

(n) "Program" means the group life insurance, health

benefits and other employee benefits designed and contracted

for by the Director under this Act.

(o) "Health plan" means a health benefits program offered

by the State of Illinois for persons eligible for the plan.

(p) "Retired employee" means any person who would be an

annuitant as that term is defined herein but for the fact that

such person retired prior to January 1, 1966. Such term also

includes any person formerly employed by the University of

Illinois in the Cooperative Extension Service who would be an

annuitant but for the fact that such person was made ineligible

to participate in the State Universities Retirement System by

clause (4) of subsection (a) of Section 15-107 of the Illinois

Pension Code.

(q) "Survivor" means a person receiving an annuity as a

survivor of an employee or of an annuitant. "Survivor" also

includes: (1) the surviving dependent of a person who satisfies

the definition of "employee" except that such person is made

ineligible to participate in the State Universities Retirement

System by clause (4) of subsection (a) of Section 15-107 of the

Illinois Pension Code; (2) the surviving dependent of any

person formerly employed by the University of Illinois in the

Cooperative Extension Service who would be an annuitant except

for the fact that such person was made ineligible to

participate in the State Universities Retirement System by

clause (4) of subsection (a) of Section 15-107 of the Illinois

Pension Code; and (3) the surviving dependent of a person who

was an annuitant under this Act by virtue of receiving an

alternative retirement cancellation payment under Section

14-108.5 of the Illinois Pension Code.

(q-2) "SERS" means the State Employees' Retirement System

of Illinois, created under Article 14 of the Illinois Pension

Code.

(q-3) "SURS" means the State Universities Retirement

System, created under Article 15 of the Illinois Pension Code.

(q-4) "TRS" means the Teachers' Retirement System of the

State of Illinois, created under Article 16 of the Illinois

Pension Code.

(q-5) (Blank).

(q-6) (Blank).

(q-7) (Blank).

(r) "Medical services" means the services provided within

the scope of their licenses by practitioners in all categories

licensed under the Medical Practice Act of 1987.

(s) "Unit of local government" means any county,

municipality, township, school district (including a

combination of school districts under the Intergovernmental

Cooperation Act), special district or other unit, designated as

a unit of local government by law, which exercises limited

governmental powers or powers in respect to limited

governmental subjects, any not-for-profit association with a

membership that primarily includes townships and township

officials, that has duties that include provision of research

service, dissemination of information, and other acts for the

purpose of improving township government, and that is funded

wholly or partly in accordance with Section 85-15 of the

Township Code; any not-for-profit corporation or association,

with a membership consisting primarily of municipalities, that

operates its own utility system, and provides research,

training, dissemination of information, or other acts to

promote cooperation between and among municipalities that

provide utility services and for the advancement of the goals

and purposes of its membership; the Southern Illinois

Collegiate Common Market, which is a consortium of higher

education institutions in Southern Illinois; the Illinois

Association of Park Districts; and any hospital provider that

is owned by a county that has 100 or fewer hospital beds and

has not already joined the program. "Qualified local

government" means a unit of local government approved by the

Director and participating in a program created under

subsection (i) of Section 10 of this Act.

(t) "Qualified rehabilitation facility" means any

not-for-profit organization that is accredited by the

Commission on Accreditation of Rehabilitation Facilities or

certified by the Department of Human Services (as successor to

the Department of Mental Health and Developmental

Disabilities) to provide services to persons with disabilities

and which receives funds from the State of Illinois for

providing those services, approved by the Director and

participating in a program created under subsection (j) of

Section 10 of this Act.

(u) "Qualified domestic violence shelter or service" means

any Illinois domestic violence shelter or service and its

administrative offices funded by the Department of Human

Services (as successor to the Illinois Department of Public

Aid), approved by the Director and participating in a program

created under subsection (k) of Section 10.

(v) "TRS benefit recipient" means a person who:

(1) is not a "member" as defined in this Section; and

(2) is receiving a monthly benefit or retirement

annuity under Article 16 of the Illinois Pension Code; and

(3) either (i) has at least 8 years of creditable

service under Article 16 of the Illinois Pension Code, or

(ii) was enrolled in the health insurance program offered

under that Article on January 1, 1996, or (iii) is the

survivor of a benefit recipient who had at least 8 years of

creditable service under Article 16 of the Illinois Pension

Code or was enrolled in the health insurance program

offered under that Article on the effective date of this

amendatory Act of 1995, or (iv) is a recipient or survivor

of a recipient of a disability benefit under Article 16 of

the Illinois Pension Code.

(w) "TRS dependent beneficiary" means a person who:

(1) is not a "member" or "dependent" as defined in this

Section; and

(2) is a TRS benefit recipient's: (A) spouse, (B)

dependent parent who is receiving at least half of his or

her support from the TRS benefit recipient, or (C) natural,

step, adjudicated, or adopted child who is (i) under age

26, (ii) was, on January 1, 1996, participating as a

dependent beneficiary in the health insurance program

offered under Article 16 of the Illinois Pension Code, or

(iii) age 19 or over who has a mental or physical

disability is mentally or physically disabled from a cause

originating prior to the age of 19 (age 26 if enrolled as

an adult child).

"TRS dependent beneficiary" does not include, as indicated

under paragraph (2) of this subsection (w), a dependent of the

survivor of a TRS benefit recipient who first becomes a

dependent of a survivor of a TRS benefit recipient on or after

the effective date of this amendatory Act of the 97th General

Assembly unless that dependent would have been eligible for

coverage as a dependent of the deceased TRS benefit recipient

upon whom the survivor benefit is based.

(x) "Military leave" refers to individuals in basic

training for reserves, special/advanced training, annual

training, emergency call up, activation by the President of the

United States, or any other training or duty in service to the

United States Armed Forces.

(y) (Blank).

(z) "Community college benefit recipient" means a person

who:

(1) is not a "member" as defined in this Section; and

(2) is receiving a monthly survivor's annuity or

retirement annuity under Article 15 of the Illinois Pension

Code; and

(3) either (i) was a full-time employee of a community

college district or an association of community college

boards created under the Public Community College Act

(other than an employee whose last employer under Article

15 of the Illinois Pension Code was a community college

district subject to Article VII of the Public Community

College Act) and was eligible to participate in a group

health benefit plan as an employee during the time of

employment with a community college district (other than a

community college district subject to Article VII of the

Public Community College Act) or an association of

community college boards, or (ii) is the survivor of a

person described in item (i).

(aa) "Community college dependent beneficiary" means a

person who:

(1) is not a "member" or "dependent" as defined in this

Section; and

(2) is a community college benefit recipient's: (A)

spouse, (B) dependent parent who is receiving at least half

of his or her support from the community college benefit

recipient, or (C) natural, step, adjudicated, or adopted

child who is (i) under age 26, or (ii) age 19 or over and

has a mental or physical disability mentally or physically

disabled from a cause originating prior to the age of 19

(age 26 if enrolled as an adult child).

"Community college dependent beneficiary" does not

include, as indicated under paragraph (2) of this subsection

(aa), a dependent of the survivor of a community college

benefit recipient who first becomes a dependent of a survivor

of a community college benefit recipient on or after the

effective date of this amendatory Act of the 97th General

Assembly unless that dependent would have been eligible for

coverage as a dependent of the deceased community college

benefit recipient upon whom the survivor annuity is based.

(bb) "Qualified child advocacy center" means any Illinois

child advocacy center and its administrative offices funded by

the Department of Children and Family Services, as defined by

the Children's Advocacy Center Act (55 ILCS 80/), approved by

the Director and participating in a program created under

subsection (n) of Section 10.

(Source: P.A. 97-668, eff. 1-13-12; 97-695, eff. 7-1-12;

98-488, eff. 8-16-13.)

Section 35. The State Employment Records Act is amended by

changing Sections 5 and 15 as follows:

(5 ILCS 410/5)

Sec. 5. Findings and purpose. The General Assembly hereby

finds as follows:

(a) Efficient, responsive, and accountable disbursement of

State services is best facilitated by a diversified State work

force which reflects the diversity of the tax-paying

constituency the State work force is employed to serve.

(b) The purpose of this Act is to require and develop

within existing State administrative processes a comprehensive

procedure to collect, classify, maintain, and publish, for

State and public use, information that provides the General

Assembly and the People of this State with adequate information

of the number of minorities, women, and persons with physical

disabilities physically disabled persons employed by State

government within the State work force.

(c) To provide State officials, administrators and the

People of the State with information to help guide efforts to

achieve a more diversified State work force, the total number

of persons employed within the State work force shall be

tabulated in a comprehensive manner to provide meaningful

review of the number and percentage of minorities, women, and

persons with physical disabilities physically disabled persons

employed as part of the State work force.

(Source: P.A. 87-1211.)

(5 ILCS 410/15)

Sec. 15. Reported information.

(a) State agencies shall, if necessary, consult with the

Office of the Comptroller and the Governor's Office of

Management and Budget to confirm the accuracy of information

required by this Act. State agencies shall collect and maintain

information and publish reports including but not limited to

the following information arranged in the indicated

categories:

(i) the total number of persons employed by the agency

who are part of the State work force, as defined by this

Act, and the number and statistical percentage of women,

minorities, and persons with physical disabilities

physically disabled persons employed within the agency

work force;

(ii) the total number of persons employed within the

agency work force receiving levels of State remuneration

within incremental levels of $10,000, and the number and

statistical percentage of minorities, women, and persons

with physical disabilities physically disabled persons in

the agency work force receiving levels of State

remuneration within incremented levels of $10,000;

(iii) the number of open positions of employment or

advancement in the agency work force, reported on a fiscal

year basis;

(iv) the number and percentage of open positions of

employment or advancement in the agency work force filled

by minorities, women, and persons with physical

disabilities physically disabled persons, reported on a

fiscal year basis;

(v) the total number of persons employed within the

agency work force as professionals, and the number and

percentage of minorities, women, and persons with physical

disabilities physically disabled persons employed within

the agency work force as professional employees; and

(vi) the total number of persons employed within the

agency work force as contractual service employees, and the

number and percentage of minorities, women, and persons

with physical disabilities physically disabled persons

employed within the agency work force as contractual

services employees.

(b) The numbers and percentages of minorities required to

be reported by this Section shall be identified by the

following categories:

(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins

in any of the black racial groups of Africa). Terms such as

"Haitian" or "Negro" can be used in addition to "Black or

African American".

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a person

having origins in any of the original peoples of Hawaii,

Guam, Samoa, or other Pacific Islands).

Data concerning women shall be reported on a minority and

nonminority basis. The numbers and percentages of persons with

physical disabilities physically disabled persons required to

be reported under this Section shall be identified by

categories as male and female.

(c) To accomplish consistent and uniform classification

and collection of information from each State agency, and to

ensure full compliance and that all required information is

provided, the Index Department of the Office of the Secretary

of State, in consultation with the Department of Human Rights,

the Department of Central Management Services, and the Office

of the Comptroller, shall develop appropriate forms to be used

by all State agencies subject to the reporting requirements of

this Act.

All State agencies shall make the reports required by this

Act using the forms developed under this subsection. The

reports must be certified and signed by an official of the

agency who is responsible for the information provided.

(Source: P.A. 97-396, eff. 1-1-12.)

Section 40. The Home for Disabled Soldiers Land Cession Act

is amended by changing Section 0.01 as follows:

(5 ILCS 510/0.01) (from Ch. 1, par. 3700)

Sec. 0.01. Short title. This Act may be cited as the

National Home for Disabled Volunteer Soldiers Home for Disabled

Soldiers Land Cession Act.

(Source: P.A. 86-1324.)

Section 45. The Election Code is amended by changing

Sections 1-3, 1-10, 4-6, 4-8.01, 4-8.01, 4-8.02, 5-5, 5-7.01,

5-7.02, 6-29, 6-35.01, 6-35.02, 6-50, 7-15, 11-4.1, 11-4.2,

11-4.3, 12-1, 17-13, 17-14, 17-17, 18-5.1, 19-5, 19-12.1,

19A-21, 19A-40, 24-9, and 24C-11 as follows:

(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)

Sec. 1-3. As used in this Act, unless the context otherwise

requires:

1. "Election" includes the submission of all questions of

public policy, propositions, and all measures submitted to

popular vote, and includes primary elections when so indicated

by the context.

2. "Regular election" means the general, general primary,

consolidated and consolidated primary elections regularly

scheduled in Article 2A. The even numbered year municipal

primary established in Article 2A is a regular election only

with respect to those municipalities in which a primary is

required to be held on such date.

3. "Special election" means an election not regularly

recurring at fixed intervals, irrespective of whether it is

held at the same time and place and by the same election

officers as a regular election.

4. "General election" means the biennial election at which

members of the General Assembly are elected. "General primary

election", "consolidated election" and "consolidated primary

election" mean the respective elections or the election dates

designated and established in Article 2A of this Code.

5. "Municipal election" means an election or primary,

either regular or special, in cities, villages, and

incorporated towns; and "municipality" means any such city,

village or incorporated town.

6. "Political or governmental subdivision" means any unit

of local government, or school district in which elections are

or may be held. "Political or governmental subdivision" also

includes, for election purposes, Regional Boards of School

Trustees, and Township Boards of School Trustees.

7. The word "township" and the word "town" shall apply

interchangeably to the type of governmental organization

established in accordance with the provisions of the Township

Code. The term "incorporated town" shall mean a municipality

referred to as an incorporated town in the Illinois Municipal

Code, as now or hereafter amended.

8. "Election authority" means a county clerk or a Board of

Election Commissioners.

9. "Election Jurisdiction" means (a) an entire county, in

the case of a county in which no city board of election

commissioners is located or which is under the jurisdiction of

a county board of election commissioners; (b) the territorial

jurisdiction of a city board of election commissioners; and (c)

the territory in a county outside of the jurisdiction of a city

board of election commissioners. In each instance election

jurisdiction shall be determined according to which election

authority maintains the permanent registration records of

qualified electors.

10. "Local election official" means the clerk or secretary

of a unit of local government or school district, as the case

may be, the treasurer of a township board of school trustees,

and the regional superintendent of schools with respect to the

various school officer elections and school referenda for which

the regional superintendent is assigned election duties by The

School Code, as now or hereafter amended.

11. "Judges of election", "primary judges" and similar

terms, as applied to cases where there are 2 sets of judges,

when used in connection with duties at an election during the

hours the polls are open, refer to the team of judges of

election on duty during such hours; and, when used with

reference to duties after the closing of the polls, refer to

the team of tally judges designated to count the vote after the

closing of the polls and the holdover judges designated

pursuant to Section 13-6.2 or 14-5.2. In such case, where,

after the closing of the polls, any act is required to be

performed by each of the judges of election, it shall be

performed by each of the tally judges and by each of the

holdover judges.

12. "Petition" of candidacy as used in Sections 7-10 and

7-10.1 shall consist of a statement of candidacy, candidate's

statement containing oath, and sheets containing signatures of

qualified primary electors bound together.

13. "Election district" and "precinct", when used with

reference to a 30-day residence requirement, means the smallest

constituent territory in which electors vote as a unit at the

same polling place in any election governed by this Act.

14. "District" means any area which votes as a unit for the

election of any officer, other than the State or a unit of

local government or school district, and includes, but is not

limited to, legislative, congressional and judicial districts,

judicial circuits, county board districts, municipal and

sanitary district wards, school board districts, and

precincts.

15. "Question of public policy" or "public question" means

any question, proposition or measure submitted to the voters at

an election dealing with subject matter other than the

nomination or election of candidates and shall include, but is

not limited to, any bond or tax referendum, and questions

relating to the Constitution.

16. "Ordinance providing the form of government of a

municipality or county pursuant to Article VII of the

Constitution" includes ordinances, resolutions and petitions

adopted by referendum which provide for the form of government,

the officers or the manner of selection or terms of office of

officers of such municipality or county, pursuant to the

provisions of Sections 4, 6 or 7 of Article VII of the

Constitution.

17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,

6-60, and 6-66 shall include a computer tape or computer disc

or other electronic data processing information containing

voter information.

18. "Accessible" means accessible to persons with

disabilities handicapped and elderly individuals for the

purpose of voting or registration, as determined by rule of the

State Board of Elections.

19. "Elderly" means 65 years of age or older.

20. "Person with a disability Handicapped" means a person

having a temporary or permanent physical disability.

21. "Leading political party" means one of the two

political parties whose candidates for governor at the most

recent three gubernatorial elections received either the

highest or second highest average number of votes. The

political party whose candidates for governor received the

highest average number of votes shall be known as the first

leading political party and the political party whose

candidates for governor received the second highest average

number of votes shall be known as the second leading political

party.

22. "Business day" means any day in which the office of an

election authority, local election official or the State Board

of Elections is open to the public for a minimum of 7 hours.

23. "Homeless individual" means any person who has a

nontraditional residence, including, but not limited to, a

shelter, day shelter, park bench, street corner, or space under

a bridge.

(Source: P.A. 96-1000, eff. 7-2-10.)

(10 ILCS 5/1-10)

Sec. 1-10. Public comment. Notwithstanding any law to the

contrary, the State Board of Elections in evaluating the

feasibility of any new voting system shall seek and accept

public comment from persons with disabilities of the disabled

community, including but not limited to organizations of the

blind.

(Source: P.A. 93-574, eff. 8-21-03.)

(10 ILCS 5/4-6) (from Ch. 46, par. 4-6)

Sec. 4-6. For the purpose of registering voters under this

Article in addition to the method provided for precinct

registration under Section 4-7, the office of the county clerk

shall be open every day, except Saturday, Sunday, and legal

holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the hours of

registration shall be from 9:00 a.m. to 12:00 noon, and such

additional hours as the county clerk may designate. If,

however, the county board otherwise duly regulates and fixes

the hours of opening and closing of all county offices at the

county seat of any county, such regulation shall control and

supersede the hours herein specified. There shall be no

registration at the office of the county clerk or at the office

of municipal and township or road district clerks serving as

deputy registrars during the 27 days preceding any regular or

special election at which the cards provided in this Article

are used, or until the 2nd day following such regular or

special election; provided, that if by reason of the proximity

of any such elections to one another the effect of this

provision would be to close registrations for all or any part

of the 10 days immediately prior to such 27 day period, the

county clerk shall accept, solely for use in the subsequent and

not in any intervening election, registrations and transfers of

registration within the period from the 27th to the 38th days,

both inclusive, prior to such subsequent election. In any

election called for the submission of the revision or

alteration of, or the amendments to the Constitution, submitted

by a Constitutional Convention, the final day for registration

at the office of the election authority charged with the

printing of the ballot of this election shall be the 15th day

prior to the date of election.

Any qualified person residing within the county or any

portion thereof subject to this Article may register or

re-register with the county clerk.

Each county clerk shall appoint one or more registration or

re-registration teams for the purpose of accepting the

registration or re-registration of any voter who files an

affidavit that he is physically unable to appear at any

appointed place of registration or re-registration. Each team

shall consist of one member of each political party having the

highest and second highest number of registered voters in the

county. The county clerk shall designate a team to visit each

person with a disability disabled person and shall accept the

registration or re-registration of each such person as if he

had applied for registration or re-registration at the office

of the county clerk.

As used in this Article, "deputy registrars" and

"registration officers" mean any person authorized to accept

registrations of electors under this Article.

(Source: P.A. 92-816, eff. 8-21-02.)

(10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)

Sec. 4-8.01. If an applicant for registration reports a

permanent physical disability which would require assistance

in voting, the county clerk shall mark all his registration

cards in the right margin on the front of the card with a band

of ink running the full margin which shall be of contrast to,

and easily distinguishable from, the color of the card. If an

applicant for registration declares upon properly witnessed

oath, with his signature or mark affixed, that he cannot read

the English language and that he will require assistance in

voting, all his registration cards shall be marked in a manner

similar to the marking on the cards of a voter who requires

assistance because of physical disability, except that the

marking shall be of a different distinguishing color. Following

each election the cards of any voter who has requested

assistance as a voter with a disability disabled voter, and has

stated that the disability is permanent, or who has received

assistance because of inability to read the English language,

shall be marked in the same manner.

(Source: Laws 1967, p. 3525.)

(10 ILCS 5/4-8.02) (from Ch. 46, par. 4-8.02)

Sec. 4-8.02. Upon the issuance of a disabled voter's

identification card for persons with disabilities as provided

in Section 19-12.1, the county clerk shall cause the

identification number of such card to be clearly noted on all

the registration cards of such voter.

(Source: P.A. 78-320.)

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

Sec. 5-5. For the purpose of registering voters under this

Article 5, in addition to the method provided for precinct

registration under Sections 5-6 and 5-17 of this Article 5, the

office of the county clerk shall be open between 9:00 a. m. and

5:00 p. m. on all days except Saturday, Sunday and holidays,

but there shall be no registration at such office during the 35

days immediately preceding any election required to be held

under the law but if no precinct registration is being

conducted prior to any election then registration may be taken

in the office of the county clerk up to and including the 28th

day prior to an election. On Saturdays, the hours of

registration shall be from 9:00 a. m. to 12:00 p. m. noon.

During such 35 or 27 day period, registration of electors of

political subdivisions wherein a regular, or special election

is required to be held shall cease and shall not be resumed for

the registration of electors of such political subdivisions

until the second day following the day of such election. In any

election called for the submission of the revision or

alteration of, or the amendments to the Constitution, submitted

by a Constitutional Convention, the final day for registration

at the office of the election authority charged with the

printing of the ballot of this election shall be the 15th day

prior to the date of the election.

Each county clerk shall appoint one deputy for the purpose

of accepting the registration of any voter who files an

affidavit that he is physically unable to appear at any

appointed place of registration. The county clerk shall

designate a deputy to visit each person with a disability

disabled person and shall accept the registration of each such

person as if he had applied for registration at the office of

the county clerk.

The offices of city, village, incorporated town and town

clerks shall also be open for the purpose of registering voters

residing in the territory in which this Article is in effect,

and also, in the case of city, village and incorporated town

clerks, for the purpose of registering voters residing in a

portion of the city, village or incorporated town not located

within the county, on all days on which the office of the

county clerk is open for the registration of voters of such

cities, villages, incorporated towns and townships.

(Source: P.A. 92-816, eff. 8-21-02.)

(10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)

Sec. 5-7.01. If an applicant for registration reports a

permanent physical disability which would require assistance

in voting, the county clerk shall mark all his registration

cards in the right margin on the front of the card with a band

of ink running the full margin which shall be of contrast to,

and easily distinguishable from, the color of the card. If an

applicant for registration declares upon properly witnessed

oath, with his signature or mark affixed, that he cannot read

the English language and that he will require assistance in

voting, all his registration cards shall be marked in a manner

similar to the marking on the cards of a voter who requires

assistance because of physical disability, except that the

marking shall be of a different distinguishing color. Following

each election the cards of any voter who has requested

assistance as a voter with a disability disabled voter, and has

stated that the disability is permanent, or who has received

assistance because of inability to read the English language,

shall be marked in the same manner.

(Source: Laws 1967, p. 3524.)

(10 ILCS 5/5-7.02) (from Ch. 46, par. 5-7.02)

Sec. 5-7.02. Upon the issuance of a disabled voter's

identification card for persons with disabilities as provided

in Section 19-12.1, the county clerk shall cause the

identification number of such card to be clearly noted on all

the registration cards of such voter.

(Source: P.A. 78-320.)

(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)

(Text of Section before amendment by P.A. 98-1171)

Sec. 6-29. For the purpose of registering voters under this

Article, the office of the Board of Election Commissioners

shall be open during ordinary business hours of each week day,

from 9 a.m. to 12 o'clock noon on the last four Saturdays

immediately preceding the end of the period of registration

preceding each election, and such other days and such other

times as the board may direct. During the 27 days immediately

preceding any election there shall be no registration of voters

at the office of the Board of Election Commissioners in cities,

villages and incorporated towns of fewer than 200,000

inhabitants. In cities, villages and incorporated towns of

200,000 or more inhabitants, there shall be no registration of

voters at the office of the Board of Election Commissioners

during the 35 days immediately preceding any election;

provided, however, where no precinct registration is being

conducted prior to any election then registration may be taken

in the office of the Board up to and including the 28th day

prior to such election. The Board of Election Commissioners may

set up and establish as many branch offices for the purpose of

taking registrations as it may deem necessary, and the branch

offices may be open on any or all dates and hours during which

registrations may be taken in the main office. All officers and

employees of the Board of Election Commissioners who are

authorized by such board to take registrations under this

Article shall be considered officers of the circuit court, and

shall be subject to the same control as is provided by Section

14-5 of this Act with respect to judges of election.

In any election called for the submission of the revision

or alteration of, or the amendments to the Constitution,

submitted by a Constitutional Convention, the final day for

registration at the office of the election authority charged

with the printing of the ballot of this election shall be the

15th day prior to the date of election.

The Board of Election Commissioners shall appoint one or

more registration teams, consisting of 2 of its employees for

each team, for the purpose of accepting the registration of any

voter who files an affidavit, within the period for taking

registrations provided for in this Article, that he is

physically unable to appear at the office of the Board or at

any appointed place of registration. On the day or days when a

precinct registration is being conducted such teams shall

consist of one member from each of the 2 leading political

parties who are serving on the Precinct Registration Board.

Each team so designated shall visit each person with a

disability disabled person and shall accept the registration of

such person the same as if he had applied for registration in

person.

Any otherwise qualified person who is absent from his

county of residence due to business of the United States, or

who is temporarily residing outside the territorial limits of

the United States, may make application to become registered by

mail to the Board of Election Commissioners within the periods

for registration provided for in this Article or by

simultaneous application for absentee registration and

absentee ballot as provided in Article 20 of this Code.

Upon receipt of such application the Board of Election

Commissioners shall immediately mail an affidavit of

registration in duplicate, which affidavit shall contain the

following and such other information as the State Board of

Elections may think it proper to require for the identification

of the applicant:

Name. The name of the applicant, giving surname and first

or Christian name in full, and the middle name or the initial

for such middle name, if any.

Sex.

Residence. The name and number of the street, avenue or

other location of the dwelling, and such additional clear and

definite description as may be necessary to determine the exact

location of the dwelling of the applicant. Where the location

cannot be determined by street and number, then the section,

congressional township and range number may be used, or such

other information as may be necessary, including post office

mailing address.

Electronic mail address, if the registrant has provided

this information.

Term of residence in the State of Illinois and the

precinct.

Nativity. The state or country in which the applicant was

born.

Citizenship. Whether the applicant is native born or

naturalized. If naturalized, the court, place and date of

naturalization.

Age. Date of birth, by month, day and year.

Out of State address of ..................

AFFIDAVIT OF REGISTRATION

State of .........)

) ss.

County of ........)

I hereby swear (or affirm) that I am a citizen of the

United States; that on the day of the next election I shall

have resided in the State of Illinois and in the election

precinct 30 days; that I am fully qualified to vote, that I am

not registered to vote anywhere else in the United States, that

I intend to remain a resident of the State of Illinois, and of

the election precinct, that I intend to return to the State of

Illinois, and that the above statements are true.

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

(His or her signature or mark)

Subscribed and sworn to before me, an officer qualified to

administer oaths, on (insert date).

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

Signature of officer administering oath.

Upon receipt of the executed duplicate affidavit of

Registration, the Board of Election Commissioners shall

transfer the information contained thereon to duplicate

Registration Cards provided for in Section 6-35 of this Article

and shall attach thereto a copy of each of the duplicate

affidavit of registration and thereafter such registration

card and affidavit shall constitute the registration of such

person the same as if he had applied for registration in

person.

(Source: P.A. 98-115, eff. 10-1-13.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 6-29. For the purpose of registering voters under this

Article, the office of the Board of Election Commissioners

shall be open during ordinary business hours of each week day,

from 9 a.m. to 12 o'clock noon on the last four Saturdays

immediately preceding the end of the period of registration

preceding each election, and such other days and such other

times as the board may direct. During the 27 days immediately

preceding any election there shall be no registration of voters

at the office of the Board of Election Commissioners in cities,

villages and incorporated towns of fewer than 200,000

inhabitants. In cities, villages and incorporated towns of

200,000 or more inhabitants, there shall be no registration of

voters at the office of the Board of Election Commissioners

during the 35 days immediately preceding any election;

provided, however, where no precinct registration is being

conducted prior to any election then registration may be taken

in the office of the Board up to and including the 28th day

prior to such election. The Board of Election Commissioners may

set up and establish as many branch offices for the purpose of

taking registrations as it may deem necessary, and the branch

offices may be open on any or all dates and hours during which

registrations may be taken in the main office. All officers and

employees of the Board of Election Commissioners who are

authorized by such board to take registrations under this

Article shall be considered officers of the circuit court, and

shall be subject to the same control as is provided by Section

14-5 of this Act with respect to judges of election.

In any election called for the submission of the revision

or alteration of, or the amendments to the Constitution,

submitted by a Constitutional Convention, the final day for

registration at the office of the election authority charged

with the printing of the ballot of this election shall be the

15th day prior to the date of election.

The Board of Election Commissioners shall appoint one or

more registration teams, consisting of 2 of its employees for

each team, for the purpose of accepting the registration of any

voter who files an affidavit, within the period for taking

registrations provided for in this Article, that he is

physically unable to appear at the office of the Board or at

any appointed place of registration. On the day or days when a

precinct registration is being conducted such teams shall

consist of one member from each of the 2 leading political

parties who are serving on the Precinct Registration Board.

Each team so designated shall visit each person with a

disability disabled person and shall accept the registration of

such person the same as if he had applied for registration in

person.

Any otherwise qualified person who is absent from his

county of residence due to business of the United States, or

who is temporarily residing outside the territorial limits of

the United States, may make application to become registered by

mail to the Board of Election Commissioners within the periods

for registration provided for in this Article or by

simultaneous application for registration by mail and vote by

mail ballot as provided in Article 20 of this Code.

Upon receipt of such application the Board of Election

Commissioners shall immediately mail an affidavit of

registration in duplicate, which affidavit shall contain the

following and such other information as the State Board of

Elections may think it proper to require for the identification

of the applicant:

Name. The name of the applicant, giving surname and first

or Christian name in full, and the middle name or the initial

for such middle name, if any.

Sex.

Residence. The name and number of the street, avenue or

other location of the dwelling, and such additional clear and

definite description as may be necessary to determine the exact

location of the dwelling of the applicant. Where the location

cannot be determined by street and number, then the section,

congressional township and range number may be used, or such

other information as may be necessary, including post office

mailing address.

Electronic mail address, if the registrant has provided

this information.

Term of residence in the State of Illinois and the

precinct.

Nativity. The state or country in which the applicant was

born.

Citizenship. Whether the applicant is native born or

naturalized. If naturalized, the court, place and date of

naturalization.

Age. Date of birth, by month, day and year.

Out of State address of ..................

AFFIDAVIT OF REGISTRATION

State of .........)

) ss.

County of ........)

I hereby swear (or affirm) that I am a citizen of the

United States; that on the day of the next election I shall

have resided in the State of Illinois and in the election

precinct 30 days; that I am fully qualified to vote, that I am

not registered to vote anywhere else in the United States, that

I intend to remain a resident of the State of Illinois, and of

the election precinct, that I intend to return to the State of

Illinois, and that the above statements are true.

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

(His or her signature or mark)

Subscribed and sworn to before me, an officer qualified to

administer oaths, on (insert date).

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

Signature of officer administering oath.

Upon receipt of the executed duplicate affidavit of

Registration, the Board of Election Commissioners shall

transfer the information contained thereon to duplicate

Registration Cards provided for in Section 6-35 of this Article

and shall attach thereto a copy of each of the duplicate

affidavit of registration and thereafter such registration

card and affidavit shall constitute the registration of such

person the same as if he had applied for registration in

person.

(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15.)

(10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)

Sec. 6-35.01. If an applicant for registration reports a

permanent physical disability which would require assistance

in voting, the board of election commissioners shall mark all

his registration cards in the right margin on the front of the

card with a band of ink running the full margin which shall be

of contrast to, and easily distinguishable from, the color of

the card. If an applicant for registration declares upon

properly witnessed oath, with his signature or mark affixed,

that he cannot read the English language and that he will

require assistance in voting, all his registration cards shall

be marked in a manner similar to the marking on the cards of a

voter who requires assistance because of physical disability,

except that the marking shall be of a different distinguishing

color. Following each election the cards of any voter who has

requested assistance as a voter with a disability disabled

voter, and has stated that the disability is permanent, or who

has received assistance because of inability to read the

English language, shall be marked in the same manner.

(Source: Laws 1967, p. 3524.)

(10 ILCS 5/6-35.02) (from Ch. 46, par. 6-35.02)

Sec. 6-35.02. Upon the issuance of a disabled voter's

identification card for persons with disabilities as provided

in Section 19-12.1, the board of election commissioners shall

cause the identification number of such card to be clearly

noted on all the registration cards of such voter.

(Source: P.A. 78-320.)

(10 ILCS 5/6-50) (from Ch. 46, par. 6-50)

Sec. 6-50. The office of the board of election

commissioners shall be open during ordinary business hours of

each week day, from 9 a.m. to 12 o'clock noon on the last four

Saturdays immediately preceding the end of the period of

registration preceding each election, and such other days and

such other times as the board may direct. There shall be no

registration at the office of the board of election

commissioners in cities, villages and incorporated towns of

fewer than 200,000 inhabitants during the 27 days preceding any

primary, regular or special election at which the cards

provided for in this article are used, or until the second day

following such primary, regular or special election. In cities,

villages and incorporated towns of 200,000 or more inhabitants,

there shall be no registration of voters at the office of the

board of election commissioners during the 35 days immediately

preceding any election; provided, however, where no precinct

registration is being conducted prior to any election then

registration may be taken in the office of the board up to and

including the 28th day prior to such election. In any election

called for the submission of the revision or alteration of, or

the amendments to the Constitution, submitted by a

Constitutional Convention, the final day for registration at

the office of the election authority charged with the printing

of the ballot of this election shall be the 15th day prior to

the date of election.

The Board of Election Commissioners shall appoint one or

more registration teams, each consisting of one member from

each of the 2 leading political parties, for the purpose of

accepting the registration of any voter who files an affidavit,

within the period for taking registrations provided for in this

Article, that he is physically unable to appear at the office

of the Board or at any appointed place of registration. On the

day or days when a precinct registration is being conducted

such teams shall consist of one member from each of the 2

leading political parties who are serving on the precinct

registration board. Each team so designated shall visit each

person with a disability disabled person and shall accept the

registration of such person the same as if he had applied for

registration in person.

The office of the board of election commissioners may be

designated as a place of registration under Section 6-51 of

this Article and, if so designated, may also be open for

purposes of registration on such day or days as may be

specified by the board of election commissioners under the

provisions of that Section.

(Source: P.A. 92-816, eff. 8-21-02.)

(10 ILCS 5/7-15) (from Ch. 46, par. 7-15)

(Text of Section before amendment by P.A. 98-1171)

Sec. 7-15. At least 60 days prior to each general and

consolidated primary, the election authority shall provide

public notice, calculated to reach elderly voters and voters

with disabilities and handicapped voters, of the availability

of registration and voting aids under the Federal Voting

Accessibility for the Elderly and Handicapped Act, of the

availability of assistance in marking the ballot, procedures

for voting by absentee ballot, and procedures for early voting

by personal appearance. At least 20 days before the general

primary the county clerk of each county, and not more than 30

nor less than 10 days before the consolidated primary the

election authority, shall prepare in the manner provided in

this Act, a notice of such primary which notice shall state the

time and place of holding the primary, the hours during which

the polls will be open, the offices for which candidates will

be nominated at such primary and the political parties entitled

to participate therein, notwithstanding that no candidate of

any such political party may be entitled to have his name

printed on the primary ballot. Such notice shall also include

the list of addresses of precinct polling places for the

consolidated primary unless such list is separately published

by the election authority not less than 10 days before the

consolidated primary.

In counties, municipalities, or towns having fewer than

500,000 inhabitants notice of the general primary shall be

published once in two or more newspapers published in the

county, municipality or town, as the case may be, or if there

is no such newspaper, then in any two or more newspapers

published in the county and having a general circulation

throughout the community.

In counties, municipalities, or towns having 500,000 or

more inhabitants notice of the general primary shall be

published at least 15 days prior to the primary by the same

authorities and in the same manner as notice of election for

general elections are required to be published in counties,

municipalities or towns of 500,000 or more inhabitants under

this Act.

Notice of the consolidated primary shall be published once

in one or more newspapers published in each political

subdivision having such primary, and if there is no such

newspaper, then published once in a local, community newspaper

having general circulation in the subdivision, and also once in

a newspaper published in the county wherein the political

subdivisions, or portions thereof, having such primary are

situated.

(Source: P.A. 94-645, eff. 8-22-05.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 7-15. At least 60 days prior to each general and

consolidated primary, the election authority shall provide

public notice, calculated to reach elderly voters and voters

with disabilities and handicapped voters, of the availability

of registration and voting aids under the Federal Voting

Accessibility for the Elderly and Handicapped Act, of the

availability of assistance in marking the ballot, procedures

for voting by a vote by mail ballot, and procedures for early

voting by personal appearance. At least 20 days before the

general primary the county clerk of each county, and not more

than 30 nor less than 10 days before the consolidated primary

the election authority, shall prepare in the manner provided in

this Act, a notice of such primary which notice shall state the

time and place of holding the primary, the hours during which

the polls will be open, the offices for which candidates will

be nominated at such primary and the political parties entitled

to participate therein, notwithstanding that no candidate of

any such political party may be entitled to have his name

printed on the primary ballot. Such notice shall also include

the list of addresses of precinct polling places for the

consolidated primary unless such list is separately published

by the election authority not less than 10 days before the

consolidated primary.

In counties, municipalities, or towns having fewer than

500,000 inhabitants notice of the general primary shall be

published once in two or more newspapers published in the

county, municipality or town, as the case may be, or if there

is no such newspaper, then in any two or more newspapers

published in the county and having a general circulation

throughout the community.

In counties, municipalities, or towns having 500,000 or

more inhabitants notice of the general primary shall be

published at least 15 days prior to the primary by the same

authorities and in the same manner as notice of election for

general elections are required to be published in counties,

municipalities or towns of 500,000 or more inhabitants under

this Act.

Notice of the consolidated primary shall be published once

in one or more newspapers published in each political

subdivision having such primary, and if there is no such

newspaper, then published once in a local, community newspaper

having general circulation in the subdivision, and also once in

a newspaper published in the county wherein the political

subdivisions, or portions thereof, having such primary are

situated.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)

(Text of Section before amendment by P.A. 98-1171)

Sec. 11-4.1. (a) In appointing polling places under this

Article, the county board or board of election commissioners

shall, insofar as they are convenient and available, use

schools and other public buildings as polling places.

(b) Upon request of the county board or board of election

commissioners, the proper agency of government (including

school districts and units of local government) shall make a

public building under its control available for use as a

polling place on an election day and for a reasonably necessary

time before and after election day, without charge. If the

county board or board of election commissioners chooses a

school to be a polling place, then the school district must

make the school available for use as a polling place. However,

for the day of the election, a school district is encouraged to

(i) close the school or (ii) hold a teachers institute on that

day with students not in attendance.

(c) A government agency which makes a public building under

its control available for use as a polling place shall (i)

ensure the portion of the building to be used as the polling

place is accessible to voters with disabilities handicapped and

elderly voters and (ii) allow the election authority to

administer the election as authorized under this Code.

(d) If a qualified elector's precinct polling place is a

school and the elector will be unable to enter that polling

place without violating Section 11-9.3 of the Criminal Code of

2012 because the elector is a child sex offender as defined in

Section 11-9.3 of the Criminal Code of 2012, that elector may

vote by absentee ballot in accordance with Article 19 of this

Code or may vote early in accordance with Article 19A of this

Code.

(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 11-4.1. (a) In appointing polling places under this

Article, the county board or board of election commissioners

shall, insofar as they are convenient and available, use

schools and other public buildings as polling places.

(b) Upon request of the county board or board of election

commissioners, the proper agency of government (including

school districts and units of local government) shall make a

public building under its control available for use as a

polling place on an election day and for a reasonably necessary

time before and after election day, without charge. If the

county board or board of election commissioners chooses a

school to be a polling place, then the school district must

make the school available for use as a polling place. However,

for the day of the election, a school district is encouraged to

(i) close the school or (ii) hold a teachers institute on that

day with students not in attendance.

(c) A government agency which makes a public building under

its control available for use as a polling place shall (i)

ensure the portion of the building to be used as the polling

place is accessible to voters with disabilities handicapped and

elderly voters and (ii) allow the election authority to

administer the election as authorized under this Code.

(d) If a qualified elector's precinct polling place is a

school and the elector will be unable to enter that polling

place without violating Section 11-9.3 of the Criminal Code of

2012 because the elector is a child sex offender as defined in

Section 11-9.3 of the Criminal Code of 2012, that elector may

vote by a vote by mail ballot in accordance with Article 19 of

this Code or may vote early in accordance with Article 19A of

this Code.

(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14;

98-1171, eff. 6-1-15.)

(10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)

Sec. 11-4.2. (a) Except as otherwise provided in subsection

(b) all polling places shall be accessible to voters with

disabilities handicapped and elderly voters, as determined by

rule of the State Board of Elections.

(b) Subsection (a) of this Section shall not apply to a

polling place (1) in the case of an emergency, as determined by

the State Board of Elections; or (2) if the State Board of

Elections (A) determines that all potential polling places have

been surveyed and no such accessible place is available, nor is

the election authority able to make one accessible; and (B)

assures that any voter with a disability handicapped or elderly

voter assigned to an inaccessible polling place, upon advance

request of such voter (pursuant to procedures established by

rule of the State Board of Elections) will be provided with an

alternative means for casting a ballot on the day of the

election or will be assigned to an accessible polling place.

(c) No later than December 31 of each even numbered year,

the State Board of Elections shall report to the Federal

Election Commission the number of accessible and inaccessible

polling places in the State on the date of the next preceding

general election, and the reasons for any instance of

inaccessibility.

(Source: P.A. 84-808.)

(10 ILCS 5/11-4.3) (from Ch. 46, par. 11-4.3)

Sec. 11-4.3. All polling places and permanent registration

facilities shall have available registration and voting aids

for persons with disabilities handicapped and elderly

individuals including instructions, printed in large type,

conspicuously displayed.

(Source: P.A. 84-808.)

(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)

(Text of Section before amendment by P.A. 98-1171)

Sec. 12-1. At least 60 days prior to each general and

consolidated election, the election authority shall provide

public notice, calculated to reach elderly voters and voters

with disabilities and handicapped voters, of the availability

of registration and voting aids under the Federal Voting

Accessibility for the Elderly and Handicapped Act, of the

availability of assistance in marking the ballot, procedures

for voting by absentee ballot, and procedures for voting early

by personal appearance.

At least 30 days before any general election, and at least

20 days before any special congressional election, the county

clerk shall publish a notice of the election in 2 or more

newspapers published in the county, city, village,

incorporated town or town, as the case may be, or if there is

no such newspaper, then in any 2 or more newspapers published

in the county and having a general circulation throughout the

community. The notice may be substantially as follows:

Notice is hereby given that on (give date), at (give the

place of holding the election and the name of the precinct or

district) in the county of (name county), an election will be

held for (give the title of the several offices to be filled),

which election will be open at 6:00 a.m. and continued open

until 7:00 p.m. of that day.

Dated at .... on (insert date).

(Source: P.A. 94-645, eff. 8-22-05.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 12-1. At least 60 days prior to each general and

consolidated election, the election authority shall provide

public notice, calculated to reach elderly voters and voters

with disabilities and handicapped voters, of the availability

of registration and voting aids under the Federal Voting

Accessibility for the Elderly and Handicapped Act, of the

availability of assistance in marking the ballot, procedures

for voting by vote by mail ballot, and procedures for voting

early by personal appearance.

At least 30 days before any general election, and at least

20 days before any special congressional election, the county

clerk shall publish a notice of the election in 2 or more

newspapers published in the county, city, village,

incorporated town or town, as the case may be, or if there is

no such newspaper, then in any 2 or more newspapers published

in the county and having a general circulation throughout the

community. The notice may be substantially as follows:

Notice is hereby given that on (give date), at (give the

place of holding the election and the name of the precinct or

district) in the county of (name county), an election will be

held for (give the title of the several offices to be filled),

which election will be open at 6:00 a.m. and continued open

until 7:00 p.m. of that day.

Dated at .... on (insert date).

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)

Sec. 17-13. (a) In the case of an emergency, as determined

by the State Board of Elections, or if the Board determines

that all potential polling places have been surveyed by the

election authority and that no accessible polling place, as

defined by rule of the State Board of Elections, is available

within a precinct nor is the election authority able to make a

polling place within the precinct temporarily accessible, the

Board, upon written application by the election authority, is

authorized to grant an exemption from the accessibility

requirements of the Federal Voting Accessibility for the

Elderly and Handicapped Act (Public Law 98-435). Such exemption

shall be valid for a period of 2 years.

(b) Any voter with a temporary or permanent disability

temporarily or permanently physically disabled voter who,

because of structural features of the building in which the

polling place is located, is unable to access or enter the

polling place, may request that 2 judges of election of

opposite party affiliation deliver a ballot to him or her at

the point where he or she is unable to continue forward motion

toward the polling place; but, in no case, shall a ballot be

delivered to the voter beyond 50 feet of the entrance to the

building in which the polling place is located. Such request

shall be made to the election authority not later than the

close of business at the election authority's office on the day

before the election and on a form prescribed by the State Board

of Elections. The election authority shall notify the judges of

election for the appropriate precinct polling places of such

requests.

Weather permitting, 2 judges of election shall deliver to

the voter with a disability disabled voter the ballot which he

or she is entitled to vote, a portable voting booth or other

enclosure that will allow such voter to mark his or her ballot

in secrecy, and a marking device.

(c) The voter must complete the entire voting process,

including the application for ballot from which the judges of

election shall compare the voter's signature with the signature

on his or her registration record card in the precinct binder.

After the voter has marked his or her ballot and placed it

in the ballot envelope (or folded it in the manner prescribed

for paper ballots), the 2 judges of election shall return the

ballot to the polling place and give it to the judge in charge

of the ballot box who shall deposit it therein.

Pollwatchers as provided in Sections 7-34 and 17-23 of this

Code shall be permitted to accompany the judges and observe the

above procedure.

No assistance may be given to such voter in marking his or

her ballot, unless the voter requests assistance and completes

the affidavit required by Section 17-14 of this Code.

(Source: P.A. 84-808.)

(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)

Sec. 17-14. Any voter who declares upon oath, properly

witnessed and with his or her signature or mark affixed, that

he or she requires assistance to vote by reason of blindness,

physical disability or inability to read, write or speak the

English language shall, upon request, be assisted in marking

his or her ballot, by 2 judges of election of different

political parties, to be selected by all judges of election of

each precinct at the opening of the polls or by a person of the

voter's choice, other than the voter's employer or agent of

that employer or officer or agent of the voter's union. A voter

who presents an Illinois Person with a Disability

Identification Card, issued to that person under the provisions

of the Illinois Identification Card Act, indicating that such

voter has a Class 1A or Class 2 disability under the provisions

of Section 4A of the Illinois Identification Card Act, or a

voter who declares upon oath, properly witnessed, that by

reason of any physical disability he is unable to mark his

ballot shall, upon request, be assisted in marking his ballot

by 2 of the election officers of different parties as provided

above in this Section or by a person of the voter's choice

other than the voter's employer or agent of that employer or

officer or agent of the voter's union. Such voter shall state

specifically the reason why he cannot vote without assistance

and, in the case of a voter with a physical disability

physically disabled voter, what his physical disability is.

Prior to entering the voting booth, the person providing the

assistance, if other than 2 judges of election, shall be

presented with written instructions on how assistance shall be

provided. This instruction shall be prescribed by the State

Board of Elections and shall include the penalties for

attempting to influence the voter's choice of candidates,

party, or votes in relation to any question on the ballot and

for not marking the ballot as directed by the voter.

Additionally, the person providing the assistance shall sign an

oath, swearing not to influence the voter's choice of

candidates, party, or votes in relation to any question on the

ballot and to cast the ballot as directed by the voter. The

oath shall be prescribed by the State Board of Elections and

shall include the penalty for violating this Section. In the

voting booth, such person shall mark the ballot as directed by

the voter, and shall thereafter give no information regarding

the same. The judges of election shall enter upon the poll

lists or official poll record after the name of any elector who

received such assistance in marking his ballot a memorandum of

the fact and if the disability is permanent. Intoxication shall

not be regarded as a physical disability, and no intoxicated

person shall be entitled to assistance in marking his ballot.

No person shall secure or attempt to secure assistance in

voting who is not blind, a person with a physical disability,

physically disabled or illiterate as herein provided, nor shall

any person knowingly assist a voter in voting contrary to the

provisions of this Section.

(Source: P.A. 97-1064, eff. 1-1-13.)

(10 ILCS 5/17-17) (from Ch. 46, par. 17-17)

Sec. 17-17. After the opening of the polls no adjournment

shall be had nor shall any recess be taken, until all the votes

cast at such election have been counted and the result publicly

announced, except that when necessary one judge at a time may

leave the polling place for a reasonable time during the

casting of ballots, and except that when a polling place is

inaccessible to a voter with a disability disabled voter, one

team of 2 judges of opposite party affiliation may leave the

polling place to deliver a ballot to such voter, as provided in

Sections 7-47.1 and 17-13 of this Code. When a judge leaves and

returns, such judge shall sign a time sheet indicating the

length of the period such judge is absent from his duties. When

absent, the judge shall authorize someone of the same political

party as himself to act for him until he returns.

Where voting machines or electronic voting systems are

used, the provisions of this section may be modified as

required or authorized by Article 24 or Article 24A, whichever

is applicable.

(Source: P.A. 91-357, eff. 7-29-99.)

(10 ILCS 5/18-5.1) (from Ch. 46, par. 18-5.1)

Sec. 18-5.1. The provisions of Section 17-13, insofar as

they may be made applicable to voters with disabilities

disabled voters in elections under the jurisdiction of boards

of election commissioners, shall be applicable herein.

(Source: P.A. 84-808.)

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

(Text of Section before amendment by P.A. 98-1171)

Sec. 19-5. It shall be the duty of the election authority

to fold the ballot or ballots in the manner specified by the

statute for folding ballots prior to their deposit in the

ballot box, and to enclose such ballot or ballots in an

envelope unsealed to be furnished by him, which envelope shall

bear upon the face thereof the name, official title and post

office address of the election authority, and upon the other

side a printed certification in substantially the following

form:

I state that I am a resident of the .... precinct of the

(1) *township of .... (2) *City of .... or (3) *.... ward in

the city of .... residing at .... in such city or town in the

county of .... and State of Illinois, that I have lived at such

address for .... months last past; and that I am lawfully

entitled to vote in such precinct at the .... election to be

held on .....

*fill in either (1), (2) or (3).

I further state that I personally marked the enclosed

ballot in secret.

Under penalties of perjury as provided by law pursuant to

Section 29-10 of The Election Code, the undersigned certifies

that the statements set forth in this certification are true

and correct.

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

If the ballot is to go to an elector who is physically

incapacitated and needs assistance marking the ballot, the

envelope shall bear upon the back thereof a certification in

substantially the following form:

I state that I am a resident of the .... precinct of the

(1) *township of .... (2) *City of .... or (3) *.... ward in

the city of .... residing at .... in such city or town in the

county of .... and State of Illinois, that I have lived at such

address for .... months last past; that I am lawfully entitled

to vote in such precinct at the .... election to be held on

....; that I am physically incapable of personally marking the

ballot for such election.

*fill in either (1), (2) or (3).

I further state that I marked the enclosed ballot in secret

with the assistance of

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

(Individual rendering assistance)

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

(Residence Address)

Under penalties of perjury as provided by law pursuant to

Section 29-10 of The Election Code, the undersigned certifies

that the statements set forth in this certification are true

and correct.

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

In the case of a voter with a physical incapacity, marking

a ballot in secret includes marking a ballot with the

assistance of another individual, other than a candidate whose

name appears on the ballot (unless the voter is the spouse or a

parent, child, brother, or sister of the candidate), the

voter's employer, an agent of that employer, or an officer or

agent of the voter's union, when the voter's physical

incapacity necessitates such assistance.

In the case of a physically incapacitated voter, marking a

ballot in secret includes marking a ballot with the assistance

of another individual, other than a candidate whose name

appears on the ballot (unless the voter is the spouse or a

parent, child, brother, or sister of the candidate), the

voter's employer, an agent of that employer, or an officer or

agent of the voter's union, when the voter's physical

incapacity necessitates such assistance.

Provided, that if the ballot enclosed is to be voted at a

primary election, the certification shall designate the name of

the political party with which the voter is affiliated.

In addition to the above, the election authority shall

provide printed slips giving full instructions regarding the

manner of marking and returning the ballot in order that the

same may be counted, and shall furnish one of such printed

slips to each of such applicants at the same time the ballot is

delivered to him. Such instructions shall include the following

statement: "In signing the certification on the absentee ballot

envelope, you are attesting that you personally marked this

absentee ballot in secret. If you are physically unable to mark

the ballot, a friend or relative may assist you after

completing the enclosed affidavit. Federal and State laws

prohibit a candidate whose name appears on the ballot (unless

you are the spouse or a parent, child, brother, or sister of

the candidate), your employer, your employer's agent or an

officer or agent of your union from assisting voters with

physical disabilities physically disabled voters."

In addition to the above, if a ballot to be provided to an

elector pursuant to this Section contains a public question

described in subsection (b) of Section 28-6 and the territory

concerning which the question is to be submitted is not

described on the ballot due to the space limitations of such

ballot, the election authority shall provide a printed copy of

a notice of the public question, which shall include a

description of the territory in the manner required by Section

16-7. The notice shall be furnished to the elector at the same

time the ballot is delivered to the elector.

(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 19-5. It shall be the duty of the election authority

to fold the ballot or ballots in the manner specified by the

statute for folding ballots prior to their deposit in the

ballot box, and to enclose such ballot or ballots in an

envelope unsealed to be furnished by him, which envelope shall

bear upon the face thereof the name, official title and post

office address of the election authority, and upon the other

side a printed certification in substantially the following

form:

I state that I am a resident of the .... precinct of the

(1) *township of .... (2) *City of .... or (3) *.... ward in

the city of .... residing at .... in such city or town in the

county of .... and State of Illinois, that I have lived at such

address for .... months last past; and that I am lawfully

entitled to vote in such precinct at the .... election to be

held on .....

*fill in either (1), (2) or (3).

I further state that I personally marked the enclosed

ballot in secret.

Under penalties of perjury as provided by law pursuant to

Section 29-10 of The Election Code, the undersigned certifies

that the statements set forth in this certification are true

and correct.

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

If the ballot is to go to an elector who is physically

incapacitated and needs assistance marking the ballot, the

envelope shall bear upon the back thereof a certification in

substantially the following form:

I state that I am a resident of the .... precinct of the

(1) *township of .... (2) *City of .... or (3) *.... ward in

the city of .... residing at .... in such city or town in the

county of .... and State of Illinois, that I have lived at such

address for .... months last past; that I am lawfully entitled

to vote in such precinct at the .... election to be held on

....; that I am physically incapable of personally marking the

ballot for such election.

*fill in either (1), (2) or (3).

I further state that I marked the enclosed ballot in secret

with the assistance of

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

(Individual rendering assistance)

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

(Residence Address)

Under penalties of perjury as provided by law pursuant to

Section 29-10 of The Election Code, the undersigned certifies

that the statements set forth in this certification are true

and correct.

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

In the case of a voter with a physical incapacity, marking

a ballot in secret includes marking a ballot with the

assistance of another individual, other than a candidate whose

name appears on the ballot (unless the voter is the spouse or a

parent, child, brother, or sister of the candidate), the

voter's employer, an agent of that employer, or an officer or

agent of the voter's union, when the voter's physical

incapacity necessitates such assistance.

In the case of a physically incapacitated voter, marking a

ballot in secret includes marking a ballot with the assistance

of another individual, other than a candidate whose name

appears on the ballot (unless the voter is the spouse or a

parent, child, brother, or sister of the candidate), the

voter's employer, an agent of that employer, or an officer or

agent of the voter's union, when the voter's physical

incapacity necessitates such assistance.

Provided, that if the ballot enclosed is to be voted at a

primary election, the certification shall designate the name of

the political party with which the voter is affiliated.

In addition to the above, the election authority shall

provide printed slips giving full instructions regarding the

manner of marking and returning the ballot in order that the

same may be counted, and shall furnish one of such printed

slips to each of such applicants at the same time the ballot is

delivered to him. Such instructions shall include the following

statement: "In signing the certification on the vote by mail

ballot envelope, you are attesting that you personally marked

this vote by mail ballot in secret. If you are physically

unable to mark the ballot, a friend or relative may assist you

after completing the enclosed affidavit. Federal and State laws

prohibit a candidate whose name appears on the ballot (unless

you are the spouse or a parent, child, brother, or sister of

the candidate), your employer, your employer's agent or an

officer or agent of your union from assisting voters with

physical disabilities physically disabled voters."

In addition to the above, if a ballot to be provided to an

elector pursuant to this Section contains a public question

described in subsection (b) of Section 28-6 and the territory

concerning which the question is to be submitted is not

described on the ballot due to the space limitations of such

ballot, the election authority shall provide a printed copy of

a notice of the public question, which shall include a

description of the territory in the manner required by Section

16-7. The notice shall be furnished to the elector at the same

time the ballot is delivered to the elector.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)

(Text of Section before amendment by P.A. 98-1171)

Sec. 19-12.1. Any qualified elector who has secured an

Illinois Person with a Disability Identification Card in

accordance with the Illinois Identification Card Act,

indicating that the person named thereon has a Class 1A or

Class 2 disability or any qualified voter who has a permanent

physical incapacity of such a nature as to make it improbable

that he will be able to be present at the polls at any future

election, or any voter who is a resident of (i) a federally

operated veterans' home, hospital, or facility located in

Illinois or (ii) a facility licensed or certified pursuant to

the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, or the ID/DD Community Care Act and

has a condition or disability of such a nature as to make it

improbable that he will be able to be present at the polls at

any future election, may secure a voter's identification card

for persons with disabilities or a disabled voter's or nursing

home resident's identification card, which will enable him to

vote under this Article as a physically incapacitated or

nursing home voter. For the purposes of this Section,

"federally operated veterans' home, hospital, or facility"

means the long-term care facilities at the Jesse Brown VA

Medical Center, Illiana Health Care System, Edward Hines, Jr.

VA Hospital, Marion VA Medical Center, and Captain James A.

Lovell Federal Health Care Center.

Application for a voter's identification card for persons

with disabilities or a disabled voter's or nursing home

resident's identification card shall be made either: (a) in

writing, with voter's sworn affidavit, to the county clerk or

board of election commissioners, as the case may be, and shall

be accompanied by the affidavit of the attending physician

specifically describing the nature of the physical incapacity

or the fact that the voter is a nursing home resident and is

physically unable to be present at the polls on election days;

or (b) by presenting, in writing or otherwise, to the county

clerk or board of election commissioners, as the case may be,

proof that the applicant has secured an Illinois Person with a

Disability Identification Card indicating that the person

named thereon has a Class 1A or Class 2 disability. Upon the

receipt of either the sworn-to application and the physician's

affidavit or proof that the applicant has secured an Illinois

Person with a Disability Identification Card indicating that

the person named thereon has a Class 1A or Class 2 disability,

the county clerk or board of election commissioners shall issue

a voter's identification card for persons with disabilities or

a disabled voter's or nursing home resident's identification

card. Such identification cards shall be issued for a period of

5 years, upon the expiration of which time the voter may secure

a new card by making application in the same manner as is

prescribed for the issuance of an original card, accompanied by

a new affidavit of the attending physician. The date of

expiration of such five-year period shall be made known to any

interested person by the election authority upon the request of

such person. Applications for the renewal of the identification

cards shall be mailed to the voters holding such cards not less

than 3 months prior to the date of expiration of the cards.

Each voter's identification card for persons with

disabilities disabled voter's or nursing home resident's

identification card shall bear an identification number, which

shall be clearly noted on the voter's original and duplicate

registration record cards. In the event the holder becomes

physically capable of resuming normal voting, he must surrender

his voter's identification card for persons with disabilities

disabled voter's or nursing home resident's identification

card to the county clerk or board of election commissioners

before the next election.

The holder of a voter's identification card for persons

with disabilities or a disabled voter's or nursing home

resident's identification card may make application by mail for

an official ballot within the time prescribed by Section 19-2.

Such application shall contain the same information as is

included in the form of application for ballot by a physically

incapacitated elector prescribed in Section 19-3 except that it

shall also include the applicant's voter's identification card

for persons with disabilities disabled voter's identification

card number and except that it need not be sworn to. If an

examination of the records discloses that the applicant is

lawfully entitled to vote, he shall be mailed a ballot as

provided in Section 19-4. The ballot envelope shall be the same

as that prescribed in Section 19-5 for voters with physical

disabilities physically disabled voters, and the manner of

voting and returning the ballot shall be the same as that

provided in this Article for other absentee ballots, except

that a statement to be subscribed to by the voter but which

need not be sworn to shall be placed on the ballot envelope in

lieu of the affidavit prescribed by Section 19-5.

Any person who knowingly subscribes to a false statement in

connection with voting under this Section shall be guilty of a

Class A misdemeanor.

For the purposes of this Section, "nursing home resident"

includes a resident of (i) a federally operated veterans' home,

hospital, or facility located in Illinois or (ii) a facility

licensed under the ID/DD Community Care Act or the Specialized

Mental Health Rehabilitation Act of 2013. For the purposes of

this Section, "federally operated veterans' home, hospital, or

facility" means the long-term care facilities at the Jesse

Brown VA Medical Center, Illiana Health Care System, Edward

Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain

James A. Lovell Federal Health Care Center.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,

eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;

98-104, eff. 7-22-13.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 19-12.1. Any qualified elector who has secured an

Illinois Person with a Disability Identification Card in

accordance with the Illinois Identification Card Act,

indicating that the person named thereon has a Class 1A or

Class 2 disability or any qualified voter who has a permanent

physical incapacity of such a nature as to make it improbable

that he will be able to be present at the polls at any future

election, or any voter who is a resident of (i) a federally

operated veterans' home, hospital, or facility located in

Illinois or (ii) a facility licensed or certified pursuant to

the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, or the ID/DD Community Care Act and

has a condition or disability of such a nature as to make it

improbable that he will be able to be present at the polls at

any future election, may secure a voter's identification card

for persons with disabilities or a disabled voter's or nursing

home resident's identification card, which will enable him to

vote under this Article as a physically incapacitated or

nursing home voter. For the purposes of this Section,

"federally operated veterans' home, hospital, or facility"

means the long-term care facilities at the Jesse Brown VA

Medical Center, Illiana Health Care System, Edward Hines, Jr.

VA Hospital, Marion VA Medical Center, and Captain James A.

Lovell Federal Health Care Center.

Application for a voter's identification card for persons

with disabilities or a disabled voter's or nursing home

resident's identification card shall be made either: (a) in

writing, with voter's sworn affidavit, to the county clerk or

board of election commissioners, as the case may be, and shall

be accompanied by the affidavit of the attending physician

specifically describing the nature of the physical incapacity

or the fact that the voter is a nursing home resident and is

physically unable to be present at the polls on election days;

or (b) by presenting, in writing or otherwise, to the county

clerk or board of election commissioners, as the case may be,

proof that the applicant has secured an Illinois Person with a

Disability Identification Card indicating that the person

named thereon has a Class 1A or Class 2 disability. Upon the

receipt of either the sworn-to application and the physician's

affidavit or proof that the applicant has secured an Illinois

Person with a Disability Identification Card indicating that

the person named thereon has a Class 1A or Class 2 disability,

the county clerk or board of election commissioners shall issue

a voter's identification card for persons with disabilities or

a disabled voter's or nursing home resident's identification

card. Such identification cards shall be issued for a period of

5 years, upon the expiration of which time the voter may secure

a new card by making application in the same manner as is

prescribed for the issuance of an original card, accompanied by

a new affidavit of the attending physician. The date of

expiration of such five-year period shall be made known to any

interested person by the election authority upon the request of

such person. Applications for the renewal of the identification

cards shall be mailed to the voters holding such cards not less

than 3 months prior to the date of expiration of the cards.

Each voter's identification card for persons with

disabilities disabled voter's or nursing home resident's

identification card shall bear an identification number, which

shall be clearly noted on the voter's original and duplicate

registration record cards. In the event the holder becomes

physically capable of resuming normal voting, he must surrender

his voter's identification card for persons with disabilities

disabled voter's or nursing home resident's identification

card to the county clerk or board of election commissioners

before the next election.

The holder of a voter's identification card for persons

with disabilities or a disabled voter's or nursing home

resident's identification card may make application by mail for

an official ballot within the time prescribed by Section 19-2.

Such application shall contain the same information as is

included in the form of application for ballot by a physically

incapacitated elector prescribed in Section 19-3 except that it

shall also include the applicant's voter's identification card

for persons with disabilities disabled voter's identification

card number and except that it need not be sworn to. If an

examination of the records discloses that the applicant is

lawfully entitled to vote, he shall be mailed a ballot as

provided in Section 19-4. The ballot envelope shall be the same

as that prescribed in Section 19-5 for voters with physical

disabilities physically disabled voters, and the manner of

voting and returning the ballot shall be the same as that

provided in this Article for other vote by mail ballots, except

that a statement to be subscribed to by the voter but which

need not be sworn to shall be placed on the ballot envelope in

lieu of the affidavit prescribed by Section 19-5.

Any person who knowingly subscribes to a false statement in

connection with voting under this Section shall be guilty of a

Class A misdemeanor.

For the purposes of this Section, "nursing home resident"

includes a resident of (i) a federally operated veterans' home,

hospital, or facility located in Illinois or (ii) a facility

licensed under the ID/DD Community Care Act or the Specialized

Mental Health Rehabilitation Act of 2013. For the purposes of

this Section, "federally operated veterans' home, hospital, or

facility" means the long-term care facilities at the Jesse

Brown VA Medical Center, Illiana Health Care System, Edward

Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain

James A. Lovell Federal Health Care Center.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,

eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;

98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)

(10 ILCS 5/19A-21)

Sec. 19A-21. Use of local public buildings for early voting

polling places. Upon request by an election authority, a unit

of local government (as defined in Section 1 of Article VII of

the Illinois Constitution, which does not include school

districts) shall make the unit's public buildings within the

election authority's jurisdiction available as permanent or

temporary early voting polling places without charge.

Availability of a building shall include reasonably necessary

time before and after the period early voting is conducted at

that building.

A unit of local government making its public building

available as a permanent or temporary early voting polling

place shall ensure that any portion of the building made

available is accessible to voters with disabilities

handicapped and elderly voters.

(Source: P.A. 94-1000, eff. 7-3-06.)

(10 ILCS 5/19A-40)

Sec. 19A-40. Enclosure of ballots in envelope. It is the

duty of the election judge or official to fold the ballot or

ballots in the manner specified by the statute for folding

ballots prior to their deposit in the ballot box, and to

enclose the ballot or ballots in an envelope unsealed to be

furnished by him or her, which envelope shall bear upon the

face thereof the name, official title, and post office address

of the election authority, and upon the other side a printed

certification in substantially the following form:

I state that I am a resident of the .... precinct of the

(1) *township of .... (2) *City of .... or (3) *.... ward in

the city of .... residing at .... in that city or town in the

county of .... and State of Illinois, that I have lived at that

address for .... months last past; that I am lawfully entitled

to vote in that precinct at the .... election to be held on

.... .

*fill in either (1), (2) or (3).

I further state that I personally marked the enclosed

ballot in secret.

Under penalties of perjury as provided by law pursuant to

Section 29-10 of the Election Code, the undersigned certifies

that the statements set forth in this certification are true

and correct.

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

If the ballot enclosed is to be voted at a primary

election, the certification shall designate the name of the

political party with which the voter is affiliated.

In addition to the above, the election authority shall

provide printed slips giving full instructions regarding the

manner of marking and returning the ballot in order that the

same may be counted, and shall furnish one of the printed slips

to each of such applicants at the same time the ballot is

delivered to him or her. The instructions shall include the

following statement: "In signing the certification on the early

ballot envelope, you are attesting that you personally marked

this early ballot in secret. If you are physically unable to

mark the ballot, a friend or relative may assist you. Federal

and State laws prohibit your employer, your employer's agent,

or an officer or agent of your union from assisting voters with

physical disabilities physically disabled voters."

In addition to the above, if a ballot to be provided to a

voter pursuant to this Section contains a public question

described in subsection (b) of Section 28-6 and the territory

concerning which the question is to be submitted is not

described on the ballot due to the space limitations of the

ballot, the election authority shall provide a printed copy of

a notice of the public question, which shall include a

description of the territory in the manner required by Section

16-7. The notice shall be furnished to the voter at the same

time the ballot is delivered to the voter.

(Source: P.A. 94-645, eff. 8-22-05.)

(10 ILCS 5/24-9) (from Ch. 46, par. 24-9)

Sec. 24-9. Assistance to illiterate voters and voters with

disabilities and disabled voters shall be given in accordance

with the provisions in Section 17-14 of this Act.

(Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/24C-11)

(Text of Section before amendment by P.A. 98-1171)

Sec. 24C-11. Functional requirements. A Direct Recording

Electronic Voting System shall, in addition to satisfying the

other requirements of this Article, fulfill the following

functional requirements:

(a) Provide a voter in a primary election with the means of

casting a ballot containing votes for any and all candidates of

the party or parties of his or her choice, and for any and all

non-partisan candidates and public questions and preclude the

voter from voting for any candidate of any other political

party except when legally permitted. In a general election, the

system shall provide the voter with means of selecting the

appropriate number of candidates for any office, and of voting

on any public question on the ballot to which he or she is

entitled to vote.

(b) If a voter is not entitled to vote for particular

candidates or public questions appearing on the ballot, the

system shall prevent the selection of the prohibited votes.

(c) Once the proper ballot has been selected, the system

devices shall provide a means of enabling the recording of

votes and the casting of said ballot.

(d) System voting devices shall provide voting choices that

are clear to the voter and labels indicating the names of every

candidate and the text of every public question on the voter's

ballot. Each label shall identify the selection button or

switch, or the active area of the ballot associated with it.

The system shall be able to incorporate minimal, easy-to-follow

on-screen instruction for the voter on how to cast a ballot.

(e) Voting devices shall (i) enable the voter to vote for

any and all candidates and public questions appearing on the

ballot for which the voter is lawfully entitled to vote, in any

legal number and combination; (ii) detect and reject all votes

for an office or upon a public question when the voter has cast

more votes for the office or upon the public question than the

voter is entitled to cast; (iii) notify the voter if the

voter's choices as recorded on the ballot for an office or

public question are fewer than or exceed the number that the

voter is entitled to vote for on that office or public question

and the effect of casting more or fewer votes than legally

permitted; (iv) notify the voter if the voter has failed to

completely cast a vote for an office or public question

appearing on the ballot; and (v) permit the voter, in a private

and independent manner, to verify the votes selected by the

voter, to change the ballot or to correct any error on the

ballot before the ballot is completely cast and counted. A

means shall be provided to indicate each selection after it has

been made or canceled.

(f) System voting devices shall provide a means for the

voter to signify that the selection of candidates and public

questions has been completed. Upon activation, the system shall

record an image of the completed ballot, increment the proper

ballot position registers, and shall signify to the voter that

the ballot has been cast. The system shall then prevent any

further attempt to vote until it has been reset or re-enabled

by a judge of election.

(g) Each system voting device shall be equipped with a

public counter that can be set to zero prior to the opening of

the polling place, and that records the number of ballots cast

at a particular election. The counter shall be incremented only

by the casting of a ballot. The counter shall be designed to

prevent disabling or resetting by other than authorized persons

after the polls close. The counter shall be visible to all

judges of election so long as the device is installed at the

polling place.

(h) Each system voting device shall be equipped with a

protective counter that records all of the testing and election

ballots cast since the unit was built. This counter shall be

designed so that its reading cannot be changed by any cause

other than the casting of a ballot. The protective counter

shall be incapable of ever being reset and it shall be visible

at all times when the device is configured for testing,

maintenance, or election use.

(i) All system devices shall provide a means of preventing

further voting once the polling place has closed and after all

eligible voters have voted. Such means of control shall

incorporate a visible indication of system status. Each device

shall prevent any unauthorized use, prevent tampering with

ballot labels and preclude its re-opening once the poll closing

has been completed for that election.

(j) The system shall produce a printed summary report of

the votes cast upon each voting device. Until the proper

sequence of events associated with closing the polling place

has been completed, the system shall not allow the printing of

a report or the extraction of data. The printed report shall

also contain all system audit information to be required by the

election authority. Data shall not be altered or otherwise

destroyed by report generation and the system shall ensure the

integrity and security of data for a period of at least 6

months after the polls close.

(k) If more than one voting device is used in a polling

place, the system shall provide a means to manually or

electronically consolidate the data from all such units into a

single report even if different voting systems are used to

record absentee ballots. The system shall also be capable of

merging the vote tabulation results produced by other vote

tabulation systems, if necessary.

(l) System functions shall be implemented such that

unauthorized access to them is prevented and the execution of

authorized functions in an improper sequence is precluded.

System functions shall be executable only in the intended

manner and order, and only under the intended conditions. If

the preconditions to a system function have not been met, the

function shall be precluded from executing by the system's

control logic.

(m) All system voting devices shall incorporate at least 3

memories in the machine itself and in its programmable memory

devices.

(n) The system shall include capabilities of recording and

reporting the date and time of normal and abnormal events and

of maintaining a permanent record of audit information that

cannot be turned off. Provisions shall be made to detect and

record significant events (e.g., casting a ballot, error

conditions that cannot be disposed of by the system itself,

time-dependent or programmed events that occur without the

intervention of the voter or a judge of election).

(o) The system and each system voting device must be

capable of creating, printing and maintaining a permanent paper

record and an electronic image of each ballot that is cast such

that records of individual ballots are maintained by a

subsystem independent and distinct from the main vote

detection, interpretation, processing and reporting path. The

electronic images of each ballot must protect the integrity of

the data and the anonymity of each voter, for example, by means

of storage location scrambling. The ballot image records may be

either machine-readable or manually transcribed, or both, at

the discretion of the election authority.

(p) The system shall include built-in test, measurement and

diagnostic software and hardware for detecting and reporting

the system's status and degree of operability.

(q) The system shall contain provisions for maintaining the

integrity of memory voting and audit data during an election

and for a period of at least 6 months thereafter and shall

provide the means for creating an audit trail.

(r) The system shall be fully accessible so as to permit

blind or visually impaired voters as well as voters with

physical disabilities physically disabled voters to exercise

their right to vote in private and without assistance.

(s) The system shall provide alternative language

accessibility if required pursuant to Section 203 of the Voting

Rights Act of 1965.

(t) Each voting device shall enable a voter to vote for a

person whose name does not appear on the ballot.

(u) The system shall record and count accurately each vote

properly cast for or against any candidate and for or against

any public question, including the names of all candidates

whose names are written in by the voters.

(v) The system shall allow for accepting provisional

ballots and for separating such provisional ballots from

precinct totals until authorized by the election authority.

(w) The system shall provide an effective audit trail as

defined in Section 24C-2 in this Code.

(x) The system shall be suitably designed for the purpose

used, be durably constructed, and be designed for safety,

accuracy and efficiency.

(y) The system shall comply with all provisions of federal,

State and local election laws and regulations and any future

modifications to those laws and regulations.

(Source: P.A. 95-699, eff. 11-9-07.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 24C-11. Functional requirements. A Direct Recording

Electronic Voting System shall, in addition to satisfying the

other requirements of this Article, fulfill the following

functional requirements:

(a) Provide a voter in a primary election with the means of

casting a ballot containing votes for any and all candidates of

the party or parties of his or her choice, and for any and all

non-partisan candidates and public questions and preclude the

voter from voting for any candidate of any other political

party except when legally permitted. In a general election, the

system shall provide the voter with means of selecting the

appropriate number of candidates for any office, and of voting

on any public question on the ballot to which he or she is

entitled to vote.

(b) If a voter is not entitled to vote for particular

candidates or public questions appearing on the ballot, the

system shall prevent the selection of the prohibited votes.

(c) Once the proper ballot has been selected, the system

devices shall provide a means of enabling the recording of

votes and the casting of said ballot.

(d) System voting devices shall provide voting choices that

are clear to the voter and labels indicating the names of every

candidate and the text of every public question on the voter's

ballot. Each label shall identify the selection button or

switch, or the active area of the ballot associated with it.

The system shall be able to incorporate minimal, easy-to-follow

on-screen instruction for the voter on how to cast a ballot.

(e) Voting devices shall (i) enable the voter to vote for

any and all candidates and public questions appearing on the

ballot for which the voter is lawfully entitled to vote, in any

legal number and combination; (ii) detect and reject all votes

for an office or upon a public question when the voter has cast

more votes for the office or upon the public question than the

voter is entitled to cast; (iii) notify the voter if the

voter's choices as recorded on the ballot for an office or

public question are fewer than or exceed the number that the

voter is entitled to vote for on that office or public question

and the effect of casting more or fewer votes than legally

permitted; (iv) notify the voter if the voter has failed to

completely cast a vote for an office or public question

appearing on the ballot; and (v) permit the voter, in a private

and independent manner, to verify the votes selected by the

voter, to change the ballot or to correct any error on the

ballot before the ballot is completely cast and counted. A

means shall be provided to indicate each selection after it has

been made or canceled.

(f) System voting devices shall provide a means for the

voter to signify that the selection of candidates and public

questions has been completed. Upon activation, the system shall

record an image of the completed ballot, increment the proper

ballot position registers, and shall signify to the voter that

the ballot has been cast. The system shall then prevent any

further attempt to vote until it has been reset or re-enabled

by a judge of election.

(g) Each system voting device shall be equipped with a

public counter that can be set to zero prior to the opening of

the polling place, and that records the number of ballots cast

at a particular election. The counter shall be incremented only

by the casting of a ballot. The counter shall be designed to

prevent disabling or resetting by other than authorized persons

after the polls close. The counter shall be visible to all

judges of election so long as the device is installed at the

polling place.

(h) Each system voting device shall be equipped with a

protective counter that records all of the testing and election

ballots cast since the unit was built. This counter shall be

designed so that its reading cannot be changed by any cause

other than the casting of a ballot. The protective counter

shall be incapable of ever being reset and it shall be visible

at all times when the device is configured for testing,

maintenance, or election use.

(i) All system devices shall provide a means of preventing

further voting once the polling place has closed and after all

eligible voters have voted. Such means of control shall

incorporate a visible indication of system status. Each device

shall prevent any unauthorized use, prevent tampering with

ballot labels and preclude its re-opening once the poll closing

has been completed for that election.

(j) The system shall produce a printed summary report of

the votes cast upon each voting device. Until the proper

sequence of events associated with closing the polling place

has been completed, the system shall not allow the printing of

a report or the extraction of data. The printed report shall

also contain all system audit information to be required by the

election authority. Data shall not be altered or otherwise

destroyed by report generation and the system shall ensure the

integrity and security of data for a period of at least 6

months after the polls close.

(k) If more than one voting device is used in a polling

place, the system shall provide a means to manually or

electronically consolidate the data from all such units into a

single report even if different voting systems are used to

record ballots. The system shall also be capable of merging the

vote tabulation results produced by other vote tabulation

systems, if necessary.

(l) System functions shall be implemented such that

unauthorized access to them is prevented and the execution of

authorized functions in an improper sequence is precluded.

System functions shall be executable only in the intended

manner and order, and only under the intended conditions. If

the preconditions to a system function have not been met, the

function shall be precluded from executing by the system's

control logic.

(m) All system voting devices shall incorporate at least 3

memories in the machine itself and in its programmable memory

devices.

(n) The system shall include capabilities of recording and

reporting the date and time of normal and abnormal events and

of maintaining a permanent record of audit information that

cannot be turned off. Provisions shall be made to detect and

record significant events (e.g., casting a ballot, error

conditions that cannot be disposed of by the system itself,

time-dependent or programmed events that occur without the

intervention of the voter or a judge of election).

(o) The system and each system voting device must be

capable of creating, printing and maintaining a permanent paper

record and an electronic image of each ballot that is cast such

that records of individual ballots are maintained by a

subsystem independent and distinct from the main vote

detection, interpretation, processing and reporting path. The

electronic images of each ballot must protect the integrity of

the data and the anonymity of each voter, for example, by means

of storage location scrambling. The ballot image records may be

either machine-readable or manually transcribed, or both, at

the discretion of the election authority.

(p) The system shall include built-in test, measurement and

diagnostic software and hardware for detecting and reporting

the system's status and degree of operability.

(q) The system shall contain provisions for maintaining the

integrity of memory voting and audit data during an election

and for a period of at least 6 months thereafter and shall

provide the means for creating an audit trail.

(r) The system shall be fully accessible so as to permit

blind or visually impaired voters as well as voters with

physical disabilities physically disabled voters to exercise

their right to vote in private and without assistance.

(s) The system shall provide alternative language

accessibility if required pursuant to Section 203 of the Voting

Rights Act of 1965.

(t) Each voting device shall enable a voter to vote for a

person whose name does not appear on the ballot.

(u) The system shall record and count accurately each vote

properly cast for or against any candidate and for or against

any public question, including the names of all candidates

whose names are written in by the voters.

(v) The system shall allow for accepting provisional

ballots and for separating such provisional ballots from

precinct totals until authorized by the election authority.

(w) The system shall provide an effective audit trail as

defined in Section 24C-2 in this Code.

(x) The system shall be suitably designed for the purpose

used, be durably constructed, and be designed for safety,

accuracy and efficiency.

(y) The system shall comply with all provisions of federal,

State and local election laws and regulations and any future

modifications to those laws and regulations.

(Source: P.A. 98-1171, eff. 6-1-15.)

Section 50. The State Budget Law of the Civil

Administrative Code of Illinois is amended by changing Section

50-10 as follows:

(15 ILCS 20/50-10) (was 15 ILCS 20/38.1)

Sec. 50-10. Budget contents. The budget shall be submitted

by the Governor with line item and program data. The budget

shall also contain performance data presenting an estimate for

the current fiscal year, projections for the budget year, and

information for the 3 prior fiscal years comparing department

objectives with actual accomplishments, formulated according

to the various functions and activities, and, wherever the

nature of the work admits, according to the work units, for

which the respective departments, offices, and institutions of

the State government (including the elective officers in the

executive department and including the University of Illinois

and the judicial department) are responsible.

For the fiscal year beginning July 1, 1992 and for each

fiscal year thereafter, the budget shall include the

performance measures of each department's accountability

report.

For the fiscal year beginning July 1, 1997 and for each

fiscal year thereafter, the budget shall include one or more

line items appropriating moneys to the Department of Human

Services to fund participation in the Home-Based Support

Services Program for Adults with Mental Disabilities Mentally

Disabled Adults under the Developmental Disability and Mental

Disability Services Act by persons described in Section 2-17 of

that Act.

The budget shall contain a capital development section in

which the Governor will present (1) information on the capital

projects and capital programs for which appropriations are

requested, (2) the capital spending plans, which shall document

the first and subsequent years cash requirements by fund for

the proposed bonded program, and (3) a statement that shall

identify by year the principal and interest costs until

retirement of the State's general obligation debt. In addition,

the principal and interest costs of the budget year program

shall be presented separately, to indicate the marginal cost of

principal and interest payments necessary to retire the

additional bonds needed to finance the budget year's capital

program. In 2004 only, the capital development section of the

State budget shall be submitted by the Governor not later than

the fourth Tuesday of March (March 23, 2004).

The budget shall contain a section indicating whether there

is a projected budget surplus or a projected budget deficit for

general funds in the current fiscal year, or whether the

current fiscal year's general funds budget is projected to be

balanced, based on estimates prepared by the Governor's Office

of Management and Budget using actual figures available on the

date the budget is submitted. That section shall present this

information in both a numerical table format and by way of a

narrative description, and shall include information for the

proposed upcoming fiscal year, the current fiscal year, and the

2 years prior to the current fiscal year. These estimates must

specifically and separately identify any non-recurring

revenues, including, but not limited to, borrowed money, money

derived by borrowing or transferring from other funds, or any

non-operating financial source. None of these specifically and

separately identified non-recurring revenues may include any

revenue that cannot be realized without a change to law. The

table shall show accounts payable at the end of each fiscal

year in a manner that specifically and separately identifies

any general funds liabilities accrued during the current and

prior fiscal years that may be paid from future fiscal years'

appropriations, including, but not limited to, costs that may

be paid beyond the end of the lapse period as set forth in

Section 25 of the State Finance Act and costs incurred by the

Department on Aging. The section shall also include an estimate

of individual and corporate income tax overpayments that will

not be refunded before the close of the fiscal year.

For the budget year, the current year, and 3 prior fiscal

years, the Governor shall also include in the budget estimates

of or actual values for the assets and liabilities for General

Assembly Retirement System, State Employees' Retirement System

of Illinois, State Universities Retirement System, Teachers'

Retirement System of the State of Illinois, and Judges

Retirement System of Illinois.

The budget submitted by the Governor shall contain, in

addition, in a separate book, a tabulation of all position and

employment titles in each such department, office, and

institution, the number of each, and the salaries for each,

formulated according to divisions, bureaus, sections, offices,

departments, boards, and similar subdivisions, which shall

correspond as nearly as practicable to the functions and

activities for which the department, office, or institution is

responsible.

Together with the budget, the Governor shall transmit the

estimates of receipts and expenditures, as received by the

Director of the Governor's Office of Management and Budget, of

the elective officers in the executive and judicial departments

and of the University of Illinois.

An applicable appropriations committee of each chamber of

the General Assembly, for fiscal year 2012 and thereafter, must

review individual line item appropriations and the total budget

for each State agency, as defined in the Illinois State

Auditing Act.

(Source: P.A. 98-460, eff. 1-1-14.)

Section 55. The Civil and Equal Rights Enforcement Act is

amended by changing Section 1 as follows:

(15 ILCS 210/1) (from Ch. 14, par. 9)

Sec. 1. There is created in the office of the Attorney

General a Division for the Enforcement of Civil and Equal

Rights. The Division, under the supervision and direction of

the Attorney General, shall investigate all violations of the

laws relating to civil rights and the prevention of

discriminations against persons by reason of race, color,

creed, religion, sex, national origin, or physical or mental

disability handicap, and shall, whenever such violations are

established, undertake necessary enforcement measures.

(Source: P.A. 80-358.)

Section 60. The Secretary of State Merit Employment Code is

amended by changing Sections 18a, 18b, and 18c as follows:

(15 ILCS 310/18a) (from Ch. 124, par. 118a)

Sec. 18a. Equal Employment Opportunity Plan. The Equal

Employment Opportunity Officer shall, within 90 days after the

effective date of this Act and annually thereafter, submit to

the Secretary of State a plan for assuring equal employment

opportunity. This plan shall include a current detailed status

report (a) indicating, by each position in the service of the

Secretary of State, the number, percentage, and average salary

of women, minorities, and individuals with disabilities

handicapped individuals employed; (b) identifying all

positions in which the percentage of women, minorities, and

individuals with disabilities handicapped employed is less

than 4/5 the percentage of women, minorities, and individuals

with disabilities handicapped in the State work force; (c)

specifying the goals and methods for increasing the percentage

of women, minorities, and individuals with disabilities

handicapped employed in these positions; and (d) indicating

progress and problems towards meeting equal employment

opportunity goals.

(Source: P.A. 80-13.)

(15 ILCS 310/18b) (from Ch. 124, par. 118b)

Sec. 18b. Duties of Secretary of State's Equal Employment

Opportunity Officer. The Secretary of State's Equal Employment

Opportunity Officer shall:

(1) set forth a detailed and uniform method and requirement

by which the Office of the Secretary of State shall develop and

implement equal employment opportunity plans as required in

Section 19;

(2) establish reporting procedures for measuring progress

and evaluation performance in achieving equal employment

opportunity goals;

(3) provide technical assistance and training to officials

of the Office of the Secretary of State in achieving equal

employment opportunity goals;

(4) develop and implement training programs to help women,

minorities, and individuals with disabilities handicapped

individuals qualified for government positions and positions

with government contractors;

(5) report quarterly to the Secretary of State on progress,

performance, and problems in meeting equal employment

opportunity goals; and

(6) head a staff to assist him or her in performing his or

her powers and duties.

(Source: P.A. 80-13.)

(15 ILCS 310/18c) (from Ch. 124, par. 118c)

Sec. 18c. Supported employees.

(a) The Director shall develop and implement a supported

employment program. It shall be the goal of the program to

appoint a minimum of 10 supported employees to Secretary of

State positions before June 30, 1992.

(b) The Director shall designate a liaison to work with

State agencies and departments under the jurisdiction of the

Secretary of State and any funder or provider or both in the

implementation of a supported employment program.

(c) As used in this Section:

(1) "Supported employee" means any individual who:

(A) has a severe physical or mental disability

which seriously limits functional capacities including

but not limited to mobility, communication, self-care,

self-direction, work tolerance or work skills, in

terms of employability as defined, determined and

certified by the Department of Human Services; and

(B) has one or more physical or mental disabilities

resulting from amputation; arthritis; blindness;

cancer; cerebral palsy; cystic fibrosis; deafness;

heart disease; hemiplegia; respiratory or pulmonary

dysfunction; an intellectual disability; mental

illness; multiple sclerosis; muscular dystrophy;

musculoskeletal disorders; neurological disorders,

including stroke and epilepsy; paraplegia;

quadriplegia and other spinal cord conditions; sickle

cell anemia; and end-stage renal disease; or another

disability or combination of disabilities determined

on the basis of an evaluation of rehabilitation

potential to cause comparable substantial functional

limitation.

(2) "Supported employment" means competitive work in

integrated work settings:

(A) for individuals with severe disabilities

handicaps for whom competitive employment has not

traditionally occurred, or

(B) for individuals for whom competitive

employment has been interrupted or intermittent as a

result of a severe disability, and who because of their

disability handicap, need on-going support services to

perform such work. The term includes transitional

employment for individuals with chronic mental

illness.

(3) "Participation in a supported employee program"

means participation as a supported employee that is not

based on the expectation that an individual will have the

skills to perform all the duties in a job class, but on the

assumption that with support and adaptation, or both, a job

can be designed to take advantage of the supported

employee's special strengths.

(4) "Funder" means any entity either State, local or

federal, or private not-for-profit or for-profit that

provides monies to programs that provide services related

to supported employment.

(5) "Provider" means any entity either public or

private that provides technical support and services to any

department or agency subject to the control of the

Governor, the Secretary of State or the University Civil

Service System.

(d) The Director shall establish job classifications for

supported employees who may be appointed into the

classifications without open competitive testing requirements.

Supported employees shall serve in a trial employment capacity

for not less than 3 or more than 12 months.

(e) The Director shall maintain a record of all individuals

hired as supported employees. The record shall include:

(1) the number of supported employees initially

appointed;

(2) the number of supported employees who successfully

complete the trial employment periods; and

(3) the number of permanent targeted positions by

titles.

(f) The Director shall submit an annual report to the

General Assembly regarding the employment progress of

supported employees, with recommendations for legislative

action.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 65. The State Library Act is amended by changing

Section 18 as follows:

(15 ILCS 320/18) (from Ch. 128, par. 118)

Sec. 18. Federal aid. The Secretary of State and State

Librarian is authorized and empowered to do all things

necessary and proper to fully cooperate with the United States

government in the administering of any Act heretofore, or

hereafter enacted for the purpose of appropriation of funds for

the payment of salaries, library materials, access to

electronic resources, library supplies, equipment, the

construction of library buildings, library services throughout

the State, and for library services to persons with physical

disabilities the physically handicapped.

(Source: P.A. 91-507, eff. 8-13-99.)

Section 70. The Accessible Electronic Information Act is

amended by changing Sections 5, 10, and 15 as follows:

(15 ILCS 323/5)

Sec. 5. Legislative findings. The Legislature finds and

declares all of the following:

(a) Thousands of citizens in this State have disabilities

(including blindness or visual impairment) that prevent them

from using conventional print material.

(b) The State fulfills an important responsibility by

providing books and magazines prepared in Braille, audio, and

large-type formats made available to eligible blind persons and

persons with disabilities blind and disabled persons.

(c) The technology, transcription methods, and means of

distribution used for these materials are labor-intensive and

cannot support rapid dissemination to individuals in rural and

urban areas throughout the State.

(d) Lack of direct and prompt access to information

included in newspapers, magazines, newsletters, schedules,

announcements, and other time-sensitive materials limits

educational opportunities, literacy, and full participation in

society by blind persons and persons with disabilities and

disabled persons.

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

(15 ILCS 323/10)

Sec. 10. Definitions. As used in this Act:

"Accessible electronic information service" means news and

other timely information (including newspapers) provided to

eligible individuals from a multi-state service center, using

high-speed computers and telecommunications technology for

interstate acquisition of content and rapid distribution in a

form appropriate for use by such individuals.

"Blind persons and persons with disabilities Blind and

disabled persons" means those individuals who are eligible for

library loan services through the Library of Congress and the

State Library for the Blind and Physically Handicapped pursuant

to 36 CFR 701.10(b).

"Director" means the State Librarian.

"Qualified entity" means an agency, instrumentality, or

political subdivision of the State or a nonprofit organization

that:

(1) provides interstate access for eligible persons to

read daily newspapers by producing audio editions by

computer; and

(2) provides a means of program administration and

reader registration on the Internet.

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

(15 ILCS 323/15)

Sec. 15. Accessible electronic information service

program. The Director by rule shall develop and implement a

program of grants to qualified entities for the provision of

accessible electronic information service to blind persons and

persons with disabilities blind and disabled persons

throughout Illinois. The grants shall be funded through

appropriations from the Accessible Electronic Information

Service Fund established in Section 20.

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

Section 75. The Illinois Identification Card Act is amended

by changing Sections 2, 4, 4A, and 13 as follows:

(15 ILCS 335/2) (from Ch. 124, par. 22)

Sec. 2. Administration and powers and duties of the

Administrator.

(a) The Secretary of State is the Administrator of this

Act, and he is charged with the duty of observing,

administering and enforcing the provisions of this Act.

(b) The Secretary is vested with the powers and duties for

the proper administration of this Act as follows:

1. He shall organize the administration of this Act as

he may deem necessary and appoint such subordinate

officers, clerks and other employees as may be necessary.

2. From time to time, he may make, amend or rescind

rules and regulations as may be in the public interest to

implement the Act.

3. He may prescribe or provide suitable forms as

necessary, including such forms as are necessary to

establish that an applicant for an Illinois Person with a

Disability Identification Card is a "person with a

disability" disabled person" as defined in Section 4A of

this Act, and establish that an applicant for a State

identification card is a "homeless person" as defined in

Section 1A of this Act.

4. He may prepare under the seal of the Secretary of

State certified copies of any records utilized under this

Act and any such certified copy shall be admissible in any

proceeding in any court in like manner as the original

thereof.

5. Records compiled under this Act shall be maintained

for 6 years, but the Secretary may destroy such records

with the prior approval of the State Records Commission.

6. He shall examine and determine the genuineness,

regularity and legality of every application filed with him

under this Act, and he may in all cases investigate the

same, require additional information or proof or

documentation from any applicant.

7. He shall require the payment of all fees prescribed

in this Act, and all such fees received by him shall be

placed in the Road Fund of the State treasury except as

otherwise provided in Section 12 of this Act.

(Source: P.A. 96-183, eff. 7-1-10; 97-1064, eff. 1-1-13.)

(15 ILCS 335/4) (from Ch. 124, par. 24)

Sec. 4. Identification Card.

(a) The Secretary of State shall issue a standard Illinois

Identification Card to any natural person who is a resident of

the State of Illinois who applies for such card, or renewal

thereof, or who applies for a standard Illinois Identification

Card upon release as a committed person on parole, mandatory

supervised release, aftercare release, final discharge, or

pardon from the Department of Corrections or Department of

Juvenile Justice by submitting an identification card issued by

the Department of Corrections or Department of Juvenile Justice

under Section 3-14-1 or Section 3-2.5-70 of the Unified Code of

Corrections, together with the prescribed fees. No

identification card shall be issued to any person who holds a

valid foreign state identification card, license, or permit

unless the person first surrenders to the Secretary of State

the valid foreign state identification card, license, or

permit. The card shall be prepared and supplied by the

Secretary of State and shall include a photograph and signature

or mark of the applicant. However, the Secretary of State may

provide by rule for the issuance of Illinois Identification

Cards without photographs if the applicant has a bona fide

religious objection to being photographed or to the display of

his or her photograph. The Illinois Identification Card may be

used for identification purposes in any lawful situation only

by the person to whom it was issued. As used in this Act,

"photograph" means any color photograph or digitally produced

and captured image of an applicant for an identification card.

As used in this Act, "signature" means the name of a person as

written by that person and captured in a manner acceptable to

the Secretary of State.

(a-5) If an applicant for an identification card has a

current driver's license or instruction permit issued by the

Secretary of State, the Secretary may require the applicant to

utilize the same residence address and name on the

identification card, driver's license, and instruction permit

records maintained by the Secretary. The Secretary may

promulgate rules to implement this provision.

(a-10) If the applicant is a judicial officer as defined in

Section 1-10 of the Judicial Privacy Act or a peace officer,

the applicant may elect to have his or her office or work

address listed on the card instead of the applicant's residence

or mailing address. The Secretary may promulgate rules to

implement this provision. For the purposes of this subsection

(a-10), "peace officer" means any person who by virtue of his

or her office or public employment is vested by law with a duty

to maintain public order or to make arrests for a violation of

any penal statute of this State, whether that duty extends to

all violations or is limited to specific violations.

(b) The Secretary of State shall issue a special Illinois

Identification Card, which shall be known as an Illinois Person

with a Disability Identification Card, to any natural person

who is a resident of the State of Illinois, who is a person

with a disability as defined in Section 4A of this Act, who

applies for such card, or renewal thereof. No Illinois Person

with a Disability Identification Card shall be issued to any

person who holds a valid foreign state identification card,

license, or permit unless the person first surrenders to the

Secretary of State the valid foreign state identification card,

license, or permit. The Secretary of State shall charge no fee

to issue such card. The card shall be prepared and supplied by

the Secretary of State, and shall include a photograph and

signature or mark of the applicant, a designation indicating

that the card is an Illinois Person with a Disability

Identification Card, and shall include a comprehensible

designation of the type and classification of the applicant's

disability as set out in Section 4A of this Act. However, the

Secretary of State may provide by rule for the issuance of

Illinois Person with a Disability Identification Cards without

photographs if the applicant has a bona fide religious

objection to being photographed or to the display of his or her

photograph. If the applicant so requests, the card shall

include a description of the applicant's disability and any

information about the applicant's disability or medical

history which the Secretary determines would be helpful to the

applicant in securing emergency medical care. If a mark is used

in lieu of a signature, such mark shall be affixed to the card

in the presence of two witnesses who attest to the authenticity

of the mark. The Illinois Person with a Disability

Identification Card may be used for identification purposes in

any lawful situation by the person to whom it was issued.

The Illinois Person with a Disability Identification Card

may be used as adequate documentation of disability in lieu of

a physician's determination of disability, a determination of

disability from a physician assistant who has been delegated

the authority to make this determination by his or her

supervising physician, a determination of disability from an

advanced practice nurse who has a written collaborative

agreement with a collaborating physician that authorizes the

advanced practice nurse to make this determination, or any

other documentation of disability whenever any State law

requires that a person with a disability disabled person

provide such documentation of disability, however an Illinois

Person with a Disability Identification Card shall not qualify

the cardholder to participate in any program or to receive any

benefit which is not available to all persons with like

disabilities. Notwithstanding any other provisions of law, an

Illinois Person with a Disability Identification Card, or

evidence that the Secretary of State has issued an Illinois

Person with a Disability Identification Card, shall not be used

by any person other than the person named on such card to prove

that the person named on such card is a person with a

disability disabled person or for any other purpose unless the

card is used for the benefit of the person named on such card,

and the person named on such card consents to such use at the

time the card is so used.

An optometrist's determination of a visual disability

under Section 4A of this Act is acceptable as documentation for

the purpose of issuing an Illinois Person with a Disability

Identification Card.

When medical information is contained on an Illinois Person

with a Disability Identification Card, the Office of the

Secretary of State shall not be liable for any actions taken

based upon that medical information.

(c) The Secretary of State shall provide that each original

or renewal Illinois Identification Card or Illinois Person with

a Disability Identification Card issued to a person under the

age of 21 shall be of a distinct nature from those Illinois

Identification Cards or Illinois Person with a Disability

Identification Cards issued to individuals 21 years of age or

older. The color designated for Illinois Identification Cards

or Illinois Person with a Disability Identification Cards for

persons under the age of 21 shall be at the discretion of the

Secretary of State.

(c-1) Each original or renewal Illinois Identification

Card or Illinois Person with a Disability Identification Card

issued to a person under the age of 21 shall display the date

upon which the person becomes 18 years of age and the date upon

which the person becomes 21 years of age.

(c-3) The General Assembly recognizes the need to identify

military veterans living in this State for the purpose of

ensuring that they receive all of the services and benefits to

which they are legally entitled, including healthcare,

education assistance, and job placement. To assist the State in

identifying these veterans and delivering these vital services

and benefits, the Secretary of State is authorized to issue

Illinois Identification Cards and Illinois Person with a

Disability Identification Cards with the word "veteran"

appearing on the face of the cards. This authorization is

predicated on the unique status of veterans. The Secretary may

not issue any other identification card which identifies an

occupation, status, affiliation, hobby, or other unique

characteristics of the identification card holder which is

unrelated to the purpose of the identification card.

(c-5) Beginning on or before July 1, 2015, the Secretary of

State shall designate a space on each original or renewal

identification card where, at the request of the applicant, the

word "veteran" shall be placed. The veteran designation shall

be available to a person identified as a veteran under

subsection (b) of Section 5 of this Act who was discharged or

separated under honorable conditions.

(d) The Secretary of State may issue a Senior Citizen

discount card, to any natural person who is a resident of the

State of Illinois who is 60 years of age or older and who

applies for such a card or renewal thereof. The Secretary of

State shall charge no fee to issue such card. The card shall be

issued in every county and applications shall be made available

at, but not limited to, nutrition sites, senior citizen centers

and Area Agencies on Aging. The applicant, upon receipt of such

card and prior to its use for any purpose, shall have affixed

thereon in the space provided therefor his signature or mark.

(e) The Secretary of State, in his or her discretion, may

designate on each Illinois Identification Card or Illinois

Person with a Disability Identification Card a space where the

card holder may place a sticker or decal, issued by the

Secretary of State, of uniform size as the Secretary may

specify, that shall indicate in appropriate language that the

card holder has renewed his or her Illinois Identification Card

or Illinois Person with a Disability Identification Card.

(Source: P.A. 97-371, eff. 1-1-12; 97-739, eff. 1-1-13; 97-847,

eff. 1-1-13; 97-1064, eff. 1-1-13; 98-323, eff. 1-1-14; 98-463,

eff. 8-16-13; 98-558, eff. 1-1-14; 98-756, eff. 7-16-14.)

(15 ILCS 335/4A) (from Ch. 124, par. 24A)

Sec. 4A. (a) "Person with a disability" as used in this Act

means any person who is, and who is expected to indefinitely

continue to be, subject to any of the following five types of

disabilities:

Type One: Physical disability. A physical disability is a

physical impairment, disease, or loss, which is of a permanent

nature, and which substantially limits physical ability or

motor skills. The Secretary of State shall establish standards

not inconsistent with this provision necessary to determine the

presence of a physical disability.

Type Two: Developmental disability. Developmental

disability means a disability that is attributable to: (i) an

intellectual disability, cerebral palsy, epilepsy, or autism

or (ii) any other condition that results in impairment similar

to that caused by an intellectual disability and requires

services similar to those required by persons with intellectual

disabilities. Such a disability must originate before the age

of 18 years, be expected to continue indefinitely, and

constitute a substantial disability handicap. The Secretary of

State shall establish standards not inconsistent with this

provision necessary to determine the presence of a

developmental disability.

Type Three: Visual disability. A visual disability is

blindness, and the term "blindness" means central vision acuity

of 20/200 or less in the better eye with the use of a

correcting lens. An eye that is accompanied by a limitation in

the fields of vision so that the widest diameter of the visual

field subtends an angle no greater than 20 degrees shall be

considered as having a central vision acuity of 20/200 or less.

The Secretary of State shall establish standards not

inconsistent with this Section necessary to determine the

presence of a visual disability.

Type Four: Hearing disability. A hearing disability is a

disability resulting in complete absence of hearing, or hearing

that with sound enhancing or magnifying equipment is so

impaired as to require the use of sensory input other than

hearing as the principal means of receiving spoken language.

The Secretary of State shall establish standards not

inconsistent with this Section necessary to determine the

presence of a hearing disability.

Type Five: Mental Disability. A mental disability is a

significant impairment of an individual's cognitive,

affective, or relational abilities that may require

intervention and may be a recognized, medically diagnosable

illness or disorder. The Secretary of State shall establish

standards not inconsistent with this provision necessary to

determine the presence of a mental disability.

(b) For purposes of this Act, a disability shall be

classified as follows: Class 1 disability: A Class 1 disability

is any type disability which does not render a person unable to

engage in any substantial gainful activity or which does not

impair his ability to live independently or to perform labor or

services for which he is qualified. The Secretary of State

shall establish standards not inconsistent with this Section

necessary to determine the presence of a Class 1 disability.

Class 1A disability: A Class 1A disability is a Class 1

disability which renders a person unable to walk 200 feet or

more unassisted by another person or without the aid of a

walker, crutches, braces, prosthetic device or a wheelchair or

without great difficulty or discomfort due to the following

impairments: neurologic, orthopedic, oncological, respiratory,

cardiac, arthritic disorder, blindness, or the loss of function

or absence of a limb or limbs. The Secretary of State shall

establish standards not inconsistent with this Section

necessary to determine the presence of a Class 1A disability.

Class 2 disability: A Class 2 disability is any type disability

which renders a person unable to engage in any substantial

gainful activity, which substantially impairs his ability to

live independently without supervision or in-home support

services, or which substantially impairs his ability to perform

labor or services for which he is qualified or significantly

restricts the labor or services which he is able to perform.

The Secretary of State shall establish standards not

inconsistent with this Section necessary to determine the

presence of a Class 2 disability. Class 2A disability: A Class

2A disability is a Class 2 disability which renders a person

unable to walk 200 feet or more unassisted by another person or

without the aid of a walker, crutches, braces, prosthetic

device or a wheelchair or without great difficulty or

discomfort due to the following impairments: neurologic,

orthopedic, oncological, respiratory, cardiac, arthritic

disorder, blindness, or the loss of function or absence of a

limb or limbs. The Secretary of State shall establish standards

not inconsistent with this Section necessary to determine the

presence of a Class 2A disability.

(Source: P.A. 97-227, eff. 1-1-12; 97-1064, eff. 1-1-13;

98-726, eff. 1-1-15.)

(15 ILCS 335/13) (from Ch. 124, par. 33)

Sec. 13. Rejection, denial or revocations.

(a) The Secretary of State may reject or deny any

application if he:

1. is not satisfied with the genuineness, regularity or

legality of any application; or

2. has not been supplied with the required information;

or

3. is not satisfied with the truth of any information

or documentation supplied by an applicant; or

4. determines that the applicant is not entitled to the

card as applied for; or

5. determines that any fraud was committed by the

applicant; or

6. determines that a signature is not valid or is a

forgery; or

7. determines that the applicant has not paid the

prescribed fee; or

8. determines that the applicant has falsely claimed to

be a person with a disability as defined in Section 4A of

this Act; or

9. cannot verify the accuracy of any information or

documentation submitted by the applicant.

(b) The Secretary of State may cancel or revoke any

identification card issued by him, upon determining that:

1. the holder is not legally entitled to the card; or

2. the applicant for the card made a false statement or

knowingly concealed a material fact in any application

filed by him under this Act; or

3. any person has displayed or represented as his own a

card not issued to him; or

4. any holder has permitted the display or use of his

card by any other person; or

5. that the signature of the applicant was forgery or

that the signature on the card is a forgery; or

6. a card has been used for any unlawful or fraudulent

purpose; or

7. a card has been altered or defaced; or

8. any card has been duplicated for any purpose; or

9. any card was utilized to counterfeit such cards; or

10. the holder of an Illinois Person with a Disability

Identification Card is not a person with a disability

disabled person as defined in Section 4A of this Act; or

11. the holder failed to appear at a Driver Services

facility for the reissuance of a card or to present

documentation for verification of identity.

(c) The Secretary of State is authorized to take possession

of and shall make a demand for return of any card which has

been cancelled or revoked, unlawfully or erroneously issued, or

issued in violation of this Act, and every person to whom such

demand is addressed, shall promptly and without delay, return

such card to the Secretary pursuant to his instructions, or, he

shall surrender any such card to the Secretary or any agent of

the Secretary upon demand.

(d) The Secretary of State is authorized to take possession

of any Illinois Identification Card or Illinois Person with a

Disability Identification Card which has been cancelled or

revoked, or which is blank, or which has been altered or

defaced or duplicated or which is counterfeit or contains a

forgery; or otherwise issued in violation of this Act and may

confiscate any suspected fraudulent, fictitious, or altered

documents submitted by an applicant in support of an

application for an identification card.

(Source: P.A. 97-229, eff. 7-28-11; 97-1064, eff. 1-1-13.)

Section 80. The State Comptroller Act is amended by

changing Sections 10.05 and 23.9 as follows:

(15 ILCS 405/10.05) (from Ch. 15, par. 210.05)

Sec. 10.05. Deductions from warrants; statement of reason

for deduction. Whenever any person shall be entitled to a

warrant or other payment from the treasury or other funds held

by the State Treasurer, on any account, against whom there

shall be any then due and payable account or claim in favor of

the State, the United States upon certification by the

Secretary of the Treasury of the United States, or his or her

delegate, pursuant to a reciprocal offset agreement under

subsection (i-1) of Section 10 of the Illinois State Collection

Act of 1986, or a unit of local government, a school district,

a public institution of higher education, as defined in Section

1 of the Board of Higher Education Act, or the clerk of a

circuit court, upon certification by that entity, the

Comptroller, upon notification thereof, shall ascertain the

amount due and payable to the State, the United States, the

unit of local government, the school district, the public

institution of higher education, or the clerk of the circuit

court, as aforesaid, and draw a warrant on the treasury or on

other funds held by the State Treasurer, stating the amount for

which the party was entitled to a warrant or other payment, the

amount deducted therefrom, and on what account, and directing

the payment of the balance; which warrant or payment as so

drawn shall be entered on the books of the Treasurer, and such

balance only shall be paid. The Comptroller may deduct any one

or more of the following: (i) the entire amount due and payable

to the State or a portion of the amount due and payable to the

State in accordance with the request of the notifying agency;

(ii) the entire amount due and payable to the United States or

a portion of the amount due and payable to the United States in

accordance with a reciprocal offset agreement under subsection

(i-1) of Section 10 of the Illinois State Collection Act of

1986; or (iii) the entire amount due and payable to the unit of

local government, school district, public institution of

higher education, or clerk of the circuit court, or a portion

of the amount due and payable to that entity, in accordance

with an intergovernmental agreement authorized under this

Section and Section 10.05d. No request from a notifying agency,

the Secretary of the Treasury of the United States, a unit of

local government, a school district, a public institution of

higher education, or the clerk of a circuit court for an amount

to be deducted under this Section from a wage or salary

payment, or from a contractual payment to an individual for

personal services, shall exceed 25% of the net amount of such

payment. "Net amount" means that part of the earnings of an

individual remaining after deduction of any amounts required by

law to be withheld. For purposes of this provision, wage,

salary or other payments for personal services shall not

include final compensation payments for the value of accrued

vacation, overtime or sick leave. Whenever the Comptroller

draws a warrant or makes a payment involving a deduction

ordered under this Section, the Comptroller shall notify the

payee and the State agency that submitted the voucher of the

reason for the deduction and he or she shall retain a record of

such statement in his or her records. As used in this Section,

an "account or claim in favor of the State" includes all

amounts owing to "State agencies" as defined in Section 7 of

this Act. However, the Comptroller shall not be required to

accept accounts or claims owing to funds not held by the State

Treasurer, where such accounts or claims do not exceed $50, nor

shall the Comptroller deduct from funds held by the State

Treasurer under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act or for

payments to institutions from the Illinois Prepaid Tuition

Trust Fund (unless the Trust Fund moneys are used for child

support). The Comptroller shall not deduct from payments to be

disbursed from the Child Support Enforcement Trust Fund as

provided for under Section 12-10.2 of the Illinois Public Aid

Code, except for payments representing interest on child

support obligations under Section 10-16.5 of that Code. The

Comptroller and the Department of Revenue shall enter into an

interagency agreement to establish responsibilities, duties,

and procedures relating to deductions from lottery prizes

awarded under Section 20.1 of the Illinois Lottery Law. The

Comptroller may enter into an intergovernmental agreement with

the Department of Revenue and the Secretary of the Treasury of

the United States, or his or her delegate, to establish

responsibilities, duties, and procedures relating to

reciprocal offset of delinquent State and federal obligations

pursuant to subsection (i-1) of Section 10 of the Illinois

State Collection Act of 1986. The Comptroller may enter into

intergovernmental agreements with any unit of local

government, school district, public institution of higher

education, or clerk of a circuit court to establish

responsibilities, duties, and procedures to provide for the

offset, by the Comptroller, of obligations owed to those

entities.

For the purposes of this Section, "clerk of a circuit

court" means the clerk of a circuit court in any county in the

State.

(Source: P.A. 97-269, eff. 12-16-11 (see Section 15 of P.A.

97-632 for the effective date of changes made by P.A. 97-269);

97-632, eff. 12-16-11; 97-689, eff. 6-14-12; 97-884, eff.

8-2-12; 97-970, eff. 8-16-12; 98-463, eff. 8-16-13.)

(15 ILCS 405/23.9)

Sec. 23.9. Minority Contractor Opportunity Initiative. The

State Comptroller Minority Contractor Opportunity Initiative

is created to provide greater opportunities for minority-owned

businesses, female-owned businesses, businesses owned by

persons with disabilities, and small businesses with 20 or

fewer employees in this State to participate in the State

procurement process. The initiative shall be administered by

the Comptroller. Under this initiative, the Comptroller is

responsible for the following: (i) outreach to minority-owned

businesses, female-owned businesses, businesses owned by

persons with disabilities, and small businesses capable of

providing services to the State; (ii) education of

minority-owned businesses, female-owned businesses, businesses

owned by persons with disabilities, and small businesses

concerning State contracting and procurement; (iii)

notification of minority-owned businesses, female-owned

businesses, businesses owned by persons with disabilities, and

small businesses of State contracting opportunities; and (iv)

maintenance of an online database of State contracts that

identifies the contracts awarded to minority-owned businesses,

female-owned businesses, businesses owned by persons with

disabilities, and small businesses that includes the total

amount paid by State agencies to contractors and the percentage

paid to minority-owned businesses, female-owned businesses,

businesses owned by persons with disabilities, and small

businesses.

The Comptroller shall work with the Business Enterprise

Council created under Section 5 of the Business Enterprise for

Minorities, Females, and Persons with Disabilities Act to

fulfill the Comptroller's responsibilities under this Section.

The Comptroller may rely on the Business Enterprise Council's

identification of minority-owned businesses, female-owned

businesses, and businesses owned by persons with disabilities.

The Comptroller shall annually prepare and submit a report

to the Governor and the General Assembly concerning the

progress of this initiative including the following

information for the preceding calendar year: (i) a statement of

the total amounts paid by each executive branch agency to

contractors since the previous report; (ii) the percentage of

the amounts that were paid to minority-owned businesses,

female-owned businesses, businesses owned by persons with

disabilities, and small businesses; (iii) the successes

achieved and the challenges faced by the Comptroller in

operating outreach programs for minorities, women, persons

with disabilities, and small businesses; (iv) the challenges

each executive branch agency may face in hiring qualified

minority, female, disabled, and small business employees and

employees with disabilities and contracting with qualified

minority-owned businesses, female-owned businesses, businesses

owned by persons with disabilities, and small businesses; and

(iv) any other information, findings, conclusions, and

recommendations for legislative or agency action, as the

Comptroller deems appropriate.

On and after the effective date of this amendatory Act of

the 97th General Assembly, any bidder or offeror awarded a

contract of $1,000 or more under Section 20-10, 20-15, 20-25,

or 20-30 of the Illinois Procurement Code is required to pay a

fee of $15 to cover expenses related to the administration of

this Section. The Comptroller shall deduct the fee from the

first check issued to the vendor under the contract and deposit

the fee into the Comptroller's Administrative Fund. Contracts

administered for statewide orders placed by agencies (commonly

referred to as "statewide master contracts") are exempt from

this fee.

(Source: P.A. 97-590, eff. 8-26-11; 98-797, eff. 7-31-14.)

Section 85. The Comptroller Merit Employment Code is

amended by changing Sections 18a and 18b as follows:

(15 ILCS 410/18a) (from Ch. 15, par. 454)

Sec. 18a. Equal Employment Opportunity Plan. The Equal

Employment Opportunity Officer shall, within 90 days after the

effective date of this Act and annually thereafter, submit to

the Comptroller a plan for assuring equal employment

opportunity. This plan shall include a current detailed status

report (a) indicating, by each position in the service of the

Comptroller, the number, percentage, and average salary of

women, minorities, and individuals with disabilities

handicapped individuals employed; (b) identifying all

positions in which the percentage of women, minorities, and

individuals with disabilities handicapped employed is less

than 4/5 the percentage of women, minorities, and individuals

with disabilities handicapped in the State work force; (c)

specifying the goals and methods for increasing the percentage

of women, minorities, and individuals with disabilities

handicapped employed in these positions; and (d) indicating

progress and problems towards meeting equal employment

opportunity goals.

(Source: P.A. 80-1397.)

(15 ILCS 410/18b) (from Ch. 15, par. 455)

Sec. 18b. Duties of Comptroller's Equal Employment

Opportunity Officer. The Comptroller's Equal Employment

Opportunity Officer shall:

(1) set forth a detailed and uniform method and requirement

by which the Office of the Comptroller shall develop and

implement equal employment opportunity plans as required in

Section 18;

(2) establish reporting procedures for measuring progress

and evaluation performance in achieving equal employment

opportunity goals;

(3) provide technical assistance and training to officials

of the Office of the Comptroller in achieving equal employment

opportunity goals;

(4) develop and implement training programs to help women,

minorities, and individuals with disabilities handicapped

individuals qualifying for government positions and positions

with government contractors;

(5) report quarterly to the Comptroller on progress,

performance, and problems in meeting equal employment

opportunity goals.

(Source: P.A. 80-1397.)

Section 90. The State Treasurer Act is amended by changing

Section 16.5 as follows:

(15 ILCS 505/16.5)

Sec. 16.5. College Savings Pool. The State Treasurer may

establish and administer a College Savings Pool to supplement

and enhance the investment opportunities otherwise available

to persons seeking to finance the costs of higher education.

The State Treasurer, in administering the College Savings Pool,

may receive moneys paid into the pool by a participant and may

serve as the fiscal agent of that participant for the purpose

of holding and investing those moneys.

"Participant", as used in this Section, means any person

who has authority to withdraw funds, change the designated

beneficiary, or otherwise exercise control over an account.

"Donor", as used in this Section, means any person who makes

investments in the pool. "Designated beneficiary", as used in

this Section, means any person on whose behalf an account is

established in the College Savings Pool by a participant. Both

in-state and out-of-state persons may be participants, donors,

and designated beneficiaries in the College Savings Pool. The

College Savings Pool must be available to any individual with a

valid social security number or taxpayer identification number

for the benefit of any individual with a valid social security

number or taxpayer identification number, unless a contract in

effect on August 1, 2011 (the effective date of Public Act

97-233) does not allow for taxpayer identification numbers, in

which case taxpayer identification numbers must be allowed upon

the expiration of the contract.

New accounts in the College Savings Pool may be processed

through participating financial institutions. "Participating

financial institution", as used in this Section, means any

financial institution insured by the Federal Deposit Insurance

Corporation and lawfully doing business in the State of

Illinois and any credit union approved by the State Treasurer

and lawfully doing business in the State of Illinois that

agrees to process new accounts in the College Savings Pool.

Participating financial institutions may charge a processing

fee to participants to open an account in the pool that shall

not exceed $30 until the year 2001. Beginning in 2001 and every

year thereafter, the maximum fee limit shall be adjusted by the

Treasurer based on the Consumer Price Index for the North

Central Region as published by the United States Department of

Labor, Bureau of Labor Statistics for the immediately preceding

calendar year. Every contribution received by a financial

institution for investment in the College Savings Pool shall be

transferred from the financial institution to a location

selected by the State Treasurer within one business day

following the day that the funds must be made available in

accordance with federal law. All communications from the State

Treasurer to participants and donors shall reference the

participating financial institution at which the account was

processed.

The Treasurer may invest the moneys in the College Savings

Pool in the same manner and in the same types of investments

provided for the investment of moneys by the Illinois State

Board of Investment. To enhance the safety and liquidity of the

College Savings Pool, to ensure the diversification of the

investment portfolio of the pool, and in an effort to keep

investment dollars in the State of Illinois, the State

Treasurer may make a percentage of each account available for

investment in participating financial institutions doing

business in the State. The State Treasurer may deposit with the

participating financial institution at which the account was

processed the following percentage of each account at a

prevailing rate offered by the institution, provided that the

deposit is federally insured or fully collateralized and the

institution accepts the deposit: 10% of the total amount of

each account for which the current age of the beneficiary is

less than 7 years of age, 20% of the total amount of each

account for which the beneficiary is at least 7 years of age

and less than 12 years of age, and 50% of the total amount of

each account for which the current age of the beneficiary is at

least 12 years of age. The Treasurer shall develop, publish,

and implement an investment policy covering the investment of

the moneys in the College Savings Pool. The policy shall be

published each year as part of the audit of the College Savings

Pool by the Auditor General, which shall be distributed to all

participants. The Treasurer shall notify all participants in

writing, and the Treasurer shall publish in a newspaper of

general circulation in both Chicago and Springfield, any

changes to the previously published investment policy at least

30 calendar days before implementing the policy. Any investment

policy adopted by the Treasurer shall be reviewed and updated

if necessary within 90 days following the date that the State

Treasurer takes office.

Participants shall be required to use moneys distributed

from the College Savings Pool for qualified expenses at

eligible educational institutions. "Qualified expenses", as

used in this Section, means the following: (i) tuition, fees,

and the costs of books, supplies, and equipment required for

enrollment or attendance at an eligible educational

institution and (ii) certain room and board expenses incurred

while attending an eligible educational institution at least

half-time. "Eligible educational institutions", as used in

this Section, means public and private colleges, junior

colleges, graduate schools, and certain vocational

institutions that are described in Section 481 of the Higher

Education Act of 1965 (20 U.S.C. 1088) and that are eligible to

participate in Department of Education student aid programs. A

student shall be considered to be enrolled at least half-time

if the student is enrolled for at least half the full-time

academic work load for the course of study the student is

pursuing as determined under the standards of the institution

at which the student is enrolled. Distributions made from the

pool for qualified expenses shall be made directly to the

eligible educational institution, directly to a vendor, or in

the form of a check payable to both the beneficiary and the

institution or vendor. Any moneys that are distributed in any

other manner or that are used for expenses other than qualified

expenses at an eligible educational institution shall be

subject to a penalty of 10% of the earnings unless the

beneficiary dies, becomes a person with a disability disabled,

or receives a scholarship that equals or exceeds the

distribution. Penalties shall be withheld at the time the

distribution is made.

The Treasurer shall limit the contributions that may be

made on behalf of a designated beneficiary based on the

limitations established by the Internal Revenue Service. The

contributions made on behalf of a beneficiary who is also a

beneficiary under the Illinois Prepaid Tuition Program shall be

further restricted to ensure that the contributions in both

programs combined do not exceed the limit established for the

College Savings Pool. The Treasurer shall provide the Illinois

Student Assistance Commission each year at a time designated by

the Commission, an electronic report of all participant

accounts in the Treasurer's College Savings Pool, listing total

contributions and disbursements from each individual account

during the previous calendar year. As soon thereafter as is

possible following receipt of the Treasurer's report, the

Illinois Student Assistance Commission shall, in turn, provide

the Treasurer with an electronic report listing those College

Savings Pool participants who also participate in the State's

prepaid tuition program, administered by the Commission. The

Commission shall be responsible for filing any combined tax

reports regarding State qualified savings programs required by

the United States Internal Revenue Service. The Treasurer shall

work with the Illinois Student Assistance Commission to

coordinate the marketing of the College Savings Pool and the

Illinois Prepaid Tuition Program when considered beneficial by

the Treasurer and the Director of the Illinois Student

Assistance Commission. The Treasurer's office shall not

publicize or otherwise market the College Savings Pool or

accept any moneys into the College Savings Pool prior to March

1, 2000. The Treasurer shall provide a separate accounting for

each designated beneficiary to each participant, the Illinois

Student Assistance Commission, and the participating financial

institution at which the account was processed. No interest in

the program may be pledged as security for a loan. Moneys held

in an account invested in the Illinois College Savings Pool

shall be exempt from all claims of the creditors of the

participant, donor, or designated beneficiary of that account,

except for the non-exempt College Savings Pool transfers to or

from the account as defined under subsection (j) of Section

12-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).

The assets of the College Savings Pool and its income and

operation shall be exempt from all taxation by the State of

Illinois and any of its subdivisions. The accrued earnings on

investments in the Pool once disbursed on behalf of a

designated beneficiary shall be similarly exempt from all

taxation by the State of Illinois and its subdivisions, so long

as they are used for qualified expenses. Contributions to a

College Savings Pool account during the taxable year may be

deducted from adjusted gross income as provided in Section 203

of the Illinois Income Tax Act. The provisions of this

paragraph are exempt from Section 250 of the Illinois Income

Tax Act.

The Treasurer shall adopt rules he or she considers

necessary for the efficient administration of the College

Savings Pool. The rules shall provide whatever additional

parameters and restrictions are necessary to ensure that the

College Savings Pool meets all of the requirements for a

qualified state tuition program under Section 529 of the

Internal Revenue Code (26 U.S.C. 529). The rules shall provide

for the administration expenses of the pool to be paid from its

earnings and for the investment earnings in excess of the

expenses and all moneys collected as penalties to be credited

or paid monthly to the several participants in the pool in a

manner which equitably reflects the differing amounts of their

respective investments in the pool and the differing periods of

time for which those amounts were in the custody of the pool.

Also, the rules shall require the maintenance of records that

enable the Treasurer's office to produce a report for each

account in the pool at least annually that documents the

account balance and investment earnings. Notice of any proposed

amendments to the rules and regulations shall be provided to

all participants prior to adoption. Amendments to rules and

regulations shall apply only to contributions made after the

adoption of the amendment.

Upon creating the College Savings Pool, the State Treasurer

shall give bond with 2 or more sufficient sureties, payable to

and for the benefit of the participants in the College Savings

Pool, in the penal sum of $1,000,000, conditioned upon the

faithful discharge of his or her duties in relation to the

College Savings Pool.

(Source: P.A. 97-233, eff. 8-1-11; 97-537, eff. 8-23-11;

97-813, eff. 7-13-12.)

Section 95. The Civil Administrative Code of Illinois is

amended by changing Section 5-550 as follows:

(20 ILCS 5/5-550) (was 20 ILCS 5/6.23)

Sec. 5-550. In the Department of Human Services. A State

Rehabilitation Council, hereinafter referred to as the

Council, is hereby established for the purpose of complying

with the requirements of 34 CFR 361.16 and advising the

Secretary of Human Services and the vocational rehabilitation

administrator of the provisions of the federal Rehabilitation

Act of 1973 and the Americans with Disabilities Act of 1990 in

matters concerning individuals with disabilities and the

provision of vocational rehabilitation services. The Council

shall consist of members appointed by the Governor after

soliciting recommendations from organizations representing a

broad range of individuals with disabilities and organizations

interested in individuals with disabilities. However, the

Governor may delegate his appointing authority under this

Section to the Council by executive order.

The Council shall consist of the following appointed

members:

(1) One representative of a parent training center

established in accordance with the federal Individuals

with Disabilities Education Act.

(2) One representative of the Client Assistance

Program.

(3) One vocational rehabilitation counselor who has

knowledge of and experience with vocational rehabilitation

programs. If an employee of the Department of Human

Services is appointed under this item, then he or she shall

serve as an ex officio, nonvoting member.

(4) One representative of community rehabilitation

program service providers.

(5) Four representatives of business, industry, and

labor.

(6) At least two but not more than five representatives

of disability advocacy groups representing a cross section

of the following:

(A) individuals with physical, cognitive, sensory,

and mental disabilities; and

(B) parents, family members, guardians, advocates,

or authorized representative of individuals with

disabilities who have difficulty in representing

themselves or who are unable, due to their

disabilities, to represent themselves.

(7) One current or former applicant for, or recipient

of, vocational rehabilitation services.

(8) One representative from secondary or higher

education.

(9) One representative of the State Workforce

Investment Board.

(10) One representative of the Illinois State Board of

Education who is knowledgeable about the Individuals with

Disabilities Education Act.

(11) The chairperson of, or a member designated by, the

Statewide Independent Living Council established under

Section 12a of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act.

(12) The chairperson of, or a member designated by, the

Blind Services Planning Council established under Section

7 of the Bureau for the Blind Act.

(13) The vocational rehabilitation administrator, as

defined in Section 1b of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act, who

shall serve as an ex officio, nonvoting member.

The Council shall select a Chairperson.

The Chairperson and a majority of the members of the

Council shall be persons who are individuals with disabilities.

At least one member shall be a senior citizen age 60 or over,

and at least one member shall be at least 18 but not more than

25 years old. A majority of the Council members shall not be

employees of the Department of Human Services.

Members appointed to the Council for full terms on or after

the effective date of this amendatory Act of the 98th General

Assembly shall be appointed for terms of 3 years. No Council

member, other than the vocational rehabilitation administrator

and the representative of the Client Assistance Program, shall

serve for more than 2 consecutive terms as a representative of

one of the 13 enumerated categories. If an individual, other

than the vocational rehabilitation administrator and the

representative of the Client Assistance Program, has completed

2 consecutive terms and is eligible to seek appointment as a

representative of one of the other enumerated categories, then

that individual may be appointed to serve as a representative

of one of those other enumerated categories after a meaningful

break in Council service, as defined by the Council through its

by-laws.

Vacancies for unexpired terms shall be filled. Individuals

appointed by the appointing authority to fill an unexpired term

shall complete the remainder of the vacated term. When the

initial term of a person appointed to fill a vacancy is

completed, the individual appointed to fill that vacancy may be

re-appointed by the appointing authority to the vacated

position for one subsequent term.

If an excessive number of expired terms and vacated terms

combine to place an undue burden on the Council, the appointing

authority may appoint members for terms of 1, 2, or 3 years.

The appointing authority shall determine the terms of Council

members to ensure the number of terms expiring each year is as

close to equal as possible.

Notwithstanding the foregoing, a member who is serving on

the Council on the effective date of this amendatory Act of the

98th General Assembly and whose term expires as a result of the

changes made by this amendatory Act of the 98th General

Assembly may complete the unexpired portion of his or her term.

Members shall be reimbursed in accordance with State laws,

rules, and rates for expenses incurred in the performance of

their approved, Council-related duties, including expenses for

travel, child care, or personal assistance services. A member

who is not employed or who must forfeit wages from other

employment may be paid reasonable compensation, as determined

by the Department, for each day the member is engaged in

performing approved duties of the Council.

The Council shall meet at least 4 times per year at times

and places designated by the Chairperson upon 10 days written

notice to the members. Special meetings may be called by the

Chairperson or 7 members of the Council upon 7 days written

notice to the other members. Nine members shall constitute a

quorum. No member of the Council shall cast a vote on any

matter that would provide direct financial benefit to the

member or otherwise give the appearance of a conflict of

interest under Illinois law.

The Council shall prepare and submit to the vocational

rehabilitation administrator the reports and findings that the

vocational rehabilitation administrator may request or that

the Council deems fit. The Council shall select jointly with

the vocational rehabilitation administrator a pool of

qualified persons to serve as impartial hearing officers. The

Council shall, with the vocational rehabilitation unit in the

Department, jointly develop, agree to, and review annually

State goals and priorities and jointly submit annual reports of

progress to the federal Commissioner of the Rehabilitation

Services Administration.

To the extent that there is a disagreement between the

Council and the unit within the Department of Human Services

responsible for the administration of the vocational

rehabilitation program, regarding the resources necessary to

carry out the functions of the Council as set forth in this

Section, the disagreement shall be resolved by the Governor.

(Source: P.A. 98-76, eff. 7-15-13.)

Section 100. The Illinois Employment First Act is amended

by changing Section 10 as follows:

(20 ILCS 40/10)

Sec. 10. Definitions. As used in this Act:

"Competitive employment" means work in the competitive

labor market that is performed on a full-time or part-time

basis in an integrated setting and for which an individual is

compensated at or above the minimum wage, but not less than the

customary wage and level of benefits paid by the employer for

the same or similar work performed by individuals who are not

persons with disabilities disabled.

"Disability" has the meaning ascribed to that term in

Section 10 of the Disabilities Services Act of 2003.

"Integrated setting" means with respect to an employment

outcome, a setting typically found in the community in which

applicants or eligible individuals interact with individuals

without disabilities non-disabled individuals, other than

individuals without disabilities non-disabled individuals who

are providing services to those applicants or eligible

individuals, to the same extent that individuals without

disabilities non-disabled individuals in comparable positions

interact with other persons.

"State agency" means and includes all boards, commissions,

agencies, institutions, authorities, and bodies politic and

corporate of the State, created by or in accordance with the

Illinois Constitution or State statute, of the executive branch

of State government and does include colleges, universities,

public employee retirement systems, and institutions under the

jurisdiction of the governing boards of the University of

Illinois, Southern Illinois University, Illinois State

University, Eastern Illinois University, Northern Illinois

University, Western Illinois University, Chicago State

University, Governors State University, Northeastern Illinois

University, and the Illinois Board of Higher Education.

(Source: P.A. 98-91, eff. 7-16-13.)

Section 105. The Illinois Act on the Aging is amended by

changing Sections 4.02, 4.03, and 4.15 as follows:

(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)

(Text of Section before amendment by P.A. 98-1171)

Sec. 4.02. Community Care Program. The Department shall

establish a program of services to prevent unnecessary

institutionalization of persons age 60 and older in need of

long term care or who are established as persons who suffer

from Alzheimer's disease or a related disorder under the

Alzheimer's Disease Assistance Act, thereby enabling them to

remain in their own homes or in other living arrangements. Such

preventive services, which may be coordinated with other

programs for the aged and monitored by area agencies on aging

in cooperation with the Department, may include, but are not

limited to, any or all of the following:

(a) (blank);

(b) (blank);

(c) home care aide services;

(d) personal assistant services;

(e) adult day services;

(f) home-delivered meals;

(g) education in self-care;

(h) personal care services;

(i) adult day health services;

(j) habilitation services;

(k) respite care;

(k-5) community reintegration services;

(k-6) flexible senior services;

(k-7) medication management;

(k-8) emergency home response;

(l) other nonmedical social services that may enable

the person to become self-supporting; or

(m) clearinghouse for information provided by senior

citizen home owners who want to rent rooms to or share

living space with other senior citizens.

The Department shall establish eligibility standards for

such services. In determining the amount and nature of services

for which a person may qualify, consideration shall not be

given to the value of cash, property or other assets held in

the name of the person's spouse pursuant to a written agreement

dividing marital property into equal but separate shares or

pursuant to a transfer of the person's interest in a home to

his spouse, provided that the spouse's share of the marital

property is not made available to the person seeking such

services.

Beginning January 1, 2008, the Department shall require as

a condition of eligibility that all new financially eligible

applicants apply for and enroll in medical assistance under

Article V of the Illinois Public Aid Code in accordance with

rules promulgated by the Department.

The Department shall, in conjunction with the Department of

Public Aid (now Department of Healthcare and Family Services),

seek appropriate amendments under Sections 1915 and 1924 of the

Social Security Act. The purpose of the amendments shall be to

extend eligibility for home and community based services under

Sections 1915 and 1924 of the Social Security Act to persons

who transfer to or for the benefit of a spouse those amounts of

income and resources allowed under Section 1924 of the Social

Security Act. Subject to the approval of such amendments, the

Department shall extend the provisions of Section 5-4 of the

Illinois Public Aid Code to persons who, but for the provision

of home or community-based services, would require the level of

care provided in an institution, as is provided for in federal

law. Those persons no longer found to be eligible for receiving

noninstitutional services due to changes in the eligibility

criteria shall be given 45 days notice prior to actual

termination. Those persons receiving notice of termination may

contact the Department and request the determination be

appealed at any time during the 45 day notice period. The

target population identified for the purposes of this Section

are persons age 60 and older with an identified service need.

Priority shall be given to those who are at imminent risk of

institutionalization. The services shall be provided to

eligible persons age 60 and older to the extent that the cost

of the services together with the other personal maintenance

expenses of the persons are reasonably related to the standards

established for care in a group facility appropriate to the

person's condition. These non-institutional services, pilot

projects or experimental facilities may be provided as part of

or in addition to those authorized by federal law or those

funded and administered by the Department of Human Services.

The Departments of Human Services, Healthcare and Family

Services, Public Health, Veterans' Affairs, and Commerce and

Economic Opportunity and other appropriate agencies of State,

federal and local governments shall cooperate with the

Department on Aging in the establishment and development of the

non-institutional services. The Department shall require an

annual audit from all personal assistant and home care aide

vendors contracting with the Department under this Section. The

annual audit shall assure that each audited vendor's procedures

are in compliance with Department's financial reporting

guidelines requiring an administrative and employee wage and

benefits cost split as defined in administrative rules. The

audit is a public record under the Freedom of Information Act.

The Department shall execute, relative to the nursing home

prescreening project, written inter-agency agreements with the

Department of Human Services and the Department of Healthcare

and Family Services, to effect the following: (1) intake

procedures and common eligibility criteria for those persons

who are receiving non-institutional services; and (2) the

establishment and development of non-institutional services in

areas of the State where they are not currently available or

are undeveloped. On and after July 1, 1996, all nursing home

prescreenings for individuals 60 years of age or older shall be

conducted by the Department.

As part of the Department on Aging's routine training of

case managers and case manager supervisors, the Department may

include information on family futures planning for persons who

are age 60 or older and who are caregivers of their adult

children with developmental disabilities. The content of the

training shall be at the Department's discretion.

The Department is authorized to establish a system of

recipient copayment for services provided under this Section,

such copayment to be based upon the recipient's ability to pay

but in no case to exceed the actual cost of the services

provided. Additionally, any portion of a person's income which

is equal to or less than the federal poverty standard shall not

be considered by the Department in determining the copayment.

The level of such copayment shall be adjusted whenever

necessary to reflect any change in the officially designated

federal poverty standard.

The Department, or the Department's authorized

representative, may recover the amount of moneys expended for

services provided to or in behalf of a person under this

Section by a claim against the person's estate or against the

estate of the person's surviving spouse, but no recovery may be

had until after the death of the surviving spouse, if any, and

then only at such time when there is no surviving child who is

under age 21 or , blind or who has a permanent and total

disability , or permanently and totally disabled. This

paragraph, however, shall not bar recovery, at the death of the

person, of moneys for services provided to the person or in

behalf of the person under this Section to which the person was

not entitled; provided that such recovery shall not be enforced

against any real estate while it is occupied as a homestead by

the surviving spouse or other dependent, if no claims by other

creditors have been filed against the estate, or, if such

claims have been filed, they remain dormant for failure of

prosecution or failure of the claimant to compel administration

of the estate for the purpose of payment. This paragraph shall

not bar recovery from the estate of a spouse, under Sections

1915 and 1924 of the Social Security Act and Section 5-4 of the

Illinois Public Aid Code, who precedes a person receiving

services under this Section in death. All moneys for services

paid to or in behalf of the person under this Section shall be

claimed for recovery from the deceased spouse's estate.

"Homestead", as used in this paragraph, means the dwelling

house and contiguous real estate occupied by a surviving spouse

or relative, as defined by the rules and regulations of the

Department of Healthcare and Family Services, regardless of the

value of the property.

The Department shall increase the effectiveness of the

existing Community Care Program by:

(1) ensuring that in-home services included in the care

plan are available on evenings and weekends;

(2) ensuring that care plans contain the services that

eligible participants need based on the number of days in a

month, not limited to specific blocks of time, as

identified by the comprehensive assessment tool selected

by the Department for use statewide, not to exceed the

total monthly service cost maximum allowed for each

service; the Department shall develop administrative rules

to implement this item (2);

(3) ensuring that the participants have the right to

choose the services contained in their care plan and to

direct how those services are provided, based on

administrative rules established by the Department;

(4) ensuring that the determination of need tool is

accurate in determining the participants' level of need; to

achieve this, the Department, in conjunction with the Older

Adult Services Advisory Committee, shall institute a study

of the relationship between the Determination of Need

scores, level of need, service cost maximums, and the

development and utilization of service plans no later than

May 1, 2008; findings and recommendations shall be

presented to the Governor and the General Assembly no later

than January 1, 2009; recommendations shall include all

needed changes to the service cost maximums schedule and

additional covered services;

(5) ensuring that homemakers can provide personal care

services that may or may not involve contact with clients,

including but not limited to:

(A) bathing;

(B) grooming;

(C) toileting;

(D) nail care;

(E) transferring;

(F) respiratory services;

(G) exercise; or

(H) positioning;

(6) ensuring that homemaker program vendors are not

restricted from hiring homemakers who are family members of

clients or recommended by clients; the Department may not,

by rule or policy, require homemakers who are family

members of clients or recommended by clients to accept

assignments in homes other than the client;

(7) ensuring that the State may access maximum federal

matching funds by seeking approval for the Centers for

Medicare and Medicaid Services for modifications to the

State's home and community based services waiver and

additional waiver opportunities, including applying for

enrollment in the Balance Incentive Payment Program by May

1, 2013, in order to maximize federal matching funds; this

shall include, but not be limited to, modification that

reflects all changes in the Community Care Program services

and all increases in the services cost maximum;

(8) ensuring that the determination of need tool

accurately reflects the service needs of individuals with

Alzheimer's disease and related dementia disorders;

(9) ensuring that services are authorized accurately

and consistently for the Community Care Program (CCP); the

Department shall implement a Service Authorization policy

directive; the purpose shall be to ensure that eligibility

and services are authorized accurately and consistently in

the CCP program; the policy directive shall clarify service

authorization guidelines to Care Coordination Units and

Community Care Program providers no later than May 1, 2013;

(10) working in conjunction with Care Coordination

Units, the Department of Healthcare and Family Services,

the Department of Human Services, Community Care Program

providers, and other stakeholders to make improvements to

the Medicaid claiming processes and the Medicaid

enrollment procedures or requirements as needed,

including, but not limited to, specific policy changes or

rules to improve the up-front enrollment of participants in

the Medicaid program and specific policy changes or rules

to insure more prompt submission of bills to the federal

government to secure maximum federal matching dollars as

promptly as possible; the Department on Aging shall have at

least 3 meetings with stakeholders by January 1, 2014 in

order to address these improvements;

(11) requiring home care service providers to comply

with the rounding of hours worked provisions under the

federal Fair Labor Standards Act (FLSA) and as set forth in

29 CFR 785.48(b) by May 1, 2013;

(12) implementing any necessary policy changes or

promulgating any rules, no later than January 1, 2014, to

assist the Department of Healthcare and Family Services in

moving as many participants as possible, consistent with

federal regulations, into coordinated care plans if a care

coordination plan that covers long term care is available

in the recipient's area; and

(13) maintaining fiscal year 2014 rates at the same

level established on January 1, 2013.

By January 1, 2009 or as soon after the end of the Cash and

Counseling Demonstration Project as is practicable, the

Department may, based on its evaluation of the demonstration

project, promulgate rules concerning personal assistant

services, to include, but need not be limited to,

qualifications, employment screening, rights under fair labor

standards, training, fiduciary agent, and supervision

requirements. All applicants shall be subject to the provisions

of the Health Care Worker Background Check Act.

The Department shall develop procedures to enhance

availability of services on evenings, weekends, and on an

emergency basis to meet the respite needs of caregivers.

Procedures shall be developed to permit the utilization of

services in successive blocks of 24 hours up to the monthly

maximum established by the Department. Workers providing these

services shall be appropriately trained.

Beginning on the effective date of this Amendatory Act of

1991, no person may perform chore/housekeeping and home care

aide services under a program authorized by this Section unless

that person has been issued a certificate of pre-service to do

so by his or her employing agency. Information gathered to

effect such certification shall include (i) the person's name,

(ii) the date the person was hired by his or her current

employer, and (iii) the training, including dates and levels.

Persons engaged in the program authorized by this Section

before the effective date of this amendatory Act of 1991 shall

be issued a certificate of all pre- and in-service training

from his or her employer upon submitting the necessary

information. The employing agency shall be required to retain

records of all staff pre- and in-service training, and shall

provide such records to the Department upon request and upon

termination of the employer's contract with the Department. In

addition, the employing agency is responsible for the issuance

of certifications of in-service training completed to their

employees.

The Department is required to develop a system to ensure

that persons working as home care aides and personal assistants

receive increases in their wages when the federal minimum wage

is increased by requiring vendors to certify that they are

meeting the federal minimum wage statute for home care aides

and personal assistants. An employer that cannot ensure that

the minimum wage increase is being given to home care aides and

personal assistants shall be denied any increase in

reimbursement costs.

The Community Care Program Advisory Committee is created in

the Department on Aging. The Director shall appoint individuals

to serve in the Committee, who shall serve at their own

expense. Members of the Committee must abide by all applicable

ethics laws. The Committee shall advise the Department on

issues related to the Department's program of services to

prevent unnecessary institutionalization. The Committee shall

meet on a bi-monthly basis and shall serve to identify and

advise the Department on present and potential issues affecting

the service delivery network, the program's clients, and the

Department and to recommend solution strategies. Persons

appointed to the Committee shall be appointed on, but not

limited to, their own and their agency's experience with the

program, geographic representation, and willingness to serve.

The Director shall appoint members to the Committee to

represent provider, advocacy, policy research, and other

constituencies committed to the delivery of high quality home

and community-based services to older adults. Representatives

shall be appointed to ensure representation from community care

providers including, but not limited to, adult day service

providers, homemaker providers, case coordination and case

management units, emergency home response providers, statewide

trade or labor unions that represent home care aides and direct

care staff, area agencies on aging, adults over age 60,

membership organizations representing older adults, and other

organizational entities, providers of care, or individuals

with demonstrated interest and expertise in the field of home

and community care as determined by the Director.

Nominations may be presented from any agency or State

association with interest in the program. The Director, or his

or her designee, shall serve as the permanent co-chair of the

advisory committee. One other co-chair shall be nominated and

approved by the members of the committee on an annual basis.

Committee members' terms of appointment shall be for 4 years

with one-quarter of the appointees' terms expiring each year. A

member shall continue to serve until his or her replacement is

named. The Department shall fill vacancies that have a

remaining term of over one year, and this replacement shall

occur through the annual replacement of expiring terms. The

Director shall designate Department staff to provide technical

assistance and staff support to the committee. Department

representation shall not constitute membership of the

committee. All Committee papers, issues, recommendations,

reports, and meeting memoranda are advisory only. The Director,

or his or her designee, shall make a written report, as

requested by the Committee, regarding issues before the

Committee.

The Department on Aging and the Department of Human

Services shall cooperate in the development and submission of

an annual report on programs and services provided under this

Section. Such joint report shall be filed with the Governor and

the General Assembly on or before September 30 each year.

The requirement for reporting to the General Assembly shall

be satisfied by filing copies of the report with the Speaker,

the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader and the

Secretary of the Senate and the Legislative Research Unit, as

required by Section 3.1 of the General Assembly Organization

Act and filing such additional copies with the State Government

Report Distribution Center for the General Assembly as is

required under paragraph (t) of Section 7 of the State Library

Act.

Those persons previously found eligible for receiving

non-institutional services whose services were discontinued

under the Emergency Budget Act of Fiscal Year 1992, and who do

not meet the eligibility standards in effect on or after July

1, 1992, shall remain ineligible on and after July 1, 1992.

Those persons previously not required to cost-share and who

were required to cost-share effective March 1, 1992, shall

continue to meet cost-share requirements on and after July 1,

1992. Beginning July 1, 1992, all clients will be required to

meet eligibility, cost-share, and other requirements and will

have services discontinued or altered when they fail to meet

these requirements.

For the purposes of this Section, "flexible senior

services" refers to services that require one-time or periodic

expenditures including, but not limited to, respite care, home

modification, assistive technology, housing assistance, and

transportation.

The Department shall implement an electronic service

verification based on global positioning systems or other

cost-effective technology for the Community Care Program no

later than January 1, 2014.

The Department shall require, as a condition of

eligibility, enrollment in the medical assistance program

under Article V of the Illinois Public Aid Code (i) beginning

August 1, 2013, if the Auditor General has reported that the

Department has failed to comply with the reporting requirements

of Section 2-27 of the Illinois State Auditing Act; or (ii)

beginning June 1, 2014, if the Auditor General has reported

that the Department has not undertaken the required actions

listed in the report required by subsection (a) of Section 2-27

of the Illinois State Auditing Act.

The Department shall delay Community Care Program services

until an applicant is determined eligible for medical

assistance under Article V of the Illinois Public Aid Code (i)

beginning August 1, 2013, if the Auditor General has reported

that the Department has failed to comply with the reporting

requirements of Section 2-27 of the Illinois State Auditing

Act; or (ii) beginning June 1, 2014, if the Auditor General has

reported that the Department has not undertaken the required

actions listed in the report required by subsection (a) of

Section 2-27 of the Illinois State Auditing Act.

The Department shall implement co-payments for the

Community Care Program at the federally allowable maximum level

(i) beginning August 1, 2013, if the Auditor General has

reported that the Department has failed to comply with the

reporting requirements of Section 2-27 of the Illinois State

Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

General has reported that the Department has not undertaken the

required actions listed in the report required by subsection

(a) of Section 2-27 of the Illinois State Auditing Act.

The Department shall provide a bi-monthly report on the

progress of the Community Care Program reforms set forth in

this amendatory Act of the 98th General Assembly to the

Governor, the Speaker of the House of Representatives, the

Minority Leader of the House of Representatives, the President

of the Senate, and the Minority Leader of the Senate.

The Department shall conduct a quarterly review of Care

Coordination Unit performance and adherence to service

guidelines. The quarterly review shall be reported to the

Speaker of the House of Representatives, the Minority Leader of

the House of Representatives, the President of the Senate, and

the Minority Leader of the Senate. The Department shall collect

and report longitudinal data on the performance of each care

coordination unit. Nothing in this paragraph shall be construed

to require the Department to identify specific care

coordination units.

In regard to community care providers, failure to comply

with Department on Aging policies shall be cause for

disciplinary action, including, but not limited to,

disqualification from serving Community Care Program clients.

Each provider, upon submission of any bill or invoice to the

Department for payment for services rendered, shall include a

notarized statement, under penalty of perjury pursuant to

Section 1-109 of the Code of Civil Procedure, that the provider

has complied with all Department policies.

(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 4.02. Community Care Program. The Department shall

establish a program of services to prevent unnecessary

institutionalization of persons age 60 and older in need of

long term care or who are established as persons who suffer

from Alzheimer's disease or a related disorder under the

Alzheimer's Disease Assistance Act, thereby enabling them to

remain in their own homes or in other living arrangements. Such

preventive services, which may be coordinated with other

programs for the aged and monitored by area agencies on aging

in cooperation with the Department, may include, but are not

limited to, any or all of the following:

(a) (blank);

(b) (blank);

(c) home care aide services;

(d) personal assistant services;

(e) adult day services;

(f) home-delivered meals;

(g) education in self-care;

(h) personal care services;

(i) adult day health services;

(j) habilitation services;

(k) respite care;

(k-5) community reintegration services;

(k-6) flexible senior services;

(k-7) medication management;

(k-8) emergency home response;

(l) other nonmedical social services that may enable

the person to become self-supporting; or

(m) clearinghouse for information provided by senior

citizen home owners who want to rent rooms to or share

living space with other senior citizens.

The Department shall establish eligibility standards for

such services. In determining the amount and nature of services

for which a person may qualify, consideration shall not be

given to the value of cash, property or other assets held in

the name of the person's spouse pursuant to a written agreement

dividing marital property into equal but separate shares or

pursuant to a transfer of the person's interest in a home to

his spouse, provided that the spouse's share of the marital

property is not made available to the person seeking such

services.

Beginning January 1, 2008, the Department shall require as

a condition of eligibility that all new financially eligible

applicants apply for and enroll in medical assistance under

Article V of the Illinois Public Aid Code in accordance with

rules promulgated by the Department.

The Department shall, in conjunction with the Department of

Public Aid (now Department of Healthcare and Family Services),

seek appropriate amendments under Sections 1915 and 1924 of the

Social Security Act. The purpose of the amendments shall be to

extend eligibility for home and community based services under

Sections 1915 and 1924 of the Social Security Act to persons

who transfer to or for the benefit of a spouse those amounts of

income and resources allowed under Section 1924 of the Social

Security Act. Subject to the approval of such amendments, the

Department shall extend the provisions of Section 5-4 of the

Illinois Public Aid Code to persons who, but for the provision

of home or community-based services, would require the level of

care provided in an institution, as is provided for in federal

law. Those persons no longer found to be eligible for receiving

noninstitutional services due to changes in the eligibility

criteria shall be given 45 days notice prior to actual

termination. Those persons receiving notice of termination may

contact the Department and request the determination be

appealed at any time during the 45 day notice period. The

target population identified for the purposes of this Section

are persons age 60 and older with an identified service need.

Priority shall be given to those who are at imminent risk of

institutionalization. The services shall be provided to

eligible persons age 60 and older to the extent that the cost

of the services together with the other personal maintenance

expenses of the persons are reasonably related to the standards

established for care in a group facility appropriate to the

person's condition. These non-institutional services, pilot

projects or experimental facilities may be provided as part of

or in addition to those authorized by federal law or those

funded and administered by the Department of Human Services.

The Departments of Human Services, Healthcare and Family

Services, Public Health, Veterans' Affairs, and Commerce and

Economic Opportunity and other appropriate agencies of State,

federal and local governments shall cooperate with the

Department on Aging in the establishment and development of the

non-institutional services. The Department shall require an

annual audit from all personal assistant and home care aide

vendors contracting with the Department under this Section. The

annual audit shall assure that each audited vendor's procedures

are in compliance with Department's financial reporting

guidelines requiring an administrative and employee wage and

benefits cost split as defined in administrative rules. The

audit is a public record under the Freedom of Information Act.

The Department shall execute, relative to the nursing home

prescreening project, written inter-agency agreements with the

Department of Human Services and the Department of Healthcare

and Family Services, to effect the following: (1) intake

procedures and common eligibility criteria for those persons

who are receiving non-institutional services; and (2) the

establishment and development of non-institutional services in

areas of the State where they are not currently available or

are undeveloped. On and after July 1, 1996, all nursing home

prescreenings for individuals 60 years of age or older shall be

conducted by the Department.

As part of the Department on Aging's routine training of

case managers and case manager supervisors, the Department may

include information on family futures planning for persons who

are age 60 or older and who are caregivers of their adult

children with developmental disabilities. The content of the

training shall be at the Department's discretion.

The Department is authorized to establish a system of

recipient copayment for services provided under this Section,

such copayment to be based upon the recipient's ability to pay

but in no case to exceed the actual cost of the services

provided. Additionally, any portion of a person's income which

is equal to or less than the federal poverty standard shall not

be considered by the Department in determining the copayment.

The level of such copayment shall be adjusted whenever

necessary to reflect any change in the officially designated

federal poverty standard.

The Department, or the Department's authorized

representative, may recover the amount of moneys expended for

services provided to or in behalf of a person under this

Section by a claim against the person's estate or against the

estate of the person's surviving spouse, but no recovery may be

had until after the death of the surviving spouse, if any, and

then only at such time when there is no surviving child who is

under age 21 or , blind or who has a permanent and total

disability , or permanently and totally disabled. This

paragraph, however, shall not bar recovery, at the death of the

person, of moneys for services provided to the person or in

behalf of the person under this Section to which the person was

not entitled; provided that such recovery shall not be enforced

against any real estate while it is occupied as a homestead by

the surviving spouse or other dependent, if no claims by other

creditors have been filed against the estate, or, if such

claims have been filed, they remain dormant for failure of

prosecution or failure of the claimant to compel administration

of the estate for the purpose of payment. This paragraph shall

not bar recovery from the estate of a spouse, under Sections

1915 and 1924 of the Social Security Act and Section 5-4 of the

Illinois Public Aid Code, who precedes a person receiving

services under this Section in death. All moneys for services

paid to or in behalf of the person under this Section shall be

claimed for recovery from the deceased spouse's estate.

"Homestead", as used in this paragraph, means the dwelling

house and contiguous real estate occupied by a surviving spouse

or relative, as defined by the rules and regulations of the

Department of Healthcare and Family Services, regardless of the

value of the property.

The Department shall increase the effectiveness of the

existing Community Care Program by:

(1) ensuring that in-home services included in the care

plan are available on evenings and weekends;

(2) ensuring that care plans contain the services that

eligible participants need based on the number of days in a

month, not limited to specific blocks of time, as

identified by the comprehensive assessment tool selected

by the Department for use statewide, not to exceed the

total monthly service cost maximum allowed for each

service; the Department shall develop administrative rules

to implement this item (2);

(3) ensuring that the participants have the right to

choose the services contained in their care plan and to

direct how those services are provided, based on

administrative rules established by the Department;

(4) ensuring that the determination of need tool is

accurate in determining the participants' level of need; to

achieve this, the Department, in conjunction with the Older

Adult Services Advisory Committee, shall institute a study

of the relationship between the Determination of Need

scores, level of need, service cost maximums, and the

development and utilization of service plans no later than

May 1, 2008; findings and recommendations shall be

presented to the Governor and the General Assembly no later

than January 1, 2009; recommendations shall include all

needed changes to the service cost maximums schedule and

additional covered services;

(5) ensuring that homemakers can provide personal care

services that may or may not involve contact with clients,

including but not limited to:

(A) bathing;

(B) grooming;

(C) toileting;

(D) nail care;

(E) transferring;

(F) respiratory services;

(G) exercise; or

(H) positioning;

(6) ensuring that homemaker program vendors are not

restricted from hiring homemakers who are family members of

clients or recommended by clients; the Department may not,

by rule or policy, require homemakers who are family

members of clients or recommended by clients to accept

assignments in homes other than the client;

(7) ensuring that the State may access maximum federal

matching funds by seeking approval for the Centers for

Medicare and Medicaid Services for modifications to the

State's home and community based services waiver and

additional waiver opportunities, including applying for

enrollment in the Balance Incentive Payment Program by May

1, 2013, in order to maximize federal matching funds; this

shall include, but not be limited to, modification that

reflects all changes in the Community Care Program services

and all increases in the services cost maximum;

(8) ensuring that the determination of need tool

accurately reflects the service needs of individuals with

Alzheimer's disease and related dementia disorders;

(9) ensuring that services are authorized accurately

and consistently for the Community Care Program (CCP); the

Department shall implement a Service Authorization policy

directive; the purpose shall be to ensure that eligibility

and services are authorized accurately and consistently in

the CCP program; the policy directive shall clarify service

authorization guidelines to Care Coordination Units and

Community Care Program providers no later than May 1, 2013;

(10) working in conjunction with Care Coordination

Units, the Department of Healthcare and Family Services,

the Department of Human Services, Community Care Program

providers, and other stakeholders to make improvements to

the Medicaid claiming processes and the Medicaid

enrollment procedures or requirements as needed,

including, but not limited to, specific policy changes or

rules to improve the up-front enrollment of participants in

the Medicaid program and specific policy changes or rules

to insure more prompt submission of bills to the federal

government to secure maximum federal matching dollars as

promptly as possible; the Department on Aging shall have at

least 3 meetings with stakeholders by January 1, 2014 in

order to address these improvements;

(11) requiring home care service providers to comply

with the rounding of hours worked provisions under the

federal Fair Labor Standards Act (FLSA) and as set forth in

29 CFR 785.48(b) by May 1, 2013;

(12) implementing any necessary policy changes or

promulgating any rules, no later than January 1, 2014, to

assist the Department of Healthcare and Family Services in

moving as many participants as possible, consistent with

federal regulations, into coordinated care plans if a care

coordination plan that covers long term care is available

in the recipient's area; and

(13) maintaining fiscal year 2014 rates at the same

level established on January 1, 2013.

By January 1, 2009 or as soon after the end of the Cash and

Counseling Demonstration Project as is practicable, the

Department may, based on its evaluation of the demonstration

project, promulgate rules concerning personal assistant

services, to include, but need not be limited to,

qualifications, employment screening, rights under fair labor

standards, training, fiduciary agent, and supervision

requirements. All applicants shall be subject to the provisions

of the Health Care Worker Background Check Act.

The Department shall develop procedures to enhance

availability of services on evenings, weekends, and on an

emergency basis to meet the respite needs of caregivers.

Procedures shall be developed to permit the utilization of

services in successive blocks of 24 hours up to the monthly

maximum established by the Department. Workers providing these

services shall be appropriately trained.

Beginning on the effective date of this Amendatory Act of

1991, no person may perform chore/housekeeping and home care

aide services under a program authorized by this Section unless

that person has been issued a certificate of pre-service to do

so by his or her employing agency. Information gathered to

effect such certification shall include (i) the person's name,

(ii) the date the person was hired by his or her current

employer, and (iii) the training, including dates and levels.

Persons engaged in the program authorized by this Section

before the effective date of this amendatory Act of 1991 shall

be issued a certificate of all pre- and in-service training

from his or her employer upon submitting the necessary

information. The employing agency shall be required to retain

records of all staff pre- and in-service training, and shall

provide such records to the Department upon request and upon

termination of the employer's contract with the Department. In

addition, the employing agency is responsible for the issuance

of certifications of in-service training completed to their

employees.

The Department is required to develop a system to ensure

that persons working as home care aides and personal assistants

receive increases in their wages when the federal minimum wage

is increased by requiring vendors to certify that they are

meeting the federal minimum wage statute for home care aides

and personal assistants. An employer that cannot ensure that

the minimum wage increase is being given to home care aides and

personal assistants shall be denied any increase in

reimbursement costs.

The Community Care Program Advisory Committee is created in

the Department on Aging. The Director shall appoint individuals

to serve in the Committee, who shall serve at their own

expense. Members of the Committee must abide by all applicable

ethics laws. The Committee shall advise the Department on

issues related to the Department's program of services to

prevent unnecessary institutionalization. The Committee shall

meet on a bi-monthly basis and shall serve to identify and

advise the Department on present and potential issues affecting

the service delivery network, the program's clients, and the

Department and to recommend solution strategies. Persons

appointed to the Committee shall be appointed on, but not

limited to, their own and their agency's experience with the

program, geographic representation, and willingness to serve.

The Director shall appoint members to the Committee to

represent provider, advocacy, policy research, and other

constituencies committed to the delivery of high quality home

and community-based services to older adults. Representatives

shall be appointed to ensure representation from community care

providers including, but not limited to, adult day service

providers, homemaker providers, case coordination and case

management units, emergency home response providers, statewide

trade or labor unions that represent home care aides and direct

care staff, area agencies on aging, adults over age 60,

membership organizations representing older adults, and other

organizational entities, providers of care, or individuals

with demonstrated interest and expertise in the field of home

and community care as determined by the Director.

Nominations may be presented from any agency or State

association with interest in the program. The Director, or his

or her designee, shall serve as the permanent co-chair of the

advisory committee. One other co-chair shall be nominated and

approved by the members of the committee on an annual basis.

Committee members' terms of appointment shall be for 4 years

with one-quarter of the appointees' terms expiring each year. A

member shall continue to serve until his or her replacement is

named. The Department shall fill vacancies that have a

remaining term of over one year, and this replacement shall

occur through the annual replacement of expiring terms. The

Director shall designate Department staff to provide technical

assistance and staff support to the committee. Department

representation shall not constitute membership of the

committee. All Committee papers, issues, recommendations,

reports, and meeting memoranda are advisory only. The Director,

or his or her designee, shall make a written report, as

requested by the Committee, regarding issues before the

Committee.

The Department on Aging and the Department of Human

Services shall cooperate in the development and submission of

an annual report on programs and services provided under this

Section. Such joint report shall be filed with the Governor and

the General Assembly on or before September 30 each year.

The requirement for reporting to the General Assembly shall

be satisfied by filing copies of the report with the Speaker,

the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader and the

Secretary of the Senate and the Legislative Research Unit, as

required by Section 3.1 of the General Assembly Organization

Act and filing such additional copies with the State Government

Report Distribution Center for the General Assembly as is

required under paragraph (t) of Section 7 of the State Library

Act.

Those persons previously found eligible for receiving

non-institutional services whose services were discontinued

under the Emergency Budget Act of Fiscal Year 1992, and who do

not meet the eligibility standards in effect on or after July

1, 1992, shall remain ineligible on and after July 1, 1992.

Those persons previously not required to cost-share and who

were required to cost-share effective March 1, 1992, shall

continue to meet cost-share requirements on and after July 1,

1992. Beginning July 1, 1992, all clients will be required to

meet eligibility, cost-share, and other requirements and will

have services discontinued or altered when they fail to meet

these requirements.

For the purposes of this Section, "flexible senior

services" refers to services that require one-time or periodic

expenditures including, but not limited to, respite care, home

modification, assistive technology, housing assistance, and

transportation.

The Department shall implement an electronic service

verification based on global positioning systems or other

cost-effective technology for the Community Care Program no

later than January 1, 2014.

The Department shall require, as a condition of

eligibility, enrollment in the medical assistance program

under Article V of the Illinois Public Aid Code (i) beginning

August 1, 2013, if the Auditor General has reported that the

Department has failed to comply with the reporting requirements

of Section 2-27 of the Illinois State Auditing Act; or (ii)

beginning June 1, 2014, if the Auditor General has reported

that the Department has not undertaken the required actions

listed in the report required by subsection (a) of Section 2-27

of the Illinois State Auditing Act.

The Department shall delay Community Care Program services

until an applicant is determined eligible for medical

assistance under Article V of the Illinois Public Aid Code (i)

beginning August 1, 2013, if the Auditor General has reported

that the Department has failed to comply with the reporting

requirements of Section 2-27 of the Illinois State Auditing

Act; or (ii) beginning June 1, 2014, if the Auditor General has

reported that the Department has not undertaken the required

actions listed in the report required by subsection (a) of

Section 2-27 of the Illinois State Auditing Act.

The Department shall implement co-payments for the

Community Care Program at the federally allowable maximum level

(i) beginning August 1, 2013, if the Auditor General has

reported that the Department has failed to comply with the

reporting requirements of Section 2-27 of the Illinois State

Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

General has reported that the Department has not undertaken the

required actions listed in the report required by subsection

(a) of Section 2-27 of the Illinois State Auditing Act.

The Department shall provide a bi-monthly report on the

progress of the Community Care Program reforms set forth in

this amendatory Act of the 98th General Assembly to the

Governor, the Speaker of the House of Representatives, the

Minority Leader of the House of Representatives, the President

of the Senate, and the Minority Leader of the Senate.

The Department shall conduct a quarterly review of Care

Coordination Unit performance and adherence to service

guidelines. The quarterly review shall be reported to the

Speaker of the House of Representatives, the Minority Leader of

the House of Representatives, the President of the Senate, and

the Minority Leader of the Senate. The Department shall collect

and report longitudinal data on the performance of each care

coordination unit. Nothing in this paragraph shall be construed

to require the Department to identify specific care

coordination units.

In regard to community care providers, failure to comply

with Department on Aging policies shall be cause for

disciplinary action, including, but not limited to,

disqualification from serving Community Care Program clients.

Each provider, upon submission of any bill or invoice to the

Department for payment for services rendered, shall include a

notarized statement, under penalty of perjury pursuant to

Section 1-109 of the Code of Civil Procedure, that the provider

has complied with all Department policies.

The Director of the Department on Aging shall make

information available to the State Board of Elections as may be

required by an agreement the State Board of Elections has

entered into with a multi-state voter registration list

maintenance system.

(Source: P.A. 97-333, eff. 8-12-11; 98-8, eff. 5-3-13; 98-1171,

eff. 6-1-15.)

(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)

Sec. 4.03. The Department on Aging, in cooperation with the

Department of Human Services and any other appropriate State,

local or federal agency, shall, without regard to income

guidelines, establish a nursing home prescreening program to

determine whether Alzheimer's Disease and related disorders

victims, and persons who are deemed as blind or as a person

with a disability disabled as defined by the Social Security

Act and who are in need of long term care, may be

satisfactorily cared for in their homes through the use of home

and community based services. Responsibility for prescreening

shall be vested with case coordination units. Prescreening

shall occur: (i) when hospital discharge planners have advised

the case coordination unit of the imminent risk of nursing home

placement of a patient who meets the above criteria and in

advance of discharge of the patient; or (ii) when a case

coordination unit has been advised of the imminent risk of

nursing home placement of an individual in the community. The

individual who is prescreened shall be informed of all

appropriate options, including placement in a nursing home and

the availability of in-home and community-based services and

shall be advised of her or his right to refuse nursing home,

in-home, community-based, or all services. In addition, the

individual being prescreened shall be informed of spousal

impoverishment requirements, the need to submit financial

information to access services, and the consequences for

failure to do so in a form and manner developed jointly by the

Department on Aging, the Department of Human Services, and the

Department of Healthcare and Family Services. Case

coordination units under contract with the Department may

charge a fee for the prescreening provided under this Section

and the fee shall be no greater than the cost of such services

to the case coordination unit. At the time of each

prescreening, case coordination units shall provide

information regarding the Office of State Long Term Care

Ombudsman's Residents Right to Know database as authorized in

subsection (c-5) of Section 4.04.

(Source: P.A. 98-255, eff. 8-9-13.)

(20 ILCS 105/4.15)

Sec. 4.15. Eligibility determinations.

(a) The Department is authorized to make eligibility

determinations for benefits administered by other governmental

bodies based on the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act as

follows:

(i) for the Secretary of State with respect to reduced

fees paid by qualified vehicle owners under the Illinois

Vehicle Code;

(ii) for special districts that offer free fixed route

public transportation services for qualified older adults

under the Local Mass Transit District Act, the Metropolitan

Transit Authority Act, and the Regional Transportation

Authority Act; and

(iii) for special districts that offer transit

services for qualified individuals with disabilities under

the Local Mass Transit District Act, the Metropolitan

Transit Authority Act, and the Regional Transportation

Authority Act.

(b) The Department shall establish the manner by which

claimants shall apply for these benefits. The Department is

authorized to promulgate rules regarding the following

matters: the application cycle; the application process; the

content for an electronic application; required personal

identification information; acceptable proof of eligibility as

to age, disability status, marital status, residency, and

household income limits; household composition; calculating

income; use of social security numbers; duration of eligibility

determinations; and any other matters necessary for such

administrative operations.

(c) All information received by the Department from an

application or from any investigation to determine eligibility

for benefits shall be confidential, except for official

purposes.

(d) A person may not under any circumstances charge a fee

to a claimant for assistance in completing an application form

for these benefits.

(Source: P.A. 98-887, eff. 8-15-14.)

Section 110. The Illinois AgrAbility Act is amended by

changing Section 15 as follows:

(20 ILCS 235/15)

Sec. 15. Illinois AgrAbility Program established.

(a) Subject to appropriation, the Department, in

cooperation with the University of Illinois Extension, shall

contract with a non-profit disability service provider or other

entity that assists farmers with disabilities disabled

farmers, to establish and administer the Illinois AgrAbility

Program in order to assist individuals who are engaged in

farming or an agriculture-related activity and who have been

affected by disability.

(b) Services provided by the Illinois AgrAbility Program

shall include, but are not limited to, the following:

(1) A toll-free information and referral hotline.

(2) The establishment of networks with local

agricultural and rehabilitation professionals.

(3) The coordination of community resources.

(4) The establishment of networks with local

agricultural and health care professionals to help

identify individuals who may be eligible for assistance and

to help identify the best method of providing that

assistance.

(5) The provision of information on and assistance

regarding equipment modification.

(6) Job restructuring.

(7) The provision of information on and assistance

regarding the development of alternative jobs.

In order to provide these services, the Illinois AgrAbility

Program shall cooperate and share resources, facilities, and

employees with AgrAbility Unlimited, the University of

Illinois Extension, and the Office of Rehabilitation Services

of the Department of Human Services.

The costs of the program, including any related

administrative expenses from the Department, may be paid from

any funds specifically appropriated or otherwise available to

the Department for that purpose. The Department may pay the

costs of the Illinois AgrAbility program by making grants to

the operating entity, by making grants directly to service

providers, by paying reimbursements for services provided, or

in any other appropriate manner.

(c) The Department has the power to enter into any

agreements that are necessary and appropriate for the

establishment, operation, and funding of the Illinois

AgrAbility Program. The Department may adopt any rules that it

determines necessary for the establishment, operation, and

funding of the Illinois AgrAbility Program.

(Source: P.A. 94-216, eff. 7-14-05.)

Section 115. The Alcoholism and Other Drug Abuse and

Dependency Act is amended by changing Section 30-5 as follows:

(20 ILCS 301/30-5)

Sec. 30-5. Patients' rights established.

(a) For purposes of this Section, "patient" means any

person who is receiving or has received intervention, treatment

or aftercare services under this Act.

(b) No patient who is receiving or who has received

intervention, treatment or aftercare services under this Act

shall be deprived of any rights, benefits, or privileges

guaranteed by law, the Constitution of the United States of

America, or the Constitution of the State of Illinois solely

because of his status as a patient of a program.

(c) Persons who abuse or are dependent on alcohol or other

drugs who are also suffering from medical conditions shall not

be discriminated against in admission or treatment by any

hospital which receives support in any form from any program

supported in whole or in part by funds appropriated to any

State department or agency.

(d) Every patient shall have impartial access to services

without regard to race, religion, sex, ethnicity, age or

disability handicap.

(e) Patients shall be permitted the free exercise of

religion.

(f) Every patient's personal dignity shall be recognized in

the provision of services, and a patient's personal privacy

shall be assured and protected within the constraints of his

individual treatment plan.

(g) Treatment services shall be provided in the least

restrictive environment possible.

(h) Each patient shall be provided an individual treatment

plan, which shall be periodically reviewed and updated as

necessary.

(i) Every patient shall be permitted to participate in the

planning of his total care and medical treatment to the extent

that his condition permits.

(j) A person shall not be denied treatment solely because

he has withdrawn from treatment against medical advice on a

prior occasion or because he has relapsed after earlier

treatment or, when in medical crisis, because of inability to

pay.

(k) The patient in treatment shall be permitted visits by

family and significant others, unless such visits are

clinically contraindicated.

(l) A patient in treatment shall be allowed to conduct

private telephone conversations with family and friends unless

clinically contraindicated.

(m) A patient shall be permitted to send and receive mail

without hindrance, unless clinically contraindicated.

(n) A patient shall be permitted to manage his own

financial affairs unless he or his guardian, or if the patient

is a minor, his parent, authorizes another competent person to

do so.

(o) A patient shall be permitted to request the opinion of

a consultant at his own expense, or to request an in-house

review of a treatment plan, as provided in the specific

procedures of the provider. A treatment provider is not liable

for the negligence of any consultant.

(p) Unless otherwise prohibited by State or federal law,

every patient shall be permitted to obtain from his own

physician, the treatment provider or the treatment provider's

consulting physician complete and current information

concerning the nature of care, procedures and treatment which

he will receive.

(q) A patient shall be permitted to refuse to participate

in any experimental research or medical procedure without

compromising his access to other, non-experimental services.

Before a patient is placed in an experimental research or

medical procedure, the provider must first obtain his informed

written consent or otherwise comply with the federal

requirements regarding the protection of human subjects

contained in 45 C.F.R. Part 46.

(r) All medical treatment and procedures shall be

administered as ordered by a physician. In order to assure

compliance by the treatment program with all physician orders,

all new physician orders shall be reviewed by the treatment

program's staff within a reasonable period of time after such

orders have been issued. "Medical treatment and procedures"

means those services that can be ordered only by a physician

licensed to practice medicine in all of its branches in

Illinois.

(s) Every patient shall be permitted to refuse medical

treatment and to know the consequences of such action. Such

refusal by a patient shall free the treatment program from the

obligation to provide the treatment.

(t) Unless otherwise prohibited by State or federal law,

every patient, patient's guardian, or parent, if the patient is

a minor, shall be permitted to inspect and copy all clinical

and other records kept by the treatment program or by his

physician concerning his care and maintenance. The treatment

program or physician may charge a reasonable fee for the

duplication of a record.

(u) No owner, licensee, administrator, employee or agent of

a treatment program shall abuse or neglect a patient. It is the

duty of any program employee or agent who becomes aware of such

abuse or neglect to report it to the Department immediately.

(v) The administrator of a program may refuse access to the

program to any person if the actions of that person while in

the program are or could be injurious to the health and safety

of a patient or the program, or if the person seeks access to

the program for commercial purposes.

(w) A patient may be discharged from a program after he

gives the administrator written notice of his desire to be

discharged or upon completion of his prescribed course of

treatment. No patient shall be discharged or transferred

without the preparation of a post-treatment aftercare plan by

the program.

(x) Patients and their families or legal guardians shall

have the right to present complaints concerning the quality of

care provided to the patient, without threat of discharge or

reprisal in any form or manner whatsoever. The treatment

provider shall have in place a mechanism for receiving and

responding to such complaints, and shall inform the patient and

his family or legal guardian of this mechanism and how to use

it. The provider shall analyze any complaint received and, when

indicated, take appropriate corrective action. Every patient

and his family member or legal guardian who makes a complaint

shall receive a timely response from the provider which

substantively addresses the complaint. The provider shall

inform the patient and his family or legal guardian about other

sources of assistance if the provider has not resolved the

complaint to the satisfaction of the patient or his family or

legal guardian.

(y) A resident may refuse to perform labor at a program

unless such labor is a part of his individual treatment program

as documented in his clinical record.

(z) A person who is in need of treatment may apply for

voluntary admission to a treatment program in the manner and

with the rights provided for under regulations promulgated by

the Department. If a person is refused admission to a licensed

treatment program, the staff of the program, subject to rules

promulgated by the Department, shall refer the person to

another treatment or other appropriate program.

(aa) No patient shall be denied services based solely on

HIV status. Further, records and information governed by the

AIDS Confidentiality Act and the AIDS Confidentiality and

Testing Code (77 Ill. Adm. Code 697) shall be maintained in

accordance therewith.

(bb) Records of the identity, diagnosis, prognosis or

treatment of any patient maintained in connection with the

performance of any program or activity relating to alcohol or

other drug abuse or dependency education, early intervention,

intervention, training, treatment or rehabilitation which is

regulated, authorized, or directly or indirectly assisted by

any Department or agency of this State or under any provision

of this Act shall be confidential and may be disclosed only in

accordance with the provisions of federal law and regulations

concerning the confidentiality of alcohol and drug abuse

patient records as contained in 42 U.S.C. Sections 290dd-3 and

290ee-3 and 42 C.F.R. Part 2.

(1) The following are exempt from the confidentiality

protections set forth in 42 C.F.R. Section 2.12(c):

(A) Veteran's Administration records.

(B) Information obtained by the Armed Forces.

(C) Information given to qualified service

organizations.

(D) Communications within a program or between a

program and an entity having direct administrative

control over that program.

(E) Information given to law enforcement personnel

investigating a patient's commission of a crime on the

program premises or against program personnel.

(F) Reports under State law of incidents of

suspected child abuse and neglect; however,

confidentiality restrictions continue to apply to the

records and any follow-up information for disclosure

and use in civil or criminal proceedings arising from

the report of suspected abuse or neglect.

(2) If the information is not exempt, a disclosure can

be made only under the following circumstances:

(A) With patient consent as set forth in 42 C.F.R.

Sections 2.1(b)(1) and 2.31, and as consistent with

pertinent State law.

(B) For medical emergencies as set forth in 42

C.F.R. Sections 2.1(b)(2) and 2.51.

(C) For research activities as set forth in 42

C.F.R. Sections 2.1(b)(2) and 2.52.

(D) For audit evaluation activities as set forth in

42 C.F.R. Section 2.53.

(E) With a court order as set forth in 42 C.F.R.

Sections 2.61 through 2.67.

(3) The restrictions on disclosure and use of patient

information apply whether the holder of the information

already has it, has other means of obtaining it, is a law

enforcement or other official, has obtained a subpoena, or

asserts any other justification for a disclosure or use

which is not permitted by 42 C.F.R. Part 2. Any court

orders authorizing disclosure of patient records under

this Act must comply with the procedures and criteria set

forth in 42 C.F.R. Sections 2.64 and 2.65. Except as

authorized by a court order granted under this Section, no

record referred to in this Section may be used to initiate

or substantiate any charges against a patient or to conduct

any investigation of a patient.

(4) The prohibitions of this subsection shall apply to

records concerning any person who has been a patient,

regardless of whether or when he ceases to be a patient.

(5) Any person who discloses the content of any record

referred to in this Section except as authorized shall,

upon conviction, be guilty of a Class A misdemeanor.

(6) The Department shall prescribe regulations to

carry out the purposes of this subsection. These

regulations may contain such definitions, and may provide

for such safeguards and procedures, including procedures

and criteria for the issuance and scope of court orders, as

in the judgment of the Department are necessary or proper

to effectuate the purposes of this Section, to prevent

circumvention or evasion thereof, or to facilitate

compliance therewith.

(cc) Each patient shall be given a written explanation of

all the rights enumerated in this Section. If a patient is

unable to read such written explanation, it shall be read to

the patient in a language that the patient understands. A copy

of all the rights enumerated in this Section shall be posted in

a conspicuous place within the program where it may readily be

seen and read by program patients and visitors.

(dd) The program shall ensure that its staff is familiar

with and observes the rights and responsibilities enumerated in

this Section.

(Source: P.A. 90-655, eff. 7-30-98.)

Section 120. The Department of Central Management Services

Law of the Civil Administrative Code of Illinois is amended by

changing Section 405-300 as follows:

(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)

Sec. 405-300. Lease or purchase of facilities; training

programs.

(a) To lease or purchase office and storage space,

buildings, land, and other facilities for all State agencies,

authorities, boards, commissions, departments, institutions,

and bodies politic and all other administrative units or

outgrowths of the executive branch of State government except

the Constitutional officers, the State Board of Education and

the State colleges and universities and their governing bodies.

However, before leasing or purchasing any office or storage

space, buildings, land or other facilities in any municipality

the Department shall survey the existing State-owned and

State-leased property to make a determination of need.

The leases shall be for a term not to exceed 5 years,

except that the leases may contain a renewal clause subject to

acceptance by the State after that date or an option to

purchase. The purchases shall be made through contracts that

(i) may provide for the title to the property to transfer

immediately to the State or a trustee or nominee for the

benefit of the State, (ii) shall provide for the consideration

to be paid in installments to be made at stated intervals

during a certain term not to exceed 30 years from the date of

the contract, and (iii) may provide for the payment of interest

on the unpaid balance at a rate that does not exceed a rate

determined by adding 3 percentage points to the annual yield on

United States Treasury obligations of comparable maturity as

most recently published in the Wall Street Journal at the time

such contract is signed. The leases and purchase contracts

shall be and shall recite that they are subject to termination

and cancellation in any year for which the General Assembly

fails to make an appropriation to pay the rent or purchase

installments payable under the terms of the lease or purchase

contract. Additionally, the purchase contract shall specify

that title to the office and storage space, buildings, land,

and other facilities being acquired under the contract shall

revert to the Seller in the event of the failure of the General

Assembly to appropriate suitable funds. However, this

limitation on the term of the leases does not apply to leases

to and with the Illinois Building Authority, as provided for in

the Building Authority Act. Leases to and with that Authority

may be entered into for a term not to exceed 30 years and shall

be and shall recite that they are subject to termination and

cancellation in any year for which the General Assembly fails

to make an appropriation to pay the rent payable under the

terms of the lease. These limitations do not apply if the lease

or purchase contract contains a provision limiting the

liability for the payment of the rentals or installments

thereof solely to funds received from the Federal government.

(b) To lease from an airport authority office, aircraft

hangar, and service buildings constructed upon a public airport

under the Airport Authorities Act for the use and occupancy of

the State Department of Transportation. The lease may be

entered into for a term not to exceed 30 years.

(c) To establish training programs for teaching State

leasing procedures and practices to new employees of the

Department and to keep all employees of the Department informed

about current leasing practices and developments in the real

estate industry.

(d) To enter into an agreement with a municipality or

county to construct, remodel, or convert a structure for the

purposes of its serving as a correctional institution or

facility pursuant to paragraph (c) of Section 3-2-2 of the

Unified Code of Corrections.

(e) To enter into an agreement with a private individual,

trust, partnership, or corporation or a municipality or other

unit of local government, when authorized to do so by the

Department of Corrections, whereby that individual, trust,

partnership, or corporation or municipality or other unit of

local government will construct, remodel, or convert a

structure for the purposes of its serving as a correctional

institution or facility and then lease the structure to the

Department for the use of the Department of Corrections. A

lease entered into pursuant to the authority granted in this

subsection shall be for a term not to exceed 30 years but may

grant to the State the option to purchase the structure

outright.

The leases shall be and shall recite that they are subject

to termination and cancellation in any year for which the

General Assembly fails to make an appropriation to pay the rent

payable under the terms of the lease.

(f) On and after September 17, 1983, the powers granted to

the Department under this Section shall be exercised

exclusively by the Department, and no other State agency may

concurrently exercise any such power unless specifically

authorized otherwise by a later enacted law. This subsection is

not intended to impair any contract existing as of September

17, 1983.

However, no lease for more than 10,000 square feet of space

shall be executed unless the Director, in consultation with the

Executive Director of the Capital Development Board, has

certified that leasing is in the best interest of the State,

considering programmatic requirements, availability of vacant

State-owned space, the cost-benefits of purchasing or

constructing new space, and other criteria as he or she shall

determine. The Director shall not permit multiple leases for

less than 10,000 square feet to be executed in order to evade

this provision.

(g) To develop and implement, in cooperation with the

Interagency Energy Conservation Committee, a system for

evaluating energy consumption in facilities leased by the

Department, and to develop energy consumption standards for use

in evaluating prospective lease sites.

(h) (1) After June 1, 1998 (the effective date of Public

Act 90-520), the Department shall not enter into an

agreement for the installment purchase or lease purchase of

buildings, land, or facilities unless:

(A) the using agency certifies to the Department

that the agency reasonably expects that the building,

land, or facilities being considered for purchase will

meet a permanent space need;

(B) the building or facilities will be

substantially occupied by State agencies after

purchase (or after acceptance in the case of a build to

suit);

(C) the building or facilities shall be in new or

like new condition and have a remaining economic life

exceeding the term of the contract;

(D) no structural or other major building

component or system has a remaining economic life of

less than 10 years;

(E) the building, land, or facilities:

(i) is free of any identifiable environmental

hazard or

(ii) is subject to a management plan, provided

by the seller and acceptable to the State, to

address the known environmental hazard;

(F) the building, land, or facilities satisfy

applicable handicap accessibility and applicable

building codes; and

(G) the State's cost to lease purchase or

installment purchase the building, land, or facilities

is less than the cost to lease space of comparable

quality, size, and location over the lease purchase or

installment purchase term.

(2) The Department shall establish the methodology for

comparing lease costs to the costs of installment or lease

purchases. The cost comparison shall take into account all

relevant cost factors, including, but not limited to, debt

service, operating and maintenance costs, insurance and

risk costs, real estate taxes, reserves for replacement and

repairs, security costs, and utilities. The methodology

shall also provide:

(A) that the comparison will be made using level

payment plans; and

(B) that a purchase price must not exceed the fair

market value of the buildings, land, or facilities and

that the purchase price must be substantiated by an

appraisal or by a competitive selection process.

(3) If the Department intends to enter into an

installment purchase or lease purchase agreement for

buildings, land, or facilities under circumstances that do

not satisfy the conditions specified by this Section, it

must issue a notice to the Secretary of the Senate and the

Clerk of the House. The notice shall contain (i) specific

details of the State's proposed purchase, including the

amounts, purposes, and financing terms; (ii) a specific

description of how the proposed purchase varies from the

procedures set forth in this Section; and (iii) a specific

justification, signed by the Director, stating why it is in

the State's best interests to proceed with the purchase.

The Department may not proceed with such an installment

purchase or lease purchase agreement if, within 60 calendar

days after delivery of the notice, the General Assembly, by

joint resolution, disapproves the transaction. Delivery

may take place on a day and at an hour when the Senate and

House are not in session so long as the offices of

Secretary and Clerk are open to receive the notice. In

determining the 60-day period within which the General

Assembly must act, the day on which delivery is made to the

Senate and House shall not be counted. If delivery of the

notice to the 2 houses occurs on different days, the 60-day

period shall begin on the day following the later delivery.

(4) On or before February 15 of each year, the

Department shall submit an annual report to the Director of

the Governor's Office of Management and Budget and the

General Assembly regarding installment purchases or lease

purchases of buildings, land, or facilities that were

entered into during the preceding calendar year. The report

shall include a summary statement of the aggregate amount

of the State's obligations under those purchases; specific

details pertaining to each purchase, including the

amounts, purposes, and financing terms and payment

schedule for each purchase; and any other matter that the

Department deems advisable.

The requirement for reporting to the General Assembly

shall be satisfied by filing copies of the report with the

Auditor General, the Speaker, the Minority Leader, and the

Clerk of the House of Representatives and the President,

the Minority Leader, and the Secretary of the Senate, the

Chairs of the Appropriations Committees, and the

Legislative Research Unit, as required by Section 3.1 of

the General Assembly Organization Act, and filing

additional copies with the State Government Report

Distribution Center for the General Assembly as is required

under paragraph (t) of Section 7 of the State Library Act.

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

Section 125. The Federal Surplus Property Act is amended by

changing Section 2 as follows:

(20 ILCS 430/2) (from Ch. 127, par. 176d2)

Sec. 2. Authority and Duties of the State Agency for

Federal Surplus Property.

(a) The State Agency for Federal Surplus Property is hereby

authorized and empowered (1) to acquire from the United States

of America under and in conformance with the provisions of

paragraph (j) of Section 203 of the Federal Property and

Administrative Services Act of 1949, as amended, hereinafter

referred to as the "Federal Act", such property, including

equipment, materials, books, or other supplies under the

control of any department or agency of the United States of

America as may be useable and necessary for distribution to any

public agency for use in carrying out or promoting for the

residents of a given political area one or more public

purposes, such as conservation, economic development,

education, parks and recreation, public health, and public

safety; or to nonprofit educational or public health

institutions or organizations, such as medical institutions,

hospitals, clinics, health centers, schools, colleges,

universities, schools for persons with physical disabilities

the physically handicapped, child care centers, radio and

television stations licensed by the Federal Communications

Commission as educational radio or educational television

stations, museums attended by the public, and libraries serving

free all residents of a community, district, State, or region,

which are exempt from taxation under Section 501 of the

Internal Revenue Code of 1954, for purposes of education or

public health, including research for any such purpose; and for

such other purposes as may now or hereafter be authorized by

Federal law; (2) to warehouse such property; or if so requested

by the recipient, to arrange shipment of that property, when

acquired, directly to the recipient.

(b) The State Agency for Federal Surplus Property is hereby

authorized to receive applications from eligible health and

educational institutions for the acquisition of Federal

surplus real property, investigate the same, obtain expression

of views respecting such applications from the appropriate

health or educational authorities of the State, make

recommendations regarding the need of such applicant for the

property, the merits of its proposed program of utilization,

the suitability of the property for such purposes, and

otherwise assist in the processing of such applications for

acquisition of real and related personal property of the United

States under paragraph (k) of Section 203 of the Federal Act.

(c) For the purpose of executing its authority under this

Act, the State Agency for Federal Surplus Property is

authorized and empowered to adopt, amend, or rescind such rules

and regulations and prescribe such requirements as may be

deemed necessary; and take such other action as is deemed

necessary and suitable, in the administration of this Act, and

to provide for the fair and equitable distribution of property

within the State based on the relative needs and resources of

interested public agencies and other eligible institutions

within the State and their abilities to utilize the property.

(d) The State Agency for Federal Surplus Property is

authorized and empowered to make such certifications, take such

action, make such expenditures, require such reports and make

such investigations as may be required by law or regulation of

the United States of America in connection with the disposal of

real property and the receipt, warehousing, and distribution of

personal property received by the State Agency for Federal

Surplus Property from the United States of America and to enter

into contracts, agreements and undertakings for and in the name

of the State (including cooperative agreements with any Federal

agencies providing for utilization by and exchange between

them, without reimbursement, of the property, facilities,

personnel and services of each by the other, and agreements

with other State Agencies for Federal Surplus Property and with

associations or groups of such State Agencies.)

(e) The State Agency for Federal Surplus Property is

authorized and empowered to act as a clearing house of

information for the public and private nonprofit institutions,

organizations and agencies referred to in subparagraph (3) of

Section 2 of this Act and other institutions eligible to

acquire Federal surplus real property, to locate both real and

personal property available for acquisition from the United

States of America, to ascertain the terms and conditions under

which such property may be obtained, to receive requests from

the above mentioned institutions, organizations and agencies

and to transmit to them all available information in reference

to such property, and to aid and assist such institutions,

organizations and agencies in every way possible in the

consummation of acquisitions or transactions hereunder.

(f) The State Agency for Federal Surplus Property, in the

administration of this Act, shall cooperate to the fullest

extent consistent with the provisions of the Federal Act, with

the Administrator of the General Services Administration and

shall file a State plan of operation, operate in accordance

therewith, and take such action as may be necessary to meet the

minimum standards prescribed in accordance with the Federal

Act, and make such reports in such form and containing such

information as the United States of America or any of its

departments or agencies may from time to time require, and it

shall comply with the laws of the United States of America and

the rules and regulations of any of the departments or agencies

of the United States of America governing the allocation,

transfer and use of, or account for, property donable or

donated to eligible donees in the State.

(Source: P.A. 81-1509.)

Section 130. The Children and Family Services Act is

amended by changing Sections 5, 7, 12.1, and 12.2 as follows:

(20 ILCS 505/5) (from Ch. 23, par. 5005)

Sec. 5. Direct child welfare services; Department of

Children and Family Services. To provide direct child welfare

services when not available through other public or private

child care or program facilities.

(a) For purposes of this Section:

(1) "Children" means persons found within the State who

are under the age of 18 years. The term also includes

persons under age 21 who:

(A) were committed to the Department pursuant to

the Juvenile Court Act or the Juvenile Court Act of

1987, as amended, prior to the age of 18 and who

continue under the jurisdiction of the court; or

(B) were accepted for care, service and training by

the Department prior to the age of 18 and whose best

interest in the discretion of the Department would be

served by continuing that care, service and training

because of severe emotional disturbances, physical

disability, social adjustment or any combination

thereof, or because of the need to complete an

educational or vocational training program.

(2) "Homeless youth" means persons found within the

State who are under the age of 19, are not in a safe and

stable living situation and cannot be reunited with their

families.

(3) "Child welfare services" means public social

services which are directed toward the accomplishment of

the following purposes:

(A) protecting and promoting the health, safety

and welfare of children, including homeless, dependent

or neglected children;

(B) remedying, or assisting in the solution of

problems which may result in, the neglect, abuse,

exploitation or delinquency of children;

(C) preventing the unnecessary separation of

children from their families by identifying family

problems, assisting families in resolving their

problems, and preventing the breakup of the family

where the prevention of child removal is desirable and

possible when the child can be cared for at home

without endangering the child's health and safety;

(D) restoring to their families children who have

been removed, by the provision of services to the child

and the families when the child can be cared for at

home without endangering the child's health and

safety;

(E) placing children in suitable adoptive homes,

in cases where restoration to the biological family is

not safe, possible or appropriate;

(F) assuring safe and adequate care of children

away from their homes, in cases where the child cannot

be returned home or cannot be placed for adoption. At

the time of placement, the Department shall consider

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

of this Section so that permanency may occur at the

earliest opportunity. Consideration should be given so

that if reunification fails or is delayed, the

placement made is the best available placement to

provide permanency for the child;

(G) (blank);

(H) (blank); and

(I) placing and maintaining children in facilities

that provide separate living quarters for children

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

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

last year of high school education or vocational

training, in an approved individual or group treatment

program, in a licensed shelter facility, or secure

child care facility. The Department is not required to

place or maintain children:

(i) who are in a foster home, or

(ii) who are persons with a developmental

disability, as defined in the Mental Health and

Developmental Disabilities Code, or

(iii) who are female children who are

pregnant, pregnant and parenting or parenting, or

(iv) who are siblings, in facilities that

provide separate living quarters for children 18

years of age and older and for children under 18

years of age.

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

the expenditure of public funds for the purpose of performing

abortions.

(c) The Department shall establish and maintain

tax-supported child welfare services and extend and seek to

improve voluntary services throughout the State, to the end

that services and care shall be available on an equal basis

throughout the State to children requiring such services.

(d) The Director may authorize advance disbursements for

any new program initiative to any agency contracting with the

Department. As a prerequisite for an advance disbursement, the

contractor must post a surety bond in the amount of the advance

disbursement and have a purchase of service contract approved

by the Department. The Department may pay up to 2 months

operational expenses in advance. The amount of the advance

disbursement shall be prorated over the life of the contract or

the remaining months of the fiscal year, whichever is less, and

the installment amount shall then be deducted from future

bills. Advance disbursement authorizations for new initiatives

shall not be made to any agency after that agency has operated

during 2 consecutive fiscal years. The requirements of this

Section concerning advance disbursements shall not apply with

respect to the following: payments to local public agencies for

child day care services as authorized by Section 5a of this

Act; and youth service programs receiving grant funds under

Section 17a-4.

(e) (Blank).

(f) (Blank).

(g) The Department shall establish rules and regulations

concerning its operation of programs designed to meet the goals

of child safety and protection, family preservation, family

reunification, and adoption, including but not limited to:

(1) adoption;

(2) foster care;

(3) family counseling;

(4) protective services;

(5) (blank);

(6) homemaker service;

(7) return of runaway children;

(8) (blank);

(9) placement under Section 5-7 of the Juvenile Court

Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

Court Act of 1987 in accordance with the federal Adoption

Assistance and Child Welfare Act of 1980; and

(10) interstate services.

Rules and regulations established by the Department shall

include provisions for training Department staff and the staff

of Department grantees, through contracts with other agencies

or resources, in alcohol and drug abuse screening techniques

approved by the Department of Human Services, as a successor to

the Department of Alcoholism and Substance Abuse, for the

purpose of identifying children and adults who should be

referred to an alcohol and drug abuse treatment program for

professional evaluation.

(h) If the Department finds that there is no appropriate

program or facility within or available to the Department for a

ward and that no licensed private facility has an adequate and

appropriate program or none agrees to accept the ward, the

Department shall create an appropriate individualized,

program-oriented plan for such ward. The plan may be developed

within the Department or through purchase of services by the

Department to the extent that it is within its statutory

authority to do.

(i) Service programs shall be available throughout the

State and shall include but not be limited to the following

services:

(1) case management;

(2) homemakers;

(3) counseling;

(4) parent education;

(5) day care; and

(6) emergency assistance and advocacy.

In addition, the following services may be made available

to assess and meet the needs of children and families:

(1) comprehensive family-based services;

(2) assessments;

(3) respite care; and

(4) in-home health services.

The Department shall provide transportation for any of the

services it makes available to children or families or for

which it refers children or families.

(j) The Department may provide categories of financial

assistance and education assistance grants, and shall

establish rules and regulations concerning the assistance and

grants, to persons who adopt children with physical or mental

disabilities, children who are older, or physically or mentally

handicapped, older and other hard-to-place children who (i)

immediately prior to their adoption were legal wards of the

Department or (ii) were determined eligible for financial

assistance with respect to a prior adoption and who become

available for adoption because the prior adoption has been

dissolved and the parental rights of the adoptive parents have

been terminated or because the child's adoptive parents have

died. The Department may continue to provide financial

assistance and education assistance grants for a child who was

determined eligible for financial assistance under this

subsection (j) in the interim period beginning when the child's

adoptive parents died and ending with the finalization of the

new adoption of the child by another adoptive parent or

parents. The Department may also provide categories of

financial assistance and education assistance grants, and

shall establish rules and regulations for the assistance and

grants, to persons appointed guardian of the person under

Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

4-25 or 5-740 of the Juvenile Court Act of 1987 for children

who were wards of the Department for 12 months immediately

prior to the appointment of the guardian.

The amount of assistance may vary, depending upon the needs

of the child and the adoptive parents, as set forth in the

annual assistance agreement. Special purpose grants are

allowed where the child requires special service but such costs

may not exceed the amounts which similar services would cost

the Department if it were to provide or secure them as guardian

of the child.

Any financial assistance provided under this subsection is

inalienable by assignment, sale, execution, attachment,

garnishment, or any other remedy for recovery or collection of

a judgment or debt.

(j-5) The Department shall not deny or delay the placement

of a child for adoption if an approved family is available

either outside of the Department region handling the case, or

outside of the State of Illinois.

(k) The Department shall accept for care and training any

child who has been adjudicated neglected or abused, or

dependent committed to it pursuant to the Juvenile Court Act or

the Juvenile Court Act of 1987.

(l) The Department shall offer family preservation

services, as defined in Section 8.2 of the Abused and Neglected

Child Reporting Act, to help families, including adoptive and

extended families. Family preservation services shall be

offered (i) to prevent the placement of children in substitute

care when the children can be cared for at home or in the

custody of the person responsible for the children's welfare,

(ii) to reunite children with their families, or (iii) to

maintain an adoptive placement. Family preservation services

shall only be offered when doing so will not endanger the

children's health or safety. With respect to children who are

in substitute care pursuant to the Juvenile Court Act of 1987,

family preservation services shall not be offered if a goal

other than those of subdivisions (A), (B), or (B-1) of

subsection (2) of Section 2-28 of that Act has been set.

Nothing in this paragraph shall be construed to create a

private right of action or claim on the part of any individual

or child welfare agency, except that when a child is the

subject of an action under Article II of the Juvenile Court Act

of 1987 and the child's service plan calls for services to

facilitate achievement of the permanency goal, the court

hearing the action under Article II of the Juvenile Court Act

of 1987 may order the Department to provide the services set

out in the plan, if those services are not provided with

reasonable promptness and if those services are available.

The Department shall notify the child and his family of the

Department's responsibility to offer and provide family

preservation services as identified in the service plan. The

child and his family shall be eligible for services as soon as

the report is determined to be "indicated". The Department may

offer services to any child or family with respect to whom a

report of suspected child abuse or neglect has been filed,

prior to concluding its investigation under Section 7.12 of the

Abused and Neglected Child Reporting Act. However, the child's

or family's willingness to accept services shall not be

considered in the investigation. The Department may also

provide services to any child or family who is the subject of

any report of suspected child abuse or neglect or may refer

such child or family to services available from other agencies

in the community, even if the report is determined to be

unfounded, if the conditions in the child's or family's home

are reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of such

services shall be voluntary. The Department may also provide

services to any child or family after completion of a family

assessment, as an alternative to an investigation, as provided

under the "differential response program" provided for in

subsection (a-5) of Section 7.4 of the Abused and Neglected

Child Reporting Act.

The Department may, at its discretion except for those

children also adjudicated neglected or dependent, accept for

care and training any child who has been adjudicated addicted,

as a truant minor in need of supervision or as a minor

requiring authoritative intervention, under the Juvenile Court

Act or the Juvenile Court Act of 1987, but no such child shall

be committed to the Department by any court without the

approval of the Department. On and after the effective date of

this amendatory Act of the 98th General Assembly and before

January 1, 2017, a minor charged with a criminal offense under

the Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor

less than 16 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition to

reinstate wardship pursuant to subsection (2) of Section 2-33

of the Juvenile Court Act of 1987. On and after January 1,

2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department by any court, except (i) a minor

less than 15 years of age committed to the Department under

Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

for whom an independent basis of abuse, neglect, or dependency

exists, which must be defined by departmental rule, or (iii) a

minor for whom the court has granted a supplemental petition to

reinstate wardship pursuant to subsection (2) of Section 2-33

of the Juvenile Court Act of 1987. An independent basis exists

when the allegations or adjudication of abuse, neglect, or

dependency do not arise from the same facts, incident, or

circumstances which give rise to a charge or adjudication of

delinquency.

As soon as is possible after August 7, 2009 (the effective

date of Public Act 96-134), the Department shall develop and

implement a special program of family preservation services to

support intact, foster, and adoptive families who are

experiencing extreme hardships due to the difficulty and stress

of caring for a child who has been diagnosed with a pervasive

developmental disorder if the Department determines that those

services are necessary to ensure the health and safety of the

child. The Department may offer services to any family whether

or not a report has been filed under the Abused and Neglected

Child Reporting Act. The Department may refer the child or

family to services available from other agencies in the

community if the conditions in the child's or family's home are

reasonably likely to subject the child or family to future

reports of suspected child abuse or neglect. Acceptance of

these services shall be voluntary. The Department shall develop

and implement a public information campaign to alert health and

social service providers and the general public about these

special family preservation services. The nature and scope of

the services offered and the number of families served under

the special program implemented under this paragraph shall be

determined by the level of funding that the Department annually

allocates for this purpose. The term "pervasive developmental

disorder" under this paragraph means a neurological condition,

including but not limited to, Asperger's Syndrome and autism,

as defined in the most recent edition of the Diagnostic and

Statistical Manual of Mental Disorders of the American

Psychiatric Association.

(l-1) The legislature recognizes that the best interests of

the child require that the child be placed in the most

permanent living arrangement as soon as is practically

possible. To achieve this goal, the legislature directs the

Department of Children and Family Services to conduct

concurrent planning so that permanency may occur at the

earliest opportunity. Permanent living arrangements may

include prevention of placement of a child outside the home of

the family when the child can be cared for at home without

endangering the child's health or safety; reunification with

the family, when safe and appropriate, if temporary placement

is necessary; or movement of the child toward the most

permanent living arrangement and permanent legal status.

When determining reasonable efforts to be made with respect

to a child, as described in this subsection, and in making such

reasonable efforts, the child's health and safety shall be the

paramount concern.

When a child is placed in foster care, the Department shall

ensure and document that reasonable efforts were made to

prevent or eliminate the need to remove the child from the

child's home. The Department must make reasonable efforts to

reunify the family when temporary placement of the child occurs

unless otherwise required, pursuant to the Juvenile Court Act

of 1987. At any time after the dispositional hearing where the

Department believes that further reunification services would

be ineffective, it may request a finding from the court that

reasonable efforts are no longer appropriate. The Department is

not required to provide further reunification services after

such a finding.

A decision to place a child in substitute care shall be

made with considerations of the child's health, safety, and

best interests. At the time of placement, consideration should

also be given so that if reunification fails or is delayed, the

placement made is the best available placement to provide

permanency for the child.

The Department shall adopt rules addressing concurrent

planning for reunification and permanency. The Department

shall consider the following factors when determining

appropriateness of concurrent planning:

(1) the likelihood of prompt reunification;

(2) the past history of the family;

(3) the barriers to reunification being addressed by

the family;

(4) the level of cooperation of the family;

(5) the foster parents' willingness to work with the

family to reunite;

(6) the willingness and ability of the foster family to

provide an adoptive home or long-term placement;

(7) the age of the child;

(8) placement of siblings.

(m) The Department may assume temporary custody of any

child if:

(1) it has received a written consent to such temporary

custody signed by the parents of the child or by the parent

having custody of the child if the parents are not living

together or by the guardian or custodian of the child if

the child is not in the custody of either parent, or

(2) the child is found in the State and neither a

parent, guardian nor custodian of the child can be located.

If the child is found in his or her residence without a parent,

guardian, custodian or responsible caretaker, the Department

may, instead of removing the child and assuming temporary

custody, place an authorized representative of the Department

in that residence until such time as a parent, guardian or

custodian enters the home and expresses a willingness and

apparent ability to ensure the child's health and safety and

resume permanent charge of the child, or until a relative

enters the home and is willing and able to ensure the child's

health and safety and assume charge of the child until a

parent, guardian or custodian enters the home and expresses

such willingness and ability to ensure the child's safety and

resume permanent charge. After a caretaker has remained in the

home for a period not to exceed 12 hours, the Department must

follow those procedures outlined in Section 2-9, 3-11, 4-8, or

5-415 of the Juvenile Court Act of 1987.

The Department shall have the authority, responsibilities

and duties that a legal custodian of the child would have

pursuant to subsection (9) of Section 1-3 of the Juvenile Court

Act of 1987. Whenever a child is taken into temporary custody

pursuant to an investigation under the Abused and Neglected

Child Reporting Act, or pursuant to a referral and acceptance

under the Juvenile Court Act of 1987 of a minor in limited

custody, the Department, during the period of temporary custody

and before the child is brought before a judicial officer as

required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile

Court Act of 1987, shall have the authority, responsibilities

and duties that a legal custodian of the child would have under

subsection (9) of Section 1-3 of the Juvenile Court Act of

1987.

The Department shall ensure that any child taken into

custody is scheduled for an appointment for a medical

examination.

A parent, guardian or custodian of a child in the temporary

custody of the Department who would have custody of the child

if he were not in the temporary custody of the Department may

deliver to the Department a signed request that the Department

surrender the temporary custody of the child. The Department

may retain temporary custody of the child for 10 days after the

receipt of the request, during which period the Department may

cause to be filed a petition pursuant to the Juvenile Court Act

of 1987. If a petition is so filed, the Department shall retain

temporary custody of the child until the court orders

otherwise. If a petition is not filed within the 10 day period,

the child shall be surrendered to the custody of the requesting

parent, guardian or custodian not later than the expiration of

the 10 day period, at which time the authority and duties of

the Department with respect to the temporary custody of the

child shall terminate.

(m-1) The Department may place children under 18 years of

age in a secure child care facility licensed by the Department

that cares for children who are in need of secure living

arrangements for their health, safety, and well-being after a

determination is made by the facility director and the Director

or the Director's designate prior to admission to the facility

subject to Section 2-27.1 of the Juvenile Court Act of 1987.

This subsection (m-1) does not apply to a child who is subject

to placement in a correctional facility operated pursuant to

Section 3-15-2 of the Unified Code of Corrections, unless the

child is a ward who was placed under the care of the Department

before being subject to placement in a correctional facility

and a court of competent jurisdiction has ordered placement of

the child in a secure care facility.

(n) The Department may place children under 18 years of age

in licensed child care facilities when in the opinion of the

Department, appropriate services aimed at family preservation

have been unsuccessful and cannot ensure the child's health and

safety or are unavailable and such placement would be for their

best interest. Payment for board, clothing, care, training and

supervision of any child placed in a licensed child care

facility may be made by the Department, by the parents or

guardians of the estates of those children, or by both the

Department and the parents or guardians, except that no

payments shall be made by the Department for any child placed

in a licensed child care facility for board, clothing, care,

training and supervision of such a child that exceed the

average per capita cost of maintaining and of caring for a

child in institutions for dependent or neglected children

operated by the Department. However, such restriction on

payments does not apply in cases where children require

specialized care and treatment for problems of severe emotional

disturbance, physical disability, social adjustment, or any

combination thereof and suitable facilities for the placement

of such children are not available at payment rates within the

limitations set forth in this Section. All reimbursements for

services delivered shall be absolutely inalienable by

assignment, sale, attachment, garnishment or otherwise.

(n-1) The Department shall provide or authorize child

welfare services, aimed at assisting minors to achieve

sustainable self-sufficiency as independent adults, for any

minor eligible for the reinstatement of wardship pursuant to

subsection (2) of Section 2-33 of the Juvenile Court Act of

1987, whether or not such reinstatement is sought or allowed,

provided that the minor consents to such services and has not

yet attained the age of 21. The Department shall have

responsibility for the development and delivery of services

under this Section. An eligible youth may access services under

this Section through the Department of Children and Family

Services or by referral from the Department of Human Services.

Youth participating in services under this Section shall

cooperate with the assigned case manager in developing an

agreement identifying the services to be provided and how the

youth will increase skills to achieve self-sufficiency. A

homeless shelter is not considered appropriate housing for any

youth receiving child welfare services under this Section. The

Department shall continue child welfare services under this

Section to any eligible minor until the minor becomes 21 years

of age, no longer consents to participate, or achieves

self-sufficiency as identified in the minor's service plan. The

Department of Children and Family Services shall create clear,

readable notice of the rights of former foster youth to child

welfare services under this Section and how such services may

be obtained. The Department of Children and Family Services and

the Department of Human Services shall disseminate this

information statewide. The Department shall adopt regulations

describing services intended to assist minors in achieving

sustainable self-sufficiency as independent adults.

(o) The Department shall establish an administrative

review and appeal process for children and families who request

or receive child welfare services from the Department. Children

who are wards of the Department and are placed by private child

welfare agencies, and foster families with whom those children

are placed, shall be afforded the same procedural and appeal

rights as children and families in the case of placement by the

Department, including the right to an initial review of a

private agency decision by that agency. The Department shall

insure that any private child welfare agency, which accepts

wards of the Department for placement, affords those rights to

children and foster families. The Department shall accept for

administrative review and an appeal hearing a complaint made by

(i) a child or foster family concerning a decision following an

initial review by a private child welfare agency or (ii) a

prospective adoptive parent who alleges a violation of

subsection (j-5) of this Section. An appeal of a decision

concerning a change in the placement of a child shall be

conducted in an expedited manner. A court determination that a

current foster home placement is necessary and appropriate

under Section 2-28 of the Juvenile Court Act of 1987 does not

constitute a judicial determination on the merits of an

administrative appeal, filed by a former foster parent,

involving a change of placement decision.

(p) There is hereby created the Department of Children and

Family Services Emergency Assistance Fund from which the

Department may provide special financial assistance to

families which are in economic crisis when such assistance is

not available through other public or private sources and the

assistance is deemed necessary to prevent dissolution of the

family unit or to reunite families which have been separated

due to child abuse and neglect. The Department shall establish

administrative rules specifying the criteria for determining

eligibility for and the amount and nature of assistance to be

provided. The Department may also enter into written agreements

with private and public social service agencies to provide

emergency financial services to families referred by the

Department. Special financial assistance payments shall be

available to a family no more than once during each fiscal year

and the total payments to a family may not exceed $500 during a

fiscal year.

(q) The Department may receive and use, in their entirety,

for the benefit of children any gift, donation or bequest of

money or other property which is received on behalf of such

children, or any financial benefits to which such children are

or may become entitled while under the jurisdiction or care of

the Department.

The Department shall set up and administer no-cost,

interest-bearing accounts in appropriate financial

institutions for children for whom the Department is legally

responsible and who have been determined eligible for Veterans'

Benefits, Social Security benefits, assistance allotments from

the armed forces, court ordered payments, parental voluntary

payments, Supplemental Security Income, Railroad Retirement

payments, Black Lung benefits, or other miscellaneous

payments. Interest earned by each account shall be credited to

the account, unless disbursed in accordance with this

subsection.

In disbursing funds from children's accounts, the

Department shall:

(1) Establish standards in accordance with State and

federal laws for disbursing money from children's

accounts. In all circumstances, the Department's

"Guardianship Administrator" or his or her designee must

approve disbursements from children's accounts. The

Department shall be responsible for keeping complete

records of all disbursements for each account for any

purpose.

(2) Calculate on a monthly basis the amounts paid from

State funds for the child's board and care, medical care

not covered under Medicaid, and social services; and

utilize funds from the child's account, as covered by

regulation, to reimburse those costs. Monthly,

disbursements from all children's accounts, up to 1/12 of

$13,000,000, shall be deposited by the Department into the

General Revenue Fund and the balance over 1/12 of

$13,000,000 into the DCFS Children's Services Fund.

(3) Maintain any balance remaining after reimbursing

for the child's costs of care, as specified in item (2).

The balance shall accumulate in accordance with relevant

State and federal laws and shall be disbursed to the child

or his or her guardian, or to the issuing agency.

(r) The Department shall promulgate regulations

encouraging all adoption agencies to voluntarily forward to the

Department or its agent names and addresses of all persons who

have applied for and have been approved for adoption of a

hard-to-place or handicapped child or child with a disability

and the names of such children who have not been placed for

adoption. A list of such names and addresses shall be

maintained by the Department or its agent, and coded lists

which maintain the confidentiality of the person seeking to

adopt the child and of the child shall be made available,

without charge, to every adoption agency in the State to assist

the agencies in placing such children for adoption. The

Department may delegate to an agent its duty to maintain and

make available such lists. The Department shall ensure that

such agent maintains the confidentiality of the person seeking

to adopt the child and of the child.

(s) The Department of Children and Family Services may

establish and implement a program to reimburse Department and

private child welfare agency foster parents licensed by the

Department of Children and Family Services for damages

sustained by the foster parents as a result of the malicious or

negligent acts of foster children, as well as providing third

party coverage for such foster parents with regard to actions

of foster children to other individuals. Such coverage will be

secondary to the foster parent liability insurance policy, if

applicable. The program shall be funded through appropriations

from the General Revenue Fund, specifically designated for such

purposes.

(t) The Department shall perform home studies and

investigations and shall exercise supervision over visitation

as ordered by a court pursuant to the Illinois Marriage and

Dissolution of Marriage Act or the Adoption Act only if:

(1) an order entered by an Illinois court specifically

directs the Department to perform such services; and

(2) the court has ordered one or both of the parties to

the proceeding to reimburse the Department for its

reasonable costs for providing such services in accordance

with Department rules, or has determined that neither party

is financially able to pay.

The Department shall provide written notification to the

court of the specific arrangements for supervised visitation

and projected monthly costs within 60 days of the court order.

The Department shall send to the court information related to

the costs incurred except in cases where the court has

determined the parties are financially unable to pay. The court

may order additional periodic reports as appropriate.

(u) In addition to other information that must be provided,

whenever the Department places a child with a prospective

adoptive parent or parents or in a licensed foster home, group

home, child care institution, or in a relative home, the

Department shall provide to the prospective adoptive parent or

parents or other caretaker:

(1) available detailed information concerning the

child's educational and health history, copies of

immunization records (including insurance and medical card

information), a history of the child's previous

placements, if any, and reasons for placement changes

excluding any information that identifies or reveals the

location of any previous caretaker;

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

plan, including any visitation arrangement, and all

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

(3) information containing details of the child's

individualized educational plan when the child is

receiving special education services.

The caretaker shall be informed of any known social or

behavioral information (including, but not limited to,

criminal background, fire setting, perpetuation of sexual

abuse, destructive behavior, and substance abuse) necessary to

care for and safeguard the children to be placed or currently

in the home. The Department may prepare a written summary of

the information required by this paragraph, which may be

provided to the foster or prospective adoptive parent in

advance of a placement. The foster or prospective adoptive

parent may review the supporting documents in the child's file

in the presence of casework staff. In the case of an emergency

placement, casework staff shall at least provide known

information verbally, if necessary, and must subsequently

provide the information in writing as required by this

subsection.

The information described in this subsection shall be

provided in writing. In the case of emergency placements when

time does not allow prior review, preparation, and collection

of written information, the Department shall provide such

information as it becomes available. Within 10 business days

after placement, the Department shall obtain from the

prospective adoptive parent or parents or other caretaker a

signed verification of receipt of the information provided.

Within 10 business days after placement, the Department shall

provide to the child's guardian ad litem a copy of the

information provided to the prospective adoptive parent or

parents or other caretaker. The information provided to the

prospective adoptive parent or parents or other caretaker shall

be reviewed and approved regarding accuracy at the supervisory

level.

(u-5) Effective July 1, 1995, only foster care placements

licensed as foster family homes pursuant to the Child Care Act

of 1969 shall be eligible to receive foster care payments from

the Department. Relative caregivers who, as of July 1, 1995,

were approved pursuant to approved relative placement rules

previously promulgated by the Department at 89 Ill. Adm. Code

335 and had submitted an application for licensure as a foster

family home may continue to receive foster care payments only

until the Department determines that they may be licensed as a

foster family home or that their application for licensure is

denied or until September 30, 1995, whichever occurs first.

(v) The Department shall access criminal history record

information as defined in the Illinois Uniform Conviction

Information Act and information maintained in the adjudicatory

and dispositional record system as defined in Section 2605-355

of the Department of State Police Law (20 ILCS 2605/2605-355)

if the Department determines the information is necessary to

perform its duties under the Abused and Neglected Child

Reporting Act, the Child Care Act of 1969, and the Children and

Family Services Act. The Department shall provide for

interactive computerized communication and processing

equipment that permits direct on-line communication with the

Department of State Police's central criminal history data

repository. The Department shall comply with all certification

requirements and provide certified operators who have been

trained by personnel from the Department of State Police. In

addition, one Office of the Inspector General investigator

shall have training in the use of the criminal history

information access system and have access to the terminal. The

Department of Children and Family Services and its employees

shall abide by rules and regulations established by the

Department of State Police relating to the access and

dissemination of this information.

(v-1) Prior to final approval for placement of a child, the

Department shall conduct a criminal records background check of

the prospective foster or adoptive parent, including

fingerprint-based checks of national crime information

databases. Final approval for placement shall not be granted if

the record check reveals a felony conviction for child abuse or

neglect, for spousal abuse, for a crime against children, or

for a crime involving violence, including rape, sexual assault,

or homicide, but not including other physical assault or

battery, or if there is a felony conviction for physical

assault, battery, or a drug-related offense committed within

the past 5 years.

(v-2) Prior to final approval for placement of a child, the

Department shall check its child abuse and neglect registry for

information concerning prospective foster and adoptive

parents, and any adult living in the home. If any prospective

foster or adoptive parent or other adult living in the home has

resided in another state in the preceding 5 years, the

Department shall request a check of that other state's child

abuse and neglect registry.

(w) Within 120 days of August 20, 1995 (the effective date

of Public Act 89-392), the Department shall prepare and submit

to the Governor and the General Assembly, a written plan for

the development of in-state licensed secure child care

facilities that care for children who are in need of secure

living arrangements for their health, safety, and well-being.

For purposes of this subsection, secure care facility shall

mean a facility that is designed and operated to ensure that

all entrances and exits from the facility, a building or a

distinct part of the building, are under the exclusive control

of the staff of the facility, whether or not the child has the

freedom of movement within the perimeter of the facility,

building, or distinct part of the building. The plan shall

include descriptions of the types of facilities that are needed

in Illinois; the cost of developing these secure care

facilities; the estimated number of placements; the potential

cost savings resulting from the movement of children currently

out-of-state who are projected to be returned to Illinois; the

necessary geographic distribution of these facilities in

Illinois; and a proposed timetable for development of such

facilities.

(x) The Department shall conduct annual credit history

checks to determine the financial history of children placed

under its guardianship pursuant to the Juvenile Court Act of

1987. The Department shall conduct such credit checks starting

when a ward turns 12 years old and each year thereafter for the

duration of the guardianship as terminated pursuant to the

Juvenile Court Act of 1987. The Department shall determine if

financial exploitation of the child's personal information has

occurred. If financial exploitation appears to have taken place

or is presently ongoing, the Department shall notify the proper

law enforcement agency, the proper State's Attorney, or the

Attorney General.

(y) Beginning on the effective date of this amendatory Act

of the 96th General Assembly, a child with a disability who

receives residential and educational services from the

Department shall be eligible to receive transition services in

accordance with Article 14 of the School Code from the age of

14.5 through age 21, inclusive, notwithstanding the child's

residential services arrangement. For purposes of this

subsection, "child with a disability" means a child with a

disability as defined by the federal Individuals with

Disabilities Education Improvement Act of 2004.

(z) The Department shall access criminal history record

information as defined as "background information" in this

subsection and criminal history record information as defined

in the Illinois Uniform Conviction Information Act for each

Department employee or Department applicant. Each Department

employee or Department applicant shall submit his or her

fingerprints to the Department of State Police in the form and

manner prescribed by the Department of State Police. These

fingerprints shall be checked against the fingerprint records

now and hereafter filed in the Department of State Police and

the Federal Bureau of Investigation criminal history records

databases. The Department of State Police shall charge a fee

for conducting the criminal history record check, which shall

be deposited into the State Police Services Fund and shall not

exceed the actual cost of the record check. The Department of

State Police shall furnish, pursuant to positive

identification, all Illinois conviction information to the

Department of Children and Family Services.

For purposes of this subsection:

"Background information" means all of the following:

(i) Upon the request of the Department of Children and

Family Services, conviction information obtained from the

Department of State Police as a result of a

fingerprint-based criminal history records check of the

Illinois criminal history records database and the Federal

Bureau of Investigation criminal history records database

concerning a Department employee or Department applicant.

(ii) Information obtained by the Department of

Children and Family Services after performing a check of

the Department of State Police's Sex Offender Database, as

authorized by Section 120 of the Sex Offender Community

Notification Law, concerning a Department employee or

Department applicant.

(iii) Information obtained by the Department of

Children and Family Services after performing a check of

the Child Abuse and Neglect Tracking System (CANTS)

operated and maintained by the Department.

"Department employee" means a full-time or temporary

employee coded or certified within the State of Illinois

Personnel System.

"Department applicant" means an individual who has

conditional Department full-time or part-time work, a

contractor, an individual used to replace or supplement staff,

an academic intern, a volunteer in Department offices or on

Department contracts, a work-study student, an individual or

entity licensed by the Department, or an unlicensed service

provider who works as a condition of a contract or an agreement

and whose work may bring the unlicensed service provider into

contact with Department clients or client records.

(Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;

98-570, eff. 8-27-13; 98-756, eff. 7-16-14; 98-803, eff.

1-1-15.)

(20 ILCS 505/7) (from Ch. 23, par. 5007)

Sec. 7. Placement of children; considerations.

(a) In placing any child under this Act, the Department

shall place the child, as far as possible, in the care and

custody of some individual holding the same religious belief as

the parents of the child, or with some child care facility

which is operated by persons of like religious faith as the

parents of such child.

(a-5) In placing a child under this Act, the Department

shall place the child with the child's sibling or siblings

under Section 7.4 of this Act unless the placement is not in

each child's best interest, or is otherwise not possible under

the Department's rules. If the child is not placed with a

sibling under the Department's rules, the Department shall

consider placements that are likely to develop, preserve,

nurture, and support sibling relationships, where doing so is

in each child's best interest.

(b) In placing a child under this Act, the Department may

place a child with a relative if the Department determines that

the relative will be able to adequately provide for the child's

safety and welfare based on the factors set forth in the

Department's rules governing relative placements, and that the

placement is consistent with the child's best interests, taking

into consideration the factors set out in subsection (4.05) of

Section 1-3 of the Juvenile Court Act of 1987.

When the Department first assumes custody of a child, in

placing that child under this Act, the Department shall make

reasonable efforts to identify and locate a relative who is

ready, willing, and able to care for the child. At a minimum,

these efforts shall be renewed each time the child requires a

placement change and it is appropriate for the child to be

cared for in a home environment. The Department must document

its efforts to identify and locate such a relative placement

and maintain the documentation in the child's case file.

If the Department determines that a placement with any

identified relative is not in the child's best interests or

that the relative does not meet the requirements to be a

relative caregiver, as set forth in Department rules or by

statute, the Department must document the basis for that

decision and maintain the documentation in the child's case

file.

If, pursuant to the Department's rules, any person files an

administrative appeal of the Department's decision not to place

a child with a relative, it is the Department's burden to prove

that the decision is consistent with the child's best

interests.

When the Department determines that the child requires

placement in an environment, other than a home environment, the

Department shall continue to make reasonable efforts to

identify and locate relatives to serve as visitation resources

for the child and potential future placement resources, except

when the Department determines that those efforts would be

futile or inconsistent with the child's best interests.

If the Department determines that efforts to identify and

locate relatives would be futile or inconsistent with the

child's best interests, the Department shall document the basis

of its determination and maintain the documentation in the

child's case file.

If the Department determines that an individual or a group

of relatives are inappropriate to serve as visitation resources

or possible placement resources, the Department shall document

the basis of its determination and maintain the documentation

in the child's case file.

When the Department determines that an individual or a

group of relatives are appropriate to serve as visitation

resources or possible future placement resources, the

Department shall document the basis of its determination,

maintain the documentation in the child's case file, create a

visitation or transition plan, or both, and incorporate the

visitation or transition plan, or both, into the child's case

plan. For the purpose of this subsection, any determination as

to the child's best interests shall include consideration of

the factors set out in subsection (4.05) of Section 1-3 of the

Juvenile Court Act of 1987.

The Department may not place a child with a relative, with

the exception of certain circumstances which may be waived as

defined by the Department in rules, if the results of a check

of the Law Enforcement Agencies Data System (LEADS) identifies

a prior criminal conviction of the relative or any adult member

of the relative's household for any of the following offenses

under the Criminal Code of 1961 or the Criminal Code of 2012:

(1) murder;

(1.1) solicitation of murder;

(1.2) solicitation of murder for hire;

(1.3) intentional homicide of an unborn child;

(1.4) voluntary manslaughter of an unborn child;

(1.5) involuntary manslaughter;

(1.6) reckless homicide;

(1.7) concealment of a homicidal death;

(1.8) involuntary manslaughter of an unborn child;

(1.9) reckless homicide of an unborn child;

(1.10) drug-induced homicide;

(2) a sex offense under Article 11, except offenses

described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

11-40, and 11-45;

(3) kidnapping;

(3.1) aggravated unlawful restraint;

(3.2) forcible detention;

(3.3) aiding and abetting child abduction;

(4) aggravated kidnapping;

(5) child abduction;

(6) aggravated battery of a child as described in

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

(7) criminal sexual assault;

(8) aggravated criminal sexual assault;

(8.1) predatory criminal sexual assault of a child;

(9) criminal sexual abuse;

(10) aggravated sexual abuse;

(11) heinous battery as described in Section 12-4.1 or

subdivision (a)(2) of Section 12-3.05;

(12) aggravated battery with a firearm as described in

Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

(e)(4) of Section 12-3.05;

(13) tampering with food, drugs, or cosmetics;

(14) drug-induced infliction of great bodily harm as

described in Section 12-4.7 or subdivision (g)(1) of

Section 12-3.05;

(15) aggravated stalking;

(16) home invasion;

(17) vehicular invasion;

(18) criminal transmission of HIV;

(19) criminal abuse or neglect of an elderly person or

person with a disability disabled person as described in

Section 12-21 or subsection (b) of Section 12-4.4a;

(20) child abandonment;

(21) endangering the life or health of a child;

(22) ritual mutilation;

(23) ritualized abuse of a child;

(24) an offense in any other state the elements of

which are similar and bear a substantial relationship to

any of the foregoing offenses.

For the purpose of this subsection, "relative" shall

include any person, 21 years of age or over, other than the

parent, who (i) is currently related to the child in any of the

following ways by blood or adoption: grandparent, sibling,

great-grandparent, uncle, aunt, nephew, niece, first cousin,

second cousin, godparent, great-uncle, or great-aunt; or (ii)

is the spouse of such a relative; or (iii) is the child's

step-father, step-mother, or adult step-brother or

step-sister; or (iv) is a fictive kin; "relative" also includes

a person related in any of the foregoing ways to a sibling of a

child, even though the person is not related to the child, when

the child and its sibling are placed together with that person.

For children who have been in the guardianship of the

Department, have been adopted, and are subsequently returned to

the temporary custody or guardianship of the Department, a

"relative" may also include any person who would have qualified

as a relative under this paragraph prior to the adoption, but

only if the Department determines, and documents, that it would

be in the child's best interests to consider this person a

relative, based upon the factors for determining best interests

set forth in subsection (4.05) of Section 1-3 of the Juvenile

Court Act of 1987. A relative with whom a child is placed

pursuant to this subsection may, but is not required to, apply

for licensure as a foster family home pursuant to the Child

Care Act of 1969; provided, however, that as of July 1, 1995,

foster care payments shall be made only to licensed foster

family homes pursuant to the terms of Section 5 of this Act.

Notwithstanding any other provision under this subsection

to the contrary, a fictive kin with whom a child is placed

pursuant to this subsection shall apply for licensure as a

foster family home pursuant to the Child Care Act of 1969

within 6 months of the child's placement with the fictive kin.

The Department shall not remove a child from the home of a

fictive kin on the basis that the fictive kin fails to apply

for licensure within 6 months of the child's placement with the

fictive kin, or fails to meet the standard for licensure. All

other requirements established under the rules and procedures

of the Department concerning the placement of a child, for whom

the Department is legally responsible, with a relative shall

apply. By June 1, 2015, the Department shall promulgate rules

establishing criteria and standards for placement,

identification, and licensure of fictive kin.

For purposes of this subsection, "fictive kin" means any

individual, unrelated by birth or marriage, who is shown to

have close personal or emotional ties with the child or the

child's family prior to the child's placement with the

individual.

The provisions added to this subsection (b) by this

amendatory Act of the 98th General Assembly shall become

operative on and after June 1, 2015.

(c) In placing a child under this Act, the Department shall

ensure that the child's health, safety, and best interests are

met. In rejecting placement of a child with an identified

relative, the Department shall ensure that the child's health,

safety, and best interests are met. In evaluating the best

interests of the child, the Department shall take into

consideration the factors set forth in subsection (4.05) of

Section 1-3 of the Juvenile Court Act of 1987.

The Department shall consider the individual needs of the

child and the capacity of the prospective foster or adoptive

parents to meet the needs of the child. When a child must be

placed outside his or her home and cannot be immediately

returned to his or her parents or guardian, a comprehensive,

individualized assessment shall be performed of that child at

which time the needs of the child shall be determined. Only if

race, color, or national origin is identified as a legitimate

factor in advancing the child's best interests shall it be

considered. Race, color, or national origin shall not be

routinely considered in making a placement decision. The

Department shall make special efforts for the diligent

recruitment of potential foster and adoptive families that

reflect the ethnic and racial diversity of the children for

whom foster and adoptive homes are needed. "Special efforts"

shall include contacting and working with community

organizations and religious organizations and may include

contracting with those organizations, utilizing local media

and other local resources, and conducting outreach activities.

(c-1) At the time of placement, the Department shall

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

of Section 5, so that permanency may occur at the earliest

opportunity. Consideration should be given so that if

reunification fails or is delayed, the placement made is the

best available placement to provide permanency for the child.

(d) The Department may accept gifts, grants, offers of

services, and other contributions to use in making special

recruitment efforts.

(e) The Department in placing children in adoptive or

foster care homes may not, in any policy or practice relating

to the placement of children for adoption or foster care,

discriminate against any child or prospective adoptive or

foster parent on the basis of race.

(Source: P.A. 97-1076, eff. 8-24-12; 97-1109, eff. 1-1-13;

97-1150, eff. 1-25-13; 98-846, eff. 1-1-15.)

(20 ILCS 505/12.1) (from Ch. 23, par. 5012.1)

Sec. 12.1. To cooperate with the State Board of Education

and the Department of Human Services in a program to provide

for the placement, supervision and foster care of children with

disabilities handicaps who must leave their home community in

order to attend schools offering programs in special education.

(Source: P.A. 89-507, eff. 7-1-97.)

(20 ILCS 505/12.2) (from Ch. 23, par. 5012.2)

Sec. 12.2. To cooperate with the Department of Human

Services in any programs or projects regarding the care and

education of handicapped children with disabilities,

particularly in relation to the institutions under the

administration of the Department.

(Source: P.A. 89-507, eff. 7-1-97.)

Section 140. The Illinois Enterprise Zone Act is amended by

changing Section 9.2 as follows:

(20 ILCS 655/9.2) (from Ch. 67 1/2, par. 615)

Sec. 9.2. Exemptions from Regulatory Relaxation. (a)

Section 9 and subsection (a) of Section 9.1 do not apply to

rules and regulations promulgated pursuant to:

(i) the "Environmental Protection Act";

(ii) the "Illinois Historic Preservation Act";

(iii) the "Illinois Human Rights Act";

(iv) any successor acts to any of the foregoing; or

(v) any other acts whose purpose is the protection of the

environment, the preservation of historic places and

landmarks, or the protection of persons against discrimination

on the basis of race, color, religion, sex, marital status,

national origin or physical or mental disability handicap.

(b) No exemption, modification or alternative to any agency

rule or regulation promulgated under Section 9 or 9.1 shall be

effective which

(i) presents a significant risk to the health or safety of

persons resident in or employed within an Enterprise Zone;

(ii) would conflict with federal law or regulation such

that the state, or any unit of local government or school

district, or any area of the state other than Enterprise Zones,

or any business enterprise located outside of an Enterprise

Zone would be disqualified from a federal program or from

federal tax or other benefits;

(iii) would suspend or modify an agency rule or regulation

mandated by law; or

(iv) would eliminate or reduce benefits to individuals who

are residents of or employed within a Zone.

(Source: P.A. 82-1019.)

Section 145. The Department of Natural Resources

(Conservation) Law of the Civil Administrative Code of Illinois

is amended by changing Section 805-305 as follows:

(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)

Sec. 805-305. Campsites and housing facilities. The

Department has the power to provide facilities for overnight

tent and trailer camp sites and to provide suitable housing

facilities for student and juvenile overnight camping groups.

The Department of Natural Resources may regulate, by

administrative order, the fees to be charged for tent and

trailer camping units at individual park areas based upon the

facilities available. However, for campsites with access to

showers or electricity, any Illinois resident who is age 62 or

older or has a Class 2 disability as defined in Section 4A of

the Illinois Identification Card Act shall be charged only

one-half of the camping fee charged to the general public

during the period Monday through Thursday of any week and shall

be charged the same camping fee as the general public on all

other days. For campsites without access to showers or

electricity, no camping fee authorized by this Section shall be

charged to any resident of Illinois who has a Class 2

disability as defined in Section 4A of the Illinois

Identification Card Act. For campsites without access to

showers or electricity, no camping fee authorized by this

Section shall be charged to any resident of Illinois who is age

62 or older for the use of a camp site unit during the period

Monday through Thursday of any week. No camping fee authorized

by this Section shall be charged to any resident of Illinois

who is a veteran with a disability disabled veteran or a former

prisoner of war, as defined in Section 5 of the Department of

Veterans Affairs Act. No camping fee authorized by this Section

shall be charged to any resident of Illinois after returning

from service abroad or mobilization by the President of the

United States as an active duty member of the United States

Armed Forces, the Illinois National Guard, or the Reserves of

the United States Armed Forces for the amount of time that the

active duty member spent in service abroad or mobilized if the

person (i) applies for a pass at the Department office in

Springfield within 2 years after returning and provides

acceptable verification of service or mobilization to the

Department or (ii) applies for a pass at a Regional Office of

the Department within 2 years after returning and provides

acceptable verification of service or mobilization to the

Department; any portion of a year that the active duty member

spent in service abroad or mobilized shall count as a full

year. Nonresidents shall be charged the same fees as are

authorized for the general public regardless of age. The

Department shall provide by regulation for suitable proof of

age, or either a valid driver's license or a "Golden Age

Passport" issued by the federal government shall be acceptable

as proof of age. The Department shall further provide by

regulation that notice of these reduced admission fees be

posted in a conspicuous place and manner.

Reduced fees authorized in this Section shall not apply to

any charge for utility service.

For the purposes of this Section, "acceptable verification

of service or mobilization" means official documentation from

the Department of Defense or the appropriate Major Command

showing mobilization dates or service abroad dates, including:

(i) a DD-214, (ii) a letter from the Illinois Department of

Military Affairs for members of the Illinois National Guard,

(iii) a letter from the Regional Reserve Command for members of

the Armed Forces Reserve, (iv) a letter from the Major Command

covering Illinois for active duty members, (v) personnel

records for mobilized State employees, and (vi) any other

documentation that the Department, by administrative rule,

deems acceptable to establish dates of mobilization or service

abroad.

For the purposes of this Section, the term "service abroad"

means active duty service outside of the 50 United States and

the District of Columbia, and includes all active duty service

in territories and possessions of the United States.

(Source: P.A. 96-1014, eff. 1-1-11.)

Section 150. The State Parks Act is amended by changing

Section 4a as follows:

(20 ILCS 835/4a) (from Ch. 105, par. 468.1)

Sec. 4a. It shall be the duty of the Governor and the

Director of the Department in charge of the administration of

this Act to cancel immediately the lease on any concession when

the person holding the concession or an employee thereof

discriminates on the basis of race, color, creed, sex,

religion, physical or mental disability handicap, or national

origin against any patron thereof.

(Source: P.A. 80-344.)

Section 155. The Recreational Trails of Illinois Act is

amended by changing Section 34 as follows:

(20 ILCS 862/34)

Sec. 34. Exception from display of Off-Highway Vehicle

Usage Stamps. The operator of an off-highway vehicle shall not

be required to display an Off-Highway Vehicle Usage Stamp if

the off-highway vehicle is:

(1) owned and used by the United States, the State of

Illinois, another state, or a political subdivision

thereof, but these off-highway vehicles shall prominently

display the name of the owner on the off-highway vehicle;

(2) operated on lands where the operator, his or her

immediate family, or both are the sole owners of the land;

this exception shall not apply to clubs, associations, or

lands leased for hunting or recreational purposes;

(3) used only on local, national, or international

competition circuits in events for which written

permission has been obtained by the sponsoring or

sanctioning body from the governmental unit having

jurisdiction over the location of any event held in this

State;

(4) (blank);

(5) used on an off-highway vehicle grant assisted site

and the off-highway vehicle displays a Off-Highway Vehicle

Access decal;

(6) used in conjunction with a bona fide commercial

business, including, but not limited to, agricultural and

livestock production;

(7) a golf cart, regardless of whether the golf cart is

currently being used for golfing purposes;

(8) displaying a valid motor vehicle registration

issued by the Secretary of State or any other state;

(9) operated by an individual who either possesses an

Illinois Identification Card issued to the operator by the

Secretary of State that lists a Class P2 (or P2O or any

successor classification) or P2A disability or an original

or photocopy of a valid motor vehicle disability placard

issued to the operator by the Secretary of State, or is

assisting a person with a disability who has disabled

person with a Class P2 (or P2O or any successor

classification) or P2A disability while using the same

off-highway vehicle as the individual with a disability

disabled individual; or

(10) used only at commercial riding parks.

For the purposes of this Section, "golf cart" means a

machine specifically designed for the purposes of transporting

one or more persons and their golf clubs.

For the purposes of this Section, "local, national, or

international competition circuit" means any competition

circuit sponsored or sanctioned by an international, national,

or state organization, including, but not limited to, the

American Motorcyclist Association, or sponsored, sanctioned,

or both by an affiliate organization of an international,

national, or state organization which sanctions competitions,

including trials or practices leading up to or in connection

with those competitions.

For the purposes of this Section, "commercial riding parks"

mean commercial properties used for the recreational operation

of off-highway vehicles by the paying members of the park or

paying guests.

(Source: P.A. 97-1136, eff. 1-1-13; 98-820, eff. 8-1-14.)

Section 160. The Department of Employment Security Law of

the Civil Administrative Code of Illinois is amended by

changing Section 1005-155 as follows:

(20 ILCS 1005/1005-155)

Sec. 1005-155. Illinois Employment and Training Centers

report. The Department of Employment Security, or the State

agency responsible for the oversight of the federal Workforce

Investment Act of 1998 if that agency is not the Department of

Employment Security, shall prepare a report for the Governor

and the General Assembly regarding the progress of the Illinois

Employment and Training Centers in serving individuals with

disabilities. The report must include, but is not limited to,

the following: (i) the number of individuals referred to the

Illinois Employment and Training Centers by the Department of

Human Services Office of Rehabilitation Services; (ii) the

total number of individuals with disabilities disabled

individuals served by the Illinois Employment and Training

Centers; (iii) the number of individuals with disabilities

disabled individuals served in federal Workforce Investment

Act of 1998 employment and training programs; (iv) the number

of individuals with disabilities annually placed in jobs by the

Illinois Employment and Training Centers; and (v) the number of

individuals with disabilities referred by the Illinois

Employment and Training Centers to the Department of Human

Services Office of Rehabilitation Services. The report is due

by December 31, 2004 based on the previous State program year

of July 1 through June 30, and is due annually thereafter.

"Individuals with disabilities" are defined as those who

self-report as being qualified as disabled under the 1973

Rehabilitation Act or the 1990 Americans with Disabilities Act,

for the purposes of this Law.

(Source: P.A. 93-639, eff. 6-1-04.)

Section 165. The Department of Human Services Act is

amended by changing Sections 1-17 and 10-40 as follows:

(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.

(a) Nature and purpose. It is the express intent of the

General Assembly to ensure the health, safety, and financial

condition of individuals receiving services in this State due

to mental illness, developmental disability, or both by

protecting those persons from acts of abuse, neglect, or both

by service providers. To that end, the Office of the Inspector

General for the Department of Human Services is created to

investigate and report upon allegations of the abuse, neglect,

or financial exploitation of individuals receiving services

within mental health facilities, developmental disabilities

facilities, and community agencies operated, licensed, funded

or certified by the Department of Human Services, but not

licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this

Section:

"Adult student with a disability" means an adult student,

age 18 through 21, inclusive, with an Individual Education

Program, other than a resident of a facility licensed by the

Department of Children and Family Services in accordance with

the Child Care Act of 1969. For purposes of this definition,

"through age 21, inclusive", means through the day before the

student's 22nd birthday.

"Agency" or "community agency" means (i) a community agency

licensed, funded, or certified by the Department, but not

licensed or certified by any other human services agency of the

State, to provide mental health service or developmental

disabilities service, or (ii) a program licensed, funded, or

certified by the Department, but not licensed or certified by

any other human services agency of the State, to provide mental

health service or developmental disabilities service.

"Aggravating circumstance" means a factor that is

attendant to a finding and that tends to compound or increase

the culpability of the accused.

"Allegation" means an assertion, complaint, suspicion, or

incident involving any of the following conduct by an employee,

facility, or agency against an individual or individuals:

mental abuse, physical abuse, sexual abuse, neglect, or

financial exploitation.

"Day" means working day, unless otherwise specified.

"Deflection" means a situation in which an individual is

presented for admission to a facility or agency, and the

facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of

admission.

"Department" means the Department of Human Services.

"Developmentally disabled" means having a developmental

disability.

"Developmental disability" means "developmental

disability" as defined in the Mental Health and Developmental

Disabilities Code.

"Egregious neglect" means a finding of neglect as

determined by the Inspector General that (i) represents a gross

failure to adequately provide for, or a callused indifference

to, the health, safety, or medical needs of an individual and

(ii) results in an individual's death or other serious

deterioration of an individual's physical condition or mental

condition.

"Employee" means any person who provides services at the

facility or agency on-site or off-site. The service

relationship can be with the individual or with the facility or

agency. Also, "employee" includes any employee or contractual

agent of the Department of Human Services or the community

agency involved in providing or monitoring or administering

mental health or developmental disability services. This

includes but is not limited to: owners, operators, payroll

personnel, contractors, subcontractors, and volunteers.

"Facility" or "State-operated facility" means a mental

health facility or developmental disabilities facility

operated by the Department.

"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources

through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.

"Finding" means the Office of Inspector General's

determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.

"Health care worker registry" or "registry" means the

health care worker registry created by the Nursing Home Care

Act.

"Individual" means any person receiving mental health

service, developmental disabilities service, or both from a

facility or agency, while either on-site or off-site.

"Mental abuse" means the use of demeaning, intimidating, or

threatening words, signs, gestures, or other actions by an

employee about an individual and in the presence of an

individual or individuals that results in emotional distress or

maladaptive behavior, or could have resulted in emotional

distress or maladaptive behavior, for any individual present.

"Mental illness" means "mental illness" as defined in the

Mental Health and Developmental Disabilities Code.

"Mentally ill" means having a mental illness.

"Mitigating circumstance" means a condition that (i) is

attendant to a finding, (ii) does not excuse or justify the

conduct in question, but (iii) may be considered in evaluating

the severity of the conduct, the culpability of the accused, or

both the severity of the conduct and the culpability of the

accused.

"Neglect" means an employee's, agency's, or facility's

failure to provide adequate medical care, personal care, or

maintenance and that, as a consequence, (i) causes an

individual pain, injury, or emotional distress, (ii) results in

either an individual's maladaptive behavior or the

deterioration of an individual's physical condition or mental

condition, or (iii) places the individual's health or safety at

substantial risk.

"Person with a developmental disability" means a person

having a developmental disability.

"Physical abuse" means an employee's non-accidental and

inappropriate contact with an individual that causes bodily

harm. "Physical abuse" includes actions that cause bodily harm

as a result of an employee directing an individual or person to

physically abuse another individual.

"Recommendation" means an admonition, separate from a

finding, that requires action by the facility, agency, or

Department to correct a systemic issue, problem, or deficiency

identified during an investigation.

"Required reporter" means any employee who suspects,

witnesses, or is informed of an allegation of any one or more

of the following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation.

"Secretary" means the Chief Administrative Officer of the

Department.

"Sexual abuse" means any sexual contact or intimate

physical contact between an employee and an individual,

including an employee's coercion or encouragement of an

individual to engage in sexual behavior that results in sexual

contact, intimate physical contact, sexual behavior, or

intimate physical behavior.

"Substantiated" means there is a preponderance of the

evidence to support the allegation.

"Unfounded" means there is no credible evidence to support

the allegation.

"Unsubstantiated" means there is credible evidence, but

less than a preponderance of evidence to support the

allegation.

(c) Appointment. The Governor shall appoint, and the Senate

shall confirm, an Inspector General. The Inspector General

shall be appointed for a term of 4 years and shall function

within the Department of Human Services and report to the

Secretary and the Governor.

(d) Operation and appropriation. The Inspector General

shall function independently within the Department with

respect to the operations of the Office, including the

performance of investigations and issuance of findings and

recommendations. The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for

the Department.

(e) Powers and duties. The Inspector General shall

investigate reports of suspected mental abuse, physical abuse,

sexual abuse, neglect, or financial exploitation of

individuals in any mental health or developmental disabilities

facility or agency and shall have authority to take immediate

action to prevent any one or more of the following from

happening to individuals under its jurisdiction: mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State in

investigating reports of the abuse, neglect, or abuse and

neglect of persons with mental illness, persons with

developmental disabilities, or persons with both. To comply

with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for

which there is no allegation of abuse or neglect. Nothing in

this Section shall preempt any duties of the Medical Review

Board set forth in the Mental Health and Developmental

Disabilities Code. The Inspector General shall have no

authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct

under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector

General for investigation.

(f) Limitations. The Inspector General shall not conduct an

investigation within an agency or facility if that

investigation would be redundant to or interfere with an

investigation conducted by another State agency. The Inspector

General shall have no supervision over, or involvement in, the

routine programmatic, licensing, funding, or certification

operations of the Department. Nothing in this subsection limits

investigations by the Department that may otherwise be required

by law or that may be necessary in the Department's capacity as

central administrative authority responsible for the operation

of the State's mental health and developmental disabilities

facilities.

(g) Rulemaking authority. The Inspector General shall

promulgate rules establishing minimum requirements for

reporting allegations as well as for initiating, conducting,

and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish

that if 2 or more State agencies could investigate an

allegation, the Inspector General shall not conduct an

investigation that would be redundant to, or interfere with, an

investigation conducted by another State agency. The rules

shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the

licensing, funding, or certification units of the Department in

preventing further occurrences of mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, and financial

exploitation.

(h) Training programs. The Inspector General shall (i)

establish a comprehensive program to ensure that every person

authorized to conduct investigations receives ongoing training

relative to investigation techniques, communication skills,

and the appropriate means of interacting with persons receiving

treatment for mental illness, developmental disability, or

both mental illness and developmental disability, and (ii)

establish and conduct periodic training programs for facility

and agency employees concerning the prevention and reporting of

any one or more of the following: mental abuse, physical abuse,

sexual abuse, neglect, egregious neglect, or financial

exploitation. Nothing in this Section shall be deemed to

prevent the Office of Inspector General from conducting any

other training as determined by the Inspector General to be

necessary or helpful.

(i) Duty to cooperate.

(1) The Inspector General shall at all times be granted

access to any facility or agency for the purpose of

investigating any allegation, conducting unannounced site

visits, monitoring compliance with a written response, or

completing any other statutorily assigned duty. The

Inspector General shall conduct unannounced site visits to

each facility at least annually for the purpose of

reviewing and making recommendations on systemic issues

relative to preventing, reporting, investigating, and

responding to all of the following: mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, or

financial exploitation.

(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of

this Act. Failure to cooperate with an investigation

includes, but is not limited to, any one or more of the

following: (i) creating and transmitting a false report to

the Office of the Inspector General hotline, (ii) providing

false information to an Office of the Inspector General

Investigator during an investigation, (iii) colluding with

other employees to cover up evidence, (iv) colluding with

other employees to provide false information to an Office

of the Inspector General investigator, (v) destroying

evidence, (vi) withholding evidence, or (vii) otherwise

obstructing an Office of the Inspector General

investigation. Additionally, any employee who, during an

unannounced site visit or written response compliance

check, fails to cooperate with requests from the Office of

the Inspector General is in violation of this Act.

(j) Subpoena powers. The Inspector General shall have the

power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her

investigations and any hearings authorized by this Act. This

subpoena power shall not extend to persons or documents of a

labor organization or its representatives insofar as the

persons are acting in a representative capacity to an employee

whose conduct is the subject of an investigation or the

documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly

provides false information to the Office of the Inspector

General by subpoena during an investigation is guilty of a

Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations. If an employee witnesses, is told of,

or has reason to believe an incident of mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation has occurred, the employee, agency, or

facility shall report the allegation by phone to the Office

of the Inspector General hotline according to the agency's

or facility's procedures, but in no event later than 4

hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the

following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation. A required reporter as

defined in subsection (b) of this Section who knowingly or

intentionally fails to comply with these reporting

requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter

shall, within 24 hours after initial discovery, report by

phone to the Office of the Inspector General hotline each

of the following:

(i) Any death of an individual occurring within 14

calendar days after discharge or transfer of the

individual from a residential program or facility.

(ii) Any death of an individual occurring within 24

hours after deflection from a residential program or

facility.

(iii) Any other death of an individual occurring at

an agency or facility or at any Department-funded site.

(3) Retaliation. It is a violation of this Act for any

employee or administrator of an agency or facility to take

retaliatory action against an employee who acts in good

faith in conformance with his or her duties as a required

reporter.

(l) Reporting to law enforcement.

(1) Reporting criminal acts. Within 24 hours after

determining that there is credible evidence indicating

that a criminal act may have been committed or that special

expertise may be required in an investigation, the

Inspector General shall notify the Department of State

Police or other appropriate law enforcement authority, or

ensure that such notification is made. The Department of

State Police shall investigate any report from a

State-operated facility indicating a possible murder,

sexual assault, or other felony by an employee. All

investigations conducted by the Inspector General shall be

conducted in a manner designed to ensure the preservation

of evidence for possible use in a criminal prosecution.

(2) Reporting allegations of adult students with

disabilities. Upon receipt of a reportable allegation

regarding an adult student with a disability, the

Department's Office of the Inspector General shall

determine whether the allegation meets the criteria for the

Domestic Abuse Program under the Abuse of Adults with

Disabilities Intervention Act. If the allegation is

reportable to that program, the Office of the Inspector

General shall initiate an investigation. If the allegation

is not reportable to the Domestic Abuse Program, the Office

of the Inspector General shall make an expeditious referral

to the respective law enforcement entity. If the alleged

victim is already receiving services from the Department,

the Office of the Inspector General shall also make a

referral to the respective Department of Human Services'

Division or Bureau.

(m) Investigative reports. Upon completion of an

investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are

substantiated, unsubstantiated, or unfounded. Within 10

business days after the transmittal of a completed

investigative report substantiating an allegation, or if a

recommendation is made, the Inspector General shall provide the

investigative report on the case to the Secretary and to the

director of the facility or agency where any one or more of the

following occurred: mental abuse, physical abuse, sexual

abuse, neglect, egregious neglect, or financial exploitation.

In a substantiated case, the investigative report shall include

any mitigating or aggravating circumstances that were

identified during the investigation. If the case involves

substantiated neglect, the investigative report shall also

state whether egregious neglect was found. An investigative

report may also set forth recommendations. All investigative

reports prepared by the Office of the Inspector General shall

be considered confidential and shall not be released except as

provided by the law of this State or as required under

applicable federal law. Unsubstantiated and unfounded reports

shall not be disclosed except as allowed under Section 6 of the

Abused and Neglected Long Term Care Facility Residents

Reporting Act. Raw data used to compile the investigative

report shall not be subject to release unless required by law

or a court order. "Raw data used to compile the investigative

report" includes, but is not limited to, any one or more of the

following: the initial complaint, witness statements,

photographs, investigator's notes, police reports, or incident

reports. If the allegations are substantiated, the accused

shall be provided with a redacted copy of the investigative

report. Death reports where there was no allegation of abuse or

neglect shall only be released pursuant to applicable State or

federal law or a valid court order.

(n) Written responses and reconsideration requests.

(1) Written responses. Within 30 calendar days from

receipt of a substantiated investigative report or an

investigative report which contains recommendations,

absent a reconsideration request, the facility or agency

shall file a written response that addresses, in a concise

and reasoned manner, the actions taken to: (i) protect the

individual; (ii) prevent recurrences; and (iii) eliminate

the problems identified. The response shall include the

implementation and completion dates of such actions. If the

written response is not filed within the allotted 30

calendar day period, the Secretary shall determine the

appropriate corrective action to be taken.

(2) Reconsideration requests. The facility, agency,

victim or guardian, or the subject employee may request

that the Office of Inspector General reconsider or clarify

its finding based upon additional information.

(o) Disclosure of the finding by the Inspector General. The

Inspector General shall disclose the finding of an

investigation to the following persons: (i) the Governor, (ii)

the Secretary, (iii) the director of the facility or agency,

(iv) the alleged victims and their guardians, (v) the

complainant, and (vi) the accused. This information shall

include whether the allegations were deemed substantiated,

unsubstantiated, or unfounded.

(p) Secretary review. Upon review of the Inspector

General's investigative report and any agency's or facility's

written response, the Secretary shall accept or reject the

written response and notify the Inspector General of that

determination. The Secretary may further direct that other

administrative action be taken, including, but not limited to,

any one or more of the following: (i) additional site visits,

(ii) training, (iii) provision of technical assistance

relative to administrative needs, licensure or certification,

or (iv) the imposition of appropriate sanctions.

(q) Action by facility or agency. Within 30 days of the

date the Secretary approves the written response or directs

that further administrative action be taken, the facility or

agency shall provide an implementation report to the Inspector

General that provides the status of the action taken. The

facility or agency shall be allowed an additional 30 days to

send notice of completion of the action or to send an updated

implementation report. If the action has not been completed

within the additional 30 day period, the facility or agency

shall send updated implementation reports every 60 days until

completion. The Inspector General shall conduct a review of any

implementation plan that takes more than 120 days after

approval to complete, and shall monitor compliance through a

random review of approved written responses, which may include,

but are not limited to: (i) site visits, (ii) telephone

contact, and (iii) requests for additional documentation

evidencing compliance.

(r) Sanctions. Sanctions, if imposed by the Secretary under

Subdivision (p)(iv) of this Section, shall be designed to

prevent further acts of mental abuse, physical abuse, sexual

abuse, neglect, egregious neglect, or financial exploitation

or some combination of one or more of those acts at a facility

or agency, and may include any one or more of the following:

(1) Appointment of on-site monitors.

(2) Transfer or relocation of an individual or

individuals.

(3) Closure of units.

(4) Termination of any one or more of the following:

(i) Department licensing, (ii) funding, or (iii)

certification.

The Inspector General may seek the assistance of the

Illinois Attorney General or the office of any State's Attorney

in implementing sanctions.

(s) Health care worker registry.

(1) Reporting to the registry. The Inspector General

shall report to the Department of Public Health's health

care worker registry, a public registry, the identity and

finding of each employee of a facility or agency against

whom there is a final investigative report containing a

substantiated allegation of physical or sexual abuse,

financial exploitation, or egregious neglect of an

individual.

(2) Notice to employee. Prior to reporting the name of

an employee, the employee shall be notified of the

Department's obligation to report and shall be granted an

opportunity to request an administrative hearing, the sole

purpose of which is to determine if the substantiated

finding warrants reporting to the registry. Notice to the

employee shall contain a clear and concise statement of the

grounds on which the report to the registry is based, offer

the employee an opportunity for a hearing, and identify the

process for requesting such a hearing. Notice is sufficient

if provided by certified mail to the employee's last known

address. If the employee fails to request a hearing within

30 days from the date of the notice, the Inspector General

shall report the name of the employee to the registry.

Nothing in this subdivision (s)(2) shall diminish or impair

the rights of a person who is a member of a collective

bargaining unit under the Illinois Public Labor Relations

Act or under any other federal labor statute.

(3) Registry hearings. If the employee requests an

administrative hearing, the employee shall be granted an

opportunity to appear before an administrative law judge to

present reasons why the employee's name should not be

reported to the registry. The Department shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that the substantiated

finding warrants reporting to the registry. After

considering all the evidence presented, the administrative

law judge shall make a recommendation to the Secretary as

to whether the substantiated finding warrants reporting

the name of the employee to the registry. The Secretary

shall render the final decision. The Department and the

employee shall have the right to request that the

administrative law judge consider a stipulated disposition

of these proceedings.

(4) Testimony at registry hearings. A person who makes

a report or who investigates a report under this Act shall

testify fully in any judicial proceeding resulting from

such a report, as to any evidence of abuse or neglect, or

the cause thereof. No evidence shall be excluded by reason

of any common law or statutory privilege relating to

communications between the alleged perpetrator of abuse or

neglect, or the individual alleged as the victim in the

report, and the person making or investigating the report.

Testimony at hearings is exempt from the confidentiality

requirements of subsection (f) of Section 10 of the Mental

Health and Developmental Disabilities Confidentiality Act.

(5) Employee's rights to collateral action. No

reporting to the registry shall occur and no hearing shall

be set or proceed if an employee notifies the Inspector

General in writing, including any supporting

documentation, that he or she is formally contesting an

adverse employment action resulting from a substantiated

finding by complaint filed with the Illinois Civil Service

Commission, or which otherwise seeks to enforce the

employee's rights pursuant to any applicable collective

bargaining agreement. If an action taken by an employer

against an employee as a result of a finding of physical

abuse, sexual abuse, or egregious neglect is overturned

through an action filed with the Illinois Civil Service

Commission or under any applicable collective bargaining

agreement and if that employee's name has already been sent

to the registry, the employee's name shall be removed from

the registry.

(6) Removal from registry. At any time after the report

to the registry, but no more than once in any 12-month

period, an employee may petition the Department in writing

to remove his or her name from the registry. Upon receiving

notice of such request, the Inspector General shall conduct

an investigation into the petition. Upon receipt of such

request, an administrative hearing will be set by the

Department. At the hearing, the employee shall bear the

burden of presenting evidence that establishes, by a

preponderance of the evidence, that removal of the name

from the registry is in the public interest. The parties

may jointly request that the administrative law judge

consider a stipulated disposition of these proceedings.

(t) Review of Administrative Decisions. The Department

shall preserve a record of all proceedings at any formal

hearing conducted by the Department involving health care

worker registry hearings. Final administrative decisions of

the Department are subject to judicial review pursuant to

provisions of the Administrative Review Law.

(u) Quality Care Board. There is created, within the Office

of the Inspector General, a Quality Care Board to be composed

of 7 members appointed by the Governor with the advice and

consent of the Senate. One of the members shall be designated

as chairman by the Governor. Of the initial appointments made

by the Governor, 4 Board members shall each be appointed for a

term of 4 years and 3 members shall each be appointed for a

term of 2 years. Upon the expiration of each member's term, a

successor shall be appointed for a term of 4 years. In the case

of a vacancy in the office of any member, the Governor shall

appoint a successor for the remainder of the unexpired term.

Members appointed by the Governor shall be qualified by

professional knowledge or experience in the area of law,

investigatory techniques, or in the area of care of the

mentally ill or care of persons with developmental disabilities

developmentally disabled. Two members appointed by the

Governor shall be persons with a disability or a parent of a

person with a disability. Members shall serve without

compensation, but shall be reimbursed for expenses incurred in

connection with the performance of their duties as members.

The Board shall meet quarterly, and may hold other meetings

on the call of the chairman. Four members shall constitute a

quorum allowing the Board to conduct its business. The Board

may adopt rules and regulations it deems necessary to govern

its own procedures.

The Board shall monitor and oversee the operations,

policies, and procedures of the Inspector General to ensure the

prompt and thorough investigation of allegations of neglect and

abuse. In fulfilling these responsibilities, the Board may do

the following:

(1) Provide independent, expert consultation to the

Inspector General on policies and protocols for

investigations of alleged abuse, neglect, or both abuse and

neglect.

(2) Review existing regulations relating to the

operation of facilities.

(3) Advise the Inspector General as to the content of

training activities authorized under this Section.

(4) Recommend policies concerning methods for

improving the intergovernmental relationships between the

Office of the Inspector General and other State or federal

offices.

(v) Annual report. The Inspector General shall provide to

the General Assembly and the Governor, no later than January 1

of each year, a summary of reports and investigations made

under this Act for the prior fiscal year with respect to

individuals receiving mental health or developmental

disabilities services. The report shall detail the imposition

of sanctions, if any, and the final disposition of any

corrective or administrative action directed by the Secretary.

The summaries shall not contain any confidential or identifying

information of any individual, but shall include objective data

identifying any trends in the number of reported allegations,

the timeliness of the Office of the Inspector General's

investigations, and their disposition, for each facility and

Department-wide, for the most recent 3-year time period. The

report shall also identify, by facility, the staff-to-patient

ratios taking account of direct care staff only. The report

shall also include detailed recommended administrative actions

and matters for consideration by the General Assembly.

(w) Program audit. The Auditor General shall conduct a

program audit of the Office of the Inspector General on an

as-needed basis, as determined by the Auditor General. The

audit shall specifically include the Inspector General's

compliance with the Act and effectiveness in investigating

reports of allegations occurring in any facility or agency. The

Auditor General shall conduct the program audit according to

the provisions of the Illinois State Auditing Act and shall

report its findings to the General Assembly no later than

January 1 following the audit period.

(x) Nothing in this Section shall be construed to mean that

a patient is a victim of abuse or neglect because of health

care services appropriately provided or not provided by health

care professionals.

(y) Nothing in this Section shall require a facility,

including its employees, agents, medical staff members, and

health care professionals, to provide a service to a patient in

contravention of that patient's stated or implied objection to

the provision of that service on the ground that that service

conflicts with the patient's religious beliefs or practices,

nor shall the failure to provide a service to a patient be

considered abuse under this Section if the patient has objected

to the provision of that service based on his or her religious

beliefs or practices.

(Source: P.A. 98-49, eff. 7-1-13; 98-711, eff. 7-16-14.)

(20 ILCS 1305/10-40)

Sec. 10-40. Recreational programs; persons with

disabilities handicapped; grants. The Department of Human

Services, subject to appropriation, may make grants to special

recreation associations for the operation of recreational

programs for persons with disabilities the handicapped,

including both persons with physical disabilities and persons

with mental disabilities physically and mentally handicapped,

and transportation to and from those programs. The grants

should target unserved or underserved populations, such as

persons with brain injuries, persons who are medically fragile,

and adults who have acquired disabling conditions. The

Department must adopt rules to implement the grant program.

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

Section 170. The Illinois Guaranteed Job Opportunity Act is

amended by changing Section 50 as follows:

(20 ILCS 1510/50)

Sec. 50. Nondiscrimination.

(a) General rule.

(1) Discrimination on the basis of age, on the basis of

physical or mental disability handicap, on the basis of

sex, or on the basis of race, color, or national origin is

prohibited.

(2) No individual shall be excluded from participation

in, denied the benefits of, subjected to discrimination

under, or denied employment in the administration of or in

connection with any project because of race, color,

religion, sex, national origin, age, physical or mental

disability handicap, or political affiliation or belief.

(3) (Blank).

(4) With respect to terms and conditions affecting, or

rights provided to, individuals who are participants in

activities supported by funds provided under this Act, the

individuals shall not be discriminated against solely

because of their status as the participants.

(b) (Blank).

(c) (Blank).

(Source: P.A. 93-46, eff. 7-1-03.)

Section 175. The Mental Health and Developmental

Disabilities Administrative Act is amended by changing

Sections 2, 4, 7, 7.2, 11.2, 14, 15b, 15.4, 18.2, 21.2, 33.3,

43, 46, 54.5, and 66 as follows:

(20 ILCS 1705/2) (from Ch. 91 1/2, par. 100-2)

Sec. 2. Definitions; administrative subdivisions.

(a) For the purposes of this Act, unless the context

otherwise requires:

"Department" means the Department of Human Services,

successor to the former Department of Mental Health and

Developmental Disabilities.

"Secretary" means the Secretary of Human Services.

(b) Unless the context otherwise requires:

(1) References in this Act to the programs or

facilities of the Department shall be construed to refer

only to those programs or facilities of the Department that

pertain to mental health or developmental disabilities.

(2) References in this Act to the Department's service

providers or service recipients shall be construed to refer

only to providers or recipients of services that pertain to

the Department's mental health and developmental

disabilities functions.

(3) References in this Act to employees of the

Department shall be construed to refer only to employees

whose duties pertain to the Department's mental health and

developmental disabilities functions.

(c) The Secretary shall establish such subdivisions of the

Department as shall be desirable and shall assign to the

various subdivisions the responsibilities and duties placed

upon the Department by the Laws of the State of Illinois.

(d) There is established a coordinator of services to deaf

and hearing impaired persons with mental disabilities mentally

disabled deaf and hearing impaired persons. In hiring this

coordinator, every consideration shall be given to qualified

deaf or hearing impaired individuals.

(e) Whenever the administrative director of the

subdivision for mental health services is not a board-certified

psychiatrist, the Secretary shall appoint a Chief for Clinical

Services who shall be a board-certified psychiatrist with both

clinical and administrative experience. The Chief for Clinical

Services shall be responsible for all clinical and medical

decisions for mental health services.

(Source: P.A. 91-536, eff. 1-1-00.)

(20 ILCS 1705/4) (from Ch. 91 1/2, par. 100-4)

Sec. 4. Supervision of facilities and services; quarterly

reports.

(a) To exercise executive and administrative supervision

over all facilities, divisions, programs and services now

existing or hereafter acquired or created under the

jurisdiction of the Department, including, but not limited to,

the following:

The Alton Mental Health Center, at Alton

The Clyde L. Choate Mental Health and Developmental

Center, at Anna

The Chester Mental Health Center, at Chester

The Chicago-Read Mental Health Center, at Chicago

The Elgin Mental Health Center, at Elgin

The Metropolitan Children and Adolescents Center, at

Chicago

The Jacksonville Developmental Center, at Jacksonville

The Governor Samuel H. Shapiro Developmental Center,

at Kankakee

The Tinley Park Mental Health Center, at Tinley Park

The Warren G. Murray Developmental Center, at

Centralia

The Jack Mabley Developmental Center, at Dixon

The Lincoln Developmental Center, at Lincoln

The H. Douglas Singer Mental Health and Developmental

Center, at Rockford

The John J. Madden Mental Health Center, at Chicago

The George A. Zeller Mental Health Center, at Peoria

The Andrew McFarland Mental Health Center, at

Springfield

The Adolf Meyer Mental Health Center, at Decatur

The William W. Fox Developmental Center, at Dwight

The Elisabeth Ludeman Developmental Center, at Park

Forest

The William A. Howe Developmental Center, at Tinley

Park

The Ann M. Kiley Developmental Center, at Waukegan.

(b) Beginning not later than July 1, 1977, the Department

shall cause each of the facilities under its jurisdiction which

provide in-patient care to comply with standards, rules and

regulations of the Department of Public Health prescribed under

Section 6.05 of the Hospital Licensing Act.

(b-5) The Department shall cause each of the facilities

under its jurisdiction that provide in-patient care to comply

with Section 6.25 of the Hospital Licensing Act.

(c) The Department shall issue quarterly reports on

admissions, deflections, discharges, bed closures,

staff-resident ratios, census, average length of stay, and any

adverse federal certification or accreditation findings, if

any, for each State-operated facility for the mentally ill and

for persons with developmental disabilities developmentally

disabled.

(Source: P.A. 96-389, eff. 1-1-10.)

(20 ILCS 1705/7) (from Ch. 91 1/2, par. 100-7)

Sec. 7. To receive and provide the highest possible quality

of humane and rehabilitative care and treatment to all persons

admitted or committed or transferred in accordance with law to

the facilities, divisions, programs, and services under the

jurisdiction of the Department. No resident of another state

shall be received or retained to the exclusion of any resident

of this State. No resident of another state shall be received

or retained to the exclusion of any resident of this State. All

recipients of 17 years of age and under in residence in a

Department facility other than a facility for the care of

persons with intellectual disabilities the intellectually

disabled shall be housed in quarters separated from older

recipients except for: (a) recipients who are placed in

medical-surgical units because of physical illness; and (b)

recipients between 13 and 18 years of age who need temporary

security measures.

All recipients in a Department facility shall be given a

dental examination by a licensed dentist or registered dental

hygienist at least once every 18 months and shall be assigned

to a dentist for such dental care and treatment as is

necessary.

All medications administered to recipients shall be

administered only by those persons who are legally qualified to

do so by the laws of the State of Illinois. Medication shall

not be prescribed until a physical and mental examination of

the recipient has been completed. If, in the clinical judgment

of a physician, it is necessary to administer medication to a

recipient before the completion of the physical and mental

examination, he may prescribe such medication but he must file

a report with the facility director setting forth the reasons

for prescribing such medication within 24 hours of the

prescription. A copy of the report shall be part of the

recipient's record.

No later than January 1, 2005, the Department shall adopt a

model protocol and forms for recording all patient diagnosis,

care, and treatment at each State-operated facility for the

mentally ill and for persons with developmental disabilities

developmentally disabled under the jurisdiction of the

Department. The model protocol and forms shall be used by each

facility unless the Department determines that equivalent

alternatives justify an exemption.

Every facility under the jurisdiction of the Department

shall maintain a copy of each report of suspected abuse or

neglect of the patient. Copies of those reports shall be made

available to the State Auditor General in connection with his

biennial program audit of the facility as required by Section

3-2 of the Illinois State Auditing Act.

No later than January 1 2004, the Department shall report

to the Governor and the General Assembly whether each

State-operated facility for the mentally ill and for persons

with developmental disabilities developmentally disabled under

the jurisdiction of the Department and all services provided in

those facilities comply with all of the applicable standards

adopted by the Social Security Administration under Subchapter

XVIII (Medicare) of the Social Security Act (42 U.S.C.

1395-1395ccc), if the facility and services may be eligible for

federal financial participation under that federal law. For

those facilities that do comply, the report shall indicate what

actions need to be taken to ensure continued compliance. For

those facilities that do not comply, the report shall indicate

what actions need to be taken to bring each facility into

compliance.

(Source: P.A. 97-227, eff. 1-1-12.)

(20 ILCS 1705/7.2) (from Ch. 91 1/2, par. 100-7.2)

Sec. 7.2. No otherwise qualified child with a disability

handicapped child receiving special education and related

services under Article 14 of The School Code shall solely by

reason of his or her disability handicap be excluded from the

participation in or be denied the benefits of or be subjected

to discrimination under any program or activity provided by the

Department.

(Source: P.A. 80-1403.)

(20 ILCS 1705/11.2) (from Ch. 91 1/2, par. 100-11.2)

Sec. 11.2. To maintain and operate the Bureau for Mentally

Ill Children and Adolescents and the Bureau for Children and

Adolescents with Developmental Disabilities Developmentally

Disabled Children and Adolescents. Each Bureau shall:

(a) develop the Department policies necessary to assure a

coherent services system for, and develop and coordinate

planning on a Statewide basis for delivery of services to,

children or adolescents with mental illness and children and

adolescents with a developmental disability, including:

(1) assessment of the need for various types of

programs, such as prevention, diagnosis, treatment and

rehabilitation, and

(2) design of a system to integrate additional

services, including service alternatives;

(b) provide consultation and technical assistance to the

appropriate Department subdivisions and coordinate service

planning and development efforts for children and adolescents

with a developmental disability and children or adolescents

with mental illness;

(c) develop cooperative programs with community service

providers and other State agencies which serve children;

(d) assist families in the placement of children with

mental illness, as specified in Section 7.1; and

(e) develop minimum standards for the operation of both

State-provided and contracted community-based services for

promulgation as rules.

(Source: P.A. 88-380.)

(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)

Sec. 14. Chester Mental Health Center. To maintain and

operate a facility for the care, custody, and treatment of

persons with mental illness or habilitation of persons with

developmental disabilities hereinafter designated, to be known

as the Chester Mental Health Center.

Within the Chester Mental Health Center there shall be

confined the following classes of persons, whose history, in

the opinion of the Department, discloses dangerous or violent

tendencies and who, upon examination under the direction of the

Department, have been found a fit subject for confinement in

that facility:

(a) Any male person who is charged with the commission

of a crime but has been acquitted by reason of insanity as

provided in Section 5-2-4 of the Unified Code of

Corrections.

(b) Any male person who is charged with the commission

of a crime but has been found unfit under Article 104 of

the Code of Criminal Procedure of 1963.

(c) Any male person with mental illness or

developmental disabilities or person in need of mental

treatment now confined under the supervision of the

Department or hereafter admitted to any facility thereof or

committed thereto by any court of competent jurisdiction.

If and when it shall appear to the facility director of the

Chester Mental Health Center that it is necessary to confine

persons in order to maintain security or provide for the

protection and safety of recipients and staff, the Chester

Mental Health Center may confine all persons on a unit to their

rooms. This period of confinement shall not exceed 10 hours in

a 24 hour period, including the recipient's scheduled hours of

sleep, unless approved by the Secretary of the Department.

During the period of confinement, the persons confined shall be

observed at least every 15 minutes. A record shall be kept of

the observations. This confinement shall not be considered

seclusion as defined in the Mental Health and Developmental

Disabilities Code.

The facility director of the Chester Mental Health Center

may authorize the temporary use of handcuffs on a recipient for

a period not to exceed 10 minutes when necessary in the course

of transport of the recipient within the facility to maintain

custody or security. Use of handcuffs is subject to the

provisions of Section 2-108 of the Mental Health and

Developmental Disabilities Code. The facility shall keep a

monthly record listing each instance in which handcuffs are

used, circumstances indicating the need for use of handcuffs,

and time of application of handcuffs and time of release

therefrom. The facility director shall allow the Illinois

Guardianship and Advocacy Commission, the agency designated by

the Governor under Section 1 of the Protection and Advocacy for

Persons with Developmental Disabilities Developmentally

Disabled Persons Act, and the Department to examine and copy

such record upon request.

The facility director of the Chester Mental Health Center

may authorize the temporary use of transport devices on a civil

recipient when necessary in the course of transport of the

civil recipient outside the facility to maintain custody or

security. The decision whether to use any transport devices

shall be reviewed and approved on an individualized basis by a

physician based upon a determination of the civil recipient's:

(1) history of violence, (2) history of violence during

transports, (3) history of escapes and escape attempts, (4)

history of trauma, (5) history of incidents of restraint or

seclusion and use of involuntary medication, (6) current

functioning level and medical status, and (7) prior experience

during similar transports, and the length, duration, and

purpose of the transport. The least restrictive transport

device consistent with the individual's need shall be used.

Staff transporting the individual shall be trained in the use

of the transport devices, recognizing and responding to a

person in distress, and shall observe and monitor the

individual while being transported. The facility shall keep a

monthly record listing all transports, including those

transports for which use of transport devices was not sought,

those for which use of transport devices was sought but denied,

and each instance in which transport devices are used,

circumstances indicating the need for use of transport devices,

time of application of transport devices, time of release from

those devices, and any adverse events. The facility director

shall allow the Illinois Guardianship and Advocacy Commission,

the agency designated by the Governor under Section 1 of the

Protection and Advocacy for Persons with Developmental

Disabilities Developmentally Disabled Persons Act, and the

Department to examine and copy the record upon request. This

use of transport devices shall not be considered restraint as

defined in the Mental Health and Developmental Disabilities

Code. For the purpose of this Section "transport device" means

ankle cuffs, handcuffs, waist chains or wrist-waist devices

designed to restrict an individual's range of motion while

being transported. These devices must be approved by the

Division of Mental Health, used in accordance with the

manufacturer's instructions, and used only by qualified staff

members who have completed all training required to be eligible

to transport patients and all other required training relating

to the safe use and application of transport devices, including

recognizing and responding to signs of distress in an

individual whose movement is being restricted by a transport

device.

If and when it shall appear to the satisfaction of the

Department that any person confined in the Chester Mental

Health Center is not or has ceased to be such a source of

danger to the public as to require his subjection to the

regimen of the center, the Department is hereby authorized to

transfer such person to any State facility for treatment of

persons with mental illness or habilitation of persons with

developmental disabilities, as the nature of the individual

case may require.

Subject to the provisions of this Section, the Department,

except where otherwise provided by law, shall, with respect to

the management, conduct and control of the Chester Mental

Health Center and the discipline, custody and treatment of the

persons confined therein, have and exercise the same rights and

powers as are vested by law in the Department with respect to

any and all of the State facilities for treatment of persons

with mental illness or habilitation of persons with

developmental disabilities, and the recipients thereof, and

shall be subject to the same duties as are imposed by law upon

the Department with respect to such facilities and the

recipients thereof.

The Department may elect to place persons who have been

ordered by the court to be detained under the Sexually Violent

Persons Commitment Act in a distinct portion of the Chester

Mental Health Center. The persons so placed shall be separated

and shall not comingle with the recipients of the Chester

Mental Health Center. The portion of Chester Mental Health

Center that is used for the persons detained under the Sexually

Violent Persons Commitment Act shall not be a part of the

mental health facility for the enforcement and implementation

of the Mental Health and Developmental Disabilities Code nor

shall their care and treatment be subject to the provisions of

the Mental Health and Developmental Disabilities Code. The

changes added to this Section by this amendatory Act of the

98th General Assembly are inoperative on and after June 30,

2015.

(Source: P.A. 98-79, eff. 7-15-13; 98-356, eff. 8-16-13;

98-756, eff. 7-16-14.)

(20 ILCS 1705/15b) (from Ch. 91 1/2, par. 100-15b)

Sec. 15b. For recipients awaiting conditional discharge or

placement, to execute any document relating to or make any

application for any benefit including state or federal on

behalf of any recipient in a Department program if the

recipient is a person with a mental disability and is unable to

mentally disabled to manage his own affairs.

(Source: P.A. 86-922.)

(20 ILCS 1705/15.4)

Sec. 15.4. Authorization for nursing delegation to permit

direct care staff to administer medications.

(a) This Section applies to (i) all programs for persons

with a developmental disability in settings of 16 persons or

fewer that are funded or licensed by the Department of Human

Services and that distribute or administer medications and (ii)

all intermediate care facilities for persons with

developmental disabilities the developmentally disabled with

16 beds or fewer that are licensed by the Department of Public

Health. The Department of Human Services shall develop a

training program for authorized direct care staff to administer

medications under the supervision and monitoring of a

registered professional nurse. This training program shall be

developed in consultation with professional associations

representing (i) physicians licensed to practice medicine in

all its branches, (ii) registered professional nurses, and

(iii) pharmacists.

(b) For the purposes of this Section:

"Authorized direct care staff" means non-licensed persons

who have successfully completed a medication administration

training program approved by the Department of Human Services

and conducted by a nurse-trainer. This authorization is

specific to an individual receiving service in a specific

agency and does not transfer to another agency.

"Medications" means oral and topical medications, insulin

in an injectable form, oxygen, epinephrine auto-injectors, and

vaginal and rectal creams and suppositories. "Oral" includes

inhalants and medications administered through enteral tubes,

utilizing aseptic technique. "Topical" includes eye, ear, and

nasal medications. Any controlled substances must be packaged

specifically for an identified individual.

"Insulin in an injectable form" means a subcutaneous

injection via an insulin pen pre-filled by the manufacturer.

Authorized direct care staff may administer insulin, as ordered

by a physician, advanced practice nurse, or physician

assistant, if: (i) the staff has successfully completed a

Department-approved advanced training program specific to

insulin administration developed in consultation with

professional associations listed in subsection (a) of this

Section, and (ii) the staff consults with the registered nurse,

prior to administration, of any insulin dose that is determined

based on a blood glucose test result. The authorized direct

care staff shall not: (i) calculate the insulin dosage needed

when the dose is dependent upon a blood glucose test result, or

(ii) administer insulin to individuals who require blood

glucose monitoring greater than 3 times daily, unless directed

to do so by the registered nurse.

"Nurse-trainer training program" means a standardized,

competency-based medication administration train-the-trainer

program provided by the Department of Human Services and

conducted by a Department of Human Services master

nurse-trainer for the purpose of training nurse-trainers to

train persons employed or under contract to provide direct care

or treatment to individuals receiving services to administer

medications and provide self-administration of medication

training to individuals under the supervision and monitoring of

the nurse-trainer. The program incorporates adult learning

styles, teaching strategies, classroom management, and a

curriculum overview, including the ethical and legal aspects of

supervising those administering medications.

"Self-administration of medications" means an individual

administers his or her own medications. To be considered

capable to self-administer their own medication, individuals

must, at a minimum, be able to identify their medication by

size, shape, or color, know when they should take the

medication, and know the amount of medication to be taken each

time.

"Training program" means a standardized medication

administration training program approved by the Department of

Human Services and conducted by a registered professional nurse

for the purpose of training persons employed or under contract

to provide direct care or treatment to individuals receiving

services to administer medications and provide

self-administration of medication training to individuals

under the delegation and supervision of a nurse-trainer. The

program incorporates adult learning styles, teaching

strategies, classroom management, curriculum overview,

including ethical-legal aspects, and standardized

competency-based evaluations on administration of medications

and self-administration of medication training programs.

(c) Training and authorization of non-licensed direct care

staff by nurse-trainers must meet the requirements of this

subsection.

(1) Prior to training non-licensed direct care staff to

administer medication, the nurse-trainer shall perform the

following for each individual to whom medication will be

administered by non-licensed direct care staff:

(A) An assessment of the individual's health

history and physical and mental status.

(B) An evaluation of the medications prescribed.

(2) Non-licensed authorized direct care staff shall

meet the following criteria:

(A) Be 18 years of age or older.

(B) Have completed high school or have a high

school equivalency certificate.

(C) Have demonstrated functional literacy.

(D) Have satisfactorily completed the Health and

Safety component of a Department of Human Services

authorized direct care staff training program.

(E) Have successfully completed the training

program, pass the written portion of the comprehensive

exam, and score 100% on the competency-based

assessment specific to the individual and his or her

medications.

(F) Have received additional competency-based

assessment by the nurse-trainer as deemed necessary by

the nurse-trainer whenever a change of medication

occurs or a new individual that requires medication

administration enters the program.

(3) Authorized direct care staff shall be re-evaluated

by a nurse-trainer at least annually or more frequently at

the discretion of the registered professional nurse. Any

necessary retraining shall be to the extent that is

necessary to ensure competency of the authorized direct

care staff to administer medication.

(4) Authorization of direct care staff to administer

medication shall be revoked if, in the opinion of the

registered professional nurse, the authorized direct care

staff is no longer competent to administer medication.

(5) The registered professional nurse shall assess an

individual's health status at least annually or more

frequently at the discretion of the registered

professional nurse.

(d) Medication self-administration shall meet the

following requirements:

(1) As part of the normalization process, in order for

each individual to attain the highest possible level of

independent functioning, all individuals shall be

permitted to participate in their total health care

program. This program shall include, but not be limited to,

individual training in preventive health and

self-medication procedures.

(A) Every program shall adopt written policies and

procedures for assisting individuals in obtaining

preventative health and self-medication skills in

consultation with a registered professional nurse,

advanced practice nurse, physician assistant, or

physician licensed to practice medicine in all its

branches.

(B) Individuals shall be evaluated to determine

their ability to self-medicate by the nurse-trainer

through the use of the Department's required,

standardized screening and assessment instruments.

(C) When the results of the screening and

assessment indicate an individual not to be capable to

self-administer his or her own medications, programs

shall be developed in consultation with the Community

Support Team or Interdisciplinary Team to provide

individuals with self-medication administration.

(2) Each individual shall be presumed to be competent

to self-administer medications if:

(A) authorized by an order of a physician licensed

to practice medicine in all its branches; and

(B) approved to self-administer medication by the

individual's Community Support Team or

Interdisciplinary Team, which includes a registered

professional nurse or an advanced practice nurse.

(e) Quality Assurance.

(1) A registered professional nurse, advanced practice

nurse, licensed practical nurse, physician licensed to

practice medicine in all its branches, physician

assistant, or pharmacist shall review the following for all

individuals:

(A) Medication orders.

(B) Medication labels, including medications

listed on the medication administration record for

persons who are not self-medicating to ensure the

labels match the orders issued by the physician

licensed to practice medicine in all its branches,

advanced practice nurse, or physician assistant.

(C) Medication administration records for persons

who are not self-medicating to ensure that the records

are completed appropriately for:

(i) medication administered as prescribed;

(ii) refusal by the individual; and

(iii) full signatures provided for all

initials used.

(2) Reviews shall occur at least quarterly, but may be

done more frequently at the discretion of the registered

professional nurse or advanced practice nurse.

(3) A quality assurance review of medication errors and

data collection for the purpose of monitoring and

recommending corrective action shall be conducted within 7

days and included in the required annual review.

(f) Programs using authorized direct care staff to

administer medications are responsible for documenting and

maintaining records on the training that is completed.

(g) The absence of this training program constitutes a

threat to the public interest, safety, and welfare and

necessitates emergency rulemaking by the Departments of Human

Services and Public Health under Section 5-45 of the Illinois

Administrative Procedure Act.

(h) Direct care staff who fail to qualify for delegated

authority to administer medications pursuant to the provisions

of this Section shall be given additional education and testing

to meet criteria for delegation authority to administer

medications. Any direct care staff person who fails to qualify

as an authorized direct care staff after initial training and

testing must within 3 months be given another opportunity for

retraining and retesting. A direct care staff person who fails

to meet criteria for delegated authority to administer

medication, including, but not limited to, failure of the

written test on 2 occasions shall be given consideration for

shift transfer or reassignment, if possible. No employee shall

be terminated for failure to qualify during the 3-month time

period following initial testing. Refusal to complete training

and testing required by this Section may be grounds for

immediate dismissal.

(i) No authorized direct care staff person delegated to

administer medication shall be subject to suspension or

discharge for errors resulting from the staff person's acts or

omissions when performing the functions unless the staff

person's actions or omissions constitute willful and wanton

conduct. Nothing in this subsection is intended to supersede

paragraph (4) of subsection (c).

(j) A registered professional nurse, advanced practice

nurse, physician licensed to practice medicine in all its

branches, or physician assistant shall be on duty or on call at

all times in any program covered by this Section.

(k) The employer shall be responsible for maintaining

liability insurance for any program covered by this Section.

(l) Any direct care staff person who qualifies as

authorized direct care staff pursuant to this Section shall be

granted consideration for a one-time additional salary

differential. The Department shall determine and provide the

necessary funding for the differential in the base. This

subsection (l) is inoperative on and after June 30, 2000.

(Source: P.A. 98-718, eff. 1-1-15; 98-901, eff. 8-15-14;

revised 10-2-14.)

(20 ILCS 1705/18.2) (from Ch. 91 1/2, par. 100-18.2)

Sec. 18.2. Integrated system for services for persons with

developmental disabilities developmentally disabled. The

Department shall develop an effective, integrated system for

delivering State-funded and State-operated services to persons

with developmental disabilities. No later than June 30, 1993,

the Department shall enter into one or more co-operative

arrangements with the Department of Public Aid, the Department

of Rehabilitation Services, the Department of Public Health,

and any other appropriate entities for administration or

supervision by the Department of Mental Health and

Developmental Disabilities of all State programs for services

to persons in community care facilities for persons with

developmental disabilities, including but not limited to

intermediate care facilities, that are supported by State funds

or by funding under Title XIX of the federal Social Security

Act. The Department of Human Services shall succeed to the

responsibilities of the Department of Mental Health and

Developmental Disabilities and the Department of

Rehabilitation Services under any such cooperative arrangement

in existence on July 1, 1997.

(Source: P.A. 89-507, eff. 7-1-97.)

(20 ILCS 1705/21.2) (from Ch. 91 1/2, par. 100-21.2)

Sec. 21.2. The Fund for Persons with Developmental

Disabilities the Developmentally Disabled, heretofore created

as a special fund in the State Treasury under repealed Section

5-119 of the Mental Health and Developmental Disabilities Code,

is continued under this Section. The Secretary may accept

moneys from any source for deposit into the Fund. The moneys in

the Fund shall be used by the Department, subject to

appropriation, for the purpose of providing for the care,

support and treatment of low-income persons with a

developmental disability, or low-income persons otherwise

eligible for Department services, as defined by the Department.

(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

(20 ILCS 1705/33.3) (from Ch. 91 1/2, par. 100-33.3)

Sec. 33.3. (a) The Department may develop an annual plan

for staff training. The plan shall establish minimum training

objectives and time frames and shall be based on the assessment

of needs of direct treatment staff. The plan shall be developed

using comments from employee representative organizations and

State and national professional and advocacy groups. The

training plan shall be available for public review and comment.

(b) A centralized pre-service training curriculum shall be

developed for classifications of employees of State-operated

facilities who have responsibility for direct patient care and

whose professional training and experience does not

substantially include the minimum training required under this

Section, as determined by the Department. The plan shall

address, at a minimum, the following areas:

(1) Crisis intervention;

(2) Communication (interpersonal theory, active

listening and observing);

(3) Group process and group dynamics;

(4) Diagnosis, management, treatment and discharge

planning;

(5) Psychotherapeutic and psychopharmacological

psychosocial approaches;

(6) Community resources;

(7) Specialized skills for: long-term treatment,

teaching activities of daily living skills (e.g.,

grooming), psychosocial rehabilitation, and schizophrenia

and the aged, dual-diagnosed, young, and chronic;

(8) The Mental Health and Developmental Disabilities

Code;

(9) The Mental Health and Developmental Disabilities

Confidentiality Act;

(10) Physical intervention techniques;

(11) Aggression management;

(12) Cardiopulmonary resuscitation;

(13) Social assessment training;

(14) Suicide prevention and intervention;

(15) Tardive dyskinesia;

(16) Fire safety;

(17) Acquired immunodeficiency syndrome (AIDS);

(18) Toxic substances;

(19) The detection and reporting of suspected

recipient abuse and neglect; and

(20) Methods of avoiding or reducing injuries in

connection with delivery of services.

(c) Each program shall establish a unit-specific

orientation which details the types of patients served, rules,

treatment strategies, response to medical emergencies,

policies and procedures, seclusion, restraint for special need

recipients, and community resources.

(d) The plan shall provide for in-service and any other

necessary training for direct service staff and shall include a

system for verification of completion. Pre-service training

shall be completed within 6 months after beginning employment,

as a condition of continued employment and as a prerequisite to

contact with recipients of services, except in the course of

supervised on-the-job training that may be a component of the

training plan. The plan may also require additional training in

relation to changes in employee work assignments and job

classifications of professional and direct service staff.

Direct care staff shall be trained in methods of

communicating with recipients who are not verbal, including

discerning signs of discomfort or medical problems experienced

by a recipient. Facility administrators also shall receive such

training, to ensure that facility operations are adapted to the

needs of recipients with mental disabilities mentally disabled

recipients.

(e) To facilitate training, the Department may develop at

least 2 training offices, one serving State-operated

facilities located in the Chicago metropolitan area and the

second serving other facilities operated by the Department.

These offices shall develop and conduct the pre-service and

in-service training programs required by this Section and

coordinate other training required by the Department.

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

(20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)

Sec. 43. To provide habilitation and care for persons with

an intellectual disability the intellectually disabled and

persons with a developmental disability and counseling for

their families in accordance with programs established and

conducted by the Department.

In assisting families to place such persons in need of care

in licensed facilities for persons with an intellectual

disability the intellectually disabled and persons with a

developmental disability, the Department may supplement the

amount a family is able to pay, as determined by the Department

in accordance with Sections 5-105 through 5-116 of the "Mental

Health and Developmental Disabilities Code" as amended, and the

amount available from other sources. The Department shall have

the authority to determine eligibility for placement of a

person in a private facility.

Whenever a person with an intellectual disability an

intellectually disabled person or a client is placed in a

private facility pursuant to this Section, such private

facility must give the Department and the person's guardian or

nearest relative, at least 30 days' notice in writing before

such person may be discharged or transferred from the private

facility, except in an emergency.

(Source: P.A. 97-227, eff. 1-1-12.)

(20 ILCS 1705/46) (from Ch. 91 1/2, par. 100-46)

Sec. 46. Separation between the sexes shall be maintained

relative to sleeping quarters in each facility under the

jurisdiction of the Department, except in relation to quarters

for children with intellectual disabilities intellectually

disabled children under age 6 and quarters for persons with

intellectual disabilities that are severely-profound

severely-profoundly intellectually disabled persons and

nonambulatory persons with intellectual disabilities

nonambulatory intellectually disabled persons, regardless of

age.

(Source: P.A. 97-227, eff. 1-1-12.)

(20 ILCS 1705/54.5)

Sec. 54.5. Community care for persons with developmental

disabilities the developmentally disabled quality workforce

initiative.

(a) Legislative intent. Individuals with developmental

disabilities who live in community-based settings rely on

direct support staff for a variety of supports and services

essential to the ability to reach their full potential. A

stable, well-trained direct support workforce is critical to

the well-being of these individuals. State and national studies

have documented high rates of turnover among direct support

workers and confirmed that improvements in wages can help

reduce turnover and develop a more stable and committed

workforce. This Section would increase the wages and benefits

for direct care workers supporting individuals with

developmental disabilities and provide accountability by

ensuring that additional resources go directly to these

workers.

(b) Reimbursement. In order to attract and retain a stable,

qualified, and healthy workforce, beginning July 1, 2010, the

Department of Human Services may reimburse an individual

community service provider serving individuals with

developmental disabilities for spending incurred to provide

improved wages and benefits to its employees serving

individuals with developmental disabilities developmentally

disabled individuals. Reimbursement shall be based upon the

provider's most recent cost report. Subject to available

appropriations, this reimbursement shall be made according to

the following criteria:

(1) The Department shall reimburse the provider to

compensate for spending on improved wages and benefits for

its eligible employees. Eligible employees include

employees engaged in direct care work.

(2) In order to qualify for reimbursement under this

Section, a provider must submit to the Department, before

January 1 of each year, documentation of a written, legally

binding commitment to increase spending for the purpose of

providing improved wages and benefits to its eligible

employees during the next year. The commitment must be

binding as to both existing and future staff. The

commitment must include a method of enforcing the

commitment that is available to the employees or their

representative and is expeditious, uses a neutral

decision-maker, and is economical for the employees. The

Department must also receive documentation of the

provider's provision of written notice of the commitment

and the availability of the enforcement mechanism to the

employees or their representative.

(3) Reimbursement shall be based on the amount of

increased spending to be incurred by the provider for

improving wages and benefits that exceeds the spending

reported in the cost report currently used by the

Department. Reimbursement shall be calculated as follows:

the per diem equivalent of the quarterly difference between

the cost to provide improved wages and benefits for covered

eligible employees as identified in the legally binding

commitment and the previous period cost of wages and

benefits as reported in the cost report currently used by

the Department, subject to the limitations identified in

paragraph (2) of this subsection. In no event shall the per

diem increase be in excess of $7.00 for any 12 month

period, or in excess of $8.00 for any 12 month period for

community-integrated living arrangements with 4 beds or

less. For purposes of this Section, "community-integrated

living arrangement" has the same meaning ascribed to that

term in the Community-Integrated Living Arrangements

Licensure and Certification Act.

(4) Any community service provider is eligible to

receive reimbursement under this Section. A provider's

eligibility to receive reimbursement shall continue as

long as the provider maintains eligibility under paragraph

(2) of this subsection and the reimbursement program

continues to exist.

(c) Audit. Reimbursement under this Section is subject to

audit by the Department and shall be reduced or eliminated in

the case of any provider that does not honor its commitment to

increase spending to improve the wages and benefits of its

employees or that decreases such spending.

(Source: P.A. 96-1124, eff. 7-20-10.)

(20 ILCS 1705/66) (from Ch. 91 1/2, par. 100-66)

Sec. 66. Domestic abuse of adults with disabilities

disabled adults. Pursuant to the Abuse of Adults with

Disabilities Intervention Act, the Department shall have the

authority to provide developmental disability or mental health

services in state-operated facilities or through Department

supported community agencies to eligible adults in

substantiated cases of abuse, neglect or exploitation on a

priority basis and to waive current eligibility requirements in

an emergency pursuant to the Abuse of Adults with Disabilities

Intervention Act. This Section shall not be interpreted to be

in conflict with standards for admission to residential

facilities as provided in the Mental Health and Developmental

Disabilities Code.

(Source: P.A. 91-671, eff. 7-1-00.)

Section 180. The Military Code of Illinois is amended by

changing Sections 28.6 and 52 as follows:

(20 ILCS 1805/28.6)

Sec. 28.6. Policy.

(a) A member of the Army National Guard or the Air National

Guard may be ordered to funeral honors duty in accordance with

this Article. That member shall receive an allowance of $100

for any day on which a minimum of 2 hours of funeral honors

duty is performed. Members of the Illinois National Guard

ordered to funeral honors duty in accordance with this Article

are considered to be in the active service of the State for all

purposes except for pay, and the provisions of Sections 52, 53,

54, 55, and 56 of the Military Code of Illinois apply if a

member of the Illinois National Guard is injured or becomes a

person with a disability disabled in the course of those

duties.

(b) The Adjutant General may provide support for other

authorized providers who volunteer to participate in a funeral

honors detail conducted on behalf of the Governor. This support

is limited to transportation, reimbursement for

transportation, expenses, materials, and training.

(c) On or after July 1, 2006, if the Adjutant General

determines that Illinois National Guard personnel are not

available to perform military funeral honors in accordance with

this Article, the Adjutant General may authorize another

appropriate organization to provide one or more of its members

to perform those honors and, subject to appropriations for that

purpose, shall authorize the payment of a $100 stipend to the

organization.

(Source: P.A. 94-251, eff. 1-1-06; 94-359, eff. 7-1-06; 95-331,

eff. 8-21-07.)

(20 ILCS 1805/52) (from Ch. 129, par. 220.52)

Sec. 52. Injured personnel or personnel with a disability

or disabled personnel; treatment; compensation. Officers,

warrant officers, or enlisted personnel of the Illinois

National Guard who may be injured in any way, including without

limitation through illness, while on duty and lawfully

performing the same, are entitled to be treated by an officer

of the medical or dental department detailed by the Adjutant

General, or at the nearest appropriate medical treatment

facility if such an officer is not detailed. Officers, warrant

officers, or enlisted personnel of the Illinois National Guard

who may be wounded or disabled in any way, while on duty and

lawfully performing the same, so as to prevent their working at

their profession, trade, or other occupation from which they

gain their living, are entitled to be treated by an officer of

the medical or dental department detailed by the Adjutant

General, or at the nearest appropriate medical treatment

facility if such an officer is not detailed, and, as long as

the Illinois National Guard has not been called into federal

service, are entitled to all privileges due them as State

employees under the "Workers' Compensation Act", approved July

9, 1951, as now or hereafter amended, and the "Workers'

Occupational Diseases Act", approved July 9, 1951, as now or

hereafter amended. For purposes of this Section, injured,

wounded, or disabled "while on duty and lawfully performing the

same" means incurring an injury, wound, or disability while in

a State military status pursuant to orders of the

Commander-in-Chief, except when the injury, wound, or

disability is caused by the officer's, warrant officer's, or

enlisted personnel's own misconduct.

(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)

Section 185. The State Guard Act is amended by changing

Section 16 as follows:

(20 ILCS 1815/16) (from Ch. 129, par. 244)

Sec. 16. Any officer or warrant officer, who becomes a

person with a disability becoming disabled from wounds,

injuries or illness, so as to prevent him from active service

thereafter, shall, on recommendation of a retirement board of

three officers, two of whom shall be medical officers, be

placed upon the retired list in his grade at time of

retirement.

(Source: Laws 1951, p. 1999.)

Section 190. The Abandoned Mined Lands and Water

Reclamation Act is amended by changing Section 2.08 as follows:

(20 ILCS 1920/2.08) (from Ch. 96 1/2, par. 8002.08)

Sec. 2.08. Special reclamation programs.

(a) In addition to the authority to acquire land under

Section 2.06, the Department may use funds provided under the

Federal Act to acquire land by purchase, donation, or

condemnation, to reclaim such acquired land and retain the land

or transfer title to it to a political subdivision or to any

person, firm, association, or corporation, if the Department

determines that such is an integral and necessary element of an

economically feasible plan for the project to construct or

rehabilitate housing for persons who have a disability disabled

as the result of employment in the mines or work incidental

thereto, persons displaced by acquisition of land under Section

2.06, or persons dislocated as the result of adverse effects of

mining practices which constitute an emergency as provided in

the Federal Act or persons dislocated as the result of natural

disasters or catastrophic failures from any cause. No part of

the funds provided under this Section may be used to pay the

actual construction costs of housing.

(b) Use of funds under this Section shall be subject to

requirements under the Federal Act with respect to such

projects.

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

Section 195. The Department of Public Health Act is amended

by changing Section 4 as follows:

(20 ILCS 2305/4) (from Ch. 111 1/2, par. 22.02)

Sec. 4. No otherwise qualified child with a disability

handicapped child receiving special education and related

services under Article 14 of The School Code shall solely by

reason of his or her disability handicap be excluded from the

participation in or be denied the benefits of or be subjected

to discrimination under any program or activity provided by the

Department.

(Source: P.A. 80-1403.)

Section 200. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by changing Section 2310-680 as follows:

(20 ILCS 2310/2310-680)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2310-680. Multiple Sclerosis Task Force.

(a) The General Assembly finds and declares the following:

(1) Multiple sclerosis (MS) is a chronic, often

disabling, disease that attacks the central nervous

system, which is comprised of the brain, spinal cord, and

optic nerves. MS is the number one disabling disease among

young adults, striking in the prime of life. It is a

disease in which the body, through its immune system,

launches a defensive and damaging attack against its own

tissues. MS damages the nerve-insulating myelin sheath

that surrounds and protects the brain. The damage to the

myelin sheath slows down or blocks messages between the

brain and the body.

(2) Most people experience their first symptoms of MS

between the ages of 20 and 40, but MS can appear in young

children and teens as well as much older adults. MS

symptoms can include visual disturbances, muscle weakness,

trouble with coordination and balance, sensations such as

numbness, prickling or pins and needles, and thought and

memory problems. MS patients can also experience partial or

complete paralysis, speech impediments, tremors,

dizziness, stiffness and spasms, fatigue, paresthesias,

pain, and loss of sensation.

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

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

significantly increases a person's risk of developing the

disease. According to the National Institute of

Neurological Disorders and Stroke, it is estimated that

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

United States who are diagnosed with MS. This estimate

suggests that approximately 200 new cases are diagnosed

each week. Other sources report a population of at least

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

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

clusters identified in Illinois.

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

variable nature of the disease makes it very difficult to

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

often with young children, can be overwhelming. Among

common diagnoses, non-stroke neurologic illnesses, such as

multiple sclerosis, were associated with the highest

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

by diabetes ($26,971), injuries ($25,096), stroke

($23,380), mental illnesses ($23,178), and heart disease

($21,955). Median out-of-pocket costs for health care

among people with MS, excluding insurance premiums, were

almost twice as much as the general population. The costs

associated with MS increase with greater disability. Costs

for individuals with a severe disability severely disabled

individuals are more than twice those for persons with a

relatively mild form of the disease. A recent study of

medical bankruptcy found that 62.1% of all personal

bankruptcies in the United States were related to medical

costs.

(5) Therefore, it is in the public interest for the

State to establish a Multiple Sclerosis Task Force in order

to identify and address the unmet needs of persons with MS

and develop ways to enhance their quality of life.

(b) There is established the Multiple Sclerosis Task Force

in the Department of Public Health. The purpose of the Task

Force shall be to:

(1) develop strategies to identify and address the

unmet needs of persons with MS in order to enhance the

quality of life of persons with MS by maximizing

productivity and independence and addressing emotional,

social, financial, and vocational challenges of persons

with MS;

(2) develop strategies to provide persons with MS

greater access to various treatments and other therapeutic

options that may be available; and

(3) develop strategies to improve multiple sclerosis

education and awareness.

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

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

Human Services, or their designees, who shall serve ex

officio; and

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

the Director of Public Health as follows: 2 neurologists

licensed to practice medicine in this State; 3 registered

nurses or other health professionals with MS certification

and extensive expertise with progressed MS; one person upon

the recommendation of the National Multiple Sclerosis

Society; 3 persons who represent agencies that provide

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

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

MS; and 2 members of the public with a demonstrated

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

Vacancies in the membership of the Task Force shall be

filled in the same manner provided for in the original

appointments.

(d) The Task Force shall organize within 120 days following

the appointment of a majority of its members and shall select a

chairperson and vice-chairperson from among the members. The

chairperson shall appoint a secretary who need not be a member

of the Task Force.

(e) The public members shall serve without compensation and

shall not be reimbursed for necessary expenses incurred in the

performance of their duties unless funds become available to

the Task Force.

(f) The Task Force may meet and hold hearings as it deems

appropriate.

(g) The Department of Public Health shall provide staff

support to the Task Force.

(h) The Task Force shall report its findings and

recommendations to the Governor and to the General Assembly,

along with any legislative bills that it desires to recommend

for adoption by the General Assembly, no later than December

31, 2015.

(i) The Task Force is abolished and this Section is

repealed on January 1, 2016.

(Source: P.A. 98-530, eff. 8-23-13; 98-756, eff. 7-16-14.)

Section 205. The Disabled Persons Rehabilitation Act is

amended by changing Sections 0.01, 3, 5b, 10 and 13 as follows:

(20 ILCS 2405/0.01) (from Ch. 23, par. 3429)

Sec. 0.01. Short title. This Act may be cited as the

Rehabilitation of Persons with Disabilities Disabled Persons

Rehabilitation Act.

(Source: P.A. 86-1324.)

(20 ILCS 2405/3) (from Ch. 23, par. 3434)

Sec. 3. Powers and duties. The Department shall have the

powers and duties enumerated herein:

(a) To co-operate with the federal government in the

administration of the provisions of the federal Rehabilitation

Act of 1973, as amended, of the Workforce Investment Act of

1998, and of the federal Social Security Act to the extent and

in the manner provided in these Acts.

(b) To prescribe and supervise such courses of vocational

training and provide such other services as may be necessary

for the habilitation and rehabilitation of persons with one or

more disabilities, including the administrative activities

under subsection (e) of this Section, and to co-operate with

State and local school authorities and other recognized

agencies engaged in habilitation, rehabilitation and

comprehensive rehabilitation services; and to cooperate with

the Department of Children and Family Services regarding the

care and education of children with one or more disabilities.

(c) (Blank).

(d) To report in writing, to the Governor, annually on or

before the first day of December, and at such other times and

in such manner and upon such subjects as the Governor may

require. The annual report shall contain (1) a statement of the

existing condition of comprehensive rehabilitation services,

habilitation and rehabilitation in the State; (2) a statement

of suggestions and recommendations with reference to the

development of comprehensive rehabilitation services,

habilitation and rehabilitation in the State; and (3) an

itemized statement of the amounts of money received from

federal, State and other sources, and of the objects and

purposes to which the respective items of these several amounts

have been devoted.

(e) (Blank).

(f) To establish a program of services to prevent the

unnecessary institutionalization of persons in need of long

term care and who meet the criteria for blindness or disability

as defined by the Social Security Act, thereby enabling them to

remain in their own homes. Such preventive services include any

or all of the following:

(1) personal assistant services;

(2) homemaker services;

(3) home-delivered meals;

(4) adult day care services;

(5) respite care;

(6) home modification or assistive equipment;

(7) home health services;

(8) electronic home response;

(9) brain injury behavioral/cognitive services;

(10) brain injury habilitation;

(11) brain injury pre-vocational services; or

(12) brain injury supported employment.

The Department shall establish eligibility standards for

such services taking into consideration the unique economic and

social needs of the population for whom they are to be

provided. Such eligibility standards may be based on the

recipient's ability to pay for services; provided, however,

that any portion of a person's income that is equal to or less

than the "protected income" level shall not be considered by

the Department in determining eligibility. The "protected

income" level shall be determined by the Department, shall

never be less than the federal poverty standard, and shall be

adjusted each year to reflect changes in the Consumer Price

Index For All Urban Consumers as determined by the United

States Department of Labor. The standards must provide that a

person may not have more than $10,000 in assets to be eligible

for the services, and the Department may increase or decrease

the asset limitation by rule. The Department may not decrease

the asset level below $10,000.

The services shall be provided, as established by the

Department by rule, to eligible persons to prevent unnecessary

or premature institutionalization, to the extent that the cost

of the services, together with the other personal maintenance

expenses of the persons, are reasonably related to the

standards established for care in a group facility appropriate

to their condition. These non-institutional services, pilot

projects or experimental facilities may be provided as part of

or in addition to those authorized by federal law or those

funded and administered by the Illinois Department on Aging.

The Department shall set rates and fees for services in a fair

and equitable manner. Services identical to those offered by

the Department on Aging shall be paid at the same rate.

Personal assistants shall be paid at a rate negotiated

between the State and an exclusive representative of personal

assistants under a collective bargaining agreement. In no case

shall the Department pay personal assistants an hourly wage

that is less than the federal minimum wage.

Solely for the purposes of coverage under the Illinois

Public Labor Relations Act (5 ILCS 315/), personal assistants

providing services under the Department's Home Services

Program shall be considered to be public employees and the

State of Illinois shall be considered to be their employer as

of the effective date of this amendatory Act of the 93rd

General Assembly, but not before. Solely for the purposes of

coverage under the Illinois Public Labor Relations Act, home

care and home health workers who function as personal

assistants and individual maintenance home health workers and

who also provide services under the Department's Home Services

Program shall be considered to be public employees, no matter

whether the State provides such services through direct

fee-for-service arrangements, with the assistance of a managed

care organization or other intermediary, or otherwise, and the

State of Illinois shall be considered to be the employer of

those persons as of January 29, 2013 (the effective date of

Public Act 97-1158), but not before except as otherwise

provided under this subsection (f). The State shall engage in

collective bargaining with an exclusive representative of home

care and home health workers who function as personal

assistants and individual maintenance home health workers

working under the Home Services Program concerning their terms

and conditions of employment that are within the State's

control. Nothing in this paragraph shall be understood to limit

the right of the persons receiving services defined in this

Section to hire and fire home care and home health workers who

function as personal assistants and individual maintenance

home health workers working under the Home Services Program or

to supervise them within the limitations set by the Home

Services Program. The State shall not be considered to be the

employer of home care and home health workers who function as

personal assistants and individual maintenance home health

workers working under the Home Services Program for any

purposes not specifically provided in Public Act 93-204 or

Public Act 97-1158, including but not limited to, purposes of

vicarious liability in tort and purposes of statutory

retirement or health insurance benefits. Home care and home

health workers who function as personal assistants and

individual maintenance home health workers and who also provide

services under the Department's Home Services Program shall not

be covered by the State Employees Group Insurance Act of 1971

(5 ILCS 375/).

The Department shall execute, relative to nursing home

prescreening, as authorized by Section 4.03 of the Illinois Act

on the Aging, written inter-agency agreements with the

Department on Aging and the Department of Healthcare and Family

Services, to effect the intake procedures and eligibility

criteria for those persons who may need long term care. On and

after July 1, 1996, all nursing home prescreenings for

individuals 18 through 59 years of age shall be conducted by

the Department, or a designee of the Department.

The Department is authorized to establish a system of

recipient cost-sharing for services provided under this

Section. The cost-sharing shall be based upon the recipient's

ability to pay for services, but in no case shall the

recipient's share exceed the actual cost of the services

provided. Protected income shall not be considered by the

Department in its determination of the recipient's ability to

pay a share of the cost of services. The level of cost-sharing

shall be adjusted each year to reflect changes in the

"protected income" level. The Department shall deduct from the

recipient's share of the cost of services any money expended by

the recipient for disability-related expenses.

To the extent permitted under the federal Social Security

Act, the Department, or the Department's authorized

representative, may recover the amount of moneys expended for

services provided to or in behalf of a person under this

Section by a claim against the person's estate or against the

estate of the person's surviving spouse, but no recovery may be

had until after the death of the surviving spouse, if any, and

then only at such time when there is no surviving child who is

under age 21 or , blind or who has a permanent and total

disability , or permanently and totally disabled. This

paragraph, however, shall not bar recovery, at the death of the

person, of moneys for services provided to the person or in

behalf of the person under this Section to which the person was

not entitled; provided that such recovery shall not be enforced

against any real estate while it is occupied as a homestead by

the surviving spouse or other dependent, if no claims by other

creditors have been filed against the estate, or, if such

claims have been filed, they remain dormant for failure of

prosecution or failure of the claimant to compel administration

of the estate for the purpose of payment. This paragraph shall

not bar recovery from the estate of a spouse, under Sections

1915 and 1924 of the Social Security Act and Section 5-4 of the

Illinois Public Aid Code, who precedes a person receiving

services under this Section in death. All moneys for services

paid to or in behalf of the person under this Section shall be

claimed for recovery from the deceased spouse's estate.

"Homestead", as used in this paragraph, means the dwelling

house and contiguous real estate occupied by a surviving spouse

or relative, as defined by the rules and regulations of the

Department of Healthcare and Family Services, regardless of the

value of the property.

The Department shall submit an annual report on programs

and services provided under this Section. The report shall be

filed with the Governor and the General Assembly on or before

March 30 each year.

The requirement for reporting to the General Assembly shall

be satisfied by filing copies of the report with the Speaker,

the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader and the

Secretary of the Senate and the Legislative Research Unit, as

required by Section 3.1 of the General Assembly Organization

Act, and filing additional copies with the State Government

Report Distribution Center for the General Assembly as required

under paragraph (t) of Section 7 of the State Library Act.

(g) To establish such subdivisions of the Department as

shall be desirable and assign to the various subdivisions the

responsibilities and duties placed upon the Department by law.

(h) To cooperate and enter into any necessary agreements

with the Department of Employment Security for the provision of

job placement and job referral services to clients of the

Department, including job service registration of such clients

with Illinois Employment Security offices and making job

listings maintained by the Department of Employment Security

available to such clients.

(i) To possess all powers reasonable and necessary for the

exercise and administration of the powers, duties and

responsibilities of the Department which are provided for by

law.

(j) (Blank).

(k) (Blank).

(l) To establish, operate and maintain a Statewide Housing

Clearinghouse of information on available, government

subsidized housing accessible to persons with disabilities

disabled persons and available privately owned housing

accessible to persons with disabilities disabled persons. The

information shall include but not be limited to the location,

rental requirements, access features and proximity to public

transportation of available housing. The Clearinghouse shall

consist of at least a computerized database for the storage and

retrieval of information and a separate or shared toll free

telephone number for use by those seeking information from the

Clearinghouse. Department offices and personnel throughout the

State shall also assist in the operation of the Statewide

Housing Clearinghouse. Cooperation with local, State and

federal housing managers shall be sought and extended in order

to frequently and promptly update the Clearinghouse's

information.

(m) To assure that the names and case records of persons

who received or are receiving services from the Department,

including persons receiving vocational rehabilitation, home

services, or other services, and those attending one of the

Department's schools or other supervised facility shall be

confidential and not be open to the general public. Those case

records and reports or the information contained in those

records and reports shall be disclosed by the Director only to

proper law enforcement officials, individuals authorized by a

court, the General Assembly or any committee or commission of

the General Assembly, and other persons and for reasons as the

Director designates by rule. Disclosure by the Director may be

only in accordance with other applicable law.

(Source: P.A. 97-732, eff. 6-30-12; 97-1019, eff. 8-17-12;

97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)

(20 ILCS 2405/5b)

Sec. 5b. Home Services Medicaid Trust Fund.

(a) The Home Services Medicaid Trust Fund is hereby created

as a special fund in the State treasury.

(b) Amounts paid to the State during each State fiscal year

by the federal government under Title XIX or Title XXI of the

Social Security Act for services delivered in relation to the

Department's Home Services Program established pursuant to

Section 3 of this the Disabled Persons Rehabilitation Act, and

any interest earned thereon, shall be deposited into the Fund.

(c) Moneys in the Fund may be used by the Department for

the purchase of services, and operational and administrative

expenses, in relation to the Home Services Program.

(Source: P.A. 98-1004, eff. 8-18-14.)

(20 ILCS 2405/10) (from Ch. 23, par. 3441)

Sec. 10. Residential schools; visual and hearing

disabilities handicaps.

(a) The Department of Human Services shall operate

residential schools for the education of children with visual

and hearing disabilities handicaps who are unable to take

advantage of the regular educational facilities provided in the

community, and shall provide in connection therewith such

academic, vocational, and related services as may be required.

Children shall be eligible for admission to these schools only

after proper diagnosis and evaluation, in accordance with

procedures prescribed by the Department.

(a-5) The Superintendent of the Illinois School for the

Deaf shall be the chief executive officer of, and shall be

responsible for the day to day operations of, the School, and

shall obtain educational and professional employees who are

certified by the Illinois State Board of Education or licensed

by the appropriate agency or entity to which licensing

authority has been delegated, as well as all other employees of

the School, subject to the provisions of the Personnel Code and

any applicable collective bargaining agreement. The

Superintendent shall be appointed by the Governor, by and with

the advice and consent of the Senate. In the case of a vacancy

in the office of Superintendent during the recess of the

Senate, the Governor shall make a temporary appointment until

the next meeting of the Senate, when the Governor shall

nominate some person to fill the office, and any person so

nominated who is confirmed by the Senate shall hold office

during the remainder of the term and until his or her successor

is appointed and qualified. The Superintendent shall hold

office (i) for a term expiring on June 30 of 2015, and every 4

years thereafter and (ii) until the Superintendent's successor

is appointed and qualified. The Superintendent shall devote his

or her full time to the duties of the office, shall not serve

in any other capacity during his or her term of office, and

shall receive such compensation as the Governor shall

determine. The Superintendent shall have an administrative

certificate with a superintendent endorsement as provided for

under Section 21-7.1 of the School Code, and shall have degrees

in both educational administration and deaf education,

together with at least 15 years of experience in either deaf

education, the administration of deaf education, or a

combination of the 2.

(a-10) The Superintendent of the Illinois School for the

Visually Impaired shall be the chief executive officer of, and

shall be responsible for the day to day operations of, the

School, and shall obtain educational and professional

employees who are certified by the Illinois State Board of

Education or licensed by the appropriate agency or entity to

which licensing authority has been delegated, as well as all

other employees of the School, subject to the provisions of the

Personnel Code and any applicable collective bargaining

agreement. The Superintendent shall be appointed by the

Governor, by and with the advice and consent of the Senate. In

the case of a vacancy in the office of Superintendent during

the recess of the Senate, the Governor shall make a temporary

appointment until the next meeting of the Senate, when the

Governor shall nominate some person to fill the office, and any

person so nominated who is confirmed by the Senate shall hold

office during the remainder of the term and until his or her

successor is appointed and qualified. The Superintendent shall

hold office (i) for a term expiring on June 30 of 2015, and

every 4 years thereafter and (ii) until the Superintendent's

successor is appointed and qualified. The Superintendent shall

devote his or her full time to the duties of the office, shall

not serve in any other capacity during his or her term of

office, and shall receive such compensation as the Governor

shall determine. The Superintendent shall have an

administrative certificate with a superintendent endorsement

as provided for under Section 21-7.1 of the School Code, and

shall have degrees in both educational administration and blind

or visually impaired education, together with at least 15 years

of experience in either blind or visually impaired education,

the administration of blind or visually impaired education, or

a combination of the 2.

(b) In administering the Illinois School for the Deaf, the

Department shall adopt an admission policy which permits day or

residential enrollment, when resources are sufficient, of

children with hearing disabilities handicaps who are able to

take advantage of the regular educational facilities provided

in the community and thus unqualified for admission under

subsection (a). In doing so, the Department shall establish an

annual deadline by which shall be completed the enrollment of

children qualified under subsection (a) for admission to the

Illinois School for the Deaf. After the deadline, the Illinois

School for the Deaf may enroll other children with hearing

disabilities handicaps at the request of their parents or

guardians if the Department determines there are sufficient

resources to meet their needs as well as the needs of children

enrolled before the deadline and children qualified under

subsection (a) who may be enrolled after the deadline on an

emergency basis. The Department shall adopt any rules and

regulations necessary for the implementation of this

subsection.

(c) In administering the Illinois School for the Visually

Impaired, the Department shall adopt an admission policy that

permits day or residential enrollment, when resources are

sufficient, of children with visual disabilities handicaps who

are able to take advantage of the regular educational

facilities provided in the community and thus unqualified for

admission under subsection (a). In doing so, the Department

shall establish an annual deadline by which the enrollment of

children qualified under subsection (a) for admission to the

Illinois School for the Visually Impaired shall be completed.

After the deadline, the Illinois School for the Visually

Impaired may enroll other children with visual disabilities

handicaps at the request of their parents or guardians if the

Department determines there are sufficient resources to meet

their needs as well as the needs of children enrolled before

the deadline and children qualified under subsection (a) who

may be enrolled after the deadline on an emergency basis. The

Department shall adopt any rules and regulations necessary for

the implementation of this subsection.

(Source: P.A. 97-625, eff. 11-28-11.)

(20 ILCS 2405/13) (from Ch. 23, par. 3444)

Sec. 13. The Department shall have all powers reasonable

and necessary for the administration of institutions for

persons with one or more disabilities under subsection (f) of

Section 3 of this Act, including, but not limited to, the

authority to do the following:

(a) Appoint and remove the superintendents of the

institutions operated by the Department, except for those

superintendents whose appointment and removal is provided for

under Section 10 of this Act; obtain all other employees

subject to the provisions of the Personnel Code, except for

educational and professional employees of the Illinois School

for the Deaf and the Illinois School for the Visually Impaired

who are certified by the Illinois State Board of Education or

licensed by the appropriate agency or entity to which licensing

authority has been delegated, and all other employees of the

Schools who are obtained by the superintendents as provided

under Section 10 of this Act, subject to the provisions of the

Personnel Code and any applicable collective bargaining

agreement; and conduct staff training programs for the

development and improvement of services.

(b) Provide supervision, housing accommodations, board or

the payment of boarding costs, tuition, and treatment free of

charge, except as otherwise specified in this Act, for

residents of this State who are cared for in any institution,

or for persons receiving services under any program under the

jurisdiction of the Department. Residents of other states may

be admitted upon payment of the costs of board, tuition, and

treatment as determined by the Department; provided, that no

resident of another state shall be received or retained to the

exclusion of any resident of this State. The Department shall

accept any donation for the board, tuition, and treatment of

any person receiving service or care.

(c) Cooperate with the State Board of Education and the

Department of Children and Family Services in a program to

provide for the placement, supervision, and foster care of

children with disabilities handicaps who must leave their home

community in order to attend schools offering programs in

special education.

(d) Assess and collect (i) student activity fees and (ii)

charges to school districts for transportation of students

required under the School Code and provided by the Department.

The Department shall direct the expenditure of all money that

has been or may be received by any officer of the several State

institutions under the direction and supervision of the

Department as profit on sales from commissary stores, student

activity fees, or charges for student transportation. The money

shall be deposited into a locally held fund and expended under

the direction of the Department for the special comfort,

pleasure, and amusement of residents and employees and the

transportation of residents, provided that amounts expended

for comfort, pleasure, and amusement of employees shall not

exceed the amount of profits derived from sales made to

employees by the commissaries, as determined by the Department.

Funds deposited with State institutions under the

direction and supervision of the Department by or for residents

of those State institutions shall be deposited into

interest-bearing accounts, and money received as interest and

income on those funds shall be deposited into a "needy student

fund" to be held and administered by the institution. Money in

the "needy student fund" shall be expended for the special

comfort, pleasure, and amusement of the residents of the

particular institution where the money is paid or received.

Any money belonging to residents separated by death,

discharge, or unauthorized absence from institutions described

under this Section, in custody of officers of the institutions,

may, if unclaimed by the resident or the legal representatives

of the resident for a period of 2 years, be expended at the

direction of the Department for the purposes and in the manner

specified in this subsection (d). Articles of personal

property, with the exception of clothing left in the custody of

those officers, shall, if unclaimed for the period of 2 years,

be sold and the money disposed of in the same manner.

Clothing left at the institution by residents at the time

of separation may be used as determined by the institution if

unclaimed by the resident or legal representatives of the

resident within 30 days after notification.

(e) Keep, for each institution under the jurisdiction of

the Department, a register of the number of officers,

employees, and residents present each day in the year, in a

form that will permit a calculation of the average number

present each month.

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) Accept and hold in behalf of the State, if for the

public interest, a grant, gift, or legacy of money or property

to the State of Illinois, to the Department, or to any

institution or program of the Department made in trust for the

maintenance or support of a resident of an institution of the

Department, or for any other legitimate purpose connected with

any such institution or program. The Department shall cause

each gift, grant, or legacy to be kept as a distinct fund, and

shall invest the gift, grant, or legacy in the manner provided

by the laws of this State as those laws now exist or shall

hereafter be enacted relating to securities in which the

deposits in savings banks may be invested. The Department may,

however, in its discretion, deposit in a proper trust company

or savings bank, during the continuance of the trust, any fund

so left in trust for the life of a person and shall adopt rules

and regulations governing the deposit, transfer, or withdrawal

of the fund. The Department shall, on the expiration of any

trust as provided in any instrument creating the trust, dispose

of the fund thereby created in the manner provided in the

instrument. The Department shall include in its required

reports a statement showing what funds are so held by it and

the condition of the funds. Monies found on residents at the

time of their admission, or accruing to them during their

period of institutional care, and monies deposited with the

superintendents by relatives, guardians, or friends of

residents for the special comfort and pleasure of a resident,

shall remain in the possession of the superintendents, who

shall act as trustees for disbursement to, in behalf of, or for

the benefit of the resident. All types of retirement and

pension benefits from private and public sources may be paid

directly to the superintendent of the institution where the

person is a resident, for deposit to the resident's trust fund

account.

(j) Appoint, subject to the Personnel Code, persons to be

members of a police and security force. Members of the police

and security force shall be peace officers and as such have all

powers possessed by policemen in cities and sheriffs, including

the power to make arrests on view or warrants of violations of

State statutes or city or county ordinances. These powers may,

however, be exercised only in counties of more than 500,000

population when required for the protection of Department

properties, interests, and personnel, or specifically

requested by appropriate State or local law enforcement

officials. Members of the police and security force may not

serve and execute civil processes.

(k) Maintain, and deposit receipts from the sale of tickets

to athletic, musical, and other events, fees for participation

in school sponsored tournaments and events, and revenue from

student activities relating to charges for art and woodworking

projects, charges for automobile repairs, and other revenue

generated from student projects into, locally held accounts not

to exceed $20,000 per account for the purposes of (i) providing

immediate payment to officials, judges, and athletic referees

for their services rendered and for other related expenses at

school sponsored contests, tournaments, or events, (ii)

providing payment for expenses related to student revenue

producing activities such as art and woodworking projects,

automotive repair work, and other student activities or

projects that generate revenue and incur expenses, and (iii)

providing students who are enrolled in an independent living

program with cash so that they may fulfill course objectives by

purchasing commodities and other required supplies.

(l) Advance moneys from its appropriations to be maintained

in locally held accounts at the schools to establish (i) a

"Student Compensation Account" to pay students for work

performed under the student work program, and (ii) a "Student

Activity Travel Account" to pay transportation, meals, and

lodging costs of students, coaches, and activity sponsors while

traveling off campus for sporting events, lessons, and other

activities directly associated with the representation of the

school. Funds in the "Student Compensation Account" shall not

exceed $20,000, and funds in the "Student Activity Travel

Account" shall not exceed $200,000.

(l-5) Establish a locally held account (referred to as the

Account) to hold, maintain and administer the

Therkelsen/Hansen College Loan Fund (referred to as the Fund).

All cash represented by the Fund shall be transferred from the

State Treasury to the Account. The Department shall promulgate

rules regarding the maintenance and use of the Fund and all

interest earned thereon; the eligibility of potential

borrowers from the Fund; and the awarding and repayment of

loans from the Fund; and other rules as applicable regarding

the Fund. The administration of the Fund and the promulgation

of rules regarding the Fund shall be consistent with the will

of Petrea Therkelsen, which establishes the Fund.

(m) Promulgate rules of conduct applicable to the residents

of institutions for persons with one or more disabilities. The

rules shall include specific standards to be used by the

Department to determine (i) whether financial restitution

shall be required in the event of losses or damages resulting

from a resident's action and (ii) the ability of the resident

and the resident's parents to pay restitution.

(Source: P.A. 97-625, eff. 11-28-11.)

Section 210. The Disabilities Services Act of 2003 is

amended by changing the title of the Act and Section 52 as

follows:

(20 ILCS 2407/Act title)

An Act concerning persons with disabilities disabled

persons.

(20 ILCS 2407/52)

Sec. 52. Applicability; definitions. In accordance with

Section 6071 of the Deficit Reduction Act of 2005 (P.L.

109-171), as used in this Article:

"Departments". The term "Departments" means for the

purposes of this Act, the Department of Human Services, the

Department on Aging, Department of Healthcare and Family

Services and Department of Public Health, unless otherwise

noted.

"Home and community-based long-term care services". The

term "home and community-based long-term care services" means,

with respect to the State Medicaid program, a service aid, or

benefit, home and community-based services, including but not

limited to home health and personal care services, that are

provided to a person with a disability, and are voluntarily

accepted, as part of his or her long-term care that: (i) is

provided under the State's qualified home and community-based

program or that could be provided under such a program but is

otherwise provided under the Medicaid program; (ii) is

delivered in a qualified residence; and (iii) is necessary for

the person with a disability to live in the community.

"ID/DD community care facility". The term "ID/DD community

care facility", for the purposes of this Article, means a

skilled nursing or intermediate long-term care facility

subject to licensure by the Department of Public Health under

the ID/DD Community Care Act, an intermediate care facility for

persons with developmental disabilities the developmentally

disabled (ICF-DDs), and a State-operated developmental center

or mental health center, whether publicly or privately owned.

"Money Follows the Person" Demonstration. Enacted by the

Deficit Reduction Act of 2005, the Money Follows the Person

(MFP) Rebalancing Demonstration is part of a comprehensive,

coordinated strategy to assist states, in collaboration with

stakeholders, to make widespread changes to their long-term

care support systems. This initiative will assist states in

their efforts to reduce their reliance on institutional care

while developing community-based long-term care opportunities,

enabling the elderly and people with disabilities to fully

participate in their communities.

"Public funds" mean any funds appropriated by the General

Assembly to the Departments of Human Services, on Aging, of

Healthcare and Family Services and of Public Health for

settings and services as defined in this Article.

"Qualified residence". The term "qualified residence"

means, with respect to an eligible individual: (i) a home owned

or leased by the individual or the individual's authorized

representative (as defined by P.L. 109-171); (ii) an apartment

with an individual lease, with lockable access and egress, and

which includes living, sleeping, bathing, and cooking areas

over which the individual or the individual's family has domain

and control; or (iii) a residence, in a community-based

residential setting, in which no more than 4 unrelated

individuals reside. Where qualified residences are not

sufficient to meet the demand of eligible individuals,

time-limited exceptions to this definition may be developed

through administrative rule.

"Self-directed services". The term "self-directed

services" means, with respect to home and community-based

long-term services for an eligible individual, those services

for the individual that are planned and purchased under the

direction and control of the individual or the individual's

authorized representative, including the amount, duration,

scope, provider, and location of such services, under the State

Medicaid program consistent with the following requirements:

(a) Assessment: there is an assessment of the needs,

capabilities, and preference of the individual with

respect to such services.

(b) Individual service care or treatment plan: based on

the assessment, there is development jointly with such

individual or individual's authorized representative, a

plan for such services for the individual that (i)

specifies those services, if any, that the individual or

the individual's authorized representative would be

responsible for directing; (ii) identifies the methods by

which the individual or the individual's authorized

representative or an agency designated by an individual or

representative will select, manage, and dismiss providers

of such services.

(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)

Section 215. The Bureau for the Blind Act is amended by

changing Section 7 as follows:

(20 ILCS 2410/7) (from Ch. 23, par. 3417)

Sec. 7. Council. There shall be created within the

Department a Blind Services Planning Council which shall review

the actions of the Bureau for the Blind and provide advice and

consultation to the Secretary on services to blind people. The

Council shall be composed of 11 members appointed by the

Governor. All members shall be selected because of their

ability to provide worthwhile consultation or services to the

blind. No fewer than 6 members shall be blind. A relative

balance between the number of males and females shall be

maintained. Broad representation shall be sought by

appointment, with 2 members from each of the major statewide

consumer organizations of the blind and one member from a

specific service area including, but not limited to, the Hadley

School for the Blind, Chicago Lighthouse, Department-approved

Low Vision Aides Clinics, Vending Facilities Operators, the

Association for the Education and Rehabilitation of the Blind

and Visually Impaired (AER), blind homemakers, outstanding

competitive employers of blind people, providers and

recipients of income maintenance programs, in-home care

programs, subsidized housing, nursing homes and homes for the

blind.

Initially, 4 members shall be appointed for terms of one

year, 4 for terms of 2 years and 3 for terms of 3 years with a

partial term of 18 months or more counting as a full term.

Subsequent terms shall be 3 years each. No member shall serve

more than 2 terms. No Department employee shall be a member of

the Council.

Members shall be removed for cause including, but not

limited to, demonstrated incompetence, unethical behavior and

unwillingness or inability to serve.

Members shall serve without pay but shall be reimbursed for

actual expenses incurred in the performance of their duties.

Members shall be governed by appropriate and applicable

State and federal statutes and regulations on matters such as

ethics, confidentiality, freedom of information, travel and

civil rights.

Department staff may attend meetings but shall not be a

voting member of the Council. The Council shall elect a

chairperson and a recording secretary from among its number.

Sub-committees and ad hoc committees may be created to

concentrate on specific program components or initiative

areas.

The Council shall perform the following functions:

(a) facilitate communication and cooperative efforts

between the Department and all agencies which have any

responsibility to deliver services to blind and visually

impaired persons.

(b) identify needs and problems related to blind and

visually impaired persons, including children, adults, and

seniors, and make recommendations to the Secretary, Bureau

Director and Governor.

(c) recommend programmatic and fiscal priorities governing

the provision of services and awarding of grants or contracts

by the Department to any person or agency, public or private.

(d) conduct, encourage and advise independent research by

qualified evaluators to improve services to blind and visually

impaired persons, including those with multiple disabilities

handicaps.

(e) participate in the development and review of proposed

and amended rules and regulations of the Department relating to

services for the blind and visually impaired.

(f) review and comment on all budgets (drafted and

submitted) relating to services for blind and visually impaired

persons.

(g) promote policies and programs to educate the public and

elicit public support for services to blind and visually

impaired persons.

(h) encourage creative and innovative programs to

strengthen, expand and improve services for blind and visually

impaired persons, including outreach services.

(i) perform such other duties as may be required by the

Governor, Secretary, and Bureau Director.

The Council shall supersede and replace all advisory

committees now functioning within the Bureau of Rehabilitation

Services for the Blind, with the exception of federally

mandated advisory groups.

(Source: P.A. 89-507, eff. 7-1-97.)

Section 220. The Blind Vendors Act is amended by changing

Section 25 as follows:

(20 ILCS 2421/25)

Sec. 25. Set-aside funds; Blind Vendors Trust Fund.

(a) The Department may provide, by rule, for set-asides

similar to those provided in Section 107d-3 of the

Randolph-Sheppard Act. If any funds are set aside, or caused to

be set aside, from the net proceeds of the operation of vending

facilities by blind vendors, the funds shall be set aside only

to the extent necessary in a percentage amount not to exceed

that determined jointly by the Director and the Committee and

published in State rule, and that these funds may be used only

for the following purposes: (1) maintenance and replacement of

equipment; (2) purchase of new equipment; (3) construction of

new vending facilities; (4) funding the functions of the

Committee, including legal and other professional services;

and (5) retirement or pension funds, health insurance, paid

sick leave, and vacation time for blind licensees, so long as

these benefits are approved by a majority vote of all Illinois

licensed blind vendors that occurs after the Department

provides these vendors with information on all matters relevant

to these purposes.

(b) No set-aside funds shall be collected from a blind

vendor when the monthly net proceeds of that vendor are less

than $1,000. This amount may be adjusted annually by the

Director and the Committee to reflect changes in the cost of

living.

(c) The Department shall establish, with full

participation by the Committee, the Blind Vendors Trust Fund as

a separate account managed by the Department for the State's

blind vendors.

(d) Set-aside funds collected from the operation of all

vending facilities administered by the Business Enterprise

Program for the Blind shall be placed in the Blind Vendors

Trust Fund, which shall include set-aside funds from facilities

on federal property. The Fund must provide separately

identified sub-accounts for moneys from (i) federal and (ii)

State and other facilities, as well as vending machine income

generated pursuant to Section 30 of this Act. These funds shall

be available until expended and shall not revert to the General

Revenue Fund or to any other State account.

(e) It is the intent of the General Assembly that the

expenditure of set-aside funds authorized by this Section shall

be supplemental to any current appropriation or other moneys

made available for these purposes and shall not constitute an

offset of any previously existing appropriation or other

funding source. In no way shall this imply that the

appropriation for the Blind Vendors Program may never be

decreased, rather that the new funds shall not be used as an

offset.

(f) An amount equal to 10% of the wages paid by a blind

vendor to any employee who is blind or has another disability

otherwise disabled shall be deducted from any set-aside charge

paid by the vendor each month, in order to encourage vendors to

employ blind workers and workers with disabilities and disabled

workers and to set an example for industry and government. No

deduction shall be made for any employee paid less than the

State or federal minimum wage.

(Source: P.A. 96-644, eff. 1-1-10.)

Section 225. The Department of Transportation Law of the

Civil Administrative Code of Illinois is amended by changing

Sections 2705-305, 2705-310, and 2705-321 as follows:

(20 ILCS 2705/2705-305)

Sec. 2705-305. Grants for mass transportation.

(a) For the purpose of mass transportation grants and

contracts, the following definitions apply:

"Carrier" means any corporation, authority, partnership,

association, person, or district authorized to provide mass

transportation within the State.

"District" means all of the following:

(i) Any district created pursuant to the Local Mass

Transit District Act.

(ii) The Authority created pursuant to the

Metropolitan Transit Authority Act.

(iii) Any authority, commission, or other entity that

by virtue of an interstate compact approved by Congress is

authorized to provide mass transportation.

(iv) The Authority created pursuant to the Regional

Transportation Authority Act.

"Facilities" comprise all real and personal property used

in or appurtenant to a mass transportation system, including

parking lots.

"Mass transportation" means transportation provided within

the State of Illinois by rail, bus, or other conveyance and

available to the general public on a regular and continuing

basis, including the transportation of persons with

disabilities handicapped or elderly persons as provided more

specifically in Section 2705-310.

"Unit of local government" means any city, village,

incorporated town, or county.

(b) Grants may be made to units of local government,

districts, and carriers for the acquisition, construction,

extension, reconstruction, and improvement of mass

transportation facilities. Grants shall be made upon the terms

and conditions that in the judgment of the Secretary are

necessary to ensure their proper and effective utilization.

(c) The Department shall make grants under this Law in a

manner designed, so far as is consistent with the maintenance

and development of a sound mass transportation system within

the State, to: (i) maximize federal funds for the assistance of

mass transportation in Illinois under the Federal Transit Act

and other federal Acts; (ii) facilitate the movement of persons

who because of age, economic circumstance, or physical

infirmity are unable to drive; (iii) contribute to an improved

environment through the reduction of air, water, and noise

pollution; and (iv) reduce traffic congestion.

(d) The Secretary shall establish procedures for making

application for mass transportation grants. The procedures

shall provide for public notice of all applications and give

reasonable opportunity for the submission of comments and

objections by interested parties. The procedures shall be

designed with a view to facilitating simultaneous application

for a grant to the Department and to the federal government.

(e) Grants may be made for mass transportation projects as

follows:

(1) In an amount not to exceed 100% of the nonfederal

share of projects for which a federal grant is made.

(2) In an amount not to exceed 100% of the net project

cost for projects for which a federal grant is not made.

(3) In an amount not to exceed five-sixths of the net

project cost for projects essential for the maintenance of

a sound transportation system and eligible for federal

assistance for which a federal grant application has been

made but a federal grant has been delayed. If and when a

federal grant is made, the amount in excess of the

nonfederal share shall be promptly returned to the

Department.

In no event shall the Department make a grant that,

together with any federal funds or funds from any other source,

is in excess of 100% of the net project cost.

(f) Regardless of whether any funds are available under a

federal grant, the Department shall not make a mass

transportation grant unless the Secretary finds that the

recipient has entered into an agreement with the Department in

which the recipient agrees not to engage in school bus

operations exclusively for the transportation of students and

school personnel in competition with private school bus

operators where those private school bus operators are able to

provide adequate transportation, at reasonable rates, in

conformance with applicable safety standards, provided that

this requirement shall not apply to a recipient that operates a

school system in the area to be served and operates a separate

and exclusive school bus program for the school system.

(g) Grants may be made for mass transportation purposes

with funds appropriated from the Build Illinois Bond Fund

consistent with the specific purposes for which those funds are

appropriated by the General Assembly. Grants under this

subsection (g) are not subject to any limitations or conditions

imposed upon grants by any other provision of this Section,

except that the Secretary may impose the terms and conditions

that in his or her judgment are necessary to ensure the proper

and effective utilization of the grants under this subsection.

(h) The Department may let contracts for mass

transportation purposes and facilities for the purpose of

reducing urban congestion funded in whole or in part with bonds

described in subdivision (b)(1) of Section 4 of the General

Obligation Bond Act, not to exceed $75,000,000 in bonds.

(i) The Department may make grants to carriers, districts,

and units of local government for the purpose of reimbursing

them for providing reduced fares for mass transportation

services for students, persons with disabilities, handicapped

persons and the elderly. Grants shall be made upon the terms

and conditions that in the judgment of the Secretary are

necessary to ensure their proper and effective utilization.

(j) The Department may make grants to carriers, districts,

and units of local government for costs of providing ADA

paratransit service.

(Source: P.A. 94-91, eff. 7-1-05.)

(20 ILCS 2705/2705-310)

Sec. 2705-310. Grants for transportation for persons with

disabilities handicapped persons.

(a) For the purposes of this Section, the following

definitions apply:

"Carrier" means a district or a not for profit corporation

providing mass transportation for persons with disabilities

handicapped persons on a regular and continuing basis.

"Person with a disability Handicapped person" means any

individual who, by reason of illness, injury, age, congenital

malfunction, or other permanent or temporary incapacity or

disability, is unable without special mass transportation

facilities or special planning or design to utilize ordinary

mass transportation facilities and services as effectively as

persons who are not so affected.

"Unit of local government", "district", and "facilities"

have the meanings ascribed to them in Section 2705-305.

(b) The Department may make grants from the Transportation

Fund and the General Revenue Fund (i) to units of local

government, districts, and carriers for vehicles, equipment,

and the acquisition, construction, extension, reconstruction,

and improvement of mass transportation facilities for persons

with disabilities handicapped persons and (ii) during State

fiscal years 1986 and 1987, to the Regional Transportation

Authority for operating assistance for mass transportation for

mobility limited handicapped persons, including paratransit

services for the mobility limited. The grants shall be made

upon the terms and conditions that in the judgment of the

Secretary are necessary to ensure their proper and effective

utilization. The procedures, limitations, and safeguards

provided in Section 2705-305 to govern grants for mass

transportation shall apply to grants made under this Section.

For the efficient administration of grants, the

Department, on behalf of grant recipients under this Section

and on behalf of recipients receiving funds under Sections 5309

and 5311 of the Federal Transit Act and State funds, may

administer and consolidate procurements and may enter into

contracts with manufacturers of vehicles and equipment.

(c) The Department may make operating assistance grants

from the Transportation Fund to those carriers that, during

federal fiscal year 1986, directly received operating

assistance pursuant to Section 5307 or Section 5311 of the

Federal Transit Act, or under contracts with a unit of local

government or mass transit district that received operating

expenses under Section 5307 or Section 5311 of the Federal

Transit Act, to provide public paratransit services to the

general mobility limited population. The Secretary shall take

into consideration the reduction in federal operating expense

grants to carriers when considering the grant applications. The

procedures, limitations, and safeguards provided in Section

2705-305 to govern grants for mass transportation shall apply

to grants made under this Section.

(Source: P.A. 90-774, eff. 8-14-98; 91-239, eff. 1-1-00.)

(20 ILCS 2705/2705-321)

Sec. 2705-321. Illinois Transit Ridership and Economic

Development (TRED) Pilot Project Program; new facilities and

service.

(a) Subject to appropriation, the Department of

Transportation shall establish the Illinois Transit Ridership

and Economic Development (TRED) Pilot Project Program to build

transit systems that more effectively address the needs of

Illinois workers, families, and businesses. The Illinois TRED

Pilot Project Program shall provide for new or expanded mass

transportation service and facilities, including rapid

transit, rail, bus, and other equipment used in connection with

mass transit, by the State, a public entity, or 2 or more of

these entities authorized to provide and promote public

transportation in order to increase the level of service

available in local communities, as well as improve the quality

of life and economic viability of the State of Illinois.

The Illinois TRED Pilot Project Program expenditures for

mass transportation service and facilities within the State

must:

(1) Improve the economic viability of Illinois by

facilitating the transportation of Illinois residents to

places of employment, to educational facilities, and to

commercial, medical, and shopping districts.

(2) Increase the frequency and reliability of public

transit service.

(3) Facilitate the movement of all persons, including

those persons who, because of age, economic circumstance,

or physical infirmity, are unable to drive.

(4) Contribute to an improved environment through the

reduction of air, water, and noise pollution.

(b) Under the Illinois TRED Pilot Project Program, subject

to appropriation, the Department shall fund each fiscal year,

in coordination and consultation with other government

agencies that provide or fund transportation services, the

Illinois Public Transportation Association, and transit

advocates, projects as specified in subsection (c). Total

funding for each project shall not exceed $500,000 and the

funding for all projects shall not exceed $4,500,000. The

Department shall submit annual reports to the General Assembly

by March 1 of each fiscal year regarding the status of these

projects, including service to constituents including local

businesses, seniors, and people with disabilities, costs, and

other appropriate measures of impact.

(c) Subject to appropriation, the Department shall make

grants to any of the following in order to create:

(1) Two demonstration projects for the Chicago Transit

Authority to increase services to currently underserved

communities and neighborhoods, such as, but not limited to,

Altgeld Gardens, Pilsen, and Lawndale.

(2) (Blank.)

(3) The Intertownship Transportation Program for

Northwest Suburban Cook County, which shall complement

existing Pace service and involve cooperation of several

townships to provide transportation services for senior

residents and residents with disabilities and disabled

residents across village and township boundaries that is

currently not provided by Pace and by individual townships

and municipalities.

(4) RIDES transit services to Richland and Lawrence

Counties to extend transit services into Richland and

Lawrence Counties and enhance service in Wayne, Edwards,

and Wabash Counties that share common travel patterns and

needs with Lawrence and Richland counties. Funding shall be

used to develop a route structure that shall coordinate

social service and general public requirements and obtain

vehicles to support the additional service.

(5) Peoria Regional Transportation Initiative, which

shall fund the development of a plan to create a regional

transportation service in the Peoria-Pekin MSA that

integrates and expands the existing services and that would

allow local leaders to develop a funding plan and a

timetable to secure final political approval. The plan is

intended to facilitate regional economic development and

provide greater mobility to workers, senior citizens, and

people with disabilities.

(6) Rock Island MetroLINK/Black Hawk College

Coordination Project, which shall increase mobility for

lower income students to access educational services and

job training on the metropolitan bus system, which will

better link community college students with transportation

alternatives.

(7) The West Central Transit District to serve Scott

and Morgan Counties. Funding shall be used to develop a

route structure that shall coordinate social service and

general public requirements and obtain vehicles to support

the service.

(8) Additional community college coordination

projects, which shall increase mobility for lower income

students to access educational services and job training on

any Champaign-Urbana MTD and Danville Mass Transit bus

routes, which will better link community college students

with transportation alternatives.

(Source: P.A. 93-1004, eff. 8-24-04.)

Section 230. The Department of Veterans Affairs Act is

amended by changing Sections 2.01 and 5 as follows:

(20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)

Sec. 2.01. Veterans Home admissions.

(a) Any honorably discharged veteran is entitled to

admission to an Illinois Veterans Home if the applicant meets

the requirements of this Section.

(b) The veteran must:

(1) have served in the armed forces of the United

States at least 1 day in World War II, the Korean Conflict,

the Viet Nam Campaign, or the Persian Gulf Conflict between

the dates recognized by the U.S. Department of Veterans

Affairs or between any other present or future dates

recognized by the U.S. Department of Veterans Affairs as a

war period, or have served in a hostile fire environment

and has been awarded a campaign or expeditionary medal

signifying his or her service, for purposes of eligibility

for domiciliary or nursing home care;

(2) have served and been honorably discharged or

retired from the armed forces of the United States for a

service connected disability or injury, for purposes of

eligibility for domiciliary or nursing home care;

(3) have served as an enlisted person at least 90 days

on active duty in the armed forces of the United States,

excluding service on active duty for training purposes

only, and entered active duty before September 8, 1980, for

purposes of eligibility for domiciliary or nursing home

care;

(4) have served as an officer at least 90 days on

active duty in the armed forces of the United States,

excluding service on active duty for training purposes

only, and entered active duty before October 17, 1981, for

purposes of eligibility for domiciliary or nursing home

care;

(5) have served on active duty in the armed forces of

the United States for 24 months of continuous service or

more, excluding active duty for training purposes only, and

enlisted after September 7, 1980, for purposes of

eligibility for domiciliary or nursing home care;

(6) have served as a reservist in the armed forces of

the United States or the National Guard and the service

included being called to federal active duty, excluding

service on active duty for training purposes only, and who

completed the term, for purposes of eligibility for

domiciliary or nursing home care;

(7) have been discharged for reasons of hardship or

released from active duty due to a reduction in the United

States armed forces prior to the completion of the required

period of service, regardless of the actual time served,

for purposes of eligibility for domiciliary or nursing home

care; or

(8) have served in the National Guard or Reserve Forces

of the United States and completed 20 years of satisfactory

service, be otherwise eligible to receive reserve or active

duty retirement benefits, and have been an Illinois

resident for at least one year before applying for

admission for purposes of eligibility for domiciliary care

only.

(c) The veteran must have service accredited to the State

of Illinois or have been a resident of this State for one year

immediately preceding the date of application.

(d) For admission to the Illinois Veterans Homes at Anna

and Quincy, the veteran must have developed a disability be

disabled by disease, wounds, or otherwise and because of the

disability be incapable of earning a living.

(e) For admission to the Illinois Veterans Homes at LaSalle

and Manteno, the veteran must have developed a disability be

disabled by disease, wounds, or otherwise and, for purposes of

eligibility for nursing home care, require nursing care because

of the disability.

(f) An individual who served during a time of conflict as

set forth in subsection (a)(1) of this Section has preference

over all other qualifying candidates, for purposes of

eligibility for domiciliary or nursing home care at any

Illinois Veterans Home.

(Source: P.A. 97-297, eff. 1-1-12.)

(20 ILCS 2805/5) (from Ch. 126 1/2, par. 70)

Sec. 5. (a) Every veteran with a disability who is a

resident of Illinois and disabled shall be exempt from all

camping and admission fees in parks under the control of the

Department of Natural Resources. For the purpose of this

subsection (a), a resident disabled veteran with a disability

is one who has a permanent disability is permanently disabled

from service connected causes with 100% disability or one who

has permanently lost the use of a leg or both legs or an arm or

both arms or any combination thereof or any person who has a

disability so severe is so severely disabled as to be unable to

move without the aid of crutches or a wheelchair. The

Department shall issue free use permits to those eligible

veterans. To establish eligibility, the veteran shall present

an award letter or some other identifying disability document,

together with proper identification, to any office of the

Department. Subject to the approval of the Department of

Natural Resources, the Department of Veterans' Affairs shall

establish the form or permit identifier to be issued.

(b) Every veteran who is a resident of Illinois and a

former prisoner of war shall be exempt from all camping and

admission fees in parks under the control of the Department of

Natural Resources. For the purposes of this subsection (b), a

former prisoner of war is a veteran who was taken and held

prisoner by a hostile foreign force while participating in an

armed conflict as a member of the United States armed forces.

Any identification card or other form of identification issued

by the Veterans' Administration or other governmental agency

which indicates the card-holder's former prisoner of war status

shall be sufficient to accord such card-holder the fee-exempt

admission or camping privileges under this subsection.

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

Section 235. The Illinois Housing Development Act is

amended by changing Section 13 as follows:

(20 ILCS 3805/13) (from Ch. 67 1/2, par. 313)

Sec. 13. The Authority shall require that occupancy of all

housing financed or otherwise assisted under this Act be open

to all persons regardless of race, national origin, religion,

creed, sex, age or physical or mental disability handicap and

that contractors and subcontractors engaged in the

construction or rehabilitation of such housing or any housing

related commercial facility, shall provide equal opportunity

for employment without discrimination as to race, national

origin, religion, creed, sex, age or physical or mental

disability handicap.

(Source: P.A. 83-1251.)

Section 240. The Illinois Power Agency Act is amended by

changing Section 1-127 as follows:

(20 ILCS 3855/1-127)

Sec. 1-127. Minority owned businesses, female owned

businesses, and businesses owned by persons with disabilities

Minority, female, and disabled persons businesses; reports.

(a) The Director of the Illinois Power Agency, or his or

her designee, when offering bids for professional services,

shall conduct outreach to minority owned businesses, female

owned businesses, and businesses owned by persons with

disabilities. Outreach shall include, but is not limited to,

advertisements in periodicals and newspapers, mailings, and

other appropriate media.

(b) The Director or his or her designee shall, upon

request, provide technical assistance to minority owned

businesses, female owned businesses, and businesses owned by

persons with disabilities seeking to do business with the

Agency.

(c) The Director or his or her designee, upon request,

shall conduct post-bid reviews with minority owned businesses,

female owned businesses, and businesses owned by persons with

disabilities whose bids were not selected by the Agency.

Post-bid reviews shall provide a business with detailed and

specific reasons why the bid of that business was rejected and

concrete recommendations to improve its bid application on

future Agency professional services opportunities.

(d) The Agency shall report annually to the Governor and

the General Assembly by July 1. The report shall identify the

businesses that have provided bids to offer professional

services to the Agency and shall also include, but not be

limited to, the following information:

(1) whether or not the businesses are minority owned

businesses, female owned businesses, or businesses owned

by persons with disabilities;

(2) the percentage of professional service contracts

that were awarded to minority owned businesses, female

owned businesses, and businesses owned by persons with

disabilities as compared to other businesses; and

(3) the actions the Agency has undertaken to increase

the use of the minority owned businesses, female owned

businesses, and businesses owned by persons with

disabilities in professional service contracts.

(e) In this Section, "professional services" means

services that use skills that are predominantly mental or

intellectual, rather than physical or manual, including, but

not limited to, accounting, architecture, consulting,

engineering, finance, legal, and marketing. "Professional

services" does not include bidders into the competitive

procurement process pursuant to Section 16-111.5 of the Public

Utilities Act.

(Source: P.A. 95-481, eff. 8-28-07.)

Section 245. The Guardianship and Advocacy Act is amended

by changing the title of the Act and Section 2 as follows:

(20 ILCS 3955/Act title)

An Act to create the Guardianship and Advocacy Commission,

to safeguard the rights and to provide legal counsel and

representation for eligible persons and to create the Office of

State Guardian for persons with disabilities disabled persons.

(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)

Sec. 2. As used in this Act, unless the context requires

otherwise:

(a) "Authority" means a Human Rights Authority.

(b) "Commission" means the Guardianship and Advocacy

Commission.

(c) "Director" means the Director of the Guardianship and

Advocacy Commission.

(d) "Guardian" means a court appointed guardian or

conservator.

(e) "Services" includes but is not limited to examination,

diagnosis, evaluation, treatment, care, training,

psychotherapy, pharmaceuticals, after-care, habilitation, and

rehabilitation provided for an eligible person.

(f) "Person" means an individual, corporation,

partnership, association, unincorporated organization, or a

government or any subdivision, agency, or instrumentality

thereof.

(g) "Eligible persons" means individuals who have

received, are receiving, have requested, or may be in need of

mental health services, or are "persons with a developmental

disability" as defined in the federal Developmental

Disabilities Services and Facilities Construction Act (Public

Law 94-103, Title II), as now or hereafter amended, or "persons

with disabilities disabled" as defined in the Rehabilitation of

Persons with Disabilities Disabled Persons Rehabilitation Act.

(h) "Rights" includes but is not limited to all rights,

benefits, and privileges guaranteed by law, the Constitution of

the State of Illinois, and the Constitution of the United

States.

(i) "Legal Advocacy Service attorney" means an attorney

employed by or under contract with the Legal Advocacy Service.

(j) "Service provider" means any public or private

facility, center, hospital, clinic, program, or any other

person devoted in whole or in part to providing services to

eligible persons.

(k) "State Guardian" means the Office of State Guardian.

(l) "Ward" means a ward as defined by the Probate Act of

1975, as now or hereafter amended, who is at least 18 years of

age.

(Source: P.A. 88-380; 89-626, eff. 8-9-96.)

Section 250. The State Finance Act is amended by changing

Sections 5.779, 6z-71, 6z-83, 6z-95, and 8.8 as follows:

(30 ILCS 105/5.779)

Sec. 5.779. The Property Tax Relief for Veterans with

Disabilities Disabled Veterans Property Tax Relief Fund.

(Source: P.A. 96-1424, eff. 8-3-10.)

(30 ILCS 105/6z-71)

Sec. 6z-71. Human Services Priority Capital Program Fund.

The Human Services Priority Capital Program Fund is created as

a special fund in the State treasury. Subject to appropriation,

the Department of Human Services shall use moneys in the Human

Services Priority Capital Program Fund to make grants to the

Illinois Facilities Fund, a not-for-profit corporation, to

make long term below market rate loans to nonprofit human

service providers working under contract to the State of

Illinois to assist those providers in meeting their capital

needs. The loans shall be for the purpose of such capital

needs, including but not limited to special use facilities,

requirements for serving persons with disabilities, the the

disabled, mentally ill, or substance abusers, and medical and

technology equipment. Loan repayments shall be deposited into

the Human Services Priority Capital Program Fund. Interest

income may be used to cover expenses of the program. The

Illinois Facilities Fund shall report to the Department of

Human Services and the General Assembly by April 1, 2008, and

again by April 1, 2009, as to the use and earnings of the

program.

A portion of the proceeds from the sale of a mental health

facility or developmental disabilities facility operated by

the Department of Human Services may be deposited into the Fund

and may be used for the purposes described in this Section.

(Source: P.A. 98-815, eff. 8-1-14.)

(30 ILCS 105/6z-83)

Sec. 6z-83. The Property Tax Relief for Veterans with

Disabilities Disabled Veterans Property Tax Relief Fund;

creation. The Property Tax Relief for Veterans with

Disabilities Disabled Veterans Property Tax Relief Fund is

created as a special fund in the State treasury. Subject to

appropriation, moneys in the Fund shall be used by the

Department of Veterans' Affairs for the purpose of providing

property tax relief to veterans with disabilities disabled

veterans. The Department of Veterans' Affairs may adopt rules

to implement this Section.

(Source: P.A. 96-1424, eff. 8-3-10.)

(30 ILCS 105/6z-95)

Sec. 6z-95. The Housing for Families Fund; creation. The

Housing for Families Fund is created as a special fund in the

State treasury. Moneys in the Fund shall be used by the

Department of Human Services to make grants to public or

private not-for-profit entities for the purpose of building new

housing for low income, working poor, disabled, low credit, and

no credit families and families with disabilities. For the

purposes of this Section, "low income", "working poor",

"families with disabilities disabled", "low credit", and "no

credit families" shall be defined by the Department of Human

Services by rule.

(Source: P.A. 97-1117, eff. 8-27-12.)

(30 ILCS 105/8.8) (from Ch. 127, par. 144.8)

Sec. 8.8. Appropriations for the improvement, development,

addition or expansion of services for the care, treatment, and

training of persons who have intellectual disabilities are

intellectually disabled or subject to involuntary admission

under the Mental Health and Developmental Disabilities Code or

for the financing of any program designed to provide such

improvement, development, addition or expansion of services or

for expenses associated with providing services to other units

of government under Section 5-107.2 of the Mental Health and

Developmental Disabilities Code, or other ordinary and

contingent expenses of the Department of Human Services

relating to mental health and developmental disabilities, are

payable from the Mental Health Fund. However, no expenditures

shall be made for the purchase, construction, lease, or rental

of buildings for use as State-operated mental health or

developmental disability facilities.

(Source: P.A. 96-959, eff. 7-1-10; 97-227, eff. 1-1-12; 97-665,

eff. 6-1-12.)

Section 255. The State Officers and Employees Money

Disposition Act is amended by changing Section 1 as follows:

(30 ILCS 230/1) (from Ch. 127, par. 170)

Sec. 1. Application of Act; exemptions. The officers of the

Executive Department of the State Government, the Clerk of the

Supreme Court, the Clerks of the Appellate Courts, the

Departments of the State government created by the Civil

Administrative Code of Illinois, and all other officers,

boards, commissions, commissioners, departments, institutions,

arms or agencies, or agents of the Executive Department of the

State government except the University of Illinois, Southern

Illinois University, Chicago State University, Eastern

Illinois University, Governors State University, Illinois

State University, Northeastern Illinois University, Northern

Illinois University, Western Illinois University, the

Cooperative Computer Center, and the Board of Trustees of the

Illinois Bank Examiners' Education Foundation for moneys

collected pursuant to subsection (11) of Section 48 of the

Illinois Banking Act for purposes of the Illinois Bank

Examiners' Education Program are subject to this Act. This Act

shall not apply, however, to any of the following: (i) the

receipt by any such officer of federal funds made available

under such conditions as precluded the payment thereof into the

State Treasury, (ii) (blank), (iii) the Director of Insurance

in his capacity as rehabilitator or liquidator under Article

XIII of the Illinois Insurance Code, (iv) funds received by the

Illinois State Scholarship Commission from private firms

employed by the State to collect delinquent amounts due and

owing from a borrower on any loans guaranteed by such

Commission under the Higher Education Student Assistance Law or

on any "eligible loans" as that term is defined under the

Education Loan Purchase Program Law, or (v) moneys collected on

behalf of lessees of facilities of the Department of

Agriculture located on the Illinois State Fairgrounds at

Springfield and DuQuoin. This Section 1 shall not apply to the

receipt of funds required to be deposited in the Industrial

Project Fund pursuant to Section 12 of the Rehabilitation of

Persons with Disabilities Disabled Persons Rehabilitation Act.

(Source: P.A. 92-850, eff. 8-26-02.)

Section 260. The General Obligation Bond Act is amended by

changing Section 3 as follows:

(30 ILCS 330/3) (from Ch. 127, par. 653)

Sec. 3. Capital Facilities. The amount of $9,753,963,443 is

authorized to be used for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

within the State, consisting of buildings, structures, durable

equipment, land, interests in land, and the costs associated

with the purchase and implementation of information

technology, including but not limited to the purchase of

hardware and software, for the following specific purposes:

(a) $3,393,228,000 for educational purposes by State

universities and colleges, the Illinois Community College

Board created by the Public Community College Act and for

grants to public community colleges as authorized by

Sections 5-11 and 5-12 of the Public Community College Act;

(b) $1,648,420,000 for correctional purposes at State

prison and correctional centers;

(c) $599,183,000 for open spaces, recreational and

conservation purposes and the protection of land;

(d) $751,317,000 for child care facilities, mental and

public health facilities, and facilities for the care of

veterans with disabilities disabled veterans and their

spouses;

(e) $2,152,790,000 for use by the State, its

departments, authorities, public corporations, commissions

and agencies;

(f) $818,100 for cargo handling facilities at port

districts and for breakwaters, including harbor entrances,

at port districts in conjunction with facilities for small

boats and pleasure crafts;

(g) $297,177,074 for water resource management

projects;

(h) $16,940,269 for the provision of facilities for

food production research and related instructional and

public service activities at the State universities and

public community colleges;

(i) $36,000,000 for grants by the Secretary of State,

as State Librarian, for central library facilities

authorized by Section 8 of the Illinois Library System Act

and for grants by the Capital Development Board to units of

local government for public library facilities;

(j) $25,000,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital

facilities consisting of buildings, structures, durable

equipment and land for grants to counties, municipalities

or public building commissions with correctional

facilities that do not comply with the minimum standards of

the Department of Corrections under Section 3-15-2 of the

Unified Code of Corrections;

(k) $5,000,000 for grants in fiscal year 1988 by the

Department of Conservation for improvement or expansion of

aquarium facilities located on property owned by a park

district;

(l) $599,590,000 to State agencies for grants to local

governments for the acquisition, financing, architectural

planning, development, alteration, installation, and

construction of capital facilities consisting of

buildings, structures, durable equipment, and land; and

(m) $228,500,000 for the Illinois Open Land Trust

Program as defined by the Illinois Open Land Trust Act.

The amounts authorized above for capital facilities may be

used for the acquisition, installation, alteration,

construction, or reconstruction of capital facilities and for

the purchase of equipment for the purpose of major capital

improvements which will reduce energy consumption in State

buildings or facilities.

(Source: P.A. 98-94, eff. 7-17-13.)

Section 265. The Capital Development Bond Act of 1972 is

amended by changing Section 3 as follows:

(30 ILCS 420/3) (from Ch. 127, par. 753)

Sec. 3. The State of Illinois is authorized to issue, sell

and provide for the retirement of general obligation bonds of

the State of Illinois in the amount of $1,737,000,000

hereinafter called the "Bonds", for the specific purpose of

providing funds for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, and durable equipment and

for the acquisition and improvement of real property and

interests in real property required, or expected to be

required, in connection therewith and for the acquisition,

protection and development of natural resources, including

water related resources, within the State of Illinois for open

spaces, water resource management, recreational and

conservation purposes, all within the State of Illinois.

The Bonds shall be used in the following specific manner:

(a) $636,697,287 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for educational purposes by State universities and

colleges, the Illinois Community College Board created by "An

Act in relation to the establishment, operation and maintenance

of public community colleges", approved July 15, 1965, as

amended and by the School Building Commission created by "An

Act to provide for the acquisition, construction, rental, and

disposition of buildings used for school purposes", approved

June 21, 1957, as amended, or its successor, all within the

State of Illinois, and for grants to public community colleges

as authorized by Section 5-11 of the Public Community College

Act; and for the acquisition, development, construction,

reconstruction rehabilitation, improvement, architectural

planning and installation of capital facilities consisting of

durable movable equipment, including antennas and structures

necessarily relating thereto, for the Board of Governors of

State Colleges and Universities to construct educational

television facilities, which educational television facilities

may be located upon land or structures not owned by the State

providing that the Board of Governors has at least a 25-year

lease for the use of such non-state owned land or structures,

which lease may contain a provision making it subject to annual

appropriations by the General Assembly;

(b) $323,000,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for correctional purposes at State prisons and

correctional centers, all within the State of Illinois;

(c) $157,020,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment, and

land for open spaces, recreational and conservation purposes

and the protection of land, all within the State of Illinois;

(d) $146,580,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for child care facilities, mental and public health

facilities, and facilities for the care of veterans with

disabilities disabled veterans and their spouses, all within

the State of Illinois;

(e) $348,846,200 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for use by the State, its departments, authorities, public

corporations, commissions and agencies;

(f) To reimburse the Illinois Building Authority created by

"An Act to create the Illinois Building Authority and to define

its powers and duties", as approved August 15, 1961, as

amended, for any and all costs and expenses incurred, and to be

incurred, by the Illinois Building Authority in connection with

the acquisition, construction, development, reconstruction,

improvement, planning, installation and financing of capital

facilities consisting of buildings, structures, equipment and

land as enumerated in subsections (a) through (e) hereof, and

in connection therewith to acquire from the Illinois Building

Authority any such capital facilities; provided, however, that

nothing in this subparagraph shall be construed to require or

permit the acquisition of facilities financed by the Illinois

Building authority through the issuance of bonds;

(g) $24,853,800 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of buildings,

structures, durable equipment, and land for:

(1) Cargo handling facilities for use by port districts,

and

(2) Breakwaters, including harbor entrances incident

thereto, for use by port districts in conjunction with

facilities for small boats and pleasure craft;

(h) $39,900,000 for the acquisition, development,

construction, reconstruction, modification, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for water resource management projects, all within the

State of Illinois;

(i) $9,852,713 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for educational purposes by nonprofit, nonpublic health

service educational institutions;

(j) $48,000,000 for the acquisition, development,

construction, reconstruction, improvement, financing,

architectural planning and installation of capital facilities

consisting of buildings, structures, durable equipment and

land for the provision of facilities for food production

research and related instructional and public service

activities at the State universities and public community

colleges, all within the State of Illinois;

(k) $2,250,000 for grants by the Secretary of State, as

State Librarian, for the construction, acquisition,

development, reconstruction and improvement of central library

facilities authorized under Section 8 of "The Illinois Library

System Act", as amended.

(Source: P.A. 86-453.)

Section 270. The Illinois Procurement Code is amended by

changing Section 25-60 as follows:

(30 ILCS 500/25-60)

Sec. 25-60. Prevailing wage requirements.

(a) All services furnished under service contracts of

$2,000 or more or $200 or more per month and under printing

contracts shall be subject to the following prevailing wage

requirements:

(1) Not less than the general prevailing wage rate of

hourly wages for work of a similar character in the

locality in which the work is produced shall be paid by the

successful bidder, offeror, or potential contractor to its

employees who perform the work on the State contracts. The

bidder, offeror, potential contractor, or contractor in

order to be considered to be a responsible bidder, offeror,

potential contractor, or contractor for the purposes of

this Code, shall certify to the purchasing agency that

wages to be paid to its employees are no less, and fringe

benefits and working conditions of employees are not less

favorable, than those prevailing in the locality where the

contract is to be performed. Prevailing wages and working

conditions shall be determined by the Director of the

Illinois Department of Labor.

(2) Whenever a collective bargaining agreement is in

effect between an employer, other than a governmental body,

and service or printing employees as defined in this

Section who are represented by a responsible organization

that is in no way influenced or controlled by the

management, that agreement and its provisions shall be

considered as conditions prevalent in that locality and

shall be the minimum requirements taken into consideration

by the Director of Labor.

(b) As used in this Section, "services" means janitorial

cleaning services, window cleaning services, building and

grounds services, site technician services, natural resources

services, food services, and security services. "Printing"

means and includes all processes and operations involved in

printing, including but not limited to letterpress, offset, and

gravure processes, the multilith method, photographic or other

duplicating process, the operations of composition,

platemaking, presswork, and binding, and the end products of

those processes, methods, and operations. As used in this Code

"printing" does not include photocopiers used in the course of

normal business activities, photographic equipment used for

geographic mapping, or printed matter that is commonly

available to the general public from contractor inventory.

(c) The terms "general prevailing rate of hourly wages",

"general prevailing rate of wages", or "prevailing rate of

wages" when used in this Section mean the hourly cash wages

plus fringe benefits for health and welfare, insurance,

vacations, and pensions paid generally, in the locality in

which the work is being performed, to employees engaged in work

of a similar character.

(d) "Locality" shall have the meaning established by rule.

(e) This Section does not apply to services furnished under

contracts for professional or artistic services.

(f) This Section does not apply to vocational programs of

training for persons with physical or mental disabilities

physically or mentally handicapped persons or to sheltered

workshops for persons with severe disabilities the severely

disabled.

(Source: P.A. 98-1076, eff. 1-1-15.)

Section 275. The Business Enterprise for Minorities,

Females, and Persons with Disabilities Act is amended by

changing Section 2 as follows:

(30 ILCS 575/2)

(Section scheduled to be repealed on June 30, 2016)

Sec. 2. Definitions.

(A) For the purpose of this Act, the following terms shall

have the following definitions:

(1) "Minority person" shall mean a person who is a

citizen or lawful permanent resident of the United States

and who is any of the following:

(a) American Indian or Alaska Native (a person

having origins in any of the original peoples of North

and South America, including Central America, and who

maintains tribal affiliation or community attachment).

(b) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or

the Indian subcontinent, including, but not limited

to, Cambodia, China, India, Japan, Korea, Malaysia,

Pakistan, the Philippine Islands, Thailand, and

Vietnam).

(c) Black or African American (a person having

origins in any of the black racial groups of Africa).

Terms such as "Haitian" or "Negro" can be used in

addition to "Black or African American".

(d) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other

Spanish culture or origin, regardless of race).

(e) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands).

(2) "Female" shall mean a person who is a citizen or

lawful permanent resident of the United States and who is

of the female gender.

(2.05) "Person with a disability" means a person who is

a citizen or lawful resident of the United States and is a

person qualifying as a person with a disability being

disabled under subdivision (2.1) of this subsection (A).

(2.1) "Person with a disability Disabled" means a

person with a severe physical or mental disability that:

(a) results from:

amputation,

arthritis,

autism,

blindness,

burn injury,

cancer,

cerebral palsy,

Crohn's disease,

cystic fibrosis,

deafness,

head injury,

heart disease,

hemiplegia,

hemophilia,

respiratory or pulmonary dysfunction,

an intellectual disability,

mental illness,

multiple sclerosis,

muscular dystrophy,

musculoskeletal disorders,

neurological disorders, including stroke and

epilepsy,

paraplegia,

quadriplegia and other spinal cord conditions,

sickle cell anemia,

ulcerative colitis,

specific learning disabilities, or

end stage renal failure disease; and

(b) substantially limits one or more of the

person's major life activities.

Another disability or combination of disabilities may

also be considered as a severe disability for the purposes

of item (a) of this subdivision (2.1) if it is determined

by an evaluation of rehabilitation potential to cause a

comparable degree of substantial functional limitation

similar to the specific list of disabilities listed in item

(a) of this subdivision (2.1).

(3) "Minority owned business" means a business concern

which is at least 51% owned by one or more minority

persons, or in the case of a corporation, at least 51% of

the stock in which is owned by one or more minority

persons; and the management and daily business operations

of which are controlled by one or more of the minority

individuals who own it.

(4) "Female owned business" means a business concern

which is at least 51% owned by one or more females, or, in

the case of a corporation, at least 51% of the stock in

which is owned by one or more females; and the management

and daily business operations of which are controlled by

one or more of the females who own it.

(4.1) "Business owned by a person with a disability"

means a business concern that is at least 51% owned by one

or more persons with a disability and the management and

daily business operations of which are controlled by one or

more of the persons with disabilities who own it. A

not-for-profit agency for persons with disabilities that

is exempt from taxation under Section 501 of the Internal

Revenue Code of 1986 is also considered a "business owned

by a person with a disability".

(4.2) "Council" means the Business Enterprise Council

for Minorities, Females, and Persons with Disabilities

created under Section 5 of this Act.

(5) "State contracts" shall mean all State contracts,

funded exclusively with State funds which are not subject

to federal reimbursement, whether competitively bid or

negotiated as defined by the Secretary of the Council and

approved by the Council.

"State construction contracts" means all State

contracts entered into by a State agency or State

university for the repair, remodeling, renovation or

construction of a building or structure, or for the

construction or maintenance of a highway defined in Article

2 of the Illinois Highway Code.

(6) "State agencies" shall mean all departments,

officers, boards, commissions, institutions and bodies

politic and corporate of the State, but does not include

the Board of Trustees of the University of Illinois, the

Board of Trustees of Southern Illinois University, the

Board of Trustees of Chicago State University, the Board of

Trustees of Eastern Illinois University, the Board of

Trustees of Governors State University, the Board of

Trustees of Illinois State University, the Board of

Trustees of Northeastern Illinois University, the Board of

Trustees of Northern Illinois University, the Board of

Trustees of Western Illinois University, municipalities or

other local governmental units, or other State

constitutional officers.

(7) "State universities" shall mean the Board of

Trustees of the University of Illinois, the Board of

Trustees of Southern Illinois University, the Board of

Trustees of Chicago State University, the Board of Trustees

of Eastern Illinois University, the Board of Trustees of

Governors State University, the Board of Trustees of

Illinois State University, the Board of Trustees of

Northeastern Illinois University, the Board of Trustees of

Northern Illinois University, and the Board of Trustees of

Western Illinois University.

(8) "Certification" means a determination made by the

Council or by one delegated authority from the Council to

make certifications, or by a State agency with statutory

authority to make such a certification, that a business

entity is a business owned by a minority, female, or person

with a disability for whatever purpose. A business owned

and controlled by females shall be certified as a "female

owned business". A business owned and controlled by females

who are also minorities shall be certified as both a

"female owned business" and a "minority owned business".

(9) "Control" means the exclusive or ultimate and sole

control of the business including, but not limited to,

capital investment and all other financial matters,

property, acquisitions, contract negotiations, legal

matters, officer-director-employee selection and

comprehensive hiring, operating responsibilities,

cost-control matters, income and dividend matters,

financial transactions and rights of other shareholders or

joint partners. Control shall be real, substantial and

continuing, not pro forma. Control shall include the power

to direct or cause the direction of the management and

policies of the business and to make the day-to-day as well

as major decisions in matters of policy, management and

operations. Control shall be exemplified by possessing the

requisite knowledge and expertise to run the particular

business and control shall not include simple majority or

absentee ownership.

(10) "Business concern or business" means a business

that has annual gross sales of less than $75,000,000 as

evidenced by the federal income tax return of the business.

A firm with gross sales in excess of this cap may apply to

the Council for certification for a particular contract if

the firm can demonstrate that the contract would have

significant impact on businesses owned by minorities,

females, or persons with disabilities as suppliers or

subcontractors or in employment of minorities, females, or

persons with disabilities.

(B) When a business concern is owned at least 51% by any

combination of minority persons, females, or persons with

disabilities, even though none of the 3 classes alone holds at

least a 51% interest, the ownership requirement for purposes of

this Act is considered to be met. The certification category

for the business is that of the class holding the largest

ownership interest in the business. If 2 or more classes have

equal ownership interests, the certification category shall be

determined by the business concern.

(Source: P.A. 97-227, eff. 1-1-12; 97-396, eff. 1-1-12; 97-813,

eff. 7-13-12; 98-95, eff. 7-17-13.)

Section 280. The State Facilities Closure Act is amended by

changing Section 5-10 as follows:

(30 ILCS 608/5-10)

Sec. 5-10. Facility closure process.

(a) Before a State facility may be closed, the State

executive branch officer with jurisdiction over the facility

shall file notice of the proposed closure with the Commission.

The notice must be filed within 2 days after the first public

announcement of any planned or proposed closure. Within 10 days

after it receives notice of the proposed closure, the

Commission, in its discretion, may require the State executive

branch officer with jurisdiction over the facility to file a

recommendation for the closure of the facility with the

Commission. In the case of a proposed closure of: (i) a prison,

youth center, work camp, or work release center operated by the

Department of Corrections; (ii) a school, mental health center,

or center for persons with developmental disabilities the

developmentally disabled operated by the Department of Human

Services; or (iii) a residential facility operated by the

Department of Veterans' Affairs, the Commission must require

the executive branch officers to file a recommendation for

closure. The recommendation must be filed within 30 days after

the Commission delivers the request for recommendation to the

State executive branch officer. The recommendation must

include, but is not limited to, the following:

(1) the location and identity of the State facility

proposed to be closed;

(2) the number of employees for which the State

facility is the primary stationary work location and the

effect of the closure of the facility on those employees;

(3) the location or locations to which the functions

and employees of the State facility would be moved;

(4) the availability and condition of land and

facilities at both the existing location and any potential

locations;

(5) the ability to accommodate the functions and

employees at the existing and at any potential locations;

(6) the cost of operations of the State facility and at

any potential locations and any other related budgetary

impacts;

(7) the economic impact on existing communities in the

vicinity of the State facility and any potential facility;

(8) the ability of the existing and any potential

community's infrastructure to support the functions and

employees;

(9) the impact on State services delivered at the

existing location, in direct relation to the State services

expected to be delivered at any potential locations; and

(10) the environmental impact, including the impact of

costs related to potential environmental restoration,

waste management, and environmental compliance activities.

(b) If a recommendation is required by the Commission, a

30-day public comment period must follow the filing of the

recommendation. The Commission, in its discretion, may conduct

one or more public hearings on the recommendation. In the case

of a proposed closure of: (i) a prison, youth center, work

camp, or work release center operated by the Department of

Corrections; (ii) a school, mental health center, or center for

persons with developmental disabilities the developmentally

disabled operated by the Department of Human Services; or (iii)

a residential facility operated by the Department of Veterans'

Affairs, the Commission must conduct one or more public

hearings on the recommendation. Public hearings conducted by

the Commission shall be conducted no later than 35 days after

the filing of the recommendation. At least one of the public

hearings on the recommendation shall be held at a convenient

location within 25 miles of the facility for which closure is

recommended. The Commission shall provide reasonable notice of

the comment period and of any public hearings to the public and

to units of local government and school districts that are

located within 25 miles of the facility.

(c) Within 50 days after the State executive branch officer

files the required recommendation, the Commission shall issue

an advisory opinion on that recommendation. The Commission

shall file the advisory opinion with the appropriate State

executive branch officer, the Governor, the General Assembly,

and the Index Department of the Office of the Secretary of

State and shall make copies of the advisory opinion available

to the public upon request.

(d) No action may be taken to implement the recommendation

for closure of a State facility until 50 days after the filing

of any required recommendation.

(e) The requirements of this Section do not apply if all of

the functions and employees of a State facility are relocated

to another State facility that is within 10 miles of the closed

facility.

(Source: P.A. 93-839, eff. 7-30-04; 94-688, eff. 1-1-06.)

Section 285. The Downstate Public Transportation Act is

amended by changing Sections 2-5.1, 2-15.2, and 2-15.3 as

follows:

(30 ILCS 740/2-5.1)

Sec. 2-5.1. Additional requirements.

(a) Any unit of local government that becomes a participant

on or after the effective date of this amendatory Act of the

94th General Assembly shall, in addition to any other

requirements under this Article, meet all of the following

requirements when applying for grants under this Article:

(1) The grant application must demonstrate the

participant's plan to provide general public

transportation with an emphasis on persons with

disabilities and elderly, disabled, and economically

disadvantaged populations.

(2) The grant application must demonstrate the

participant's plan for interagency coordination that, at a

minimum, allows the participation of all State-funded and

federally-funded agencies and programs with transportation

needs in the proposed service area in the development of

the applicant's public transportation program.

(3) Any participant serving a nonurbanized area that is

not receiving Federal Section 5311 funding must meet the

operating and safety compliance requirements as set forth

in that federal program.

(4) The participant is required to hold public hearings

to allow comment on the proposed service plan in all

municipalities with populations of 1,500 inhabitants or

more within the proposed service area.

(b) Service extensions by any participant after July 1,

2005 by either annexation or intergovernmental agreement must

meet the 4 requirements of subsection (a).

(c) In order to receive funding, the Department shall

certify that the participant has met the requirements of this

Section. Funding priority shall be given to service extension,

multi-county, and multi-jurisdictional projects.

(d) The Department shall develop an annual application

process for existing or potential participants to request an

initial appropriation or an appropriation exceeding the

formula amount found in subsection (b-10) of Section 2-7 for

funding service in new areas in the next fiscal year. The

application shall include, but not be limited to, a description

of the new service area, proposed service in the new area, and

a budget for providing existing and new service. The Department

shall review the application for reasonableness and compliance

with the requirements of this Section, and, if it approves the

application, shall recommend to the Governor an appropriation

for the next fiscal year in an amount sufficient to provide 65%

of projected eligible operating expenses associated with a new

participant's service area or the portion of an existing

participant's service area that has been expanded by annexation

or intergovernmental agreement. The recommended appropriation

for the next fiscal year may exceed the formula amount found in

subsection (b-10) of Section 2-7.

(Source: P.A. 96-1458, eff. 1-1-11.)

(30 ILCS 740/2-15.2)

Sec. 2-15.2. Free services; eligibility.

(a) Notwithstanding any law to the contrary, no later than

60 days following the effective date of this amendatory Act of

the 95th General Assembly and until subsection (b) is

implemented, any fixed route public transportation services

provided by, or under grant or purchase of service contracts

of, every participant, as defined in Section 2-2.02 (1)(a),

shall be provided without charge to all senior citizen

residents of the participant aged 65 and older, under such

conditions as shall be prescribed by the participant.

(b) Notwithstanding any law to the contrary, no later than

180 days following the effective date of this amendatory Act of

the 96th General Assembly, any fixed route public

transportation services provided by, or under grant or purchase

of service contracts of, every participant, as defined in

Section 2-2.02 (1)(a), shall be provided without charge to

senior citizens aged 65 and older who meet the income

eligibility limitation set forth in subsection (a-5) of Section

4 of the Senior Citizens and Persons with Disabilities Disabled

Persons Property Tax Relief Act, under such conditions as shall

be prescribed by the participant. The Department on Aging shall

furnish all information reasonably necessary to determine

eligibility, including updated lists of individuals who are

eligible for services without charge under this Section.

Nothing in this Section shall relieve the participant from

providing reduced fares as may be required by federal law.

(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)

(30 ILCS 740/2-15.3)

Sec. 2-15.3. Transit services for individuals with

disabilities disabled individuals. Notwithstanding any law to

the contrary, no later than 60 days following the effective

date of this amendatory Act of the 95th General Assembly, all

fixed route public transportation services provided by, or

under grant or purchase of service contract of, any participant

shall be provided without charge to all persons with

disabilities disabled persons who meet the income eligibility

limitation set forth in subsection (a-5) of Section 4 of the

Senior Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act, under such procedures as shall be

prescribed by the participant. The Department on Aging shall

furnish all information reasonably necessary to determine

eligibility, including updated lists of individuals who are

eligible for services without charge under this Section.

(Source: P.A. 97-689, eff. 6-14-12.)

Section 290. The Build Illinois Act is amended by changing

Section 9-4.3 as follows:

(30 ILCS 750/9-4.3) (from Ch. 127, par. 2709-4.3)

Sec. 9-4.3. Minority, veteran, female and disability

loans.

(a) In the making of loans for minority, veteran, female or

disability small businesses, as defined below, the Department

is authorized to employ different criteria in lieu of the

general provisions of subsections (b), (d), (e), (f), (h), and

(i) of Section 9-4.

Minority, veteran, female or disability small businesses,

for the purpose of this Section, shall be defined as small

businesses that are, in the Department's judgment, at least 51%

owned and managed by one or more persons who are minority or ,

female or who have a disability disabled or who are veterans.

(b) Loans made pursuant to this Section:

(1) Shall not exceed $100,000 or 50% of the business

project costs unless the Director of the Department

determines that a waiver of these limits is required to

meet the purposes of this Act.

(2) Shall only be made if, in the Department's

judgment, the number of jobs to be created or retained is

reasonable in relation to the loan funds requested.

(3) Shall be protected by security. Financial

assistance may be secured by first, second or subordinate

mortgage positions on real or personal property, by royalty

payments, by personal notes or guarantees, or by any other

security satisfactory to the Department to secure

repayment. Security valuation requirements, as determined

by the Department, for the purposes of this Section, may be

less than required for similar loans not covered by this

Section, provided the applicants demonstrate adequate

business experience, entrepreneurial training or

combination thereof, as determined by the Department.

(4) Shall be in such principal amount and form and

contain such terms and provisions with respect to security,

insurance, reporting, delinquency charges, default

remedies, and other matters as the Department shall

determine appropriate to protect the public interest and

consistent with the purposes of this Section. The terms and

provisions may be less than required for similar loans not

covered by this Section.

(Source: P.A. 95-97, eff. 1-1-08; 96-1106, eff. 7-19-10.)

Section 295. The Illinois Income Tax Act is amended by

changing Sections 507XX and 917 as follows:

(35 ILCS 5/507XX)

Sec. 507XX. The property tax relief checkoff for veterans

with disabilities disabled veterans property tax relief

checkoff. For taxable years ending on or after December 31,

2010, the Department shall print, on its standard individual

income tax form, a provision indicating that, if the taxpayer

wishes to contribute to the Property Tax Relief for Veterans

with Disabilities Disabled Veterans Property Tax Relief Fund,

as authorized by this amendatory Act of the 96th General

Assembly, then he or she may do so by stating the amount of the

contribution (not less than $1) on the return and indicating

that the contribution will reduce the taxpayer's refund or

increase the amount of payment to accompany the return. The

taxpayer's failure to remit any amount of the increased payment

reduces the contribution accordingly. This Section does not

apply to any amended return.

(Source: P.A. 96-1424, eff. 8-3-10.)

(35 ILCS 5/917) (from Ch. 120, par. 9-917)

Sec. 917. Confidentiality and information sharing.

(a) Confidentiality. Except as provided in this Section,

all information received by the Department from returns filed

under this Act, or from any investigation conducted under the

provisions of this Act, shall be confidential, except for

official purposes within the Department or pursuant to official

procedures for collection of any State tax or pursuant to an

investigation or audit by the Illinois State Scholarship

Commission of a delinquent student loan or monetary award or

enforcement of any civil or criminal penalty or sanction

imposed by this Act or by another statute imposing a State tax,

and any person who divulges any such information in any manner,

except for such purposes and pursuant to order of the Director

or in accordance with a proper judicial order, shall be guilty

of a Class A misdemeanor. However, the provisions of this

paragraph are not applicable to information furnished to (i)

the Department of Healthcare and Family Services (formerly

Department of Public Aid), State's Attorneys, and the Attorney

General for child support enforcement purposes and (ii) a

licensed attorney representing the taxpayer where an appeal or

a protest has been filed on behalf of the taxpayer. If it is

necessary to file information obtained pursuant to this Act in

a child support enforcement proceeding, the information shall

be filed under seal.

(b) Public information. Nothing contained in this Act shall

prevent the Director from publishing or making available to the

public the names and addresses of persons filing returns under

this Act, or from publishing or making available reasonable

statistics concerning the operation of the tax wherein the

contents of returns are grouped into aggregates in such a way

that the information contained in any individual return shall

not be disclosed.

(c) Governmental agencies. The Director may make available

to the Secretary of the Treasury of the United States or his

delegate, or the proper officer or his delegate of any other

state imposing a tax upon or measured by income, for

exclusively official purposes, information received by the

Department in the administration of this Act, but such

permission shall be granted only if the United States or such

other state, as the case may be, grants the Department

substantially similar privileges. The Director may exchange

information with the Department of Healthcare and Family

Services and the Department of Human Services (acting as

successor to the Department of Public Aid under the Department

of Human Services Act) for the purpose of verifying sources and

amounts of income and for other purposes directly connected

with the administration of this Act, the Illinois Public Aid

Code, and any other health benefit program administered by the

State. The Director may exchange information with the Director

of the Department of Employment Security for the purpose of

verifying sources and amounts of income and for other purposes

directly connected with the administration of this Act and Acts

administered by the Department of Employment Security. The

Director may make available to the Illinois Workers'

Compensation Commission information regarding employers for

the purpose of verifying the insurance coverage required under

the Workers' Compensation Act and Workers' Occupational

Diseases Act. The Director may exchange information with the

Illinois Department on Aging for the purpose of verifying

sources and amounts of income for purposes directly related to

confirming eligibility for participation in the programs of

benefits authorized by the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief and

Pharmaceutical Assistance Act.

The Director may make available to any State agency,

including the Illinois Supreme Court, which licenses persons to

engage in any occupation, information that a person licensed by

such agency has failed to file returns under this Act or pay

the tax, penalty and interest shown therein, or has failed to

pay any final assessment of tax, penalty or interest due under

this Act. The Director may make available to any State agency,

including the Illinois Supreme Court, information regarding

whether a bidder, contractor, or an affiliate of a bidder or

contractor has failed to file returns under this Act or pay the

tax, penalty, and interest shown therein, or has failed to pay

any final assessment of tax, penalty, or interest due under

this Act, for the limited purpose of enforcing bidder and

contractor certifications. For purposes of this Section, the

term "affiliate" means any entity that (1) directly,

indirectly, or constructively controls another entity, (2) is

directly, indirectly, or constructively controlled by another

entity, or (3) is subject to the control of a common entity.

For purposes of this subsection (a), an entity controls another

entity if it owns, directly or individually, more than 10% of

the voting securities of that entity. As used in this

subsection (a), the term "voting security" means a security

that (1) confers upon the holder the right to vote for the

election of members of the board of directors or similar

governing body of the business or (2) is convertible into, or

entitles the holder to receive upon its exercise, a security

that confers such a right to vote. A general partnership

interest is a voting security.

The Director may make available to any State agency,

including the Illinois Supreme Court, units of local

government, and school districts, information regarding

whether a bidder or contractor is an affiliate of a person who

is not collecting and remitting Illinois Use taxes, for the

limited purpose of enforcing bidder and contractor

certifications.

The Director may also make available to the Secretary of

State information that a corporation which has been issued a

certificate of incorporation by the Secretary of State has

failed to file returns under this Act or pay the tax, penalty

and interest shown therein, or has failed to pay any final

assessment of tax, penalty or interest due under this Act. An

assessment is final when all proceedings in court for review of

such assessment have terminated or the time for the taking

thereof has expired without such proceedings being instituted.

For taxable years ending on or after December 31, 1987, the

Director may make available to the Director or principal

officer of any Department of the State of Illinois, information

that a person employed by such Department has failed to file

returns under this Act or pay the tax, penalty and interest

shown therein. For purposes of this paragraph, the word

"Department" shall have the same meaning as provided in Section

3 of the State Employees Group Insurance Act of 1971.

(d) The Director shall make available for public inspection

in the Department's principal office and for publication, at

cost, administrative decisions issued on or after January 1,

1995. These decisions are to be made available in a manner so

that the following taxpayer information is not disclosed:

(1) The names, addresses, and identification numbers

of the taxpayer, related entities, and employees.

(2) At the sole discretion of the Director, trade

secrets or other confidential information identified as

such by the taxpayer, no later than 30 days after receipt

of an administrative decision, by such means as the

Department shall provide by rule.

The Director shall determine the appropriate extent of the

deletions allowed in paragraph (2). In the event the taxpayer

does not submit deletions, the Director shall make only the

deletions specified in paragraph (1).

The Director shall make available for public inspection and

publication an administrative decision within 180 days after

the issuance of the administrative decision. The term

"administrative decision" has the same meaning as defined in

Section 3-101 of Article III of the Code of Civil Procedure.

Costs collected under this Section shall be paid into the Tax

Compliance and Administration Fund.

(e) Nothing contained in this Act shall prevent the

Director from divulging information to any person pursuant to a

request or authorization made by the taxpayer, by an authorized

representative of the taxpayer, or, in the case of information

related to a joint return, by the spouse filing the joint

return with the taxpayer.

(Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)

Section 300. The Use Tax Act is amended by changing

Sections 3-8 and 3-10 as follows:

(35 ILCS 105/3-8)

Sec. 3-8. Hospital exemption.

(a) Tangible personal property sold to or used by a

hospital owner that owns one or more hospitals licensed under

the Hospital Licensing Act or operated under the University of

Illinois Hospital Act, or a hospital affiliate that is not

already exempt under another provision of this Act and meets

the criteria for an exemption under this Section, is exempt

from taxation under this Act.

(b) A hospital owner or hospital affiliate satisfies the

conditions for an exemption under this Section if the value of

qualified services or activities listed in subsection (c) of

this Section for the hospital year equals or exceeds the

relevant hospital entity's estimated property tax liability,

without regard to any property tax exemption granted under

Section 15-86 of the Property Tax Code, for the calendar year

in which exemption or renewal of exemption is sought. For

purposes of making the calculations required by this subsection

(b), if the relevant hospital entity is a hospital owner that

owns more than one hospital, the value of the services or

activities listed in subsection (c) shall be calculated on the

basis of only those services and activities relating to the

hospital that includes the subject property, and the relevant

hospital entity's estimated property tax liability shall be

calculated only with respect to the properties comprising that

hospital. In the case of a multi-state hospital system or

hospital affiliate, the value of the services or activities

listed in subsection (c) shall be calculated on the basis of

only those services and activities that occur in Illinois and

the relevant hospital entity's estimated property tax

liability shall be calculated only with respect to its property

located in Illinois.

(c) The following services and activities shall be

considered for purposes of making the calculations required by

subsection (b):

(1) Charity care. Free or discounted services provided

pursuant to the relevant hospital entity's financial

assistance policy, measured at cost, including discounts

provided under the Hospital Uninsured Patient Discount

Act.

(2) Health services to low-income and underserved

individuals. Other unreimbursed costs of the relevant

hospital entity for providing without charge, paying for,

or subsidizing goods, activities, or services for the

purpose of addressing the health of low-income or

underserved individuals. Those activities or services may

include, but are not limited to: financial or in-kind

support to affiliated or unaffiliated hospitals, hospital

affiliates, community clinics, or programs that treat

low-income or underserved individuals; paying for or

subsidizing health care professionals who care for

low-income or underserved individuals; providing or

subsidizing outreach or educational services to low-income

or underserved individuals for disease management and

prevention; free or subsidized goods, supplies, or

services needed by low-income or underserved individuals

because of their medical condition; and prenatal or

childbirth outreach to low-income or underserved persons.

(3) Subsidy of State or local governments. Direct or

indirect financial or in-kind subsidies of State or local

governments by the relevant hospital entity that pay for or

subsidize activities or programs related to health care for

low-income or underserved individuals.

(4) Support for State health care programs for

low-income individuals. At the election of the hospital

applicant for each applicable year, either (A) 10% of

payments to the relevant hospital entity and any hospital

affiliate designated by the relevant hospital entity

(provided that such hospital affiliate's operations

provide financial or operational support for or receive

financial or operational support from the relevant

hospital entity) under Medicaid or other means-tested

programs, including, but not limited to, General

Assistance, the Covering ALL KIDS Health Insurance Act, and

the State Children's Health Insurance Program or (B) the

amount of subsidy provided by the relevant hospital entity

and any hospital affiliate designated by the relevant

hospital entity (provided that such hospital affiliate's

operations provide financial or operational support for or

receive financial or operational support from the relevant

hospital entity) to State or local government in treating

Medicaid recipients and recipients of means-tested

programs, including but not limited to General Assistance,

the Covering ALL KIDS Health Insurance Act, and the State

Children's Health Insurance Program. The amount of subsidy

for purpose of this item (4) is calculated in the same

manner as unreimbursed costs are calculated for Medicaid

and other means-tested government programs in the Schedule

H of IRS Form 990 in effect on the effective date of this

amendatory Act of the 97th General Assembly.

(5) Dual-eligible subsidy. The amount of subsidy

provided to government by treating dual-eligible

Medicare/Medicaid patients. The amount of subsidy for

purposes of this item (5) is calculated by multiplying the

relevant hospital entity's unreimbursed costs for

Medicare, calculated in the same manner as determined in

the Schedule H of IRS Form 990 in effect on the effective

date of this amendatory Act of the 97th General Assembly,

by the relevant hospital entity's ratio of dual-eligible

patients to total Medicare patients.

(6) Relief of the burden of government related to

health care. Except to the extent otherwise taken into

account in this subsection, the portion of unreimbursed

costs of the relevant hospital entity attributable to

providing, paying for, or subsidizing goods, activities,

or services that relieve the burden of government related

to health care for low-income individuals. Such activities

or services shall include, but are not limited to,

providing emergency, trauma, burn, neonatal, psychiatric,

rehabilitation, or other special services; providing

medical education; and conducting medical research or

training of health care professionals. The portion of those

unreimbursed costs attributable to benefiting low-income

individuals shall be determined using the ratio calculated

by adding the relevant hospital entity's costs

attributable to charity care, Medicaid, other means-tested

government programs, Medicare patients with disabilities

disabled Medicare patients under age 65, and dual-eligible

Medicare/Medicaid patients and dividing that total by the

relevant hospital entity's total costs. Such costs for the

numerator and denominator shall be determined by

multiplying gross charges by the cost to charge ratio taken

from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I). In the case of

emergency services, the ratio shall be calculated using

costs (gross charges multiplied by the cost to charge ratio

taken from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I)) of patients treated

in the relevant hospital entity's emergency department.

(7) Any other activity by the relevant hospital entity

that the Department determines relieves the burden of

government or addresses the health of low-income or

underserved individuals.

(d) The hospital applicant shall include information in its

exemption application establishing that it satisfies the

requirements of subsection (b). For purposes of making the

calculations required by subsection (b), the hospital

applicant may for each year elect to use either (1) the value

of the services or activities listed in subsection (e) for the

hospital year or (2) the average value of those services or

activities for the 3 fiscal years ending with the hospital

year. If the relevant hospital entity has been in operation for

less than 3 completed fiscal years, then the latter

calculation, if elected, shall be performed on a pro rata

basis.

(e) For purposes of making the calculations required by

this Section:

(1) particular services or activities eligible for

consideration under any of the paragraphs (1) through (7)

of subsection (c) may not be counted under more than one of

those paragraphs; and

(2) the amount of unreimbursed costs and the amount of

subsidy shall not be reduced by restricted or unrestricted

payments received by the relevant hospital entity as

contributions deductible under Section 170(a) of the

Internal Revenue Code.

(f) (Blank).

(g) Estimation of Exempt Property Tax Liability. The

estimated property tax liability used for the determination in

subsection (b) shall be calculated as follows:

(1) "Estimated property tax liability" means the

estimated dollar amount of property tax that would be owed,

with respect to the exempt portion of each of the relevant

hospital entity's properties that are already fully or

partially exempt, or for which an exemption in whole or in

part is currently being sought, and then aggregated as

applicable, as if the exempt portion of those properties

were subject to tax, calculated with respect to each such

property by multiplying:

(A) the lesser of (i) the actual assessed value, if

any, of the portion of the property for which an

exemption is sought or (ii) an estimated assessed value

of the exempt portion of such property as determined in

item (2) of this subsection (g), by

(B) the applicable State equalization rate

(yielding the equalized assessed value), by

(C) the applicable tax rate.

(2) The estimated assessed value of the exempt portion

of the property equals the sum of (i) the estimated fair

market value of buildings on the property, as determined in

accordance with subparagraphs (A) and (B) of this item (2),

multiplied by the applicable assessment factor, and (ii)

the estimated assessed value of the land portion of the

property, as determined in accordance with subparagraph

(C).

(A) The "estimated fair market value of buildings

on the property" means the replacement value of any

exempt portion of buildings on the property, minus

depreciation, determined utilizing the cost

replacement method whereby the exempt square footage

of all such buildings is multiplied by the replacement

cost per square foot for Class A Average building found

in the most recent edition of the Marshall & Swift

Valuation Services Manual, adjusted by any appropriate

current cost and local multipliers.

(B) Depreciation, for purposes of calculating the

estimated fair market value of buildings on the

property, is applied by utilizing a weighted mean life

for the buildings based on original construction and

assuming a 40-year life for hospital buildings and the

applicable life for other types of buildings as

specified in the American Hospital Association

publication "Estimated Useful Lives of Depreciable

Hospital Assets". In the case of hospital buildings,

the remaining life is divided by 40 and this ratio is

multiplied by the replacement cost of the buildings to

obtain an estimated fair market value of buildings. If

a hospital building is older than 35 years, a remaining

life of 5 years for residual value is assumed; and if a

building is less than 8 years old, a remaining life of

32 years is assumed.

(C) The estimated assessed value of the land

portion of the property shall be determined by

multiplying (i) the per square foot average of the

assessed values of three parcels of land (not including

farm land, and excluding the assessed value of the

improvements thereon) reasonably comparable to the

property, by (ii) the number of square feet comprising

the exempt portion of the property's land square

footage.

(3) The assessment factor, State equalization rate,

and tax rate (including any special factors such as

Enterprise Zones) used in calculating the estimated

property tax liability shall be for the most recent year

that is publicly available from the applicable chief county

assessment officer or officers at least 90 days before the

end of the hospital year.

(4) The method utilized to calculate estimated

property tax liability for purposes of this Section 15-86

shall not be utilized for the actual valuation, assessment,

or taxation of property pursuant to the Property Tax Code.

(h) For the purpose of this Section, the following terms

shall have the meanings set forth below:

(1) "Hospital" means any institution, place, building,

buildings on a campus, or other health care facility

located in Illinois that is licensed under the Hospital

Licensing Act and has a hospital owner.

(2) "Hospital owner" means a not-for-profit

corporation that is the titleholder of a hospital, or the

owner of the beneficial interest in an Illinois land trust

that is the titleholder of a hospital.

(3) "Hospital affiliate" means any corporation,

partnership, limited partnership, joint venture, limited

liability company, association or other organization,

other than a hospital owner, that directly or indirectly

controls, is controlled by, or is under common control with

one or more hospital owners and that supports, is supported

by, or acts in furtherance of the exempt health care

purposes of at least one of those hospital owners'

hospitals.

(4) "Hospital system" means a hospital and one or more

other hospitals or hospital affiliates related by common

control or ownership.

(5) "Control" relating to hospital owners, hospital

affiliates, or hospital systems means possession, direct

or indirect, of the power to direct or cause the direction

of the management and policies of the entity, whether

through ownership of assets, membership interest, other

voting or governance rights, by contract or otherwise.

(6) "Hospital applicant" means a hospital owner or

hospital affiliate that files an application for an

exemption or renewal of exemption under this Section.

(7) "Relevant hospital entity" means (A) the hospital

owner, in the case of a hospital applicant that is a

hospital owner, and (B) at the election of a hospital

applicant that is a hospital affiliate, either (i) the

hospital affiliate or (ii) the hospital system to which the

hospital applicant belongs, including any hospitals or

hospital affiliates that are related by common control or

ownership.

(8) "Subject property" means property used for the

calculation under subsection (b) of this Section.

(9) "Hospital year" means the fiscal year of the

relevant hospital entity, or the fiscal year of one of the

hospital owners in the hospital system if the relevant

hospital entity is a hospital system with members with

different fiscal years, that ends in the year for which the

exemption is sought.

(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)

(35 ILCS 105/3-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

either the selling price or the fair market value, if any, of

the tangible personal property. In all cases where property

functionally used or consumed is the same as the property that

was purchased at retail, then the tax is imposed on the selling

price of the property. In all cases where property functionally

used or consumed is a by-product or waste product that has been

refined, manufactured, or produced from property purchased at

retail, then the tax is imposed on the lower of the fair market

value, if any, of the specific property so used in this State

or on the selling price of the property purchased at retail.

For purposes of this Section "fair market value" means the

price at which property would change hands between a willing

buyer and a willing seller, neither being under any compulsion

to buy or sell and both having reasonable knowledge of the

relevant facts. The fair market value shall be established by

Illinois sales by the taxpayer of the same property as that

functionally used or consumed, or if there are no such sales by

the taxpayer, then comparable sales or purchases of property of

like kind and character in Illinois.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

Beginning on August 6, 2010 through August 15, 2010, with

respect to sales tax holiday items as defined in Section 3-6 of

this Act, the tax is imposed at the rate of 1.25%.

With respect to gasohol, the tax imposed by this Act

applies to (i) 70% of the proceeds of sales made on or after

January 1, 1990, and before July 1, 2003, (ii) 80% of the

proceeds of sales made on or after July 1, 2003 and on or

before December 31, 2018, and (iii) 100% of the proceeds of

sales made thereafter. If, at any time, however, the tax under

this Act on sales of gasohol is imposed at the rate of 1.25%,

then the tax imposed by this Act applies to 100% of the

proceeds of sales of gasohol made during that time.

With respect to majority blended ethanol fuel, the tax

imposed by this Act does not apply to the proceeds of sales

made on or after July 1, 2003 and on or before December 31,

2018 but applies to 100% of the proceeds of sales made

thereafter.

With respect to biodiesel blends with no less than 1% and

no more than 10% biodiesel, the tax imposed by this Act applies

to (i) 80% of the proceeds of sales made on or after July 1,

2003 and on or before December 31, 2018 and (ii) 100% of the

proceeds of sales made thereafter. If, at any time, however,

the tax under this Act on sales of biodiesel blends with no

less than 1% and no more than 10% biodiesel is imposed at the

rate of 1.25%, then the tax imposed by this Act applies to 100%

of the proceeds of sales of biodiesel blends with no less than

1% and no more than 10% biodiesel made during that time.

With respect to 100% biodiesel and biodiesel blends with

more than 10% but no more than 99% biodiesel, the tax imposed

by this Act does not apply to the proceeds of sales made on or

after July 1, 2003 and on or before December 31, 2018 but

applies to 100% of the proceeds of sales made thereafter.

With respect to food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, soft drinks, and food that has been

prepared for immediate consumption) and prescription and

nonprescription medicines, drugs, medical appliances,

modifications to a motor vehicle for the purpose of rendering

it usable by a person with a disability disabled person, and

insulin, urine testing materials, syringes, and needles used by

diabetics, for human use, the tax is imposed at the rate of 1%.

For the purposes of this Section, until September 1, 2009: the

term "soft drinks" means any complete, finished, ready-to-use,

non-alcoholic drink, whether carbonated or not, including but

not limited to soda water, cola, fruit juice, vegetable juice,

carbonated water, and all other preparations commonly known as

soft drinks of whatever kind or description that are contained

in any closed or sealed bottle, can, carton, or container,

regardless of size; but "soft drinks" does not include coffee,

tea, non-carbonated water, infant formula, milk or milk

products as defined in the Grade A Pasteurized Milk and Milk

Products Act, or drinks containing 50% or more natural fruit or

vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" do not include beverages that contain milk or milk

products, soy, rice or similar milk substitutes, or greater

than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or other

ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

label includes:

(A) A "Drug Facts" panel; or

(B) A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on the effective date of this amendatory Act of

the 98th General Assembly, "prescription and nonprescription

medicines and drugs" includes medical cannabis purchased from a

registered dispensing organization under the Compassionate Use

of Medical Cannabis Pilot Program Act.

If the property that is purchased at retail from a retailer

is acquired outside Illinois and used outside Illinois before

being brought to Illinois for use here and is taxable under

this Act, the "selling price" on which the tax is computed

shall be reduced by an amount that represents a reasonable

allowance for depreciation for the period of prior out-of-state

use.

(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)

Section 305. The Service Use Tax Act is amended by changing

Sections 3-8 and 3-10 as follows:

(35 ILCS 110/3-8)

Sec. 3-8. Hospital exemption.

(a) Tangible personal property sold to or used by a

hospital owner that owns one or more hospitals licensed under

the Hospital Licensing Act or operated under the University of

Illinois Hospital Act, or a hospital affiliate that is not

already exempt under another provision of this Act and meets

the criteria for an exemption under this Section, is exempt

from taxation under this Act.

(b) A hospital owner or hospital affiliate satisfies the

conditions for an exemption under this Section if the value of

qualified services or activities listed in subsection (c) of

this Section for the hospital year equals or exceeds the

relevant hospital entity's estimated property tax liability,

without regard to any property tax exemption granted under

Section 15-86 of the Property Tax Code, for the calendar year

in which exemption or renewal of exemption is sought. For

purposes of making the calculations required by this subsection

(b), if the relevant hospital entity is a hospital owner that

owns more than one hospital, the value of the services or

activities listed in subsection (c) shall be calculated on the

basis of only those services and activities relating to the

hospital that includes the subject property, and the relevant

hospital entity's estimated property tax liability shall be

calculated only with respect to the properties comprising that

hospital. In the case of a multi-state hospital system or

hospital affiliate, the value of the services or activities

listed in subsection (c) shall be calculated on the basis of

only those services and activities that occur in Illinois and

the relevant hospital entity's estimated property tax

liability shall be calculated only with respect to its property

located in Illinois.

(c) The following services and activities shall be

considered for purposes of making the calculations required by

subsection (b):

(1) Charity care. Free or discounted services provided

pursuant to the relevant hospital entity's financial

assistance policy, measured at cost, including discounts

provided under the Hospital Uninsured Patient Discount

Act.

(2) Health services to low-income and underserved

individuals. Other unreimbursed costs of the relevant

hospital entity for providing without charge, paying for,

or subsidizing goods, activities, or services for the

purpose of addressing the health of low-income or

underserved individuals. Those activities or services may

include, but are not limited to: financial or in-kind

support to affiliated or unaffiliated hospitals, hospital

affiliates, community clinics, or programs that treat

low-income or underserved individuals; paying for or

subsidizing health care professionals who care for

low-income or underserved individuals; providing or

subsidizing outreach or educational services to low-income

or underserved individuals for disease management and

prevention; free or subsidized goods, supplies, or

services needed by low-income or underserved individuals

because of their medical condition; and prenatal or

childbirth outreach to low-income or underserved persons.

(3) Subsidy of State or local governments. Direct or

indirect financial or in-kind subsidies of State or local

governments by the relevant hospital entity that pay for or

subsidize activities or programs related to health care for

low-income or underserved individuals.

(4) Support for State health care programs for

low-income individuals. At the election of the hospital

applicant for each applicable year, either (A) 10% of

payments to the relevant hospital entity and any hospital

affiliate designated by the relevant hospital entity

(provided that such hospital affiliate's operations

provide financial or operational support for or receive

financial or operational support from the relevant

hospital entity) under Medicaid or other means-tested

programs, including, but not limited to, General

Assistance, the Covering ALL KIDS Health Insurance Act, and

the State Children's Health Insurance Program or (B) the

amount of subsidy provided by the relevant hospital entity

and any hospital affiliate designated by the relevant

hospital entity (provided that such hospital affiliate's

operations provide financial or operational support for or

receive financial or operational support from the relevant

hospital entity) to State or local government in treating

Medicaid recipients and recipients of means-tested

programs, including but not limited to General Assistance,

the Covering ALL KIDS Health Insurance Act, and the State

Children's Health Insurance Program. The amount of subsidy

for purposes of this item (4) is calculated in the same

manner as unreimbursed costs are calculated for Medicaid

and other means-tested government programs in the Schedule

H of IRS Form 990 in effect on the effective date of this

amendatory Act of the 97th General Assembly.

(5) Dual-eligible subsidy. The amount of subsidy

provided to government by treating dual-eligible

Medicare/Medicaid patients. The amount of subsidy for

purposes of this item (5) is calculated by multiplying the

relevant hospital entity's unreimbursed costs for

Medicare, calculated in the same manner as determined in

the Schedule H of IRS Form 990 in effect on the effective

date of this amendatory Act of the 97th General Assembly,

by the relevant hospital entity's ratio of dual-eligible

patients to total Medicare patients.

(6) Relief of the burden of government related to

health care. Except to the extent otherwise taken into

account in this subsection, the portion of unreimbursed

costs of the relevant hospital entity attributable to

providing, paying for, or subsidizing goods, activities,

or services that relieve the burden of government related

to health care for low-income individuals. Such activities

or services shall include, but are not limited to,

providing emergency, trauma, burn, neonatal, psychiatric,

rehabilitation, or other special services; providing

medical education; and conducting medical research or

training of health care professionals. The portion of those

unreimbursed costs attributable to benefiting low-income

individuals shall be determined using the ratio calculated

by adding the relevant hospital entity's costs

attributable to charity care, Medicaid, other means-tested

government programs, Medicare patients with disabilities

disabled Medicare patients under age 65, and dual-eligible

Medicare/Medicaid patients and dividing that total by the

relevant hospital entity's total costs. Such costs for the

numerator and denominator shall be determined by

multiplying gross charges by the cost to charge ratio taken

from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I). In the case of

emergency services, the ratio shall be calculated using

costs (gross charges multiplied by the cost to charge ratio

taken from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I)) of patients treated

in the relevant hospital entity's emergency department.

(7) Any other activity by the relevant hospital entity

that the Department determines relieves the burden of

government or addresses the health of low-income or

underserved individuals.

(d) The hospital applicant shall include information in its

exemption application establishing that it satisfies the

requirements of subsection (b). For purposes of making the

calculations required by subsection (b), the hospital

applicant may for each year elect to use either (1) the value

of the services or activities listed in subsection (e) for the

hospital year or (2) the average value of those services or

activities for the 3 fiscal years ending with the hospital

year. If the relevant hospital entity has been in operation for

less than 3 completed fiscal years, then the latter

calculation, if elected, shall be performed on a pro rata

basis.

(e) For purposes of making the calculations required by

this Section:

(1) particular services or activities eligible for

consideration under any of the paragraphs (1) through (7)

of subsection (c) may not be counted under more than one of

those paragraphs; and

(2) the amount of unreimbursed costs and the amount of

subsidy shall not be reduced by restricted or unrestricted

payments received by the relevant hospital entity as

contributions deductible under Section 170(a) of the

Internal Revenue Code.

(f) (Blank).

(g) Estimation of Exempt Property Tax Liability. The

estimated property tax liability used for the determination in

subsection (b) shall be calculated as follows:

(1) "Estimated property tax liability" means the

estimated dollar amount of property tax that would be owed,

with respect to the exempt portion of each of the relevant

hospital entity's properties that are already fully or

partially exempt, or for which an exemption in whole or in

part is currently being sought, and then aggregated as

applicable, as if the exempt portion of those properties

were subject to tax, calculated with respect to each such

property by multiplying:

(A) the lesser of (i) the actual assessed value, if

any, of the portion of the property for which an

exemption is sought or (ii) an estimated assessed value

of the exempt portion of such property as determined in

item (2) of this subsection (g), by

(B) the applicable State equalization rate

(yielding the equalized assessed value), by

(C) the applicable tax rate.

(2) The estimated assessed value of the exempt portion

of the property equals the sum of (i) the estimated fair

market value of buildings on the property, as determined in

accordance with subparagraphs (A) and (B) of this item (2),

multiplied by the applicable assessment factor, and (ii)

the estimated assessed value of the land portion of the

property, as determined in accordance with subparagraph

(C).

(A) The "estimated fair market value of buildings

on the property" means the replacement value of any

exempt portion of buildings on the property, minus

depreciation, determined utilizing the cost

replacement method whereby the exempt square footage

of all such buildings is multiplied by the replacement

cost per square foot for Class A Average building found

in the most recent edition of the Marshall & Swift

Valuation Services Manual, adjusted by any appropriate

current cost and local multipliers.

(B) Depreciation, for purposes of calculating the

estimated fair market value of buildings on the

property, is applied by utilizing a weighted mean life

for the buildings based on original construction and

assuming a 40-year life for hospital buildings and the

applicable life for other types of buildings as

specified in the American Hospital Association

publication "Estimated Useful Lives of Depreciable

Hospital Assets". In the case of hospital buildings,

the remaining life is divided by 40 and this ratio is

multiplied by the replacement cost of the buildings to

obtain an estimated fair market value of buildings. If

a hospital building is older than 35 years, a remaining

life of 5 years for residual value is assumed; and if a

building is less than 8 years old, a remaining life of

32 years is assumed.

(C) The estimated assessed value of the land

portion of the property shall be determined by

multiplying (i) the per square foot average of the

assessed values of three parcels of land (not including

farm land, and excluding the assessed value of the

improvements thereon) reasonably comparable to the

property, by (ii) the number of square feet comprising

the exempt portion of the property's land square

footage.

(3) The assessment factor, State equalization rate,

and tax rate (including any special factors such as

Enterprise Zones) used in calculating the estimated

property tax liability shall be for the most recent year

that is publicly available from the applicable chief county

assessment officer or officers at least 90 days before the

end of the hospital year.

(4) The method utilized to calculate estimated

property tax liability for purposes of this Section 15-86

shall not be utilized for the actual valuation, assessment,

or taxation of property pursuant to the Property Tax Code.

(h) For the purpose of this Section, the following terms

shall have the meanings set forth below:

(1) "Hospital" means any institution, place, building,

buildings on a campus, or other health care facility

located in Illinois that is licensed under the Hospital

Licensing Act and has a hospital owner.

(2) "Hospital owner" means a not-for-profit

corporation that is the titleholder of a hospital, or the

owner of the beneficial interest in an Illinois land trust

that is the titleholder of a hospital.

(3) "Hospital affiliate" means any corporation,

partnership, limited partnership, joint venture, limited

liability company, association or other organization,

other than a hospital owner, that directly or indirectly

controls, is controlled by, or is under common control with

one or more hospital owners and that supports, is supported

by, or acts in furtherance of the exempt health care

purposes of at least one of those hospital owners'

hospitals.

(4) "Hospital system" means a hospital and one or more

other hospitals or hospital affiliates related by common

control or ownership.

(5) "Control" relating to hospital owners, hospital

affiliates, or hospital systems means possession, direct

or indirect, of the power to direct or cause the direction

of the management and policies of the entity, whether

through ownership of assets, membership interest, other

voting or governance rights, by contract or otherwise.

(6) "Hospital applicant" means a hospital owner or

hospital affiliate that files an application for an

exemption or renewal of exemption under this Section.

(7) "Relevant hospital entity" means (A) the hospital

owner, in the case of a hospital applicant that is a

hospital owner, and (B) at the election of a hospital

applicant that is a hospital affiliate, either (i) the

hospital affiliate or (ii) the hospital system to which the

hospital applicant belongs, including any hospitals or

hospital affiliates that are related by common control or

ownership.

(8) "Subject property" means property used for the

calculation under subsection (b) of this Section.

(9) "Hospital year" means the fiscal year of the

relevant hospital entity, or the fiscal year of one of the

hospital owners in the hospital system if the relevant

hospital entity is a hospital system with members with

different fiscal years, that ends in the year for which the

exemption is sought.

(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)

(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

the selling price of tangible personal property transferred as

an incident to the sale of service, but, for the purpose of

computing this tax, in no event shall the selling price be less

than the cost price of the property to the serviceman.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

With respect to gasohol, as defined in the Use Tax Act, the

tax imposed by this Act applies to (i) 70% of the selling price

of property transferred as an incident to the sale of service

on or after January 1, 1990, and before July 1, 2003, (ii) 80%

of the selling price of property transferred as an incident to

the sale of service on or after July 1, 2003 and on or before

December 31, 2018, and (iii) 100% of the selling price

thereafter. If, at any time, however, the tax under this Act on

sales of gasohol, as defined in the Use Tax Act, is imposed at

the rate of 1.25%, then the tax imposed by this Act applies to

100% of the proceeds of sales of gasohol made during that time.

With respect to majority blended ethanol fuel, as defined

in the Use Tax Act, the tax imposed by this Act does not apply

to the selling price of property transferred as an incident to

the sale of service on or after July 1, 2003 and on or before

December 31, 2018 but applies to 100% of the selling price

thereafter.

With respect to biodiesel blends, as defined in the Use Tax

Act, with no less than 1% and no more than 10% biodiesel, the

tax imposed by this Act applies to (i) 80% of the selling price

of property transferred as an incident to the sale of service

on or after July 1, 2003 and on or before December 31, 2018 and

(ii) 100% of the proceeds of the selling price thereafter. If,

at any time, however, the tax under this Act on sales of

biodiesel blends, as defined in the Use Tax Act, with no less

than 1% and no more than 10% biodiesel is imposed at the rate

of 1.25%, then the tax imposed by this Act applies to 100% of

the proceeds of sales of biodiesel blends with no less than 1%

and no more than 10% biodiesel made during that time.

With respect to 100% biodiesel, as defined in the Use Tax

Act, and biodiesel blends, as defined in the Use Tax Act, with

more than 10% but no more than 99% biodiesel, the tax imposed

by this Act does not apply to the proceeds of the selling price

of property transferred as an incident to the sale of service

on or after July 1, 2003 and on or before December 31, 2018 but

applies to 100% of the selling price thereafter.

At the election of any registered serviceman made for each

fiscal year, sales of service in which the aggregate annual

cost price of tangible personal property transferred as an

incident to the sales of service is less than 35%, or 75% in

the case of servicemen transferring prescription drugs or

servicemen engaged in graphic arts production, of the aggregate

annual total gross receipts from all sales of service, the tax

imposed by this Act shall be based on the serviceman's cost

price of the tangible personal property transferred as an

incident to the sale of those services.

The tax shall be imposed at the rate of 1% on food prepared

for immediate consumption and transferred incident to a sale of

service subject to this Act or the Service Occupation Tax Act

by an entity licensed under the Hospital Licensing Act, the

Nursing Home Care Act, the ID/DD Community Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

Child Care Act of 1969. The tax shall also be imposed at the

rate of 1% on food for human consumption that is to be consumed

off the premises where it is sold (other than alcoholic

beverages, soft drinks, and food that has been prepared for

immediate consumption and is not otherwise included in this

paragraph) and prescription and nonprescription medicines,

drugs, medical appliances, modifications to a motor vehicle for

the purpose of rendering it usable by a person with a

disability disabled person, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use. For the purposes of this Section, until September 1, 2009:

the term "soft drinks" means any complete, finished,

ready-to-use, non-alcoholic drink, whether carbonated or not,

including but not limited to soda water, cola, fruit juice,

vegetable juice, carbonated water, and all other preparations

commonly known as soft drinks of whatever kind or description

that are contained in any closed or sealed bottle, can, carton,

or container, regardless of size; but "soft drinks" does not

include coffee, tea, non-carbonated water, infant formula,

milk or milk products as defined in the Grade A Pasteurized

Milk and Milk Products Act, or drinks containing 50% or more

natural fruit or vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" do not include beverages that contain milk or milk

products, soy, rice or similar milk substitutes, or greater

than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or other

ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

label includes:

(A) A "Drug Facts" panel; or

(B) A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on January 1, 2014 (the effective date of Public

Act 98-122), "prescription and nonprescription medicines and

drugs" includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical

Cannabis Pilot Program Act.

If the property that is acquired from a serviceman is

acquired outside Illinois and used outside Illinois before

being brought to Illinois for use here and is taxable under

this Act, the "selling price" on which the tax is computed

shall be reduced by an amount that represents a reasonable

allowance for depreciation for the period of prior out-of-state

use.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,

eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,

eff. 7-16-14.)

Section 310. The Service Occupation Tax Act is amended by

changing Sections 3-8 and 3-10 as follows:

(35 ILCS 115/3-8)

Sec. 3-8. Hospital exemption.

(a) Tangible personal property sold to or used by a

hospital owner that owns one or more hospitals licensed under

the Hospital Licensing Act or operated under the University of

Illinois Hospital Act, or a hospital affiliate that is not

already exempt under another provision of this Act and meets

the criteria for an exemption under this Section, is exempt

from taxation under this Act.

(b) A hospital owner or hospital affiliate satisfies the

conditions for an exemption under this Section if the value of

qualified services or activities listed in subsection (c) of

this Section for the hospital year equals or exceeds the

relevant hospital entity's estimated property tax liability,

without regard to any property tax exemption granted under

Section 15-86 of the Property Tax Code, for the calendar year

in which exemption or renewal of exemption is sought. For

purposes of making the calculations required by this subsection

(b), if the relevant hospital entity is a hospital owner that

owns more than one hospital, the value of the services or

activities listed in subsection (c) shall be calculated on the

basis of only those services and activities relating to the

hospital that includes the subject property, and the relevant

hospital entity's estimated property tax liability shall be

calculated only with respect to the properties comprising that

hospital. In the case of a multi-state hospital system or

hospital affiliate, the value of the services or activities

listed in subsection (c) shall be calculated on the basis of

only those services and activities that occur in Illinois and

the relevant hospital entity's estimated property tax

liability shall be calculated only with respect to its property

located in Illinois.

(c) The following services and activities shall be

considered for purposes of making the calculations required by

subsection (b):

(1) Charity care. Free or discounted services provided

pursuant to the relevant hospital entity's financial

assistance policy, measured at cost, including discounts

provided under the Hospital Uninsured Patient Discount

Act.

(2) Health services to low-income and underserved

individuals. Other unreimbursed costs of the relevant

hospital entity for providing without charge, paying for,

or subsidizing goods, activities, or services for the

purpose of addressing the health of low-income or

underserved individuals. Those activities or services may

include, but are not limited to: financial or in-kind

support to affiliated or unaffiliated hospitals, hospital

affiliates, community clinics, or programs that treat

low-income or underserved individuals; paying for or

subsidizing health care professionals who care for

low-income or underserved individuals; providing or

subsidizing outreach or educational services to low-income

or underserved individuals for disease management and

prevention; free or subsidized goods, supplies, or

services needed by low-income or underserved individuals

because of their medical condition; and prenatal or

childbirth outreach to low-income or underserved persons.

(3) Subsidy of State or local governments. Direct or

indirect financial or in-kind subsidies of State or local

governments by the relevant hospital entity that pay for or

subsidize activities or programs related to health care for

low-income or underserved individuals.

(4) Support for State health care programs for

low-income individuals. At the election of the hospital

applicant for each applicable year, either (A) 10% of

payments to the relevant hospital entity and any hospital

affiliate designated by the relevant hospital entity

(provided that such hospital affiliate's operations

provide financial or operational support for or receive

financial or operational support from the relevant

hospital entity) under Medicaid or other means-tested

programs, including, but not limited to, General

Assistance, the Covering ALL KIDS Health Insurance Act, and

the State Children's Health Insurance Program or (B) the

amount of subsidy provided by the relevant hospital entity

and any hospital affiliate designated by the relevant

hospital entity (provided that such hospital affiliate's

operations provide financial or operational support for or

receive financial or operational support from the relevant

hospital entity) to State or local government in treating

Medicaid recipients and recipients of means-tested

programs, including but not limited to General Assistance,

the Covering ALL KIDS Health Insurance Act, and the State

Children's Health Insurance Program. The amount of subsidy

for purposes of this item (4) is calculated in the same

manner as unreimbursed costs are calculated for Medicaid

and other means-tested government programs in the Schedule

H of IRS Form 990 in effect on the effective date of this

amendatory Act of the 97th General Assembly.

(5) Dual-eligible subsidy. The amount of subsidy

provided to government by treating dual-eligible

Medicare/Medicaid patients. The amount of subsidy for

purposes of this item (5) is calculated by multiplying the

relevant hospital entity's unreimbursed costs for

Medicare, calculated in the same manner as determined in

the Schedule H of IRS Form 990 in effect on the effective

date of this amendatory Act of the 97th General Assembly,

by the relevant hospital entity's ratio of dual-eligible

patients to total Medicare patients.

(6) Relief of the burden of government related to

health care. Except to the extent otherwise taken into

account in this subsection, the portion of unreimbursed

costs of the relevant hospital entity attributable to

providing, paying for, or subsidizing goods, activities,

or services that relieve the burden of government related

to health care for low-income individuals. Such activities

or services shall include, but are not limited to,

providing emergency, trauma, burn, neonatal, psychiatric,

rehabilitation, or other special services; providing

medical education; and conducting medical research or

training of health care professionals. The portion of those

unreimbursed costs attributable to benefiting low-income

individuals shall be determined using the ratio calculated

by adding the relevant hospital entity's costs

attributable to charity care, Medicaid, other means-tested

government programs, Medicare patients with disabilities

disabled Medicare patients under age 65, and dual-eligible

Medicare/Medicaid patients and dividing that total by the

relevant hospital entity's total costs. Such costs for the

numerator and denominator shall be determined by

multiplying gross charges by the cost to charge ratio taken

from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I). In the case of

emergency services, the ratio shall be calculated using

costs (gross charges multiplied by the cost to charge ratio

taken from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I)) of patients treated

in the relevant hospital entity's emergency department.

(7) Any other activity by the relevant hospital entity

that the Department determines relieves the burden of

government or addresses the health of low-income or

underserved individuals.

(d) The hospital applicant shall include information in its

exemption application establishing that it satisfies the

requirements of subsection (b). For purposes of making the

calculations required by subsection (b), the hospital

applicant may for each year elect to use either (1) the value

of the services or activities listed in subsection (e) for the

hospital year or (2) the average value of those services or

activities for the 3 fiscal years ending with the hospital

year. If the relevant hospital entity has been in operation for

less than 3 completed fiscal years, then the latter

calculation, if elected, shall be performed on a pro rata

basis.

(e) For purposes of making the calculations required by

this Section:

(1) particular services or activities eligible for

consideration under any of the paragraphs (1) through (7)

of subsection (c) may not be counted under more than one of

those paragraphs; and

(2) the amount of unreimbursed costs and the amount of

subsidy shall not be reduced by restricted or unrestricted

payments received by the relevant hospital entity as

contributions deductible under Section 170(a) of the

Internal Revenue Code.

(f) (Blank).

(g) Estimation of Exempt Property Tax Liability. The

estimated property tax liability used for the determination in

subsection (b) shall be calculated as follows:

(1) "Estimated property tax liability" means the

estimated dollar amount of property tax that would be owed,

with respect to the exempt portion of each of the relevant

hospital entity's properties that are already fully or

partially exempt, or for which an exemption in whole or in

part is currently being sought, and then aggregated as

applicable, as if the exempt portion of those properties

were subject to tax, calculated with respect to each such

property by multiplying:

(A) the lesser of (i) the actual assessed value, if

any, of the portion of the property for which an

exemption is sought or (ii) an estimated assessed value

of the exempt portion of such property as determined in

item (2) of this subsection (g), by

(B) the applicable State equalization rate

(yielding the equalized assessed value), by

(C) the applicable tax rate.

(2) The estimated assessed value of the exempt portion

of the property equals the sum of (i) the estimated fair

market value of buildings on the property, as determined in

accordance with subparagraphs (A) and (B) of this item (2),

multiplied by the applicable assessment factor, and (ii)

the estimated assessed value of the land portion of the

property, as determined in accordance with subparagraph

(C).

(A) The "estimated fair market value of buildings

on the property" means the replacement value of any

exempt portion of buildings on the property, minus

depreciation, determined utilizing the cost

replacement method whereby the exempt square footage

of all such buildings is multiplied by the replacement

cost per square foot for Class A Average building found

in the most recent edition of the Marshall & Swift

Valuation Services Manual, adjusted by any appropriate

current cost and local multipliers.

(B) Depreciation, for purposes of calculating the

estimated fair market value of buildings on the

property, is applied by utilizing a weighted mean life

for the buildings based on original construction and

assuming a 40-year life for hospital buildings and the

applicable life for other types of buildings as

specified in the American Hospital Association

publication "Estimated Useful Lives of Depreciable

Hospital Assets". In the case of hospital buildings,

the remaining life is divided by 40 and this ratio is

multiplied by the replacement cost of the buildings to

obtain an estimated fair market value of buildings. If

a hospital building is older than 35 years, a remaining

life of 5 years for residual value is assumed; and if a

building is less than 8 years old, a remaining life of

32 years is assumed.

(C) The estimated assessed value of the land

portion of the property shall be determined by

multiplying (i) the per square foot average of the

assessed values of three parcels of land (not including

farm land, and excluding the assessed value of the

improvements thereon) reasonably comparable to the

property, by (ii) the number of square feet comprising

the exempt portion of the property's land square

footage.

(3) The assessment factor, State equalization rate,

and tax rate (including any special factors such as

Enterprise Zones) used in calculating the estimated

property tax liability shall be for the most recent year

that is publicly available from the applicable chief county

assessment officer or officers at least 90 days before the

end of the hospital year.

(4) The method utilized to calculate estimated

property tax liability for purposes of this Section 15-86

shall not be utilized for the actual valuation, assessment,

or taxation of property pursuant to the Property Tax Code.

(h) For the purpose of this Section, the following terms

shall have the meanings set forth below:

(1) "Hospital" means any institution, place, building,

buildings on a campus, or other health care facility

located in Illinois that is licensed under the Hospital

Licensing Act and has a hospital owner.

(2) "Hospital owner" means a not-for-profit

corporation that is the titleholder of a hospital, or the

owner of the beneficial interest in an Illinois land trust

that is the titleholder of a hospital.

(3) "Hospital affiliate" means any corporation,

partnership, limited partnership, joint venture, limited

liability company, association or other organization,

other than a hospital owner, that directly or indirectly

controls, is controlled by, or is under common control with

one or more hospital owners and that supports, is supported

by, or acts in furtherance of the exempt health care

purposes of at least one of those hospital owners'

hospitals.

(4) "Hospital system" means a hospital and one or more

other hospitals or hospital affiliates related by common

control or ownership.

(5) "Control" relating to hospital owners, hospital

affiliates, or hospital systems means possession, direct

or indirect, of the power to direct or cause the direction

of the management and policies of the entity, whether

through ownership of assets, membership interest, other

voting or governance rights, by contract or otherwise.

(6) "Hospital applicant" means a hospital owner or

hospital affiliate that files an application for an

exemption or renewal of exemption under this Section.

(7) "Relevant hospital entity" means (A) the hospital

owner, in the case of a hospital applicant that is a

hospital owner, and (B) at the election of a hospital

applicant that is a hospital affiliate, either (i) the

hospital affiliate or (ii) the hospital system to which the

hospital applicant belongs, including any hospitals or

hospital affiliates that are related by common control or

ownership.

(8) "Subject property" means property used for the

calculation under subsection (b) of this Section.

(9) "Hospital year" means the fiscal year of the

relevant hospital entity, or the fiscal year of one of the

hospital owners in the hospital system if the relevant

hospital entity is a hospital system with members with

different fiscal years, that ends in the year for which the

exemption is sought.

(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)

(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)

Sec. 3-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

the "selling price", as defined in Section 2 of the Service Use

Tax Act, of the tangible personal property. For the purpose of

computing this tax, in no event shall the "selling price" be

less than the cost price to the serviceman of the tangible

personal property transferred. The selling price of each item

of tangible personal property transferred as an incident of a

sale of service may be shown as a distinct and separate item on

the serviceman's billing to the service customer. If the

selling price is not so shown, the selling price of the

tangible personal property is deemed to be 50% of the

serviceman's entire billing to the service customer. When,

however, a serviceman contracts to design, develop, and produce

special order machinery or equipment, the tax imposed by this

Act shall be based on the serviceman's cost price of the

tangible personal property transferred incident to the

completion of the contract.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

With respect to gasohol, as defined in the Use Tax Act, the

tax imposed by this Act shall apply to (i) 70% of the cost

price of property transferred as an incident to the sale of

service on or after January 1, 1990, and before July 1, 2003,

(ii) 80% of the selling price of property transferred as an

incident to the sale of service on or after July 1, 2003 and on

or before December 31, 2018, and (iii) 100% of the cost price

thereafter. If, at any time, however, the tax under this Act on

sales of gasohol, as defined in the Use Tax Act, is imposed at

the rate of 1.25%, then the tax imposed by this Act applies to

100% of the proceeds of sales of gasohol made during that time.

With respect to majority blended ethanol fuel, as defined

in the Use Tax Act, the tax imposed by this Act does not apply

to the selling price of property transferred as an incident to

the sale of service on or after July 1, 2003 and on or before

December 31, 2018 but applies to 100% of the selling price

thereafter.

With respect to biodiesel blends, as defined in the Use Tax

Act, with no less than 1% and no more than 10% biodiesel, the

tax imposed by this Act applies to (i) 80% of the selling price

of property transferred as an incident to the sale of service

on or after July 1, 2003 and on or before December 31, 2018 and

(ii) 100% of the proceeds of the selling price thereafter. If,

at any time, however, the tax under this Act on sales of

biodiesel blends, as defined in the Use Tax Act, with no less

than 1% and no more than 10% biodiesel is imposed at the rate

of 1.25%, then the tax imposed by this Act applies to 100% of

the proceeds of sales of biodiesel blends with no less than 1%

and no more than 10% biodiesel made during that time.

With respect to 100% biodiesel, as defined in the Use Tax

Act, and biodiesel blends, as defined in the Use Tax Act, with

more than 10% but no more than 99% biodiesel material, the tax

imposed by this Act does not apply to the proceeds of the

selling price of property transferred as an incident to the

sale of service on or after July 1, 2003 and on or before

December 31, 2018 but applies to 100% of the selling price

thereafter.

At the election of any registered serviceman made for each

fiscal year, sales of service in which the aggregate annual

cost price of tangible personal property transferred as an

incident to the sales of service is less than 35%, or 75% in

the case of servicemen transferring prescription drugs or

servicemen engaged in graphic arts production, of the aggregate

annual total gross receipts from all sales of service, the tax

imposed by this Act shall be based on the serviceman's cost

price of the tangible personal property transferred incident to

the sale of those services.

The tax shall be imposed at the rate of 1% on food prepared

for immediate consumption and transferred incident to a sale of

service subject to this Act or the Service Occupation Tax Act

by an entity licensed under the Hospital Licensing Act, the

Nursing Home Care Act, the ID/DD Community Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

Child Care Act of 1969. The tax shall also be imposed at the

rate of 1% on food for human consumption that is to be consumed

off the premises where it is sold (other than alcoholic

beverages, soft drinks, and food that has been prepared for

immediate consumption and is not otherwise included in this

paragraph) and prescription and nonprescription medicines,

drugs, medical appliances, modifications to a motor vehicle for

the purpose of rendering it usable by a person with a

disability disabled person, and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use. For the purposes of this Section, until September 1, 2009:

the term "soft drinks" means any complete, finished,

ready-to-use, non-alcoholic drink, whether carbonated or not,

including but not limited to soda water, cola, fruit juice,

vegetable juice, carbonated water, and all other preparations

commonly known as soft drinks of whatever kind or description

that are contained in any closed or sealed can, carton, or

container, regardless of size; but "soft drinks" does not

include coffee, tea, non-carbonated water, infant formula,

milk or milk products as defined in the Grade A Pasteurized

Milk and Milk Products Act, or drinks containing 50% or more

natural fruit or vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" do not include beverages that contain milk or milk

products, soy, rice or similar milk substitutes, or greater

than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or other

ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

label includes:

(A) A "Drug Facts" panel; or

(B) A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on January 1, 2014 (the effective date of Public

Act 98-122), "prescription and nonprescription medicines and

drugs" includes medical cannabis purchased from a registered

dispensing organization under the Compassionate Use of Medical

Cannabis Pilot Program Act.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,

eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,

eff. 7-16-14.)

Section 315. The Retailers' Occupation Tax Act is amended

by changing Sections 2-9 and 2-10 as follows:

(35 ILCS 120/2-9)

Sec. 2-9. Hospital exemption.

(a) Tangible personal property sold to or used by a

hospital owner that owns one or more hospitals licensed under

the Hospital Licensing Act or operated under the University of

Illinois Hospital Act, or a hospital affiliate that is not

already exempt under another provision of this Act and meets

the criteria for an exemption under this Section, is exempt

from taxation under this Act.

(b) A hospital owner or hospital affiliate satisfies the

conditions for an exemption under this Section if the value of

qualified services or activities listed in subsection (c) of

this Section for the hospital year equals or exceeds the

relevant hospital entity's estimated property tax liability,

without regard to any property tax exemption granted under

Section 15-86 of the Property Tax Code, for the calendar year

in which exemption or renewal of exemption is sought. For

purposes of making the calculations required by this subsection

(b), if the relevant hospital entity is a hospital owner that

owns more than one hospital, the value of the services or

activities listed in subsection (c) shall be calculated on the

basis of only those services and activities relating to the

hospital that includes the subject property, and the relevant

hospital entity's estimated property tax liability shall be

calculated only with respect to the properties comprising that

hospital. In the case of a multi-state hospital system or

hospital affiliate, the value of the services or activities

listed in subsection (c) shall be calculated on the basis of

only those services and activities that occur in Illinois and

the relevant hospital entity's estimated property tax

liability shall be calculated only with respect to its property

located in Illinois.

(c) The following services and activities shall be

considered for purposes of making the calculations required by

subsection (b):

(1) Charity care. Free or discounted services provided

pursuant to the relevant hospital entity's financial

assistance policy, measured at cost, including discounts

provided under the Hospital Uninsured Patient Discount

Act.

(2) Health services to low-income and underserved

individuals. Other unreimbursed costs of the relevant

hospital entity for providing without charge, paying for,

or subsidizing goods, activities, or services for the

purpose of addressing the health of low-income or

underserved individuals. Those activities or services may

include, but are not limited to: financial or in-kind

support to affiliated or unaffiliated hospitals, hospital

affiliates, community clinics, or programs that treat

low-income or underserved individuals; paying for or

subsidizing health care professionals who care for

low-income or underserved individuals; providing or

subsidizing outreach or educational services to low-income

or underserved individuals for disease management and

prevention; free or subsidized goods, supplies, or

services needed by low-income or underserved individuals

because of their medical condition; and prenatal or

childbirth outreach to low-income or underserved persons.

(3) Subsidy of State or local governments. Direct or

indirect financial or in-kind subsidies of State or local

governments by the relevant hospital entity that pay for or

subsidize activities or programs related to health care for

low-income or underserved individuals.

(4) Support for State health care programs for

low-income individuals. At the election of the hospital

applicant for each applicable year, either (A) 10% of

payments to the relevant hospital entity and any hospital

affiliate designated by the relevant hospital entity

(provided that such hospital affiliate's operations

provide financial or operational support for or receive

financial or operational support from the relevant

hospital entity) under Medicaid or other means-tested

programs, including, but not limited to, General

Assistance, the Covering ALL KIDS Health Insurance Act, and

the State Children's Health Insurance Program or (B) the

amount of subsidy provided by the relevant hospital entity

and any hospital affiliate designated by the relevant

hospital entity (provided that such hospital affiliate's

operations provide financial or operational support for or

receive financial or operational support from the relevant

hospital entity) to State or local government in treating

Medicaid recipients and recipients of means-tested

programs, including but not limited to General Assistance,

the Covering ALL KIDS Health Insurance Act, and the State

Children's Health Insurance Program. The amount of subsidy

for purposes of this item (4) is calculated in the same

manner as unreimbursed costs are calculated for Medicaid

and other means-tested government programs in the Schedule

H of IRS Form 990 in effect on the effective date of this

amendatory Act of the 97th General Assembly.

(5) Dual-eligible subsidy. The amount of subsidy

provided to government by treating dual-eligible

Medicare/Medicaid patients. The amount of subsidy for

purposes of this item (5) is calculated by multiplying the

relevant hospital entity's unreimbursed costs for

Medicare, calculated in the same manner as determined in

the Schedule H of IRS Form 990 in effect on the effective

date of this amendatory Act of the 97th General Assembly,

by the relevant hospital entity's ratio of dual-eligible

patients to total Medicare patients.

(6) Relief of the burden of government related to

health care. Except to the extent otherwise taken into

account in this subsection, the portion of unreimbursed

costs of the relevant hospital entity attributable to

providing, paying for, or subsidizing goods, activities,

or services that relieve the burden of government related

to health care for low-income individuals. Such activities

or services shall include, but are not limited to,

providing emergency, trauma, burn, neonatal, psychiatric,

rehabilitation, or other special services; providing

medical education; and conducting medical research or

training of health care professionals. The portion of those

unreimbursed costs attributable to benefiting low-income

individuals shall be determined using the ratio calculated

by adding the relevant hospital entity's costs

attributable to charity care, Medicaid, other means-tested

government programs, Medicare patients with disabilities

disabled Medicare patients under age 65, and dual-eligible

Medicare/Medicaid patients and dividing that total by the

relevant hospital entity's total costs. Such costs for the

numerator and denominator shall be determined by

multiplying gross charges by the cost to charge ratio taken

from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I). In the case of

emergency services, the ratio shall be calculated using

costs (gross charges multiplied by the cost to charge ratio

taken from the hospital's most recently filed Medicare cost

report (CMS 2252-10 Worksheet, Part I)) of patients treated

in the relevant hospital entity's emergency department.

(7) Any other activity by the relevant hospital entity

that the Department determines relieves the burden of

government or addresses the health of low-income or

underserved individuals.

(d) The hospital applicant shall include information in its

exemption application establishing that it satisfies the

requirements of subsection (b). For purposes of making the

calculations required by subsection (b), the hospital

applicant may for each year elect to use either (1) the value

of the services or activities listed in subsection (e) for the

hospital year or (2) the average value of those services or

activities for the 3 fiscal years ending with the hospital

year. If the relevant hospital entity has been in operation for

less than 3 completed fiscal years, then the latter

calculation, if elected, shall be performed on a pro rata

basis.

(e) For purposes of making the calculations required by

this Section:

(1) particular services or activities eligible for

consideration under any of the paragraphs (1) through (7)

of subsection (c) may not be counted under more than one of

those paragraphs; and

(2) the amount of unreimbursed costs and the amount of

subsidy shall not be reduced by restricted or unrestricted

payments received by the relevant hospital entity as

contributions deductible under Section 170(a) of the

Internal Revenue Code.

(f) (Blank).

(g) Estimation of Exempt Property Tax Liability. The

estimated property tax liability used for the determination in

subsection (b) shall be calculated as follows:

(1) "Estimated property tax liability" means the

estimated dollar amount of property tax that would be owed,

with respect to the exempt portion of each of the relevant

hospital entity's properties that are already fully or

partially exempt, or for which an exemption in whole or in

part is currently being sought, and then aggregated as

applicable, as if the exempt portion of those properties

were subject to tax, calculated with respect to each such

property by multiplying:

(A) the lesser of (i) the actual assessed value, if

any, of the portion of the property for which an

exemption is sought or (ii) an estimated assessed value

of the exempt portion of such property as determined in

item (2) of this subsection (g), by

(B) the applicable State equalization rate

(yielding the equalized assessed value), by

(C) the applicable tax rate.

(2) The estimated assessed value of the exempt portion

of the property equals the sum of (i) the estimated fair

market value of buildings on the property, as determined in

accordance with subparagraphs (A) and (B) of this item (2),

multiplied by the applicable assessment factor, and (ii)

the estimated assessed value of the land portion of the

property, as determined in accordance with subparagraph

(C).

(A) The "estimated fair market value of buildings

on the property" means the replacement value of any

exempt portion of buildings on the property, minus

depreciation, determined utilizing the cost

replacement method whereby the exempt square footage

of all such buildings is multiplied by the replacement

cost per square foot for Class A Average building found

in the most recent edition of the Marshall & Swift

Valuation Services Manual, adjusted by any appropriate

current cost and local multipliers.

(B) Depreciation, for purposes of calculating the

estimated fair market value of buildings on the

property, is applied by utilizing a weighted mean life

for the buildings based on original construction and

assuming a 40-year life for hospital buildings and the

applicable life for other types of buildings as

specified in the American Hospital Association

publication "Estimated Useful Lives of Depreciable

Hospital Assets". In the case of hospital buildings,

the remaining life is divided by 40 and this ratio is

multiplied by the replacement cost of the buildings to

obtain an estimated fair market value of buildings. If

a hospital building is older than 35 years, a remaining

life of 5 years for residual value is assumed; and if a

building is less than 8 years old, a remaining life of

32 years is assumed.

(C) The estimated assessed value of the land

portion of the property shall be determined by

multiplying (i) the per square foot average of the

assessed values of three parcels of land (not including

farm land, and excluding the assessed value of the

improvements thereon) reasonably comparable to the

property, by (ii) the number of square feet comprising

the exempt portion of the property's land square

footage.

(3) The assessment factor, State equalization rate,

and tax rate (including any special factors such as

Enterprise Zones) used in calculating the estimated

property tax liability shall be for the most recent year

that is publicly available from the applicable chief county

assessment officer or officers at least 90 days before the

end of the hospital year.

(4) The method utilized to calculate estimated

property tax liability for purposes of this Section 15-86

shall not be utilized for the actual valuation, assessment,

or taxation of property pursuant to the Property Tax Code.

(h) For the purpose of this Section, the following terms

shall have the meanings set forth below:

(1) "Hospital" means any institution, place, building,

buildings on a campus, or other health care facility

located in Illinois that is licensed under the Hospital

Licensing Act and has a hospital owner.

(2) "Hospital owner" means a not-for-profit

corporation that is the titleholder of a hospital, or the

owner of the beneficial interest in an Illinois land trust

that is the titleholder of a hospital.

(3) "Hospital affiliate" means any corporation,

partnership, limited partnership, joint venture, limited

liability company, association or other organization,

other than a hospital owner, that directly or indirectly

controls, is controlled by, or is under common control with

one or more hospital owners and that supports, is supported

by, or acts in furtherance of the exempt health care

purposes of at least one of those hospital owners'

hospitals.

(4) "Hospital system" means a hospital and one or more

other hospitals or hospital affiliates related by common

control or ownership.

(5) "Control" relating to hospital owners, hospital

affiliates, or hospital systems means possession, direct

or indirect, of the power to direct or cause the direction

of the management and policies of the entity, whether

through ownership of assets, membership interest, other

voting or governance rights, by contract or otherwise.

(6) "Hospital applicant" means a hospital owner or

hospital affiliate that files an application for an

exemption or renewal of exemption under this Section.

(7) "Relevant hospital entity" means (A) the hospital

owner, in the case of a hospital applicant that is a

hospital owner, and (B) at the election of a hospital

applicant that is a hospital affiliate, either (i) the

hospital affiliate or (ii) the hospital system to which the

hospital applicant belongs, including any hospitals or

hospital affiliates that are related by common control or

ownership.

(8) "Subject property" means property used for the

calculation under subsection (b) of this Section.

(9) "Hospital year" means the fiscal year of the

relevant hospital entity, or the fiscal year of one of the

hospital owners in the hospital system if the relevant

hospital entity is a hospital system with members with

different fiscal years, that ends in the year for which the

exemption is sought.

(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)

(35 ILCS 120/2-10)

Sec. 2-10. Rate of tax. Unless otherwise provided in this

Section, the tax imposed by this Act is at the rate of 6.25% of

gross receipts from sales of tangible personal property made in

the course of business.

Beginning on July 1, 2000 and through December 31, 2000,

with respect to motor fuel, as defined in Section 1.1 of the

Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of

the Use Tax Act, the tax is imposed at the rate of 1.25%.

Beginning on August 6, 2010 through August 15, 2010, with

respect to sales tax holiday items as defined in Section 2-8 of

this Act, the tax is imposed at the rate of 1.25%.

Within 14 days after the effective date of this amendatory

Act of the 91st General Assembly, each retailer of motor fuel

and gasohol shall cause the following notice to be posted in a

prominently visible place on each retail dispensing device that

is used to dispense motor fuel or gasohol in the State of

Illinois: "As of July 1, 2000, the State of Illinois has

eliminated the State's share of sales tax on motor fuel and

gasohol through December 31, 2000. The price on this pump

should reflect the elimination of the tax." The notice shall be

printed in bold print on a sign that is no smaller than 4

inches by 8 inches. The sign shall be clearly visible to

customers. Any retailer who fails to post or maintain a

required sign through December 31, 2000 is guilty of a petty

offense for which the fine shall be $500 per day per each

retail premises where a violation occurs.

With respect to gasohol, as defined in the Use Tax Act, the

tax imposed by this Act applies to (i) 70% of the proceeds of

sales made on or after January 1, 1990, and before July 1,

2003, (ii) 80% of the proceeds of sales made on or after July

1, 2003 and on or before December 31, 2018, and (iii) 100% of

the proceeds of sales made thereafter. If, at any time,

however, the tax under this Act on sales of gasohol, as defined

in the Use Tax Act, is imposed at the rate of 1.25%, then the

tax imposed by this Act applies to 100% of the proceeds of

sales of gasohol made during that time.

With respect to majority blended ethanol fuel, as defined

in the Use Tax Act, the tax imposed by this Act does not apply

to the proceeds of sales made on or after July 1, 2003 and on or

before December 31, 2018 but applies to 100% of the proceeds of

sales made thereafter.

With respect to biodiesel blends, as defined in the Use Tax

Act, with no less than 1% and no more than 10% biodiesel, the

tax imposed by this Act applies to (i) 80% of the proceeds of

sales made on or after July 1, 2003 and on or before December

31, 2018 and (ii) 100% of the proceeds of sales made

thereafter. If, at any time, however, the tax under this Act on

sales of biodiesel blends, as defined in the Use Tax Act, with

no less than 1% and no more than 10% biodiesel is imposed at

the rate of 1.25%, then the tax imposed by this Act applies to

100% of the proceeds of sales of biodiesel blends with no less

than 1% and no more than 10% biodiesel made during that time.

With respect to 100% biodiesel, as defined in the Use Tax

Act, and biodiesel blends, as defined in the Use Tax Act, with

more than 10% but no more than 99% biodiesel, the tax imposed

by this Act does not apply to the proceeds of sales made on or

after July 1, 2003 and on or before December 31, 2018 but

applies to 100% of the proceeds of sales made thereafter.

With respect to food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, soft drinks, and food that has been

prepared for immediate consumption) and prescription and

nonprescription medicines, drugs, medical appliances,

modifications to a motor vehicle for the purpose of rendering

it usable by a person with a disability disabled person, and

insulin, urine testing materials, syringes, and needles used by

diabetics, for human use, the tax is imposed at the rate of 1%.

For the purposes of this Section, until September 1, 2009: the

term "soft drinks" means any complete, finished, ready-to-use,

non-alcoholic drink, whether carbonated or not, including but

not limited to soda water, cola, fruit juice, vegetable juice,

carbonated water, and all other preparations commonly known as

soft drinks of whatever kind or description that are contained

in any closed or sealed bottle, can, carton, or container,

regardless of size; but "soft drinks" does not include coffee,

tea, non-carbonated water, infant formula, milk or milk

products as defined in the Grade A Pasteurized Milk and Milk

Products Act, or drinks containing 50% or more natural fruit or

vegetable juice.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "soft drinks" means non-alcoholic

beverages that contain natural or artificial sweeteners. "Soft

drinks" do not include beverages that contain milk or milk

products, soy, rice or similar milk substitutes, or greater

than 50% of vegetable or fruit juice by volume.

Until August 1, 2009, and notwithstanding any other

provisions of this Act, "food for human consumption that is to

be consumed off the premises where it is sold" includes all

food sold through a vending machine, except soft drinks and

food products that are dispensed hot from a vending machine,

regardless of the location of the vending machine. Beginning

August 1, 2009, and notwithstanding any other provisions of

this Act, "food for human consumption that is to be consumed

off the premises where it is sold" includes all food sold

through a vending machine, except soft drinks, candy, and food

products that are dispensed hot from a vending machine,

regardless of the location of the vending machine.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "food for human consumption that

is to be consumed off the premises where it is sold" does not

include candy. For purposes of this Section, "candy" means a

preparation of sugar, honey, or other natural or artificial

sweeteners in combination with chocolate, fruits, nuts or other

ingredients or flavorings in the form of bars, drops, or

pieces. "Candy" does not include any preparation that contains

flour or requires refrigeration.

Notwithstanding any other provisions of this Act,

beginning September 1, 2009, "nonprescription medicines and

drugs" does not include grooming and hygiene products. For

purposes of this Section, "grooming and hygiene products"

includes, but is not limited to, soaps and cleaning solutions,

shampoo, toothpaste, mouthwash, antiperspirants, and sun tan

lotions and screens, unless those products are available by

prescription only, regardless of whether the products meet the

definition of "over-the-counter-drugs". For the purposes of

this paragraph, "over-the-counter-drug" means a drug for human

use that contains a label that identifies the product as a drug

as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"

label includes:

(A) A "Drug Facts" panel; or

(B) A statement of the "active ingredient(s)" with a

list of those ingredients contained in the compound,

substance or preparation.

Beginning on the effective date of this amendatory Act of

the 98th General Assembly, "prescription and nonprescription

medicines and drugs" includes medical cannabis purchased from a

registered dispensing organization under the Compassionate Use

of Medical Cannabis Pilot Program Act.

(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)

Section 325. The Property Tax Code is amended by changing

Sections 9-275, 15-10, 15-86, 15-165, 15-168, 15-169, 15-172,

15-175, 18-185, 20-15, and 21-27 as follows:

(35 ILCS 200/9-275)

Sec. 9-275. Erroneous homestead exemptions.

(a) For purposes of this Section:

"Erroneous homestead exemption" means a homestead

exemption that was granted for real property in a taxable year

if the property was not eligible for that exemption in that

taxable year. If the taxpayer receives an erroneous homestead

exemption under a single Section of this Code for the same

property in multiple years, that exemption is considered a

single erroneous homestead exemption for purposes of this

Section. However, if the taxpayer receives erroneous homestead

exemptions under multiple Sections of this Code for the same

property, or if the taxpayer receives erroneous homestead

exemptions under the same Section of this Code for multiple

properties, then each of those exemptions is considered a

separate erroneous homestead exemption for purposes of this

Section.

"Homestead exemption" means an exemption under Section

15-165 (veterans with disabilities disabled veterans), 15-167

(returning veterans), 15-168 (persons with disabilities

disabled persons), 15-169 (standard homestead for veterans

with disabilities disabled veterans standard homestead),

15-170 (senior citizens), 15-172 (senior citizens assessment

freeze), 15-175 (general homestead), 15-176 (alternative

general homestead), or 15-177 (long-time occupant).

"Erroneous exemption principal amount" means the total

difference between the property taxes actually billed to a

property index number and the amount of property taxes that

would have been billed but for the erroneous exemption or

exemptions.

"Taxpayer" means the property owner or leasehold owner that

erroneously received a homestead exemption upon property.

(b) Notwithstanding any other provision of law, in counties

with 3,000,000 or more inhabitants, the chief county assessment

officer shall include the following information with each

assessment notice sent in a general assessment year: (1) a list

of each homestead exemption available under Article 15 of this

Code and a description of the eligibility criteria for that

exemption; (2) a list of each homestead exemption applied to

the property in the current assessment year; (3) information

regarding penalties and interest that may be incurred under

this Section if the taxpayer received an erroneous homestead

exemption in a previous taxable year; and (4) notice of the

60-day grace period available under this subsection. If, within

60 days after receiving his or her assessment notice, the

taxpayer notifies the chief county assessment officer that he

or she received an erroneous homestead exemption in a previous

taxable year, and if the taxpayer pays the erroneous exemption

principal amount, plus interest as provided in subsection (f),

then the taxpayer shall not be liable for the penalties

provided in subsection (f) with respect to that exemption.

(c) In counties with 3,000,000 or more inhabitants, when

the chief county assessment officer determines that one or more

erroneous homestead exemptions was applied to the property, the

erroneous exemption principal amount, together with all

applicable interest and penalties as provided in subsections

(f) and (j), shall constitute a lien in the name of the People

of Cook County on the property receiving the erroneous

homestead exemption. Upon becoming aware of the existence of

one or more erroneous homestead exemptions, the chief county

assessment officer shall cause to be served, by both regular

mail and certified mail, a notice of discovery as set forth in

subsection (c-5). The chief county assessment officer in a

county with 3,000,000 or more inhabitants may cause a lien to

be recorded against property that (1) is located in the county

and (2) received one or more erroneous homestead exemptions if,

upon determination of the chief county assessment officer, the

taxpayer received: (A) one or 2 erroneous homestead exemptions

for real property, including at least one erroneous homestead

exemption granted for the property against which the lien is

sought, during any of the 3 collection years immediately prior

to the current collection year in which the notice of discovery

is served; or (B) 3 or more erroneous homestead exemptions for

real property, including at least one erroneous homestead

exemption granted for the property against which the lien is

sought, during any of the 6 collection years immediately prior

to the current collection year in which the notice of discovery

is served. Prior to recording the lien against the property,

the chief county assessment officer shall cause to be served,

by both regular mail and certified mail, return receipt

requested, on the person to whom the most recent tax bill was

mailed and the owner of record, a notice of intent to record a

lien against the property. The chief county assessment officer

shall cause the notice of intent to record a lien to be served

within 3 years from the date on which the notice of discovery

was served.

(c-5) The notice of discovery described in subsection (c)

shall: (1) identify, by property index number, the property for

which the chief county assessment officer has knowledge

indicating the existence of an erroneous homestead exemption;

(2) set forth the taxpayer's liability for principal, interest,

penalties, and administrative costs including, but not limited

to, recording fees described in subsection (f); (3) inform the

taxpayer that he or she will be served with a notice of intent

to record a lien within 3 years from the date of service of the

notice of discovery; and (4) inform the taxpayer that he or she

may pay the outstanding amount, plus interest, penalties, and

administrative costs at any time prior to being served with the

notice of intent to record a lien or within 30 days after the

notice of intent to record a lien is served.

(d) The notice of intent to record a lien described in

subsection (c) shall: (1) identify, by property index number,

the property against which the lien is being sought; (2)

identify each specific homestead exemption that was

erroneously granted and the year or years in which each

exemption was granted; (3) set forth the erroneous exemption

principal amount due and the interest amount and any penalty

and administrative costs due; (4) inform the taxpayer that he

or she may request a hearing within 30 days after service and

may appeal the hearing officer's ruling to the circuit court;

(5) inform the taxpayer that he or she may pay the erroneous

exemption principal amount, plus interest and penalties,

within 30 days after service; and (6) inform the taxpayer that,

if the lien is recorded against the property, the amount of the

lien will be adjusted to include the applicable recording fee

and that fees for recording a release of the lien shall be

incurred by the taxpayer. A lien shall not be filed pursuant to

this Section if the taxpayer pays the erroneous exemption

principal amount, plus penalties and interest, within 30 days

of service of the notice of intent to record a lien.

(e) The notice of intent to record a lien shall also

include a form that the taxpayer may return to the chief county

assessment officer to request a hearing. The taxpayer may

request a hearing by returning the form within 30 days after

service. The hearing shall be held within 90 days after the

taxpayer is served. The chief county assessment officer shall

promulgate rules of service and procedure for the hearing. The

chief county assessment officer must generally follow rules of

evidence and practices that prevail in the county circuit

courts, but, because of the nature of these proceedings, the

chief county assessment officer is not bound by those rules in

all particulars. The chief county assessment officer shall

appoint a hearing officer to oversee the hearing. The taxpayer

shall be allowed to present evidence to the hearing officer at

the hearing. After taking into consideration all the relevant

testimony and evidence, the hearing officer shall make an

administrative decision on whether the taxpayer was

erroneously granted a homestead exemption for the taxable year

in question. The taxpayer may appeal the hearing officer's

ruling to the circuit court of the county where the property is

located as a final administrative decision under the

Administrative Review Law.

(f) A lien against the property imposed under this Section

shall be filed with the county recorder of deeds, but may not

be filed sooner than 60 days after the notice of intent to

record a lien was delivered to the taxpayer if the taxpayer

does not request a hearing, or until the conclusion of the

hearing and all appeals if the taxpayer does request a hearing.

If a lien is filed pursuant to this Section and the taxpayer

received one or 2 erroneous homestead exemptions during any of

the 3 collection years immediately prior to the current

collection year in which the notice of discovery is served,

then the erroneous exemption principal amount, plus 10%

interest per annum or portion thereof from the date the

erroneous exemption principal amount would have become due if

properly included in the tax bill, shall be charged against the

property by the chief county assessment officer. However, if a

lien is filed pursuant to this Section and the taxpayer

received 3 or more erroneous homestead exemptions during any of

the 6 collection years immediately prior to the current

collection year in which the notice of discovery is served, the

erroneous exemption principal amount, plus a penalty of 50% of

the total amount of the erroneous exemption principal amount

for that property and 10% interest per annum or portion thereof

from the date the erroneous exemption principal amount would

have become due if properly included in the tax bill, shall be

charged against the property by the chief county assessment

officer. If a lien is filed pursuant to this Section, the

taxpayer shall not be liable for interest that accrues between

the date the notice of discovery is served and the date the

lien is filed. Before recording the lien with the county

recorder of deeds, the chief county assessment officer shall

adjust the amount of the lien to add administrative costs,

including but not limited to the applicable recording fee, to

the total lien amount.

(g) If a person received an erroneous homestead exemption

under Section 15-170 and: (1) the person was the spouse, child,

grandchild, brother, sister, niece, or nephew of the previous

taxpayer; and (2) the person received the property by bequest

or inheritance; then the person is not liable for the penalties

imposed under this Section for any year or years during which

the chief county assessment officer did not require an annual

application for the exemption. However, that person is

responsible for any interest owed under subsection (f).

(h) If the erroneous homestead exemption was granted as a

result of a clerical error or omission on the part of the chief

county assessment officer, and if the taxpayer has paid the tax

bills as received for the year in which the error occurred,

then the interest and penalties authorized by this Section with

respect to that homestead exemption shall not be chargeable to

the taxpayer. However, nothing in this Section shall prevent

the collection of the erroneous exemption principal amount due

and owing.

(i) A lien under this Section is not valid as to (1) any

bona fide purchaser for value without notice of the erroneous

homestead exemption whose rights in and to the underlying

parcel arose after the erroneous homestead exemption was

granted but before the filing of the notice of lien; or (2) any

mortgagee, judgment creditor, or other lienor whose rights in

and to the underlying parcel arose before the filing of the

notice of lien. A title insurance policy for the property that

is issued by a title company licensed to do business in the

State showing that the property is free and clear of any liens

imposed under this Section shall be prima facie evidence that

the taxpayer is without notice of the erroneous homestead

exemption. Nothing in this Section shall be deemed to impair

the rights of subsequent creditors and subsequent purchasers

under Section 30 of the Conveyances Act.

(j) When a lien is filed against the property pursuant to

this Section, the chief county assessment officer shall mail a

copy of the lien to the person to whom the most recent tax bill

was mailed and to the owner of record, and the outstanding

liability created by such a lien is due and payable within 30

days after the mailing of the lien by the chief county

assessment officer. This liability is deemed delinquent and

shall bear interest beginning on the day after the due date at

a rate of 1.5% per month or portion thereof. Payment shall be

made to the county treasurer. Upon receipt of the full amount

due, as determined by the chief county assessment officer, the

county treasurer shall distribute the amount paid as provided

in subsection (k). Upon presentment by the taxpayer to the

chief county assessment officer of proof of payment of the

total liability, the chief county assessment officer shall

provide in reasonable form a release of the lien. The release

of the lien provided shall clearly inform the taxpayer that it

is the responsibility of the taxpayer to record the lien

release form with the county recorder of deeds and to pay any

applicable recording fees.

(k) The county treasurer shall pay collected erroneous

exemption principal amounts, pro rata, to the taxing districts,

or their legal successors, that levied upon the subject

property in the taxable year or years for which the erroneous

homestead exemptions were granted, except as set forth in this

Section. The county treasurer shall deposit collected

penalties and interest into a special fund established by the

county treasurer to offset the costs of administration of the

provisions of this Section by the chief county assessment

officer's office, as appropriated by the county board. If the

costs of administration of this Section exceed the amount of

interest and penalties collected in the special fund, the chief

county assessor shall be reimbursed by each taxing district or

their legal successors for those costs. Such costs shall be

paid out of the funds collected by the county treasurer on

behalf of each taxing district pursuant to this Section.

(l) The chief county assessment officer in a county with

3,000,000 or more inhabitants shall establish an amnesty period

for all taxpayers owing any tax due to an erroneous homestead

exemption granted in a tax year prior to the 2013 tax year. The

amnesty period shall begin on the effective date of this

amendatory Act of the 98th General Assembly and shall run

through December 31, 2013. If, during the amnesty period, the

taxpayer pays the entire arrearage of taxes due for tax years

prior to 2013, the county clerk shall abate and not seek to

collect any interest or penalties that may be applicable and

shall not seek civil or criminal prosecution for any taxpayer

for tax years prior to 2013. Failure to pay all such taxes due

during the amnesty period established under this Section shall

invalidate the amnesty period for that taxpayer.

The chief county assessment officer in a county with

3,000,000 or more inhabitants shall (i) mail notice of the

amnesty period with the tax bills for the second installment of

taxes for the 2012 assessment year and (ii) as soon as possible

after the effective date of this amendatory Act of the 98th

General Assembly, publish notice of the amnesty period in a

newspaper of general circulation in the county. Notices shall

include information on the amnesty period, its purpose, and the

method by which to make payment.

Taxpayers who are a party to any criminal investigation or

to any civil or criminal litigation that is pending in any

circuit court or appellate court, or in the Supreme Court of

this State, for nonpayment, delinquency, or fraud in relation

to any property tax imposed by any taxing district located in

the State on the effective date of this amendatory Act of the

98th General Assembly may not take advantage of the amnesty

period.

A taxpayer who has claimed 3 or more homestead exemptions

in error shall not be eligible for the amnesty period

established under this subsection.

(Source: P.A. 98-93, eff. 7-16-13; 98-756, eff. 7-16-14;

98-811, eff. 1-1-15; 98-1143, eff. 1-1-15.)

(35 ILCS 200/15-10)

Sec. 15-10. Exempt property; procedures for certification.

(a) All property granted an exemption by the Department

pursuant to the requirements of Section 15-5 and described in

the Sections following Section 15-30 and preceding Section

16-5, to the extent therein limited, is exempt from taxation.

In order to maintain that exempt status, the titleholder or the

owner of the beneficial interest of any property that is exempt

must file with the chief county assessment officer, on or

before January 31 of each year (May 31 in the case of property

exempted by Section 15-170), an affidavit stating whether there

has been any change in the ownership or use of the property,

the status of the owner-resident, the satisfaction by a

relevant hospital entity of the condition for an exemption

under Section 15-86, or that a veteran with a disability

disabled veteran who qualifies under Section 15-165 owned and

used the property as of January 1 of that year. The nature of

any change shall be stated in the affidavit. Failure to file an

affidavit shall, in the discretion of the assessment officer,

constitute cause to terminate the exemption of that property,

notwithstanding any other provision of this Code. Owners of 5

or more such exempt parcels within a county may file a single

annual affidavit in lieu of an affidavit for each parcel. The

assessment officer, upon request, shall furnish an affidavit

form to the owners, in which the owner may state whether there

has been any change in the ownership or use of the property or

status of the owner or resident as of January 1 of that year.

The owner of 5 or more exempt parcels shall list all the

properties giving the same information for each parcel as

required of owners who file individual affidavits.

(b) However, titleholders or owners of the beneficial

interest in any property exempted under any of the following

provisions are not required to submit an annual filing under

this Section:

(1) Section 15-45 (burial grounds) in counties of less

than 3,000,000 inhabitants and owned by a not-for-profit

organization.

(2) Section 15-40.

(3) Section 15-50 (United States property).

(c) If there is a change in use or ownership, however,

notice must be filed pursuant to Section 15-20.

(d) An application for homestead exemptions shall be filed

as provided in Section 15-170 (senior citizens homestead

exemption), Section 15-172 (senior citizens assessment freeze

homestead exemption), and Sections 15-175 (general homestead

exemption), 15-176 (general alternative homestead exemption),

and 15-177 (long-time occupant homestead exemption),

respectively.

(e) For purposes of determining satisfaction of the

condition for an exemption under Section 15-86:

(1) The "year for which exemption is sought" is the

year prior to the year in which the affidavit is due.

(2) The "hospital year" is the fiscal year of the

relevant hospital entity, or the fiscal year of one of the

hospitals in the hospital system if the relevant hospital

entity is a hospital system with members with different

fiscal years, that ends in the year prior to the year in

which the affidavit is due. However, if that fiscal year

ends 3 months or less before the date on which the

affidavit is due, the relevant hospital entity shall file

an interim affidavit based on the currently available

information, and shall file a supplemental affidavit

within 90 days of date on which the application was due, if

the information in the relevant hospital entity's audited

financial statements changes the interim affidavit's

statement concerning the entity's compliance with the

calculation required by Section 15-86.

(3) The affidavit shall be accompanied by an exhibit

prepared by the relevant hospital entity showing (A) the

value of the relevant hospital entity's services and

activities, if any, under items (1) through (7) of

subsection (e) of Section 15-86, stated separately for each

item, and (B) the value relating to the relevant hospital

entity's estimated property tax liability under paragraphs

(A), (B), and (C) of item (1) of subsection (g) of Section

15-86; under paragraphs (A), (B), and (C) of item (2) of

subsection (g) of Section 15-86; and under item (3) of

subsection (g) of Section 15-86.

(Source: P.A. 97-688, eff. 6-14-12.)

(35 ILCS 200/15-86)

Sec. 15-86. Exemptions related to access to hospital and

health care services by low-income and underserved

individuals.

(a) The General Assembly finds:

(1) Despite the Supreme Court's decision in Provena

Covenant Medical Center v. Dept. of Revenue, 236 Ill.2d

368, there is considerable uncertainty surrounding the

test for charitable property tax exemption, especially

regarding the application of a quantitative or monetary

threshold. In Provena, the Department stated that the

primary basis for its decision was the hospital's

inadequate amount of charitable activity, but the

Department has not articulated what constitutes an

adequate amount of charitable activity. After Provena, the

Department denied property tax exemption applications of 3

more hospitals, and, on the effective date of this

amendatory Act of the 97th General Assembly, at least 20

other hospitals are awaiting rulings on applications for

property tax exemption.

(2) In Provena, two Illinois Supreme Court justices

opined that "setting a monetary or quantum standard is a

complex decision which should be left to our legislature,

should it so choose". The Appellate Court in Provena

stated: "The language we use in the State of Illinois to

determine whether real property is used for a charitable

purpose has its genesis in our 1870 Constitution. It is

obvious that such language may be difficult to apply to the

modern face of our nation's health care delivery systems".

The court noted the many significant changes in the health

care system since that time, but concluded that taking

these changes into account is a matter of public policy,

and "it is the legislature's job, not ours, to make public

policy".

(3) It is essential to ensure that tax exemption law

relating to hospitals accounts for the complexities of the

modern health care delivery system. Health care is moving

beyond the walls of the hospital. In addition to treating

individual patients, hospitals are assuming responsibility

for improving the health status of communities and

populations. Low-income and underserved communities

benefit disproportionately by these activities.

(4) The Supreme Court has explained that: "the

fundamental ground upon which all exemptions in favor of

charitable institutions are based is the benefit conferred

upon the public by them, and a consequent relief, to some

extent, of the burden upon the state to care for and

advance the interests of its citizens". Hospitals relieve

the burden of government in many ways, but most

significantly through their participation in and

substantial financial subsidization of the Illinois

Medicaid program, which could not operate without the

participation and partnership of Illinois hospitals.

(5) Working with the Illinois hospital community and

other interested parties, the General Assembly has

developed a comprehensive combination of related

legislation that addresses hospital property tax

exemption, significantly increases access to free health

care for indigent persons, and strengthens the Medical

Assistance program. It is the intent of the General

Assembly to establish a new category of ownership for

charitable property tax exemption to be applied to

not-for-profit hospitals and hospital affiliates in lieu

of the existing ownership category of "institutions of

public charity". It is also the intent of the General

Assembly to establish quantifiable standards for the

issuance of charitable exemptions for such property. It is

not the intent of the General Assembly to declare any

property exempt ipso facto, but rather to establish

criteria to be applied to the facts on a case-by-case

basis.

(b) For the purpose of this Section and Section 15-10, the

following terms shall have the meanings set forth below:

(1) "Hospital" means any institution, place, building,

buildings on a campus, or other health care facility

located in Illinois that is licensed under the Hospital

Licensing Act and has a hospital owner.

(2) "Hospital owner" means a not-for-profit

corporation that is the titleholder of a hospital, or the

owner of the beneficial interest in an Illinois land trust

that is the titleholder of a hospital.

(3) "Hospital affiliate" means any corporation,

partnership, limited partnership, joint venture, limited

liability company, association or other organization,

other than a hospital owner, that directly or indirectly

controls, is controlled by, or is under common control with

one or more hospital owners and that supports, is supported

by, or acts in furtherance of the exempt health care

purposes of at least one of those hospital owners'

hospitals.

(4) "Hospital system" means a hospital and one or more

other hospitals or hospital affiliates related by common

control or ownership.

(5) "Control" relating to hospital owners, hospital

affiliates, or hospital systems means possession, direct

or indirect, of the power to direct or cause the direction

of the management and policies of the entity, whether

through ownership of assets, membership interest, other

voting or governance rights, by contract or otherwise.

(6) "Hospital applicant" means a hospital owner or

hospital affiliate that files an application for a property

tax exemption pursuant to Section 15-5 and this Section.

(7) "Relevant hospital entity" means (A) the hospital

owner, in the case of a hospital applicant that is a

hospital owner, and (B) at the election of a hospital

applicant that is a hospital affiliate, either (i) the

hospital affiliate or (ii) the hospital system to which the

hospital applicant belongs, including any hospitals or

hospital affiliates that are related by common control or

ownership.

(8) "Subject property" means property for which a

hospital applicant files an application for an exemption

pursuant to Section 15-5 and this Section.

(9) "Hospital year" means the fiscal year of the

relevant hospital entity, or the fiscal year of one of the

hospital owners in the hospital system if the relevant

hospital entity is a hospital system with members with

different fiscal years, that ends in the year for which the

exemption is sought.

(c) A hospital applicant satisfies the conditions for an

exemption under this Section with respect to the subject

property, and shall be issued a charitable exemption for that

property, if the value of services or activities listed in

subsection (e) for the hospital year equals or exceeds the

relevant hospital entity's estimated property tax liability,

as determined under subsection (g), for the year for which

exemption is sought. For purposes of making the calculations

required by this subsection (c), if the relevant hospital

entity is a hospital owner that owns more than one hospital,

the value of the services or activities listed in subsection

(e) shall be calculated on the basis of only those services and

activities relating to the hospital that includes the subject

property, and the relevant hospital entity's estimated

property tax liability shall be calculated only with respect to

the properties comprising that hospital. In the case of a

multi-state hospital system or hospital affiliate, the value of

the services or activities listed in subsection (e) shall be

calculated on the basis of only those services and activities

that occur in Illinois and the relevant hospital entity's

estimated property tax liability shall be calculated only with

respect to its property located in Illinois.

Notwithstanding any other provisions of this Act, any

parcel or portion thereof, that is owned by a for-profit entity

whether part of the hospital system or not, or that is leased,

licensed or operated by a for-profit entity regardless of

whether healthcare services are provided on that parcel shall

not qualify for exemption. If a parcel has both exempt and

non-exempt uses, an exemption may be granted for the qualifying

portion of that parcel. In the case of parking lots and common

areas serving both exempt and non-exempt uses those parcels or

portions thereof may qualify for an exemption in proportion to

the amount of qualifying use.

(d) The hospital applicant shall include information in its

exemption application establishing that it satisfies the

requirements of subsection (c). For purposes of making the

calculations required by subsection (c), the hospital

applicant may for each year elect to use either (1) the value

of the services or activities listed in subsection (e) for the

hospital year or (2) the average value of those services or

activities for the 3 fiscal years ending with the hospital

year. If the relevant hospital entity has been in operation for

less than 3 completed fiscal years, then the latter

calculation, if elected, shall be performed on a pro rata

basis.

(e) Services that address the health care needs of

low-income or underserved individuals or relieve the burden of

government with regard to health care services. The following

services and activities shall be considered for purposes of

making the calculations required by subsection (c):

(1) Charity care. Free or discounted services provided

pursuant to the relevant hospital entity's financial

assistance policy, measured at cost, including discounts

provided under the Hospital Uninsured Patient Discount

Act.

(2) Health services to low-income and underserved

individuals. Other unreimbursed costs of the relevant

hospital entity for providing without charge, paying for,

or subsidizing goods, activities, or services for the

purpose of addressing the health of low-income or

underserved individuals. Those activities or services may

include, but are not limited to: financial or in-kind

support to affiliated or unaffiliated hospitals, hospital

affiliates, community clinics, or programs that treat

low-income or underserved individuals; paying for or

subsidizing health care professionals who care for

low-income or underserved individuals; providing or

subsidizing outreach or educational services to low-income

or underserved individuals for disease management and

prevention; free or subsidized goods, supplies, or

services needed by low-income or underserved individuals

because of their medical condition; and prenatal or

childbirth outreach to low-income or underserved persons.

(3) Subsidy of State or local governments. Direct or

indirect financial or in-kind subsidies of State or local

governments by the relevant hospital entity that pay for or

subsidize activities or programs related to health care for

low-income or underserved individuals.

(4) Support for State health care programs for

low-income individuals. At the election of the hospital

applicant for each applicable year, either (A) 10% of

payments to the relevant hospital entity and any hospital

affiliate designated by the relevant hospital entity

(provided that such hospital affiliate's operations

provide financial or operational support for or receive

financial or operational support from the relevant

hospital entity) under Medicaid or other means-tested

programs, including, but not limited to, General

Assistance, the Covering ALL KIDS Health Insurance Act, and

the State Children's Health Insurance Program or (B) the

amount of subsidy provided by the relevant hospital entity

and any hospital affiliate designated by the relevant

hospital entity (provided that such hospital affiliate's

operations provide financial or operational support for or

receive financial or operational support from the relevant

hospital entity) to State or local government in treating

Medicaid recipients and recipients of means-tested

programs, including but not limited to General Assistance,

the Covering ALL KIDS Health Insurance Act, and the State

Children's Health Insurance Program. The amount of subsidy

for purposes of this item (4) is calculated in the same

manner as unreimbursed costs are calculated for Medicaid

and other means-tested government programs in the Schedule

H of IRS Form 990 in effect on the effective date of this

amendatory Act of the 97th General Assembly; provided,

however, that in any event unreimbursed costs shall be net

of fee-for-services payments, payments pursuant to an

assessment, quarterly payments, and all other payments

included on the schedule H of the IRS form 990.

(5) Dual-eligible subsidy. The amount of subsidy

provided to government by treating dual-eligible

Medicare/Medicaid patients. The amount of subsidy for

purposes of this item (5) is calculated by multiplying the

relevant hospital entity's unreimbursed costs for

Medicare, calculated in the same manner as determined in

the Schedule H of IRS Form 990 in effect on the effective

date of this amendatory Act of the 97th General Assembly,

by the relevant hospital entity's ratio of dual-eligible

patients to total Medicare patients.

(6) Relief of the burden of government related to

health care of low-income individuals. Except to the extent

otherwise taken into account in this subsection, the

portion of unreimbursed costs of the relevant hospital

entity attributable to providing, paying for, or

subsidizing goods, activities, or services that relieve

the burden of government related to health care for

low-income individuals. Such activities or services shall

include, but are not limited to, providing emergency,

trauma, burn, neonatal, psychiatric, rehabilitation, or

other special services; providing medical education; and

conducting medical research or training of health care

professionals. The portion of those unreimbursed costs

attributable to benefiting low-income individuals shall be

determined using the ratio calculated by adding the

relevant hospital entity's costs attributable to charity

care, Medicaid, other means-tested government programs,

Medicare patients with disabilities disabled Medicare

patients under age 65, and dual-eligible Medicare/Medicaid

patients and dividing that total by the relevant hospital

entity's total costs. Such costs for the numerator and

denominator shall be determined by multiplying gross

charges by the cost to charge ratio taken from the

hospitals' most recently filed Medicare cost report (CMS

2252-10 Worksheet C, Part I). In the case of emergency

services, the ratio shall be calculated using costs (gross

charges multiplied by the cost to charge ratio taken from

the hospitals' most recently filed Medicare cost report

(CMS 2252-10 Worksheet C, Part I)) of patients treated in

the relevant hospital entity's emergency department.

(7) Any other activity by the relevant hospital entity

that the Department determines relieves the burden of

government or addresses the health of low-income or

underserved individuals.

(f) For purposes of making the calculations required by

subsections (c) and (e):

(1) particular services or activities eligible for

consideration under any of the paragraphs (1) through (7)

of subsection (e) may not be counted under more than one of

those paragraphs; and

(2) the amount of unreimbursed costs and the amount of

subsidy shall not be reduced by restricted or unrestricted

payments received by the relevant hospital entity as

contributions deductible under Section 170(a) of the

Internal Revenue Code.

(g) Estimation of Exempt Property Tax Liability. The

estimated property tax liability used for the determination in

subsection (c) shall be calculated as follows:

(1) "Estimated property tax liability" means the

estimated dollar amount of property tax that would be owed,

with respect to the exempt portion of each of the relevant

hospital entity's properties that are already fully or

partially exempt, or for which an exemption in whole or in

part is currently being sought, and then aggregated as

applicable, as if the exempt portion of those properties

were subject to tax, calculated with respect to each such

property by multiplying:

(A) the lesser of (i) the actual assessed value, if

any, of the portion of the property for which an

exemption is sought or (ii) an estimated assessed value

of the exempt portion of such property as determined in

item (2) of this subsection (g), by:

(B) the applicable State equalization rate

(yielding the equalized assessed value), by

(C) the applicable tax rate.

(2) The estimated assessed value of the exempt portion

of the property equals the sum of (i) the estimated fair

market value of buildings on the property, as determined in

accordance with subparagraphs (A) and (B) of this item (2),

multiplied by the applicable assessment factor, and (ii)

the estimated assessed value of the land portion of the

property, as determined in accordance with subparagraph

(C).

(A) The "estimated fair market value of buildings

on the property" means the replacement value of any

exempt portion of buildings on the property, minus

depreciation, determined utilizing the cost

replacement method whereby the exempt square footage

of all such buildings is multiplied by the replacement

cost per square foot for Class A Average building found

in the most recent edition of the Marshall & Swift

Valuation Services Manual, adjusted by any appropriate

current cost and local multipliers.

(B) Depreciation, for purposes of calculating the

estimated fair market value of buildings on the

property, is applied by utilizing a weighted mean life

for the buildings based on original construction and

assuming a 40-year life for hospital buildings and the

applicable life for other types of buildings as

specified in the American Hospital Association

publication "Estimated Useful Lives of Depreciable

Hospital Assets". In the case of hospital buildings,

the remaining life is divided by 40 and this ratio is

multiplied by the replacement cost of the buildings to

obtain an estimated fair market value of buildings. If

a hospital building is older than 35 years, a remaining

life of 5 years for residual value is assumed; and if a

building is less than 8 years old, a remaining life of

32 years is assumed.

(C) The estimated assessed value of the land

portion of the property shall be determined by

multiplying (i) the per square foot average of the

assessed values of three parcels of land (not including

farm land, and excluding the assessed value of the

improvements thereon) reasonably comparable to the

property, by (ii) the number of square feet comprising

the exempt portion of the property's land square

footage.

(3) The assessment factor, State equalization rate,

and tax rate (including any special factors such as

Enterprise Zones) used in calculating the estimated

property tax liability shall be for the most recent year

that is publicly available from the applicable chief county

assessment officer or officers at least 90 days before the

end of the hospital year.

(4) The method utilized to calculate estimated

property tax liability for purposes of this Section 15-86

shall not be utilized for the actual valuation, assessment,

or taxation of property pursuant to the Property Tax Code.

(h) Application. Each hospital applicant applying for a

property tax exemption pursuant to Section 15-5 and this

Section shall use an application form provided by the

Department. The application form shall specify the records

required in support of the application and those records shall

be submitted to the Department with the application form. Each

application or affidavit shall contain a verification by the

Chief Executive Officer of the hospital applicant under oath or

affirmation stating that each statement in the application or

affidavit and each document submitted with the application or

affidavit are true and correct. The records submitted with the

application pursuant to this Section shall include an exhibit

prepared by the relevant hospital entity showing (A) the value

of the relevant hospital entity's services and activities, if

any, under paragraphs (1) through (7) of subsection (e) of this

Section stated separately for each paragraph, and (B) the value

relating to the relevant hospital entity's estimated property

tax liability under subsections (g)(1)(A), (B), and (C),

subsections (g)(2)(A), (B), and (C), and subsection (g)(3) of

this Section stated separately for each item. Such exhibit will

be made available to the public by the chief county assessment

officer. Nothing in this Section shall be construed as limiting

the Attorney General's authority under the Illinois False

Claims Act.

(i) Nothing in this Section shall be construed to limit the

ability of otherwise eligible hospitals, hospital owners,

hospital affiliates, or hospital systems to obtain or maintain

property tax exemptions pursuant to a provision of the Property

Tax Code other than this Section.

(Source: P.A. 97-688, eff. 6-14-12.)

(35 ILCS 200/15-165)

Sec. 15-165. Veterans with disabilities Disabled veterans.

Property up to an assessed value of $100,000, owned and used

exclusively by a veteran with a disability disabled veteran, or

the spouse or unmarried surviving spouse of the veteran, as a

home, is exempt. As used in this Section, a "veteran with a

disability" disabled veteran means a person who has served in

the Armed Forces of the United States and whose disability is

of such a nature that the Federal Government has authorized

payment for purchase or construction of Specially Adapted

Housing as set forth in the United States Code, Title 38,

Chapter 21, Section 2101.

The exemption applies to housing where Federal funds have

been used to purchase or construct special adaptations to suit

the veteran's disability.

The exemption also applies to housing that is specially

adapted to suit the veteran's disability, and purchased

entirely or in part by the proceeds of a sale, casualty loss

reimbursement, or other transfer of a home for which the

Federal Government had previously authorized payment for

purchase or construction as Specially Adapted Housing.

However, the entire proceeds of the sale, casualty loss

reimbursement, or other transfer of that housing shall be

applied to the acquisition of subsequent specially adapted

housing to the extent that the proceeds equal the purchase

price of the subsequently acquired housing.

Beginning with the 2015 tax year, the exemption also

applies to housing that is specifically constructed or adapted

to suit a qualifying veteran's disability if the housing or

adaptations are donated by a charitable organization, the

veteran has been approved to receive funds for the purchase or

construction of Specially Adapted Housing under Title 38,

Chapter 21, Section 2101 of the United States Code, and the

home has been inspected and certified by a licensed home

inspector to be in compliance with applicable standards set

forth in U.S. Department of Veterans Affairs, Veterans Benefits

Administration Pamphlet 26-13 Handbook for Design of Specially

Adapted Housing.

For purposes of this Section, "charitable organization"

means any benevolent, philanthropic, patriotic, or

eleemosynary entity that solicits and collects funds for

charitable purposes and includes each local, county, or area

division of that charitable organization.

For purposes of this Section, "unmarried surviving spouse"

means the surviving spouse of the veteran at any time after the

death of the veteran during which such surviving spouse is not

married.

This exemption must be reestablished on an annual basis by

certification from the Illinois Department of Veterans'

Affairs to the Department, which shall forward a copy of the

certification to local assessing officials.

A taxpayer who claims an exemption under Section 15-168 or

15-169 may not claim an exemption under this Section.

(Source: P.A. 98-1145, eff. 12-30-14.)

(35 ILCS 200/15-168)

Sec. 15-168. Homestead exemption for persons with

disabilities Disabled persons' homestead exemption.

(a) Beginning with taxable year 2007, an annual homestead

exemption is granted to persons with disabilities disabled

persons in the amount of $2,000, except as provided in

subsection (c), to be deducted from the property's value as

equalized or assessed by the Department of Revenue. The person

with a disability disabled person shall receive the homestead

exemption upon meeting the following requirements:

(1) The property must be occupied as the primary

residence by the person with a disability disabled person.

(2) The person with a disability disabled person must

be liable for paying the real estate taxes on the property.

(3) The person with a disability disabled person must

be an owner of record of the property or have a legal or

equitable interest in the property as evidenced by a

written instrument. In the case of a leasehold interest in

property, the lease must be for a single family residence.

A person who has a disability is disabled during the

taxable year is eligible to apply for this homestead exemption

during that taxable year. Application must be made during the

application period in effect for the county of residence. If a

homestead exemption has been granted under this Section and the

person awarded the exemption subsequently becomes a resident of

a facility licensed under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

ID/DD Community Care Act, then the exemption shall continue (i)

so long as the residence continues to be occupied by the

qualifying person's spouse or (ii) if the residence remains

unoccupied but is still owned by the person qualified for the

homestead exemption.

(b) For the purposes of this Section, "person with a

disability disabled person" means a person unable to engage in

any substantial gainful activity by reason of a medically

determinable physical or mental impairment which can be

expected to result in death or has lasted or can be expected to

last for a continuous period of not less than 12 months.

Persons with disabilities Disabled persons filing claims under

this Act shall submit proof of disability in such form and

manner as the Department shall by rule and regulation

prescribe. Proof that a claimant is eligible to receive

disability benefits under the Federal Social Security Act shall

constitute proof of disability for purposes of this Act.

Issuance of an Illinois Person with a Disability Identification

Card stating that the claimant is under a Class 2 disability,

as defined in Section 4A of the Illinois Identification Card

Act, shall constitute proof that the person named thereon is a

person with a disability disabled person for purposes of this

Act. A person with a disability disabled person not covered

under the Federal Social Security Act and not presenting an

Illinois Person with a Disability Identification Card stating

that the claimant is under a Class 2 disability shall be

examined by a physician designated by the Department, and his

status as a person with a disability disabled person determined

using the same standards as used by the Social Security

Administration. The costs of any required examination shall be

borne by the claimant.

(c) For land improved with (i) an apartment building owned

and operated as a cooperative or (ii) a life care facility as

defined under Section 2 of the Life Care Facilities Act that is

considered to be a cooperative, the maximum reduction from the

value of the property, as equalized or assessed by the

Department, shall be multiplied by the number of apartments or

units occupied by a person with a disability disabled person.

The person with a disability disabled person shall receive the

homestead exemption upon meeting the following requirements:

(1) The property must be occupied as the primary

residence by the person with a disability disabled person.

(2) The person with a disability disabled person must

be liable by contract with the owner or owners of record

for paying the apportioned property taxes on the property

of the cooperative or life care facility. In the case of a

life care facility, the person with a disability disabled

person must be liable for paying the apportioned property

taxes under a life care contract as defined in Section 2 of

the Life Care Facilities Act.

(3) The person with a disability disabled person must

be an owner of record of a legal or equitable interest in

the cooperative apartment building. A leasehold interest

does not meet this requirement.

If a homestead exemption is granted under this subsection, the

cooperative association or management firm shall credit the

savings resulting from the exemption to the apportioned tax

liability of the qualifying person with a disability disabled

person. The chief county assessment officer may request

reasonable proof that the association or firm has properly

credited the exemption. A person who willfully refuses to

credit an exemption to the qualified person with a disability

disabled person is guilty of a Class B misdemeanor.

(d) The chief county assessment officer shall determine the

eligibility of property to receive the homestead exemption

according to guidelines established by the Department. After a

person has received an exemption under this Section, an annual

verification of eligibility for the exemption shall be mailed

to the taxpayer.

In counties with fewer than 3,000,000 inhabitants, the

chief county assessment officer shall provide to each person

granted a homestead exemption under this Section a form to

designate any other person to receive a duplicate of any notice

of delinquency in the payment of taxes assessed and levied

under this Code on the person's qualifying property. The

duplicate notice shall be in addition to the notice required to

be provided to the person receiving the exemption and shall be

given in the manner required by this Code. The person filing

the request for the duplicate notice shall pay an

administrative fee of $5 to the chief county assessment

officer. The assessment officer shall then file the executed

designation with the county collector, who shall issue the

duplicate notices as indicated by the designation. A

designation may be rescinded by the person with a disability

disabled person in the manner required by the chief county

assessment officer.

(e) A taxpayer who claims an exemption under Section 15-165

or 15-169 may not claim an exemption under this Section.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)

(35 ILCS 200/15-169)

Sec. 15-169. Homestead exemption for veterans with

disabilities Disabled veterans standard homestead exemption.

(a) Beginning with taxable year 2007, an annual homestead

exemption, limited to the amounts set forth in subsection (b),

is granted for property that is used as a qualified residence

by a veteran with a disability disabled veteran.

(b) The amount of the exemption under this Section is as

follows:

(1) for veterans with a service-connected disability

of at least (i) 75% for exemptions granted in taxable years

2007 through 2009 and (ii) 70% for exemptions granted in

taxable year 2010 and each taxable year thereafter, as

certified by the United States Department of Veterans

Affairs, the annual exemption is $5,000; and

(2) for veterans with a service-connected disability

of at least 50%, but less than (i) 75% for exemptions

granted in taxable years 2007 through 2009 and (ii) 70% for

exemptions granted in taxable year 2010 and each taxable

year thereafter, as certified by the United States

Department of Veterans Affairs, the annual exemption is

$2,500.

(b-5) If a homestead exemption is granted under this

Section and the person awarded the exemption subsequently

becomes a resident of a facility licensed under the Nursing

Home Care Act or a facility operated by the United States

Department of Veterans Affairs, then the exemption shall

continue (i) so long as the residence continues to be occupied

by the qualifying person's spouse or (ii) if the residence

remains unoccupied but is still owned by the person who

qualified for the homestead exemption.

(c) The tax exemption under this Section carries over to

the benefit of the veteran's surviving spouse as long as the

spouse holds the legal or beneficial title to the homestead,

permanently resides thereon, and does not remarry. If the

surviving spouse sells the property, an exemption not to exceed

the amount granted from the most recent ad valorem tax roll may

be transferred to his or her new residence as long as it is

used as his or her primary residence and he or she does not

remarry.

(c-1) Beginning with taxable year 2015, nothing in this

Section shall require the veteran to have qualified for or

obtained the exemption before death if the veteran was killed

in the line of duty.

(d) The exemption under this Section applies for taxable

year 2007 and thereafter. A taxpayer who claims an exemption

under Section 15-165 or 15-168 may not claim an exemption under

this Section.

(e) Each taxpayer who has been granted an exemption under

this Section must reapply on an annual basis. Application must

be made during the application period in effect for the county

of his or her residence. The assessor or chief county

assessment officer may determine the eligibility of

residential property to receive the homestead exemption

provided by this Section by application, visual inspection,

questionnaire, or other reasonable methods. The determination

must be made in accordance with guidelines established by the

Department.

(f) For the purposes of this Section:

"Qualified residence" means real property, but less any

portion of that property that is used for commercial purposes,

with an equalized assessed value of less than $250,000 that is

the primary residence of a veteran with a disability disabled

veteran's primary residence. Property rented for more than 6

months is presumed to be used for commercial purposes.

"Veteran" means an Illinois resident who has served as a

member of the United States Armed Forces on active duty or

State active duty, a member of the Illinois National Guard, or

a member of the United States Reserve Forces and who has

received an honorable discharge.

(Source: P.A. 97-333, eff. 8-12-11; 98-1145, eff. 12-30-14.)

(35 ILCS 200/15-172)

Sec. 15-172. Senior Citizens Assessment Freeze Homestead

Exemption.

(a) This Section may be cited as the Senior Citizens

Assessment Freeze Homestead Exemption.

(b) As used in this Section:

"Applicant" means an individual who has filed an

application under this Section.

"Base amount" means the base year equalized assessed value

of the residence plus the first year's equalized assessed value

of any added improvements which increased the assessed value of

the residence after the base year.

"Base year" means the taxable year prior to the taxable

year for which the applicant first qualifies and applies for

the exemption provided that in the prior taxable year the

property was improved with a permanent structure that was

occupied as a residence by the applicant who was liable for

paying real property taxes on the property and who was either

(i) an owner of record of the property or had legal or

equitable interest in the property as evidenced by a written

instrument or (ii) had a legal or equitable interest as a

lessee in the parcel of property that was single family

residence. If in any subsequent taxable year for which the

applicant applies and qualifies for the exemption the equalized

assessed value of the residence is less than the equalized

assessed value in the existing base year (provided that such

equalized assessed value is not based on an assessed value that

results from a temporary irregularity in the property that

reduces the assessed value for one or more taxable years), then

that subsequent taxable year shall become the base year until a

new base year is established under the terms of this paragraph.

For taxable year 1999 only, the Chief County Assessment Officer

shall review (i) all taxable years for which the applicant

applied and qualified for the exemption and (ii) the existing

base year. The assessment officer shall select as the new base

year the year with the lowest equalized assessed value. An

equalized assessed value that is based on an assessed value

that results from a temporary irregularity in the property that

reduces the assessed value for one or more taxable years shall

not be considered the lowest equalized assessed value. The

selected year shall be the base year for taxable year 1999 and

thereafter until a new base year is established under the terms

of this paragraph.

"Chief County Assessment Officer" means the County

Assessor or Supervisor of Assessments of the county in which

the property is located.

"Equalized assessed value" means the assessed value as

equalized by the Illinois Department of Revenue.

"Household" means the applicant, the spouse of the

applicant, and all persons using the residence of the applicant

as their principal place of residence.

"Household income" means the combined income of the members

of a household for the calendar year preceding the taxable

year.

"Income" has the same meaning as provided in Section 3.07

of the Senior Citizens and Persons with Disabilities Disabled

Persons Property Tax Relief Act, except that, beginning in

assessment year 2001, "income" does not include veteran's

benefits.

"Internal Revenue Code of 1986" means the United States

Internal Revenue Code of 1986 or any successor law or laws

relating to federal income taxes in effect for the year

preceding the taxable year.

"Life care facility that qualifies as a cooperative" means

a facility as defined in Section 2 of the Life Care Facilities

Act.

"Maximum income limitation" means:

(1) $35,000 prior to taxable year 1999;

(2) $40,000 in taxable years 1999 through 2003;

(3) $45,000 in taxable years 2004 through 2005;

(4) $50,000 in taxable years 2006 and 2007; and

(5) $55,000 in taxable year 2008 and thereafter.

"Residence" means the principal dwelling place and

appurtenant structures used for residential purposes in this

State occupied on January 1 of the taxable year by a household

and so much of the surrounding land, constituting the parcel

upon which the dwelling place is situated, as is used for

residential purposes. If the Chief County Assessment Officer

has established a specific legal description for a portion of

property constituting the residence, then that portion of

property shall be deemed the residence for the purposes of this

Section.

"Taxable year" means the calendar year during which ad

valorem property taxes payable in the next succeeding year are

levied.

(c) Beginning in taxable year 1994, a senior citizens

assessment freeze homestead exemption is granted for real

property that is improved with a permanent structure that is

occupied as a residence by an applicant who (i) is 65 years of

age or older during the taxable year, (ii) has a household

income that does not exceed the maximum income limitation,

(iii) is liable for paying real property taxes on the property,

and (iv) is an owner of record of the property or has a legal or

equitable interest in the property as evidenced by a written

instrument. This homestead exemption shall also apply to a

leasehold interest in a parcel of property improved with a

permanent structure that is a single family residence that is

occupied as a residence by a person who (i) is 65 years of age

or older during the taxable year, (ii) has a household income

that does not exceed the maximum income limitation, (iii) has a

legal or equitable ownership interest in the property as

lessee, and (iv) is liable for the payment of real property

taxes on that property.

In counties of 3,000,000 or more inhabitants, the amount of

the exemption for all taxable years is the equalized assessed

value of the residence in the taxable year for which

application is made minus the base amount. In all other

counties, the amount of the exemption is as follows: (i)

through taxable year 2005 and for taxable year 2007 and

thereafter, the amount of this exemption shall be the equalized

assessed value of the residence in the taxable year for which

application is made minus the base amount; and (ii) for taxable

year 2006, the amount of the exemption is as follows:

(1) For an applicant who has a household income of

$45,000 or less, the amount of the exemption is the

equalized assessed value of the residence in the taxable

year for which application is made minus the base amount.

(2) For an applicant who has a household income

exceeding $45,000 but not exceeding $46,250, the amount of

the exemption is (i) the equalized assessed value of the

residence in the taxable year for which application is made

minus the base amount (ii) multiplied by 0.8.

(3) For an applicant who has a household income

exceeding $46,250 but not exceeding $47,500, the amount of

the exemption is (i) the equalized assessed value of the

residence in the taxable year for which application is made

minus the base amount (ii) multiplied by 0.6.

(4) For an applicant who has a household income

exceeding $47,500 but not exceeding $48,750, the amount of

the exemption is (i) the equalized assessed value of the

residence in the taxable year for which application is made

minus the base amount (ii) multiplied by 0.4.

(5) For an applicant who has a household income

exceeding $48,750 but not exceeding $50,000, the amount of

the exemption is (i) the equalized assessed value of the

residence in the taxable year for which application is made

minus the base amount (ii) multiplied by 0.2.

When the applicant is a surviving spouse of an applicant

for a prior year for the same residence for which an exemption

under this Section has been granted, the base year and base

amount for that residence are the same as for the applicant for

the prior year.

Each year at the time the assessment books are certified to

the County Clerk, the Board of Review or Board of Appeals shall

give to the County Clerk a list of the assessed values of

improvements on each parcel qualifying for this exemption that

were added after the base year for this parcel and that

increased the assessed value of the property.

In the case of land improved with an apartment building

owned and operated as a cooperative or a building that is a

life care facility that qualifies as a cooperative, the maximum

reduction from the equalized assessed value of the property is

limited to the sum of the reductions calculated for each unit

occupied as a residence by a person or persons (i) 65 years of

age or older, (ii) with a household income that does not exceed

the maximum income limitation, (iii) who is liable, by contract

with the owner or owners of record, for paying real property

taxes on the property, and (iv) who is an owner of record of a

legal or equitable interest in the cooperative apartment

building, other than a leasehold interest. In the instance of a

cooperative where a homestead exemption has been granted under

this Section, the cooperative association or its management

firm shall credit the savings resulting from that exemption

only to the apportioned tax liability of the owner who

qualified for the exemption. Any person who willfully refuses

to credit that savings to an owner who qualifies for the

exemption is guilty of a Class B misdemeanor.

When a homestead exemption has been granted under this

Section and an applicant then becomes a resident of a facility

licensed under the Assisted Living and Shared Housing Act, the

Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, or the ID/DD Community Care Act,

the exemption shall be granted in subsequent years so long as

the residence (i) continues to be occupied by the qualified

applicant's spouse or (ii) if remaining unoccupied, is still

owned by the qualified applicant for the homestead exemption.

Beginning January 1, 1997, when an individual dies who

would have qualified for an exemption under this Section, and

the surviving spouse does not independently qualify for this

exemption because of age, the exemption under this Section

shall be granted to the surviving spouse for the taxable year

preceding and the taxable year of the death, provided that,

except for age, the surviving spouse meets all other

qualifications for the granting of this exemption for those

years.

When married persons maintain separate residences, the

exemption provided for in this Section may be claimed by only

one of such persons and for only one residence.

For taxable year 1994 only, in counties having less than

3,000,000 inhabitants, to receive the exemption, a person shall

submit an application by February 15, 1995 to the Chief County

Assessment Officer of the county in which the property is

located. In counties having 3,000,000 or more inhabitants, for

taxable year 1994 and all subsequent taxable years, to receive

the exemption, a person may submit an application to the Chief

County Assessment Officer of the county in which the property

is located during such period as may be specified by the Chief

County Assessment Officer. The Chief County Assessment Officer

in counties of 3,000,000 or more inhabitants shall annually

give notice of the application period by mail or by

publication. In counties having less than 3,000,000

inhabitants, beginning with taxable year 1995 and thereafter,

to receive the exemption, a person shall submit an application

by July 1 of each taxable year to the Chief County Assessment

Officer of the county in which the property is located. A

county may, by ordinance, establish a date for submission of

applications that is different than July 1. The applicant shall

submit with the application an affidavit of the applicant's

total household income, age, marital status (and if married the

name and address of the applicant's spouse, if known), and

principal dwelling place of members of the household on January

1 of the taxable year. The Department shall establish, by rule,

a method for verifying the accuracy of affidavits filed by

applicants under this Section, and the Chief County Assessment

Officer may conduct audits of any taxpayer claiming an

exemption under this Section to verify that the taxpayer is

eligible to receive the exemption. Each application shall

contain or be verified by a written declaration that it is made

under the penalties of perjury. A taxpayer's signing a

fraudulent application under this Act is perjury, as defined in

Section 32-2 of the Criminal Code of 2012. The applications

shall be clearly marked as applications for the Senior Citizens

Assessment Freeze Homestead Exemption and must contain a notice

that any taxpayer who receives the exemption is subject to an

audit by the Chief County Assessment Officer.

Notwithstanding any other provision to the contrary, in

counties having fewer than 3,000,000 inhabitants, if an

applicant fails to file the application required by this

Section in a timely manner and this failure to file is due to a

mental or physical condition sufficiently severe so as to

render the applicant incapable of filing the application in a

timely manner, the Chief County Assessment Officer may extend

the filing deadline for a period of 30 days after the applicant

regains the capability to file the application, but in no case

may the filing deadline be extended beyond 3 months of the

original filing deadline. In order to receive the extension

provided in this paragraph, the applicant shall provide the

Chief County Assessment Officer with a signed statement from

the applicant's physician stating the nature and extent of the

condition, that, in the physician's opinion, the condition was

so severe that it rendered the applicant incapable of filing

the application in a timely manner, and the date on which the

applicant regained the capability to file the application.

Beginning January 1, 1998, notwithstanding any other

provision to the contrary, in counties having fewer than

3,000,000 inhabitants, if an applicant fails to file the

application required by this Section in a timely manner and

this failure to file is due to a mental or physical condition

sufficiently severe so as to render the applicant incapable of

filing the application in a timely manner, the Chief County

Assessment Officer may extend the filing deadline for a period

of 3 months. In order to receive the extension provided in this

paragraph, the applicant shall provide the Chief County

Assessment Officer with a signed statement from the applicant's

physician stating the nature and extent of the condition, and

that, in the physician's opinion, the condition was so severe

that it rendered the applicant incapable of filing the

application in a timely manner.

In counties having less than 3,000,000 inhabitants, if an

applicant was denied an exemption in taxable year 1994 and the

denial occurred due to an error on the part of an assessment

official, or his or her agent or employee, then beginning in

taxable year 1997 the applicant's base year, for purposes of

determining the amount of the exemption, shall be 1993 rather

than 1994. In addition, in taxable year 1997, the applicant's

exemption shall also include an amount equal to (i) the amount

of any exemption denied to the applicant in taxable year 1995

as a result of using 1994, rather than 1993, as the base year,

(ii) the amount of any exemption denied to the applicant in

taxable year 1996 as a result of using 1994, rather than 1993,

as the base year, and (iii) the amount of the exemption

erroneously denied for taxable year 1994.

For purposes of this Section, a person who will be 65 years

of age during the current taxable year shall be eligible to

apply for the homestead exemption during that taxable year.

Application shall be made during the application period in

effect for the county of his or her residence.

The Chief County Assessment Officer may determine the

eligibility of a life care facility that qualifies as a

cooperative to receive the benefits provided by this Section by

use of an affidavit, application, visual inspection,

questionnaire, or other reasonable method in order to insure

that the tax savings resulting from the exemption are credited

by the management firm to the apportioned tax liability of each

qualifying resident. The Chief County Assessment Officer may

request reasonable proof that the management firm has so

credited that exemption.

Except as provided in this Section, all information

received by the chief county assessment officer or the

Department from applications filed under this Section, or from

any investigation conducted under the provisions of this

Section, shall be confidential, except for official purposes or

pursuant to official procedures for collection of any State or

local tax or enforcement of any civil or criminal penalty or

sanction imposed by this Act or by any statute or ordinance

imposing a State or local tax. Any person who divulges any such

information in any manner, except in accordance with a proper

judicial order, is guilty of a Class A misdemeanor.

Nothing contained in this Section shall prevent the

Director or chief county assessment officer from publishing or

making available reasonable statistics concerning the

operation of the exemption contained in this Section in which

the contents of claims are grouped into aggregates in such a

way that information contained in any individual claim shall

not be disclosed.

(d) Each Chief County Assessment Officer shall annually

publish a notice of availability of the exemption provided

under this Section. The notice shall be published at least 60

days but no more than 75 days prior to the date on which the

application must be submitted to the Chief County Assessment

Officer of the county in which the property is located. The

notice shall appear in a newspaper of general circulation in

the county.

Notwithstanding Sections 6 and 8 of the State Mandates Act,

no reimbursement by the State is required for the

implementation of any mandate created by this Section.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-689,

eff. 6-14-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;

98-104, eff. 7-22-13.)

(35 ILCS 200/15-175)

Sec. 15-175. General homestead exemption.

(a) Except as provided in Sections 15-176 and 15-177,

homestead property is entitled to an annual homestead exemption

limited, except as described here with relation to

cooperatives, to a reduction in the equalized assessed value of

homestead property equal to the increase in equalized assessed

value for the current assessment year above the equalized

assessed value of the property for 1977, up to the maximum

reduction set forth below. If however, the 1977 equalized

assessed value upon which taxes were paid is subsequently

determined by local assessing officials, the Property Tax

Appeal Board, or a court to have been excessive, the equalized

assessed value which should have been placed on the property

for 1977 shall be used to determine the amount of the

exemption.

(b) Except as provided in Section 15-176, the maximum

reduction before taxable year 2004 shall be $4,500 in counties

with 3,000,000 or more inhabitants and $3,500 in all other

counties. Except as provided in Sections 15-176 and 15-177, for

taxable years 2004 through 2007, the maximum reduction shall be

$5,000, for taxable year 2008, the maximum reduction is $5,500,

and, for taxable years 2009 through 2011, the maximum reduction

is $6,000 in all counties. For taxable years 2012 and

thereafter, the maximum reduction is $7,000 in counties with

3,000,000 or more inhabitants and $6,000 in all other counties.

If a county has elected to subject itself to the provisions of

Section 15-176 as provided in subsection (k) of that Section,

then, for the first taxable year only after the provisions of

Section 15-176 no longer apply, for owners who, for the taxable

year, have not been granted a senior citizens assessment freeze

homestead exemption under Section 15-172 or a long-time

occupant homestead exemption under Section 15-177, there shall

be an additional exemption of $5,000 for owners with a

household income of $30,000 or less.

(c) In counties with fewer than 3,000,000 inhabitants, if,

based on the most recent assessment, the equalized assessed

value of the homestead property for the current assessment year

is greater than the equalized assessed value of the property

for 1977, the owner of the property shall automatically receive

the exemption granted under this Section in an amount equal to

the increase over the 1977 assessment up to the maximum

reduction set forth in this Section.

(d) If in any assessment year beginning with the 2000

assessment year, homestead property has a pro-rata valuation

under Section 9-180 resulting in an increase in the assessed

valuation, a reduction in equalized assessed valuation equal to

the increase in equalized assessed value of the property for

the year of the pro-rata valuation above the equalized assessed

value of the property for 1977 shall be applied to the property

on a proportionate basis for the period the property qualified

as homestead property during the assessment year. The maximum

proportionate homestead exemption shall not exceed the maximum

homestead exemption allowed in the county under this Section

divided by 365 and multiplied by the number of days the

property qualified as homestead property.

(e) The chief county assessment officer may, when

considering whether to grant a leasehold exemption under this

Section, require the following conditions to be met:

(1) that a notarized application for the exemption,

signed by both the owner and the lessee of the property,

must be submitted each year during the application period

in effect for the county in which the property is located;

(2) that a copy of the lease must be filed with the

chief county assessment officer by the owner of the

property at the time the notarized application is

submitted;

(3) that the lease must expressly state that the lessee

is liable for the payment of property taxes; and

(4) that the lease must include the following language

in substantially the following form:

"Lessee shall be liable for the payment of real

estate taxes with respect to the residence in

accordance with the terms and conditions of Section

15-175 of the Property Tax Code (35 ILCS 200/15-175).

The permanent real estate index number for the premises

is (insert number), and, according to the most recent

property tax bill, the current amount of real estate

taxes associated with the premises is (insert amount)

per year. The parties agree that the monthly rent set

forth above shall be increased or decreased pro rata

(effective January 1 of each calendar year) to reflect

any increase or decrease in real estate taxes. Lessee

shall be deemed to be satisfying Lessee's liability for

the above mentioned real estate taxes with the monthly

rent payments as set forth above (or increased or

decreased as set forth herein).".

In addition, if there is a change in lessee, or if the

lessee vacates the property, then the chief county assessment

officer may require the owner of the property to notify the

chief county assessment officer of that change.

This subsection (e) does not apply to leasehold interests

in property owned by a municipality.

(f) "Homestead property" under this Section includes

residential property that is occupied by its owner or owners as

his or their principal dwelling place, or that is a leasehold

interest on which a single family residence is situated, which

is occupied as a residence by a person who has an ownership

interest therein, legal or equitable or as a lessee, and on

which the person is liable for the payment of property taxes.

For land improved with an apartment building owned and operated

as a cooperative or a building which is a life care facility as

defined in Section 15-170 and considered to be a cooperative

under Section 15-170, the maximum reduction from the equalized

assessed value shall be limited to the increase in the value

above the equalized assessed value of the property for 1977, up

to the maximum reduction set forth above, multiplied by the

number of apartments or units occupied by a person or persons

who is liable, by contract with the owner or owners of record,

for paying property taxes on the property and is an owner of

record of a legal or equitable interest in the cooperative

apartment building, other than a leasehold interest. For

purposes of this Section, the term "life care facility" has the

meaning stated in Section 15-170.

"Household", as used in this Section, means the owner, the

spouse of the owner, and all persons using the residence of the

owner as their principal place of residence.

"Household income", as used in this Section, means the

combined income of the members of a household for the calendar

year preceding the taxable year.

"Income", as used in this Section, has the same meaning as

provided in Section 3.07 of the Senior Citizens and Persons

with Disabilities Disabled Persons Property Tax Relief Act,

except that "income" does not include veteran's benefits.

(g) In a cooperative where a homestead exemption has been

granted, the cooperative association or its management firm

shall credit the savings resulting from that exemption only to

the apportioned tax liability of the owner who qualified for

the exemption. Any person who willfully refuses to so credit

the savings shall be guilty of a Class B misdemeanor.

(h) Where married persons maintain and reside in separate

residences qualifying as homestead property, each residence

shall receive 50% of the total reduction in equalized assessed

valuation provided by this Section.

(i) In all counties, the assessor or chief county

assessment officer may determine the eligibility of

residential property to receive the homestead exemption and the

amount of the exemption by application, visual inspection,

questionnaire or other reasonable methods. The determination

shall be made in accordance with guidelines established by the

Department, provided that the taxpayer applying for an

additional general exemption under this Section shall submit to

the chief county assessment officer an application with an

affidavit of the applicant's total household income, age,

marital status (and, if married, the name and address of the

applicant's spouse, if known), and principal dwelling place of

members of the household on January 1 of the taxable year. The

Department shall issue guidelines establishing a method for

verifying the accuracy of the affidavits filed by applicants

under this paragraph. The applications shall be clearly marked

as applications for the Additional General Homestead

Exemption.

(j) In counties with fewer than 3,000,000 inhabitants, in

the event of a sale of homestead property the homestead

exemption shall remain in effect for the remainder of the

assessment year of the sale. The assessor or chief county

assessment officer may require the new owner of the property to

apply for the homestead exemption for the following assessment

year.

(k) Notwithstanding Sections 6 and 8 of the State Mandates

Act, no reimbursement by the State is required for the

implementation of any mandate created by this Section.

(Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12;

98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)

(35 ILCS 200/18-185)

Sec. 18-185. Short title; definitions. This Division 5 may

be cited as the Property Tax Extension Limitation Law. As used

in this Division 5:

"Consumer Price Index" means the Consumer Price Index for

All Urban Consumers for all items published by the United

States Department of Labor.

"Extension limitation" means (a) the lesser of 5% or the

percentage increase in the Consumer Price Index during the

12-month calendar year preceding the levy year or (b) the rate

of increase approved by voters under Section 18-205.

"Affected county" means a county of 3,000,000 or more

inhabitants or a county contiguous to a county of 3,000,000 or

more inhabitants.

"Taxing district" has the same meaning provided in Section

1-150, except as otherwise provided in this Section. For the

1991 through 1994 levy years only, "taxing district" includes

only each non-home rule taxing district having the majority of

its 1990 equalized assessed value within any county or counties

contiguous to a county with 3,000,000 or more inhabitants.

Beginning with the 1995 levy year, "taxing district" includes

only each non-home rule taxing district subject to this Law

before the 1995 levy year and each non-home rule taxing

district not subject to this Law before the 1995 levy year

having the majority of its 1994 equalized assessed value in an

affected county or counties. Beginning with the levy year in

which this Law becomes applicable to a taxing district as

provided in Section 18-213, "taxing district" also includes

those taxing districts made subject to this Law as provided in

Section 18-213.

"Aggregate extension" for taxing districts to which this

Law applied before the 1995 levy year means the annual

corporate extension for the taxing district and those special

purpose extensions that are made annually for the taxing

district, excluding special purpose extensions: (a) made for

the taxing district to pay interest or principal on general

obligation bonds that were approved by referendum; (b) made for

any taxing district to pay interest or principal on general

obligation bonds issued before October 1, 1991; (c) made for

any taxing district to pay interest or principal on bonds

issued to refund or continue to refund those bonds issued

before October 1, 1991; (d) made for any taxing district to pay

interest or principal on bonds issued to refund or continue to

refund bonds issued after October 1, 1991 that were approved by

referendum; (e) made for any taxing district to pay interest or

principal on revenue bonds issued before October 1, 1991 for

payment of which a property tax levy or the full faith and

credit of the unit of local government is pledged; however, a

tax for the payment of interest or principal on those bonds

shall be made only after the governing body of the unit of

local government finds that all other sources for payment are

insufficient to make those payments; (f) made for payments

under a building commission lease when the lease payments are

for the retirement of bonds issued by the commission before

October 1, 1991, to pay for the building project; (g) made for

payments due under installment contracts entered into before

October 1, 1991; (h) made for payments of principal and

interest on bonds issued under the Metropolitan Water

Reclamation District Act to finance construction projects

initiated before October 1, 1991; (i) made for payments of

principal and interest on limited bonds, as defined in Section

3 of the Local Government Debt Reform Act, in an amount not to

exceed the debt service extension base less the amount in items

(b), (c), (e), and (h) of this definition for non-referendum

obligations, except obligations initially issued pursuant to

referendum; (j) made for payments of principal and interest on

bonds issued under Section 15 of the Local Government Debt

Reform Act; (k) made by a school district that participates in

the Special Education District of Lake County, created by

special education joint agreement under Section 10-22.31 of the

School Code, for payment of the school district's share of the

amounts required to be contributed by the Special Education

District of Lake County to the Illinois Municipal Retirement

Fund under Article 7 of the Illinois Pension Code; the amount

of any extension under this item (k) shall be certified by the

school district to the county clerk; (l) made to fund expenses

of providing joint recreational programs for persons with

disabilities the handicapped under Section 5-8 of the Park

District Code or Section 11-95-14 of the Illinois Municipal

Code; (m) made for temporary relocation loan repayment purposes

pursuant to Sections 2-3.77 and 17-2.2d of the School Code; (n)

made for payment of principal and interest on any bonds issued

under the authority of Section 17-2.2d of the School Code; (o)

made for contributions to a firefighter's pension fund created

under Article 4 of the Illinois Pension Code, to the extent of

the amount certified under item (5) of Section 4-134 of the

Illinois Pension Code; and (p) made for road purposes in the

first year after a township assumes the rights, powers, duties,

assets, property, liabilities, obligations, and

responsibilities of a road district abolished under the

provisions of Section 6-133 of the Illinois Highway Code.

"Aggregate extension" for the taxing districts to which

this Law did not apply before the 1995 levy year (except taxing

districts subject to this Law in accordance with Section

18-213) means the annual corporate extension for the taxing

district and those special purpose extensions that are made

annually for the taxing district, excluding special purpose

extensions: (a) made for the taxing district to pay interest or

principal on general obligation bonds that were approved by

referendum; (b) made for any taxing district to pay interest or

principal on general obligation bonds issued before March 1,

1995; (c) made for any taxing district to pay interest or

principal on bonds issued to refund or continue to refund those

bonds issued before March 1, 1995; (d) made for any taxing

district to pay interest or principal on bonds issued to refund

or continue to refund bonds issued after March 1, 1995 that

were approved by referendum; (e) made for any taxing district

to pay interest or principal on revenue bonds issued before

March 1, 1995 for payment of which a property tax levy or the

full faith and credit of the unit of local government is

pledged; however, a tax for the payment of interest or

principal on those bonds shall be made only after the governing

body of the unit of local government finds that all other

sources for payment are insufficient to make those payments;

(f) made for payments under a building commission lease when

the lease payments are for the retirement of bonds issued by

the commission before March 1, 1995 to pay for the building

project; (g) made for payments due under installment contracts

entered into before March 1, 1995; (h) made for payments of

principal and interest on bonds issued under the Metropolitan

Water Reclamation District Act to finance construction

projects initiated before October 1, 1991; (h-4) made for

stormwater management purposes by the Metropolitan Water

Reclamation District of Greater Chicago under Section 12 of the

Metropolitan Water Reclamation District Act; (i) made for

payments of principal and interest on limited bonds, as defined

in Section 3 of the Local Government Debt Reform Act, in an

amount not to exceed the debt service extension base less the

amount in items (b), (c), and (e) of this definition for

non-referendum obligations, except obligations initially

issued pursuant to referendum and bonds described in subsection

(h) of this definition; (j) made for payments of principal and

interest on bonds issued under Section 15 of the Local

Government Debt Reform Act; (k) made for payments of principal

and interest on bonds authorized by Public Act 88-503 and

issued under Section 20a of the Chicago Park District Act for

aquarium or museum projects; (l) made for payments of principal

and interest on bonds authorized by Public Act 87-1191 or

93-601 and (i) issued pursuant to Section 21.2 of the Cook

County Forest Preserve District Act, (ii) issued under Section

42 of the Cook County Forest Preserve District Act for

zoological park projects, or (iii) issued under Section 44.1 of

the Cook County Forest Preserve District Act for botanical

gardens projects; (m) made pursuant to Section 34-53.5 of the

School Code, whether levied annually or not; (n) made to fund

expenses of providing joint recreational programs for persons

with disabilities the handicapped under Section 5-8 of the Park

District Code or Section 11-95-14 of the Illinois Municipal

Code; (o) made by the Chicago Park District for recreational

programs for persons with disabilities the handicapped under

subsection (c) of Section 7.06 of the Chicago Park District

Act; (p) made for contributions to a firefighter's pension fund

created under Article 4 of the Illinois Pension Code, to the

extent of the amount certified under item (5) of Section 4-134

of the Illinois Pension Code; and (q) made by Ford Heights

School District 169 under Section 17-9.02 of the School Code.

"Aggregate extension" for all taxing districts to which

this Law applies in accordance with Section 18-213, except for

those taxing districts subject to paragraph (2) of subsection

(e) of Section 18-213, means the annual corporate extension for

the taxing district and those special purpose extensions that

are made annually for the taxing district, excluding special

purpose extensions: (a) made for the taxing district to pay

interest or principal on general obligation bonds that were

approved by referendum; (b) made for any taxing district to pay

interest or principal on general obligation bonds issued before

the date on which the referendum making this Law applicable to

the taxing district is held; (c) made for any taxing district

to pay interest or principal on bonds issued to refund or

continue to refund those bonds issued before the date on which

the referendum making this Law applicable to the taxing

district is held; (d) made for any taxing district to pay

interest or principal on bonds issued to refund or continue to

refund bonds issued after the date on which the referendum

making this Law applicable to the taxing district is held if

the bonds were approved by referendum after the date on which

the referendum making this Law applicable to the taxing

district is held; (e) made for any taxing district to pay

interest or principal on revenue bonds issued before the date

on which the referendum making this Law applicable to the

taxing district is held for payment of which a property tax

levy or the full faith and credit of the unit of local

government is pledged; however, a tax for the payment of

interest or principal on those bonds shall be made only after

the governing body of the unit of local government finds that

all other sources for payment are insufficient to make those

payments; (f) made for payments under a building commission

lease when the lease payments are for the retirement of bonds

issued by the commission before the date on which the

referendum making this Law applicable to the taxing district is

held to pay for the building project; (g) made for payments due

under installment contracts entered into before the date on

which the referendum making this Law applicable to the taxing

district is held; (h) made for payments of principal and

interest on limited bonds, as defined in Section 3 of the Local

Government Debt Reform Act, in an amount not to exceed the debt

service extension base less the amount in items (b), (c), and

(e) of this definition for non-referendum obligations, except

obligations initially issued pursuant to referendum; (i) made

for payments of principal and interest on bonds issued under

Section 15 of the Local Government Debt Reform Act; (j) made

for a qualified airport authority to pay interest or principal

on general obligation bonds issued for the purpose of paying

obligations due under, or financing airport facilities

required to be acquired, constructed, installed or equipped

pursuant to, contracts entered into before March 1, 1996 (but

not including any amendments to such a contract taking effect

on or after that date); (k) made to fund expenses of providing

joint recreational programs for persons with disabilities the

handicapped under Section 5-8 of the Park District Code or

Section 11-95-14 of the Illinois Municipal Code; (l) made for

contributions to a firefighter's pension fund created under

Article 4 of the Illinois Pension Code, to the extent of the

amount certified under item (5) of Section 4-134 of the

Illinois Pension Code; and (m) made for the taxing district to

pay interest or principal on general obligation bonds issued

pursuant to Section 19-3.10 of the School Code.

"Aggregate extension" for all taxing districts to which

this Law applies in accordance with paragraph (2) of subsection

(e) of Section 18-213 means the annual corporate extension for

the taxing district and those special purpose extensions that

are made annually for the taxing district, excluding special

purpose extensions: (a) made for the taxing district to pay

interest or principal on general obligation bonds that were

approved by referendum; (b) made for any taxing district to pay

interest or principal on general obligation bonds issued before

the effective date of this amendatory Act of 1997; (c) made for

any taxing district to pay interest or principal on bonds

issued to refund or continue to refund those bonds issued

before the effective date of this amendatory Act of 1997; (d)

made for any taxing district to pay interest or principal on

bonds issued to refund or continue to refund bonds issued after

the effective date of this amendatory Act of 1997 if the bonds

were approved by referendum after the effective date of this

amendatory Act of 1997; (e) made for any taxing district to pay

interest or principal on revenue bonds issued before the

effective date of this amendatory Act of 1997 for payment of

which a property tax levy or the full faith and credit of the

unit of local government is pledged; however, a tax for the

payment of interest or principal on those bonds shall be made

only after the governing body of the unit of local government

finds that all other sources for payment are insufficient to

make those payments; (f) made for payments under a building

commission lease when the lease payments are for the retirement

of bonds issued by the commission before the effective date of

this amendatory Act of 1997 to pay for the building project;

(g) made for payments due under installment contracts entered

into before the effective date of this amendatory Act of 1997;

(h) made for payments of principal and interest on limited

bonds, as defined in Section 3 of the Local Government Debt

Reform Act, in an amount not to exceed the debt service

extension base less the amount in items (b), (c), and (e) of

this definition for non-referendum obligations, except

obligations initially issued pursuant to referendum; (i) made

for payments of principal and interest on bonds issued under

Section 15 of the Local Government Debt Reform Act; (j) made

for a qualified airport authority to pay interest or principal

on general obligation bonds issued for the purpose of paying

obligations due under, or financing airport facilities

required to be acquired, constructed, installed or equipped

pursuant to, contracts entered into before March 1, 1996 (but

not including any amendments to such a contract taking effect

on or after that date); (k) made to fund expenses of providing

joint recreational programs for persons with disabilities the

handicapped under Section 5-8 of the Park District Code or

Section 11-95-14 of the Illinois Municipal Code; and (l) made

for contributions to a firefighter's pension fund created under

Article 4 of the Illinois Pension Code, to the extent of the

amount certified under item (5) of Section 4-134 of the

Illinois Pension Code.

"Debt service extension base" means an amount equal to that

portion of the extension for a taxing district for the 1994

levy year, or for those taxing districts subject to this Law in

accordance with Section 18-213, except for those subject to

paragraph (2) of subsection (e) of Section 18-213, for the levy

year in which the referendum making this Law applicable to the

taxing district is held, or for those taxing districts subject

to this Law in accordance with paragraph (2) of subsection (e)

of Section 18-213 for the 1996 levy year, constituting an

extension for payment of principal and interest on bonds issued

by the taxing district without referendum, but not including

excluded non-referendum bonds. For park districts (i) that were

first subject to this Law in 1991 or 1995 and (ii) whose

extension for the 1994 levy year for the payment of principal

and interest on bonds issued by the park district without

referendum (but not including excluded non-referendum bonds)

was less than 51% of the amount for the 1991 levy year

constituting an extension for payment of principal and interest

on bonds issued by the park district without referendum (but

not including excluded non-referendum bonds), "debt service

extension base" means an amount equal to that portion of the

extension for the 1991 levy year constituting an extension for

payment of principal and interest on bonds issued by the park

district without referendum (but not including excluded

non-referendum bonds). A debt service extension base

established or increased at any time pursuant to any provision

of this Law, except Section 18-212, shall be increased each

year commencing with the later of (i) the 2009 levy year or

(ii) the first levy year in which this Law becomes applicable

to the taxing district, by the lesser of 5% or the percentage

increase in the Consumer Price Index during the 12-month

calendar year preceding the levy year. The debt service

extension base may be established or increased as provided

under Section 18-212. "Excluded non-referendum bonds" means

(i) bonds authorized by Public Act 88-503 and issued under

Section 20a of the Chicago Park District Act for aquarium and

museum projects; (ii) bonds issued under Section 15 of the

Local Government Debt Reform Act; or (iii) refunding

obligations issued to refund or to continue to refund

obligations initially issued pursuant to referendum.

"Special purpose extensions" include, but are not limited

to, extensions for levies made on an annual basis for

unemployment and workers' compensation, self-insurance,

contributions to pension plans, and extensions made pursuant to

Section 6-601 of the Illinois Highway Code for a road

district's permanent road fund whether levied annually or not.

The extension for a special service area is not included in the

aggregate extension.

"Aggregate extension base" means the taxing district's

last preceding aggregate extension as adjusted under Sections

18-135, 18-215, and 18-230. An adjustment under Section 18-135

shall be made for the 2007 levy year and all subsequent levy

years whenever one or more counties within which a taxing

district is located (i) used estimated valuations or rates when

extending taxes in the taxing district for the last preceding

levy year that resulted in the over or under extension of

taxes, or (ii) increased or decreased the tax extension for the

last preceding levy year as required by Section 18-135(c).

Whenever an adjustment is required under Section 18-135, the

aggregate extension base of the taxing district shall be equal

to the amount that the aggregate extension of the taxing

district would have been for the last preceding levy year if

either or both (i) actual, rather than estimated, valuations or

rates had been used to calculate the extension of taxes for the

last levy year, or (ii) the tax extension for the last

preceding levy year had not been adjusted as required by

subsection (c) of Section 18-135.

Notwithstanding any other provision of law, for levy year

2012, the aggregate extension base for West Northfield School

District No. 31 in Cook County shall be $12,654,592.

"Levy year" has the same meaning as "year" under Section

1-155.

"New property" means (i) the assessed value, after final

board of review or board of appeals action, of new improvements

or additions to existing improvements on any parcel of real

property that increase the assessed value of that real property

during the levy year multiplied by the equalization factor

issued by the Department under Section 17-30, (ii) the assessed

value, after final board of review or board of appeals action,

of real property not exempt from real estate taxation, which

real property was exempt from real estate taxation for any

portion of the immediately preceding levy year, multiplied by

the equalization factor issued by the Department under Section

17-30, including the assessed value, upon final stabilization

of occupancy after new construction is complete, of any real

property located within the boundaries of an otherwise or

previously exempt military reservation that is intended for

residential use and owned by or leased to a private corporation

or other entity, (iii) in counties that classify in accordance

with Section 4 of Article IX of the Illinois Constitution, an

incentive property's additional assessed value resulting from

a scheduled increase in the level of assessment as applied to

the first year final board of review market value, and (iv) any

increase in assessed value due to oil or gas production from an

oil or gas well required to be permitted under the Hydraulic

Fracturing Regulatory Act that was not produced in or accounted

for during the previous levy year. In addition, the county

clerk in a county containing a population of 3,000,000 or more

shall include in the 1997 recovered tax increment value for any

school district, any recovered tax increment value that was

applicable to the 1995 tax year calculations.

"Qualified airport authority" means an airport authority

organized under the Airport Authorities Act and located in a

county bordering on the State of Wisconsin and having a

population in excess of 200,000 and not greater than 500,000.

"Recovered tax increment value" means, except as otherwise

provided in this paragraph, the amount of the current year's

equalized assessed value, in the first year after a

municipality terminates the designation of an area as a

redevelopment project area previously established under the

Tax Increment Allocation Development Act in the Illinois

Municipal Code, previously established under the Industrial

Jobs Recovery Law in the Illinois Municipal Code, previously

established under the Economic Development Project Area Tax

Increment Act of 1995, or previously established under the

Economic Development Area Tax Increment Allocation Act, of each

taxable lot, block, tract, or parcel of real property in the

redevelopment project area over and above the initial equalized

assessed value of each property in the redevelopment project

area. For the taxes which are extended for the 1997 levy year,

the recovered tax increment value for a non-home rule taxing

district that first became subject to this Law for the 1995

levy year because a majority of its 1994 equalized assessed

value was in an affected county or counties shall be increased

if a municipality terminated the designation of an area in 1993

as a redevelopment project area previously established under

the Tax Increment Allocation Development Act in the Illinois

Municipal Code, previously established under the Industrial

Jobs Recovery Law in the Illinois Municipal Code, or previously

established under the Economic Development Area Tax Increment

Allocation Act, by an amount equal to the 1994 equalized

assessed value of each taxable lot, block, tract, or parcel of

real property in the redevelopment project area over and above

the initial equalized assessed value of each property in the

redevelopment project area. In the first year after a

municipality removes a taxable lot, block, tract, or parcel of

real property from a redevelopment project area established

under the Tax Increment Allocation Development Act in the

Illinois Municipal Code, the Industrial Jobs Recovery Law in

the Illinois Municipal Code, or the Economic Development Area

Tax Increment Allocation Act, "recovered tax increment value"

means the amount of the current year's equalized assessed value

of each taxable lot, block, tract, or parcel of real property

removed from the redevelopment project area over and above the

initial equalized assessed value of that real property before

removal from the redevelopment project area.

Except as otherwise provided in this Section, "limiting

rate" means a fraction the numerator of which is the last

preceding aggregate extension base times an amount equal to one

plus the extension limitation defined in this Section and the

denominator of which is the current year's equalized assessed

value of all real property in the territory under the

jurisdiction of the taxing district during the prior levy year.

For those taxing districts that reduced their aggregate

extension for the last preceding levy year, the highest

aggregate extension in any of the last 3 preceding levy years

shall be used for the purpose of computing the limiting rate.

The denominator shall not include new property or the recovered

tax increment value. If a new rate, a rate decrease, or a

limiting rate increase has been approved at an election held

after March 21, 2006, then (i) the otherwise applicable

limiting rate shall be increased by the amount of the new rate

or shall be reduced by the amount of the rate decrease, as the

case may be, or (ii) in the case of a limiting rate increase,

the limiting rate shall be equal to the rate set forth in the

proposition approved by the voters for each of the years

specified in the proposition, after which the limiting rate of

the taxing district shall be calculated as otherwise provided.

In the case of a taxing district that obtained referendum

approval for an increased limiting rate on March 20, 2012, the

limiting rate for tax year 2012 shall be the rate that

generates the approximate total amount of taxes extendable for

that tax year, as set forth in the proposition approved by the

voters; this rate shall be the final rate applied by the county

clerk for the aggregate of all capped funds of the district for

tax year 2012.

(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,

eff. 3-29-13; 98-23, eff. 6-17-13.)

(35 ILCS 200/20-15)

Sec. 20-15. Information on bill or separate statement.

There shall be printed on each bill, or on a separate slip

which shall be mailed with the bill:

(a) a statement itemizing the rate at which taxes have

been extended for each of the taxing districts in the

county in whose district the property is located, and in

those counties utilizing electronic data processing

equipment the dollar amount of tax due from the person

assessed allocable to each of those taxing districts,

including a separate statement of the dollar amount of tax

due which is allocable to a tax levied under the Illinois

Local Library Act or to any other tax levied by a

municipality or township for public library purposes,

(b) a separate statement for each of the taxing

districts of the dollar amount of tax due which is

allocable to a tax levied under the Illinois Pension Code

or to any other tax levied by a municipality or township

for public pension or retirement purposes,

(c) the total tax rate,

(d) the total amount of tax due, and

(e) the amount by which the total tax and the tax

allocable to each taxing district differs from the

taxpayer's last prior tax bill.

The county treasurer shall ensure that only those taxing

districts in which a parcel of property is located shall be

listed on the bill for that property.

In all counties the statement shall also provide:

(1) the property index number or other suitable

description,

(2) the assessment of the property,

(3) the statutory amount of each homestead exemption

applied to the property,

(4) the assessed value of the property after

application of all homestead exemptions,

(5) the equalization factors imposed by the county and

by the Department, and

(6) the equalized assessment resulting from the

application of the equalization factors to the basic

assessment.

In all counties which do not classify property for purposes

of taxation, for property on which a single family residence is

situated the statement shall also include a statement to

reflect the fair cash value determined for the property. In all

counties which classify property for purposes of taxation in

accordance with Section 4 of Article IX of the Illinois

Constitution, for parcels of residential property in the lowest

assessment classification the statement shall also include a

statement to reflect the fair cash value determined for the

property.

In all counties, the statement must include information

that certain taxpayers may be eligible for tax exemptions,

abatements, and other assistance programs and that, for more

information, taxpayers should consult with the office of their

township or county assessor and with the Illinois Department of

Revenue.

In all counties, the statement shall include information

that certain taxpayers may be eligible for the Senior Citizens

and Persons with Disabilities Disabled Persons Property Tax

Relief Act and that applications are available from the

Illinois Department on Aging.

In counties which use the estimated or accelerated billing

methods, these statements shall only be provided with the final

installment of taxes due. The provisions of this Section create

a mandatory statutory duty. They are not merely directory or

discretionary. The failure or neglect of the collector to mail

the bill, or the failure of the taxpayer to receive the bill,

shall not affect the validity of any tax, or the liability for

the payment of any tax.

(Source: P.A. 97-689, eff. 6-14-12; 98-93, eff. 7-16-13.)

(35 ILCS 200/21-27)

Sec. 21-27. Waiver of interest penalty.

(a) On the recommendation of the county treasurer, the

county board may adopt a resolution under which an interest

penalty for the delinquent payment of taxes for any year that

otherwise would be imposed under Section 21-15, 21-20, or 21-25

shall be waived in the case of any person who meets all of the

following criteria:

(1) The person is determined eligible for a grant under

the Senior Citizens and Persons with Disabilities Disabled

Persons Property Tax Relief Act with respect to the taxes

for that year.

(2) The person requests, in writing, on a form approved

by the county treasurer, a waiver of the interest penalty,

and the request is filed with the county treasurer on or

before the first day of the month that an installment of

taxes is due.

(3) The person pays the installment of taxes due, in

full, on or before the third day of the month that the

installment is due.

(4) The county treasurer approves the request for a

waiver.

(b) With respect to property that qualifies as a brownfield

site under Section 58.2 of the Environmental Protection Act,

the county board, upon the recommendation of the county

treasurer, may adopt a resolution to waive an interest penalty

for the delinquent payment of taxes for any year that otherwise

would be imposed under Section 21-15, 21-20, or 21-25 if all of

the following criteria are met:

(1) the property has delinquent taxes and an

outstanding interest penalty and the amount of that

interest penalty is so large as to, possibly, result in all

of the taxes becoming uncollectible;

(2) the property is part of a redevelopment plan of a

unit of local government and that unit of local government

does not oppose the waiver of the interest penalty;

(3) the redevelopment of the property will benefit the

public interest by remediating the brownfield

contamination;

(4) the taxpayer delivers to the county treasurer (i) a

written request for a waiver of the interest penalty, on a

form approved by the county treasurer, and (ii) a copy of

the redevelopment plan for the property;

(5) the taxpayer pays, in full, the amount of up to the

amount of the first 2 installments of taxes due, to be held

in escrow pending the approval of the waiver, and enters

into an agreement with the county treasurer setting forth a

schedule for the payment of any remaining taxes due; and

(6) the county treasurer approves the request for a

waiver.

(Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)

Section 330. The Illinois Estate and Generation-Skipping

Transfer Tax Act is amended by changing Section 12 as follows:

(35 ILCS 405/12) (from Ch. 120, par. 405A-12)

Sec. 12. Parent as natural guardian for purposes of

Sections 2032A and 2057 of the Internal Revenue Code. A parent,

without being appointed guardian of the person or guardian of

the estate, or a guardian of the estate, or, if no guardian of

the estate has been appointed, a guardian of the person, of any

minor or person with a disability disabled person whose

interest is not adverse to the minor or person with a

disability disabled person, may make any election and sign,

without court approval, any agreement on behalf of the minor or

person with a disability disabled person under (i) Section

2032A of the Internal Revenue Code for the valuation of

property under that Section or (ii) Section 2057 of the

Internal Revenue Code relating to deduction of the value of

certain property under that Section. Any election so made, and

any agreement so signed, shall have the same legal force and

effect as if the election had been made and the agreement had

been signed by the minor or person with a disability disabled

person and the minor or person with a disability disabled

person had been legally competent.

This amendatory Act of the 91st General Assembly applies to

elections and agreements made on or after January 1, 1998 in

reliance on or pursuant to Section 2057 of the Internal Revenue

Code, and those elections and agreements made before the

effective date of this amendatory Act are hereby validated.

(Source: P.A. 91-349, eff. 7-29-99.)

Section 335. The Mobile Home Local Services Tax Act is

amended by changing Sections 7 and 7.5 as follows:

(35 ILCS 515/7) (from Ch. 120, par. 1207)

Sec. 7. The local services tax for owners of mobile homes

who (a) are actually residing in such mobile homes, (b) hold

title to such mobile home as provided in the Illinois Vehicle

Code, and (c) are 65 years of age or older or are persons with

disabilities disabled persons within the meaning of Section

3.14 of the Senior Citizens and Persons with Disabilities

Disabled Persons Property Tax Relief Act on the annual billing

date shall be reduced to 80 percent of the tax provided for in

Section 3 of this Act. Proof that a claimant has been issued an

Illinois Person with a Disability Identification Card stating

that the claimant is under a Class 2 disability, as provided in

Section 4A of the Illinois Identification Card Act, shall

constitute proof that the person thereon named is a person with

a disability disabled person within the meaning of this Act. An

application for reduction of the tax shall be filed with the

county clerk by the individuals who are entitled to the

reduction. If the application is filed after May 1, the

reduction in tax shall begin with the next annual bill.

Application for the reduction in tax shall be done by

submitting proof that the applicant has been issued an Illinois

Person with a Disability Identification Card designating the

applicant's disability as a Class 2 disability, or by affidavit

in substantially the following form:

APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX

I hereby make application for a reduction to 80% of the

total tax imposed under "An Act to provide for a local services

tax on mobile homes".

(1) Senior Citizens

(a) I actually reside in the mobile home ....

(b) I hold title to the mobile home as provided in the

Illinois Vehicle Code ....

(c) I reached the age of 65 on or before either January 1

(or July 1) of the year in which this statement is filed. My

date of birth is: ...

(2) Persons with Disabilities Disabled Persons

(a) I actually reside in the mobile home...

(b) I hold title to the mobile home as provided in the

Illinois Vehicle Code ....

(c) I became a person with a total disability was totally

disabled on ... and have remained a person with a disability

disabled until the date of this application. My Social

Security, Veterans, Railroad or Civil Service Total Disability

Claim Number is ... The undersigned declares under the penalty

of perjury that the above statements are true and correct.

Dated (insert date).

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

Signature of owner

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

(Address)

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

(City) (State) (Zip)

Approved by:

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

(Assessor)

This application shall be accompanied by a copy of the

applicant's most recent application filed with the Illinois

Department on Aging under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act.

(Source: P.A. 97-689, eff. 6-14-12; 97-1064, eff. 1-1-13;

98-463, eff. 8-16-13.)

(35 ILCS 515/7.5)

Sec. 7.5. Exemption for veterans with disabilities

disabled veterans.

(a) Beginning on January 1, 2004, a mobile home owned and

used exclusively by a veteran with a disability disabled

veteran or the spouse or unmarried surviving spouse of the

veteran as a home, is exempt from the tax imposed under this

Act.

Beginning with the 2015 tax year, the exemption also

applies to housing that is specifically constructed or adapted

to suit a qualifying veteran's disability if the housing or

adaptations are donated by a charitable organization, the

veteran has been approved to receive funds for the purchase or

construction of Specially Adapted Housing under Title 38,

Chapter 21, Section 2101 of the United States Code, and the

home has been inspected and certified by a licensed home

inspector to be in compliance with applicable standards set

forth in U.S. Department of Veterans Affairs, Veterans Benefits

Administration Pamphlet 26-13 Handbook for Design of Specially

Adapted Housing.

(b) As used in this Section:

"Veteran with a disability Disabled veteran" means a person

who has served in the armed forces of the United States and

whose disability is of such a nature that the federal

government has authorized payment for purchase or construction

of specially adapted housing as set forth in the United States

Code, Title 38, Chapter 21, Section 2101.

For purposes of this Section, "charitable organization"

means any benevolent, philanthropic, patriotic, or

eleemosynary entity that solicits and collects funds for

charitable purposes and includes each local, county, or area

division of that charitable organization.

"Unmarried surviving spouse" means the surviving spouse of

the veteran at any time after the death of the veteran during

which the surviving spouse is not married.

(c) Eligibility for this exemption must be reestablished on

an annual basis by certification from the Illinois Department

of Veterans' Affairs to the county clerk of the county in which

the exempt mobile home is located. The county clerk shall

forward a copy of the certification to local assessing

officials.

(Source: P.A. 98-1145, eff. 12-30-14.)

Section 340. The Community Self-Revitalization Act is

amended by changing Section 15 as follows:

(50 ILCS 350/15)

Sec. 15. Certification; Board of Economic Advisors.

(a) In order to receive the assistance as provided in this

Act, a community shall first, by ordinance passed by its

corporate authorities, request that the Department certify

that it is an economically distressed community. The community

must submit a certified copy of the ordinance to the

Department. After review of the ordinance, if the Department

determines that the community meets the requirements for

certification, the Department may certify the community as an

economically distressed community.

(b) A community that is certified by the Department as an

economically distressed community may appoint a Board of

Economic Advisors to create and implement a revitalization plan

for the community. The Board shall consist of 18 members of the

community, appointed by the mayor or the presiding officer of

the county or jointly by the presiding officers of each

municipality and county that have joined to form a community

for the purposes of this Act. Up to 18 Board members may be

appointed from the following vital sectors:

(1) A member representing households and families.

(2) A member representing religious organizations.

(3) A member representing educational institutions.

(4) A member representing daycare centers, care

centers for persons with disabilities the handicapped, and

care centers for the disadvantaged.

(5) A member representing community based

organizations such as neighborhood improvement

associations.

(6) A member representing federal and State employment

service systems, skill training centers, and placement

referrals.

(7) A member representing Masonic organizations,

fraternities, sororities, and social clubs.

(8) A member representing hospitals, nursing homes,

senior citizens, public health agencies, and funeral

homes.

(9) A member representing organized sports, parks,

parties, and games of chance.

(10) A member representing political parties, clubs,

and affiliations, and election related matters concerning

voter education and participation.

(11) A member representing the cultural aspects of the

community, including cultural events, lifestyles,

languages, music, visual and performing arts, and

literature.

(12) A member representing police and fire protection

agencies, prisons, weapons systems, and the military

industrial complex.

(13) A member representing local businesses.

(14) A member representing the retail industry.

(15) A member representing the service industry.

(16) A member representing the industrial, production,

and manufacturing sectors.

(17) A member representing the advertising and

marketing industry.

(18) A member representing the technology services

industry.

The Board shall meet initially within 30 days of its

appointment, shall select one member as chairperson at its

initial meeting, and shall thereafter meet at the call of the

chairperson. Members of the Board shall serve without

compensation.

(c) One third of the initial appointees shall serve for 2

years, one third shall serve for 3 years, and one third shall

serve for 4 years, as determined by lot. Subsequent appointees

shall serve terms of 5 years.

(d) The Board shall create a 3-year to 5-year

revitalization plan for the community. The plan shall contain

distinct, measurable objectives for revitalization. The

objectives shall be used to guide ongoing implementation of the

plan and to measure progress during the 3-year to 5-year

period. The Board shall work in a dynamic manner defining goals

for the community based on the strengths and weaknesses of the

individual sectors of the community as presented by each member

of the Board. The Board shall meet periodically and revise the

plan in light of the input from each member of the Board

concerning his or her respective sector of expertise. The

process shall be a community driven revitalization process,

with community-specific data determining the direction and

scope of the revitalization.

(Source: P.A. 95-557, eff. 8-30-07.)

Section 345. The Innovation Development and Economy Act is

amended by changing Section 31 as follows:

(50 ILCS 470/31)

Sec. 31. STAR bond occupation taxes.

(a) If the corporate authorities of a political subdivision

have established a STAR bond district and have elected to

impose a tax by ordinance pursuant to subsection (b) or (c) of

this Section, each year after the date of the adoption of the

ordinance and until all STAR bond project costs and all

political subdivision obligations financing the STAR bond

project costs, if any, have been paid in accordance with the

STAR bond project plans, but in no event longer than the

maximum maturity date of the last of the STAR bonds issued for

projects in the STAR bond district, all amounts generated by

the retailers' occupation tax and service occupation tax shall

be collected and the tax shall be enforced by the Department of

Revenue in the same manner as all retailers' occupation taxes

and service occupation taxes imposed in the political

subdivision imposing the tax. The corporate authorities of the

political subdivision shall deposit the proceeds of the taxes

imposed under subsections (b) and (c) into either (i) a special

fund held by the corporate authorities of the political

subdivision called the STAR Bonds Tax Allocation Fund for the

purpose of paying STAR bond project costs and obligations

incurred in the payment of those costs if such taxes are

designated as pledged STAR revenues by resolution or ordinance

of the political subdivision or (ii) the political

subdivision's general corporate fund if such taxes are not

designated as pledged STAR revenues by resolution or ordinance.

The tax imposed under this Section by a municipality may be

imposed only on the portion of a STAR bond district that is

within the boundaries of the municipality. For any part of a

STAR bond district that lies outside of the boundaries of that

municipality, the municipality in which the other part of the

STAR bond district lies (or the county, in cases where a

portion of the STAR bond district lies in the unincorporated

area of a county) is authorized to impose the tax under this

Section on that part of the STAR bond district.

(b) The corporate authorities of a political subdivision

that has established a STAR bond district under this Act may,

by ordinance or resolution, impose a STAR Bond Retailers'

Occupation Tax upon all persons engaged in the business of

selling tangible personal property, other than an item of

tangible personal property titled or registered with an agency

of this State's government, at retail in the STAR bond district

at a rate not to exceed 1% of the gross receipts from the sales

made in the course of that business, to be imposed only in

0.25% increments. The tax may not be imposed on food for human

consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, soft drinks, and food

that has been prepared for immediate consumption),

prescription and nonprescription medicines, drugs, medical

appliances, modifications to a motor vehicle for the purpose of

rendering it usable by a person with a disability disabled

person, and insulin, urine testing materials, syringes, and

needles used by diabetics, for human use.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the Department of Revenue. The

certificate of registration that is issued by the Department to

a retailer under the Retailers' Occupation Tax Act shall permit

the retailer to engage in a business that is taxable under any

ordinance or resolution enacted pursuant to this subsection

without registering separately with the Department under such

ordinance or resolution or under this subsection. The

Department of Revenue shall have full power to administer and

enforce this subsection, to collect all taxes and penalties due

under this subsection in the manner hereinafter provided, and

to determine all rights to credit memoranda arising on account

of the erroneous payment of tax or penalty under this

subsection. In the administration of, and compliance with, this

subsection, the Department and persons who are subject to this

subsection shall have the same rights, remedies, privileges,

immunities, powers, and duties, and be subject to the same

conditions, restrictions, limitations, penalties, exclusions,

exemptions, and definitions of terms and employ the same modes

of procedure, as are prescribed in Sections 1, 1a through 1o, 2

through 2-65 (in respect to all provisions therein other than

the State rate of tax), 2c through 2h, 3 (except as to the

disposition of taxes and penalties collected), 4, 5, 5a, 5b,

5c, 5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10,

11, 12, 13, and 14 of the Retailers' Occupation Tax Act and all

provisions of the Uniform Penalty and Interest Act, as fully as

if those provisions were set forth herein.

If a tax is imposed under this subsection (b), a tax shall

also be imposed under subsection (c) of this Section.

(c) If a tax has been imposed under subsection (b), a STAR

Bond Service Occupation Tax shall also be imposed upon all

persons engaged, in the STAR bond district, in the business of

making sales of service, who, as an incident to making those

sales of service, transfer tangible personal property within

the STAR bond district, either in the form of tangible personal

property or in the form of real estate as an incident to a sale

of service. The tax shall be imposed at the same rate as the

tax imposed in subsection (b) and shall not exceed 1% of the

selling price of tangible personal property so transferred

within the STAR bond district, to be imposed only in 0.25%

increments. The tax may not be imposed on food for human

consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, soft drinks, and food

that has been prepared for immediate consumption),

prescription and nonprescription medicines, drugs, medical

appliances, modifications to a motor vehicle for the purpose of

rendering it usable by a person with a disability disabled

person, and insulin, urine testing materials, syringes, and

needles used by diabetics, for human use.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the Department of Revenue. The

certificate of registration that is issued by the Department to

a retailer under the Retailers' Occupation Tax Act or under the

Service Occupation Tax Act shall permit the registrant to

engage in a business that is taxable under any ordinance or

resolution enacted pursuant to this subsection without

registering separately with the Department under that

ordinance or resolution or under this subsection. The

Department of Revenue shall have full power to administer and

enforce this subsection, to collect all taxes and penalties due

under this subsection, to dispose of taxes and penalties so

collected in the manner hereinafter provided, and to determine

all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty under this subsection. In

the administration of, and compliance with this subsection, the

Department and persons who are subject to this subsection shall

have the same rights, remedies, privileges, immunities,

powers, and duties, and be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions,

and definitions of terms and employ the same modes of procedure

as are prescribed in Sections 2, 2a through 2d, 3 through 3-50

(in respect to all provisions therein other than the State rate

of tax), 4 (except that the reference to the State shall be to

the STAR bond district), 5, 7, 8 (except that the jurisdiction

to which the tax shall be a debt to the extent indicated in

that Section 8 shall be the political subdivision), 9 (except

as to the disposition of taxes and penalties collected, and

except that the returned merchandise credit for this tax may

not be taken against any State tax), 10, 11, 12 (except the

reference therein to Section 2b of the Retailers' Occupation

Tax Act), 13 (except that any reference to the State shall mean

the political subdivision), the first paragraph of Section 15,

and Sections 16, 17, 18, 19 and 20 of the Service Occupation

Tax Act and all provisions of the Uniform Penalty and Interest

Act, as fully as if those provisions were set forth herein.

If a tax is imposed under this subsection (c), a tax shall

also be imposed under subsection (b) of this Section.

(d) Persons subject to any tax imposed under this Section

may reimburse themselves for their seller's tax liability under

this Section by separately stating the tax as an additional

charge, which charge may be stated in combination, in a single

amount, with State taxes that sellers are required to collect

under the Use Tax Act, in accordance with such bracket

schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this Section to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the STAR Bond Retailers' Occupation Tax Fund.

The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes, penalties, and

interest collected under this Section for deposit into the STAR

Bond Retailers' Occupation Tax Fund. On or before the 25th day

of each calendar month, the Department shall prepare and

certify to the Comptroller the disbursement of stated sums of

money to named political subdivisions from the STAR Bond

Retailers' Occupation Tax Fund, the political subdivisions to

be those from which retailers have paid taxes or penalties

under this Section to the Department during the second

preceding calendar month. The amount to be paid to each

political subdivision shall be the amount (not including credit

memoranda) collected under this Section during the second

preceding calendar month by the Department plus an amount the

Department determines is necessary to offset any amounts that

were erroneously paid to a different taxing body, and not

including an amount equal to the amount of refunds made during

the second preceding calendar month by the Department, less 3%

of that amount, which shall be deposited into the Tax

Compliance and Administration Fund and shall be used by the

Department, subject to appropriation, to cover the costs of the

Department in administering and enforcing the provisions of

this Section, on behalf of such political subdivision, and not

including any amount that the Department determines is

necessary to offset any amounts that were payable to a

different taxing body but were erroneously paid to the

political subdivision. Within 10 days after receipt by the

Comptroller of the disbursement certification to the political

subdivisions provided for in this Section to be given to the

Comptroller by the Department, the Comptroller shall cause the

orders to be drawn for the respective amounts in accordance

with the directions contained in the certification. The

proceeds of the tax paid to political subdivisions under this

Section shall be deposited into either (i) the STAR Bonds Tax

Allocation Fund by the political subdivision if the political

subdivision has designated them as pledged STAR revenues by

resolution or ordinance or (ii) the political subdivision's

general corporate fund if the political subdivision has not

designated them as pledged STAR revenues.

An ordinance or resolution imposing or discontinuing the

tax under this Section or effecting a change in the rate

thereof shall either (i) be adopted and a certified copy

thereof filed with the Department on or before the first day of

April, whereupon the Department, if all other requirements of

this Section are met, shall proceed to administer and enforce

this Section as of the first day of July next following the

adoption and filing; or (ii) be adopted and a certified copy

thereof filed with the Department on or before the first day of

October, whereupon, if all other requirements of this Section

are met, the Department shall proceed to administer and enforce

this Section as of the first day of January next following the

adoption and filing.

The Department of Revenue shall not administer or enforce

an ordinance imposing, discontinuing, or changing the rate of

the tax under this Section until the political subdivision also

provides, in the manner prescribed by the Department, the

boundaries of the STAR bond district and each address in the

STAR bond district in such a way that the Department can

determine by its address whether a business is located in the

STAR bond district. The political subdivision must provide this

boundary and address information to the Department on or before

April 1 for administration and enforcement of the tax under

this Section by the Department beginning on the following July

1 and on or before October 1 for administration and enforcement

of the tax under this Section by the Department beginning on

the following January 1. The Department of Revenue shall not

administer or enforce any change made to the boundaries of a

STAR bond district or any address change, addition, or deletion

until the political subdivision reports the boundary change or

address change, addition, or deletion to the Department in the

manner prescribed by the Department. The political subdivision

must provide this boundary change or address change, addition,

or deletion information to the Department on or before April 1

for administration and enforcement by the Department of the

change, addition, or deletion beginning on the following July 1

and on or before October 1 for administration and enforcement

by the Department of the change, addition, or deletion

beginning on the following January 1. The retailers in the STAR

bond district shall be responsible for charging the tax imposed

under this Section. If a retailer is incorrectly included or

excluded from the list of those required to collect the tax

under this Section, both the Department of Revenue and the

retailer shall be held harmless if they reasonably relied on

information provided by the political subdivision.

A political subdivision that imposes the tax under this

Section must submit to the Department of Revenue any other

information as the Department may require that is necessary for

the administration and enforcement of the tax.

When certifying the amount of a monthly disbursement to a

political subdivision under this Section, the Department shall

increase or decrease the amount by an amount necessary to

offset any misallocation of previous disbursements. The offset

amount shall be the amount erroneously disbursed within the

previous 6 months from the time a misallocation is discovered.

Nothing in this Section shall be construed to authorize the

political subdivision to impose a tax upon the privilege of

engaging in any business which under the Constitution of the

United States may not be made the subject of taxation by this

State.

(e) When STAR bond project costs, including, without

limitation, all political subdivision obligations financing

STAR bond project costs, have been paid, any surplus funds then

remaining in the STAR Bonds Tax Allocation Fund shall be

distributed to the treasurer of the political subdivision for

deposit into the political subdivision's general corporate

fund. Upon payment of all STAR bond project costs and

retirement of obligations, but in no event later than the

maximum maturity date of the last of the STAR bonds issued in

the STAR bond district, the political subdivision shall adopt

an ordinance immediately rescinding the taxes imposed pursuant

to this Section and file a certified copy of the ordinance with

the Department in the form and manner as described in this

Section.

(Source: P.A. 96-939, eff. 6-24-10.)

Section 350. The Emergency Telephone System Act is amended

by changing Section 15.2a as follows:

(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)

Sec. 15.2a. The installation of or connection to a

telephone company's network of any automatic alarm, automatic

alerting device, or mechanical dialer that causes the number

9-1-1 to be dialed in order to directly access emergency

services is prohibited in a 9-1-1 system.

This Section does not apply to devices used to enable

access to the 9-1-1 system for cognitively-impaired, disabled,

or special needs persons or for persons with disabilities in an

emergency situation reported by a caregiver after initiating a

missing person's report. The device must have the capability to

be activated and controlled remotely by trained personnel at a

service center to prevent falsely activated or repeated calls

to the 9-1-1 system in a single incident. The device must have

the technical capability to generate location information to

the 9-1-1 system. Under no circumstances shall a device be sold

for use in a geographical jurisdiction where the 9-1-1 system

has not deployed wireless phase II location technology. The

alerting device shall also provide for either 2-way

communication or send a pre-recorded message to a 9-1-1

provider explaining the nature of the emergency so that the

9-1-1 provider will be able to dispatch the appropriate

emergency responder.

Violation of this Section is a Class A misdemeanor. A

second or subsequent violation of this Section is a Class 4

felony.

(Source: P.A. 97-82, eff. 1-1-12.)

Section 355. The Counties Code is amended by changing

Section 5-1006.7 as follows:

(55 ILCS 5/5-1006.7)

Sec. 5-1006.7. School facility occupation taxes.

(a) In any county, a tax shall be imposed upon all persons

engaged in the business of selling tangible personal property,

other than personal property titled or registered with an

agency of this State's government, at retail in the county on

the gross receipts from the sales made in the course of

business to provide revenue to be used exclusively for school

facility purposes if a proposition for the tax has been

submitted to the electors of that county and approved by a

majority of those voting on the question as provided in

subsection (c). The tax under this Section shall be imposed

only in one-quarter percent increments and may not exceed 1%.

This additional tax may not be imposed on the sale of food

for human consumption that is to be consumed off the premises

where it is sold (other than alcoholic beverages, soft drinks,

and food that has been prepared for immediate consumption) and

prescription and non-prescription medicines, drugs, medical

appliances and insulin, urine testing materials, syringes and

needles used by diabetics. The Department of Revenue has full

power to administer and enforce this subsection, to collect all

taxes and penalties due under this subsection, to dispose of

taxes and penalties so collected in the manner provided in this

subsection, and to determine all rights to credit memoranda

arising on account of the erroneous payment of a tax or penalty

under this subsection. The Department shall deposit all taxes

and penalties collected under this subsection into a special

fund created for that purpose.

In the administration of and compliance with this

subsection, the Department and persons who are subject to this

subsection (i) have the same rights, remedies, privileges,

immunities, powers, and duties, (ii) are subject to the same

conditions, restrictions, limitations, penalties, and

definitions of terms, and (iii) shall employ the same modes of

procedure as are set forth in Sections 1 through 1o, 2 through

2-70 (in respect to all provisions contained in those Sections

other than the State rate of tax), 2a through 2h, 3 (except as

to the disposition of taxes and penalties collected), 4, 5, 5a,

5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,

9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act

and all provisions of the Uniform Penalty and Interest Act as

if those provisions were set forth in this subsection.

The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act permits the retailer to engage in a business that is

taxable without registering separately with the Department

under an ordinance or resolution under this subsection.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

seller's tax liability by separately stating that tax as an

additional charge, which may be stated in combination, in a

single amount, with State tax that sellers are required to

collect under the Use Tax Act, pursuant to any bracketed

schedules set forth by the Department.

(b) If a tax has been imposed under subsection (a), then a

service occupation tax must also be imposed at the same rate

upon all persons engaged, in the county, in the business of

making sales of service, who, as an incident to making those

sales of service, transfer tangible personal property within

the county as an incident to a sale of service.

This tax may not be imposed on sales of food for human

consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, soft drinks, and food

prepared for immediate consumption) and prescription and

non-prescription medicines, drugs, medical appliances and

insulin, urine testing materials, syringes, and needles used by

diabetics.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the Department and deposited into a

special fund created for that purpose. The Department has full

power to administer and enforce this subsection, to collect all

taxes and penalties due under this subsection, to dispose of

taxes and penalties so collected in the manner provided in this

subsection, and to determine all rights to credit memoranda

arising on account of the erroneous payment of a tax or penalty

under this subsection.

In the administration of and compliance with this

subsection, the Department and persons who are subject to this

subsection shall (i) have the same rights, remedies,

privileges, immunities, powers and duties, (ii) be subject to

the same conditions, restrictions, limitations, penalties and

definition of terms, and (iii) employ the same modes of

procedure as are set forth in Sections 2 (except that that

reference to State in the definition of supplier maintaining a

place of business in this State means the county), 2a through

2d, 3 through 3-50 (in respect to all provisions contained in

those Sections other than the State rate of tax), 4 (except

that the reference to the State shall be to the county), 5, 7,

8 (except that the jurisdiction to which the tax is a debt to

the extent indicated in that Section 8 is the county), 9

(except as to the disposition of taxes and penalties

collected), 10, 11, 12 (except the reference therein to Section

2b of the Retailers' Occupation Tax Act), 13 (except that any

reference to the State means the county), Section 15, 16, 17,

18, 19, and 20 of the Service Occupation Tax Act and all

provisions of the Uniform Penalty and Interest Act, as fully as

if those provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

serviceman's tax liability by separately stating the tax as an

additional charge, which may be stated in combination, in a

single amount, with State tax that servicemen are authorized to

collect under the Service Use Tax Act, pursuant to any

bracketed schedules set forth by the Department.

(c) The tax under this Section may not be imposed until the

question of imposing the tax has been submitted to the electors

of the county at a regular election and approved by a majority

of the electors voting on the question. For all regular

elections held prior to the effective date of this amendatory

Act of the 97th General Assembly, upon a resolution by the

county board or a resolution by school district boards that

represent at least 51% of the student enrollment within the

county, the county board must certify the question to the

proper election authority in accordance with the Election Code.

For all regular elections held prior to the effective date

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

election authority must submit the question in substantially

the following form:

Shall (name of county) be authorized to impose a

retailers' occupation tax and a service occupation tax

(commonly referred to as a "sales tax") at a rate of

(insert rate) to be used exclusively for school facility

purposes?

The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote

in the affirmative, then the county may, thereafter, impose the

tax.

For all regular elections held on or after the effective

date of this amendatory Act of the 97th General Assembly, the

regional superintendent of schools for the county must, upon

receipt of a resolution or resolutions of school district

boards that represent more than 50% of the student enrollment

within the county, certify the question to the proper election

authority for submission to the electors of the county at the

next regular election at which the question lawfully may be

submitted to the electors, all in accordance with the Election

Code.

For all regular elections held on or after the effective

date of this amendatory Act of the 97th General Assembly, the

election authority must submit the question in substantially

the following form:

Shall a retailers' occupation tax and a service

occupation tax (commonly referred to as a "sales tax") be

imposed in (name of county) at a rate of (insert rate) to

be used exclusively for school facility purposes?

The election authority must record the votes as "Yes" or "No".

If a majority of the electors voting on the question vote

in the affirmative, then the tax shall be imposed at the rate

set forth in the question.

For the purposes of this subsection (c), "enrollment" means

the head count of the students residing in the county on the

last school day of September of each year, which must be

reported on the Illinois State Board of Education Public School

Fall Enrollment/Housing Report.

(d) The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected under this Section to be deposited into the School

Facility Occupation Tax Fund, which shall be an unappropriated

trust fund held outside the State treasury.

On or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to the regional

superintendents of schools in counties from which retailers or

servicemen have paid taxes or penalties to the Department

during the second preceding calendar month. The amount to be

paid to each regional superintendent of schools and disbursed

to him or her in accordance with Section 3-14.31 of the School

Code, is equal to the amount (not including credit memoranda)

collected from the county under this Section during the second

preceding calendar month by the Department, (i) less 2% of that

amount, which shall be deposited into the Tax Compliance and

Administration Fund and shall be used by the Department,

subject to appropriation, to cover the costs of the Department

in administering and enforcing the provisions of this Section,

on behalf of the county, (ii) plus an amount that the

Department determines is necessary to offset any amounts that

were erroneously paid to a different taxing body; (iii) less an

amount equal to the amount of refunds made during the second

preceding calendar month by the Department on behalf of the

county; and (iv) less any amount that the Department determines

is necessary to offset any amounts that were payable to a

different taxing body but were erroneously paid to the county.

When certifying the amount of a monthly disbursement to a

regional superintendent of schools under this Section, the

Department shall increase or decrease the amounts by an amount

necessary to offset any miscalculation of previous

disbursements within the previous 6 months from the time a

miscalculation is discovered.

Within 10 days after receipt by the Comptroller from the

Department of the disbursement certification to the regional

superintendents of the schools provided for in this Section,

the Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with directions contained in

the certification.

If the Department determines that a refund should be made

under this Section to a claimant instead of issuing a credit

memorandum, then the Department shall notify the Comptroller,

who shall cause the order to be drawn for the amount specified

and to the person named in the notification from the

Department. The refund shall be paid by the Treasurer out of

the School Facility Occupation Tax Fund.

(e) For the purposes of determining the local governmental

unit whose tax is applicable, a retail sale by a producer of

coal or another mineral mined in Illinois is a sale at retail

at the place where the coal or other mineral mined in Illinois

is extracted from the earth. This subsection does not apply to

coal or another mineral when it is delivered or shipped by the

seller to the purchaser at a point outside Illinois so that the

sale is exempt under the United States Constitution as a sale

in interstate or foreign commerce.

(f) Nothing in this Section may be construed to authorize a

tax to be imposed upon the privilege of engaging in any

business that under the Constitution of the United States may

not be made the subject of taxation by this State.

(g) If a county board imposes a tax under this Section

pursuant to a referendum held before the effective date of this

amendatory Act of the 97th General Assembly at a rate below the

rate set forth in the question approved by a majority of

electors of that county voting on the question as provided in

subsection (c), then the county board may, by ordinance,

increase the rate of the tax up to the rate set forth in the

question approved by a majority of electors of that county

voting on the question as provided in subsection (c). If a

county board imposes a tax under this Section pursuant to a

referendum held before the effective date of this amendatory

Act of the 97th General Assembly, then the board may, by

ordinance, discontinue or reduce the rate of the tax. If a tax

is imposed under this Section pursuant to a referendum held on

or after the effective date of this amendatory Act of the 97th

General Assembly, then the county board may reduce or

discontinue the tax, but only in accordance with subsection

(h-5) of this Section. If, however, a school board issues bonds

that are secured by the proceeds of the tax under this Section,

then the county board may not reduce the tax rate or

discontinue the tax if that rate reduction or discontinuance

would adversely affect the school board's ability to pay the

principal and interest on those bonds as they become due or

necessitate the extension of additional property taxes to pay

the principal and interest on those bonds. If the county board

reduces the tax rate or discontinues the tax, then a referendum

must be held in accordance with subsection (c) of this Section

in order to increase the rate of the tax or to reimpose the

discontinued tax.

Until January 1, 2014, the results of any election that

imposes, reduces, or discontinues a tax under this Section must

be certified by the election authority, and any ordinance that

increases or lowers the rate or discontinues the tax must be

certified by the county clerk and, in each case, filed with the

Illinois Department of Revenue either (i) on or before the

first day of April, whereupon the Department shall proceed to

administer and enforce the tax or change in the rate as of the

first day of July next following the filing; or (ii) on or

before the first day of October, whereupon the Department shall

proceed to administer and enforce the tax or change in the rate

as of the first day of January next following the filing.

Beginning January 1, 2014, the results of any election that

imposes, reduces, or discontinues a tax under this Section must

be certified by the election authority, and any ordinance that

increases or lowers the rate or discontinues the tax must be

certified by the county clerk and, in each case, filed with the

Illinois Department of Revenue either (i) on or before the

first day of May, whereupon the Department shall proceed to

administer and enforce the tax or change in the rate as of the

first day of July next following the filing; or (ii) on or

before the first day of October, whereupon the Department shall

proceed to administer and enforce the tax or change in the rate

as of the first day of January next following the filing.

(h) For purposes of this Section, "school facility

purposes" means (i) the acquisition, development,

construction, reconstruction, rehabilitation, improvement,

financing, architectural planning, and installation of capital

facilities consisting of buildings, structures, and durable

equipment and for the acquisition and improvement of real

property and interest in real property required, or expected to

be required, in connection with the capital facilities and (ii)

the payment of bonds or other obligations heretofore or

hereafter issued, including bonds or other obligations

heretofore or hereafter issued to refund or to continue to

refund bonds or other obligations issued, for school facility

purposes, provided that the taxes levied to pay those bonds are

abated by the amount of the taxes imposed under this Section

that are used to pay those bonds. "School-facility purposes"

also includes fire prevention, safety, energy conservation,

disabled accessibility, school security, and specified repair

purposes set forth under Section 17-2.11 of the School Code.

(h-5) A county board in a county where a tax has been

imposed under this Section pursuant to a referendum held on or

after the effective date of this amendatory Act of the 97th

General Assembly may, by ordinance or resolution, submit to the

voters of the county the question of reducing or discontinuing

the tax. In the ordinance or resolution, the county board shall

certify the question to the proper election authority in

accordance with the Election Code. The election authority must

submit the question in substantially the following form:

Shall the school facility retailers' occupation tax

and service occupation tax (commonly referred to as the

"school facility sales tax") currently imposed in (name of

county) at a rate of (insert rate) be (reduced to (insert

rate))(discontinued)?

If a majority of the electors voting on the question vote in

the affirmative, then, subject to the provisions of subsection

(g) of this Section, the tax shall be reduced or discontinued

as set forth in the question.

(i) This Section does not apply to Cook County.

(j) This Section may be cited as the County School Facility

Occupation Tax Law.

(Source: P.A. 97-542, eff. 8-23-11; 97-813, eff. 7-13-12;

98-584, eff. 8-27-13.)

Section 360. The County Care for Persons with Developmental

Disabilities Act is amended by changing the title of the Act

and Sections 1, 1.1, and 1.2 as follows:

(55 ILCS 105/Act title)

An Act concerning the care and treatment of persons with

intellectual or developmental disabilities who are

intellectually disabled or under developmental disability.

(55 ILCS 105/1) (from Ch. 91 1/2, par. 201)

Sec. 1. Facilities or services; tax levy. Any county may

provide facilities or services for the benefit of its residents

who are persons with intellectual or developmental

disabilities intellectually disabled or under a developmental

disability and who are not eligible to participate in any such

program conducted under Article 14 of the School Code, or may

contract therefor with any privately or publicly operated

entity which provides facilities or services either in or out

of such county.

For such purpose, the county board may levy an annual tax

of not to exceed .1% upon all of the taxable property in the

county at the value thereof, as equalized or assessed by the

Department of Revenue. Taxes first levied under this Section on

or after the effective date of this amendatory Act of the 96th

General Assembly are subject to referendum approval under

Section 1.1 or 1.2 of this Act. Such tax shall be levied and

collected in the same manner as other county taxes, but shall

not be included in any limitation otherwise prescribed as to

the rate or amount of county taxes but shall be in addition

thereto and in excess thereof. When collected, such tax shall

be paid into a special fund in the county treasury, to be

designated as the "Fund for Persons With a Developmental

Disability", and shall be used only for the purpose specified

in this Section. The levying of this annual tax shall not

preclude the county from the use of other federal, State, or

local funds for the purpose of providing facilities or services

for the care and treatment of its residents who are mentally

retarded or under a developmental disability.

(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12.)

(55 ILCS 105/1.1)

Sec. 1.1. Petition for submission to referendum by county.

(a) If, on and after the effective date of this amendatory

Act of the 96th General Assembly, the county board passes an

ordinance or resolution as provided in Section 1 of this Act

asking that an annual tax may be levied for the purpose of

providing facilities or services set forth in that Section and

so instructs the county clerk, the clerk shall certify the

proposition to the proper election officials for submission at

the next general county election. The proposition shall be in

substantially the following form:

Shall ..... County levy an annual tax not to exceed

0.1% upon the equalized assessed value of all taxable

property in the county for the purposes of providing

facilities or services for the benefit of its residents who

are persons with intellectual or developmental

disabilities intellectually disabled or under a

developmental disability and who are not eligible to

participate in any program provided under Article 14 of the

School Code, 105 ILCS 5/14-1.01 et seq., including

contracting for those facilities or services with any

privately or publicly operated entity that provides those

facilities or services either in or out of the county?

(b) If a majority of the votes cast upon the proposition

are in favor thereof, such tax levy shall be authorized and the

county shall levy a tax not to exceed the rate set forth in

Section 1 of this Act.

(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12;

97-813, eff. 7-13-12.)

(55 ILCS 105/1.2)

Sec. 1.2. Petition for submission to referendum by

electors.

(a) Whenever a petition for submission to referendum by the

electors which requests the establishment and maintenance of

facilities or services for the benefit of its residents with a

developmental disability and the levy of an annual tax not to

exceed 0.1% upon all the taxable property in the county at the

value thereof, as equalized or assessed by the Department of

Revenue, is signed by electors of the county equal in number to

at least 10% of the total votes cast for the office that

received the greatest total number of votes at the last

preceding general county election and is presented to the

county clerk, the clerk shall certify the proposition to the

proper election authorities for submission at the next general

county election. The proposition shall be in substantially the

following form:

Shall ..... County levy an annual tax not to exceed

0.1% upon the equalized assessed value of all taxable

property in the county for the purposes of establishing and

maintaining facilities or services for the benefit of its

residents who are persons with intellectual or

developmental disabilities intellectually disabled or

under a developmental disability and who are not eligible

to participate in any program provided under Article 14 of

the School Code, 105 ILCS 5/14-1.01 et seq., including

contracting for those facilities or services with any

privately or publicly operated entity that provides those

facilities or services either in or out of the county?

(b) If a majority of the votes cast upon the proposition

are in favor thereof, such tax levy shall be authorized and the

county shall levy a tax not to exceed the rate set forth in

Section 1 of this Act.

(Source: P.A. 96-1350, eff. 7-28-10; 97-227, eff. 1-1-12;

97-813, eff. 7-13-12.)

Section 365. The Township Code is amended by changing

Section 30-145 and the heading of Article 185 and Section

190-10 and the heading of Article 225 and Sections 225-5 and

260-5 as follows:

(60 ILCS 1/30-145)

Sec. 30-145. Mental health services. If a township is not

included in a mental health district organized under the

Community Mental Health Act, the electors may authorize the

board of trustees to provide mental health services ( ,

including services for the alcoholic and , the drug addicted,

and for persons with intellectual disabilities) the

intellectually disabled, for residents of the township by

disbursing existing funds if available by contracting with

mental health agencies approved by the Department of Human

Services, alcoholism treatment programs licensed by the

Department of Public Health, and drug abuse facilities and

other alcohol and drug abuse services approved by the

Department of Human Services. To be eligible to receive

township funds, an agency, program, facility, or other service

provider must have been in existence for more than one year and

must serve the township area.

(Source: P.A. 97-227, eff. 1-1-12.)

(60 ILCS 1/Art. 185 heading)

ARTICLE 185. FACILITIES AND SERVICES

FOR PERSONS WITH DEVELOPMENTAL DISABILITIES DEVELOPMENTALLY

DISABLED PERSONS

(60 ILCS 1/190-10)

Sec. 190-10. Mental health services. If a township is not

included in a mental health district organized under the

Community Mental Health Act, the township board may provide

mental health services (including services for the alcoholic

and , the drug addicted, and for persons with intellectual

disabilities the intellectually disabled) for residents of the

township by disbursing funds, pursuant to an appropriation, to

mental health agencies approved by the Department of Human

Services, alcoholism treatment programs licensed by the

Department of Public Health, drug abuse facilities approved by

the Department of Human Services, and other alcoholism and drug

abuse services approved by the Department of Human Services. To

be eligible for township funds disbursed under this Section, an

agency, program, facility, or other service provider must have

been in existence for more than one year and serve the township

area.

(Source: P.A. 97-227, eff. 1-1-12.)

(60 ILCS 1/Art. 225 heading)

ARTICLE 225. SERVICES FOR

PERSONS WITH DISABILITIES THE DISABLED

(60 ILCS 1/225-5)

Sec. 225-5. Township committee on persons with

disabilities the disabled.

(a) The township board may appoint a township committee on

persons with disabilities the disabled, comprised of not more

than 10 members, one of whom shall be a township trustee

appointed by the chairman of the township board. A majority of

the committee shall consist of persons with disabilities be

disabled. The initial members shall serve their terms as

follows: 3 members for 1 year, 3 members for 2 years, and 3

members for 3 years. Succeeding members shall serve 3-year

terms. The initial and succeeding trustee members shall serve

3-year terms or until termination of their service as township

trustees, whichever occurs first.

(b) Members of the committee shall select one of their

number to serve as chairman and may select other officers

deemed necessary.

(c) Members of the committee shall serve without

compensation but shall be allowed necessary expenses incurred

in the performance of their duties under this Section.

(d) The committee shall cooperate with any appropriate

public or private entity to develop and administer programs

designed to enhance the self-sufficiency and quality of life of

citizens with disabilities disabled citizens residing within

the jurisdiction of the township.

(e) The committee may receive any available monies from

private sources. The township board may provide funding from

the township general fund. The township board may establish and

administer a separate fund for the committee on persons with

disabilities the disabled and shall authorize all committee

expenditures from that fund.

(f) The committee may enter into service agreements or

contracts for the purpose of providing needed or required

services or make grants to another governmental entity,

not-for-profit corporation, or community service agency to

fund programs for persons with disabilities the disabled,

subject to the approval of the township board.

(g) The committee shall report monthly to the township

board on its activities and operation.

(h) For purposes of this Section, "persons with

disabilities disabled" means any persons any person with a

physical or developmental disability.

(Source: P.A. 83-1362; 88-62.)

(60 ILCS 1/260-5)

Sec. 260-5. Distributions from general fund, generally. To

the extent that moneys in the township general fund have not

been appropriated for other purposes, the township board may

direct that distributions be made from that fund as follows:

(1) To (i) school districts maintaining grades 1

through 8 that are wholly or partly located within the

township or (ii) governmental units as defined in Section 1

of the Community Mental Health Act that provide mental

health facilities and services (including facilities and

services for persons with intellectual disabilities the

intellectually disabled) under that Act within the

township, or (iii) both.

(2) To community action agencies that serve township

residents. "Community action agencies" are defined as in

Part A of Title II of the federal Economic Opportunity Act

of 1964.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 370. The Illinois Municipal Code is amended by

changing Sections 8-3-7a, 10-5-2, 11-11.1-1, 11-20-14,

11-74.3-6, 11-95-13, and 11-95-14 as follows:

(65 ILCS 5/8-3-7a) (from Ch. 24, par. 8-3-7a)

Sec. 8-3-7a. (a) Whenever a petition containing the

signatures of at least l,000 or 10% of the registered voters,

whichever is less, residing in a municipality of 500,000 or

fewer inhabitants is presented to the corporate authorities of

the municipality requesting the submission of a proposition to

levy a tax at a rate not exceeding .075% upon the value, as

equalized or assessed by the Department of Revenue, of all

property within the municipality subject to taxation, for the

purpose of financing a public transportation system for elderly

persons and persons with disabilities and handicapped persons,

the corporate authorities of such municipality shall adopt an

ordinance or resolution directing the proper election

officials to place the proposition on the ballot at the next

election at which such proposition may be voted upon. The

petition shall be filed with the corporate authorities at least

90 days prior to the next election at which such proposition

may be voted upon. The petition may specify whether the

transportation system financed by a tax levy under this Section

is to serve only the municipality levying such tax or specified

regions outside the corporate boundaries of such municipality

in addition thereto. The petition shall be in substantially the

following form:

We, the undersigned registered voters residing in .....

(specify the municipality), in the County of ..... and State of

Illinois, do hereby petition that the corporate authorities of

....... (specify the municipality) be required to place on the

ballot the proposition requiring the municipality to levy an

annual tax at the rate of ...... (specify a rate not exceeding

.075%) on all taxable property in ....... (specify the

municipality) for the purpose of financing a public

transportation system for elderly persons and persons with

disabilities and handicapped persons within ...... (specify

the municipality and any regions outside the corporate

boundaries to be served by the transportation system).

Name......... Address...........

State of Illinois)

)ss

County of... )

I ........, do hereby certify that I am a registered voter,

that I reside at No....... street, in the ...... of .........

County of ......... and State of Illinois, and that signatures

in this sheet were signed in my presence, and are genuine, and

that to the best of my knowledge and belief the persons so

signing were at the time of signing the petitions registered

voters, and that their respective residences are correctly

stated, as above set forth.

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

Subscribed and sworn to me this ........... day of

.......... A.D....

The proposition shall be in substantially the following

form:

-------------------------------------------------------------

Shall a tax of ...... % (specify

a rate not exceeding .075%) be levied

annually on all taxable property in

......(specify the municipality) to pay YES

the cost of operating and maintaining

a public transportation system for -------------------

elderly persons and persons with disabilities and handicapped

persons

within........(specify the municipality NO

and any regions outside the corporate

boundaries to be served by the

transportation system)?

-------------------------------------------------------------

If the majority of the voters of the municipality voting

therein vote in favor of the proposition, the corporate

authorities of the municipality shall levy such annual tax at

the rate specified in the proposition. If the majority of the

vote is against such proposition, such tax may not be levied.

(b) Municipalities under this Section may contract with any

not-for-profit corporation, subject to the General Not for

Profit Corporation Act and incorporated primarily for the

purpose of providing transportation to elderly persons and

persons with disabilities and handicapped persons, for such

corporation to provide transportation-related services for the

purposes of this Section. Municipalities should utilize where

possible existing facilities and systems already operating for

the purposes outlined in this Section.

(c) Taxes authorized under this Section may be used only

for the purpose of financing a transportation system for

elderly persons and persons with disabilities and handicapped

persons as authorized in this Section.

(d) For purposes of this Section, "persons with

disabilities handicapped person" means any individuals

individual who, by reason of illness, injury, age, congenital

malfunction, or other permanent or temporary disability, are is

unable without special public transportation facilities or

special planning or design to utilize ordinary public

transportation facilities and services as effectively as

persons who are not so affected.

"Public transportation for elderly persons and persons with

disabilities and handicapped" means a transportation system

for persons who have mental or physical difficulty in accessing

or using the conventional public mass transportation system, or

for any other reason.

(Source: P.A. 83-656.)

(65 ILCS 5/10-5-2) (from Ch. 24, par. 10-5-2)

Sec. 10-5-2.

Each such policy of insurance shall provide for the payment

to every volunteer member of such fire department receiving any

injury, which injury was sustained through accidental means and

was caused by and arose out of the duties of such member as a

volunteer fireman, causing a disability which prevents such

member from pursuing his usual vocation, as follows:

In such cities, villages and incorporated towns having a

population of less than 1,000, a weekly indemnity of not less

than $20,

In such cities, villages and incorporated towns having a

population of 1,000 or more, a weekly indemnity of not less

than $30.

Every such policy shall further provide:

(a) That the weekly indemnity payable thereunder shall be

paid as long as such disability shall continue, not however, to

exceed a period of 52 weeks.

(b) That in the event of the death or total permanent

disability of such volunteer fireman, the sum of not less than

$3,500 shall be paid to the estate of any such volunteer

fireman or to such volunteer fireman with a total permanent

disability total permanently disabled volunteer fireman, as

the case may be.

(c) For the payment of such medical, surgical, hospital and

nurse services and supplies, as may be necessary on account of

such injury, the total sum thereof, however, not to exceed

$750, for injuries sustained as the result of any one accident.

This amendatory act of 1973 does not apply to any

municipality which is a home rule unit.

(Source: P.A. 78-481.)

(65 ILCS 5/11-11.1-1) (from Ch. 24, par. 11-11.1-1)

Sec. 11-11.1-1. The corporate authorities of any

municipality may enact ordinances prescribing fair housing

practices, defining unfair housing practices, establishing

Fair Housing or Human Relations Commissions and standards for

the operation of such Commissions in the administering and

enforcement of such ordinances, prohibiting discrimination

based on race, color, religion, sex, creed, ancestry, national

origin, or physical or mental disability handicap in the

listing, sale, assignment, exchange, transfer, lease, rental

or financing of real property for the purpose of the

residential occupancy thereof, and prescribing penalties for

violations of such ordinances.

Such ordinances may provide for closed meetings of the

Commissions or other administrative agencies responsible for

administering and enforcing such ordinances for the purpose of

conciliating complaints of discrimination and such meetings

shall not be subject to the provisions of "An Act in relation

to meetings", approved July 11, 1957, as amended. No final

action for the imposition or recommendation of a penalty by

such Commissions or agencies shall be taken, except at a

meeting open to the public.

To secure and guarantee the rights established by Sections

17, 18 and 19 of Article I of the Illinois Constitution, it is

declared that any ordinance or standard enacted under the

authority of this Section or under general home rule power and

any standard, rule or regulation of such a Commission which

prohibits, restricts, narrows or limits the housing choice of

any person is unenforceable and void. Nothing in this

amendatory Act of 1981 prohibits such a commission or a unit of

local government from making special outreach efforts to inform

members of minority groups of housing opportunities available

in areas of majority white concentration and make similar

efforts to inform the majority white population of available

housing opportunities located in areas of minority

concentration.

This amendatory Act of 1981 applies to municipalities which

are home rule units. Pursuant to Article VII, Section 6,

paragraph (i) of the Illinois Constitution, this amendatory Act

of 1981 is a limit on the power of municipalities that are home

rule units.

(Source: P.A. 82-340.)

(65 ILCS 5/11-20-14)

Sec. 11-20-14. Companion dogs; restaurants.

Notwithstanding any other prohibition to the contrary, a

municipality with a population of 1,000,000 or more may, by

ordinance, authorize the presence of companion dogs in outdoor

areas of restaurants where food is served, if the ordinance

provides for adequate controls to ensure compliance with the

Illinois Food, Drug, and Cosmetic Act, the Food Handling

Regulation Enforcement Act, the Sanitary Food Preparation Act,

and any other applicable statutes and ordinances. An ordinance

enacted under this Section shall provide that: (i) no companion

dog shall be present in the interior of any restaurant or in

any area where food is prepared; and (ii) the restaurant shall

have the right to refuse to serve the owner of a companion dog

if the owner fails to exercise reasonable control over the

companion dog or the companion dog is otherwise behaving in a

manner that compromises or threatens to compromise the health

or safety of any person present in the restaurant, including,

but not limited to, violations and potential violations of any

applicable health code or other statute or ordinance. An

ordinance enacted under this Section may also provide for a

permitting process to authorize individual restaurants to

permit dogs as provided in this Section and to charge

applicants and authorized restaurants a reasonable permit fee

as the ordinance may establish.

For the purposes of this Section, "companion dog" means a

dog other than a service dog assisting a person with a

disability handicapped person.

(Source: P.A. 95-276, eff. 1-1-08.)

(65 ILCS 5/11-74.3-6)

Sec. 11-74.3-6. Business district revenue and obligations;

business district tax allocation fund.

(a) If the corporate authorities of a municipality have

approved a business district plan, have designated a business

district, and have elected to impose a tax by ordinance

pursuant to subsection (10) or (11) of Section 11-74.3-3, then

each year after the date of the approval of the ordinance but

terminating upon the date all business district project costs

and all obligations paying or reimbursing business district

project costs, if any, have been paid, but in no event later

than the dissolution date, all amounts generated by the

retailers' occupation tax and service occupation tax shall be

collected and the tax shall be enforced by the Department of

Revenue in the same manner as all retailers' occupation taxes

and service occupation taxes imposed in the municipality

imposing the tax and all amounts generated by the hotel

operators' occupation tax shall be collected and the tax shall

be enforced by the municipality in the same manner as all hotel

operators' occupation taxes imposed in the municipality

imposing the tax. The corporate authorities of the municipality

shall deposit the proceeds of the taxes imposed under

subsections (10) and (11) of Section 11-74.3-3 into a special

fund of the municipality called the "[Name of] Business

District Tax Allocation Fund" for the purpose of paying or

reimbursing business district project costs and obligations

incurred in the payment of those costs.

(b) The corporate authorities of a municipality that has

designated a business district under this Law may, by

ordinance, impose a Business District Retailers' Occupation

Tax upon all persons engaged in the business of selling

tangible personal property, other than an item of tangible

personal property titled or registered with an agency of this

State's government, at retail in the business district at a

rate not to exceed 1% of the gross receipts from the sales made

in the course of such business, to be imposed only in 0.25%

increments. The tax may not be imposed on food for human

consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, soft drinks, and food

that has been prepared for immediate consumption),

prescription and nonprescription medicines, drugs, medical

appliances, modifications to a motor vehicle for the purpose of

rendering it usable by a person with a disability disabled

person, and insulin, urine testing materials, syringes, and

needles used by diabetics, for human use.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the Department of Revenue. The

certificate of registration that is issued by the Department to

a retailer under the Retailers' Occupation Tax Act shall permit

the retailer to engage in a business that is taxable under any

ordinance or resolution enacted pursuant to this subsection

without registering separately with the Department under such

ordinance or resolution or under this subsection. The

Department of Revenue shall have full power to administer and

enforce this subsection; to collect all taxes and penalties due

under this subsection in the manner hereinafter provided; and

to determine all rights to credit memoranda arising on account

of the erroneous payment of tax or penalty under this

subsection. In the administration of, and compliance with, this

subsection, the Department and persons who are subject to this

subsection shall have the same rights, remedies, privileges,

immunities, powers and duties, and be subject to the same

conditions, restrictions, limitations, penalties, exclusions,

exemptions, and definitions of terms and employ the same modes

of procedure, as are prescribed in Sections 1, 1a through 1o, 2

through 2-65 (in respect to all provisions therein other than

the State rate of tax), 2c through 2h, 3 (except as to the

disposition of taxes and penalties collected), 4, 5, 5a, 5c,

5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,

12, 13, and 14 of the Retailers' Occupation Tax Act and all

provisions of the Uniform Penalty and Interest Act, as fully as

if those provisions were set forth herein.

Persons subject to any tax imposed under this subsection

may reimburse themselves for their seller's tax liability under

this subsection by separately stating the tax as an additional

charge, which charge may be stated in combination, in a single

amount, with State taxes that sellers are required to collect

under the Use Tax Act, in accordance with such bracket

schedules as the Department may prescribe.

Whenever the Department determines that a refund should be

made under this subsection to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified and to the person named in the notification

from the Department. The refund shall be paid by the State

Treasurer out of the business district retailers' occupation

tax fund.

The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes, penalties, and

interest collected under this subsection for deposit into the

business district retailers' occupation tax fund.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this subsection

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities

from the business district retailers' occupation tax fund, the

municipalities to be those from which retailers have paid taxes

or penalties under this subsection to the Department during the

second preceding calendar month. The amount to be paid to each

municipality shall be the amount (not including credit

memoranda) collected under this subsection during the second

preceding calendar month by the Department plus an amount the

Department determines is necessary to offset any amounts that

were erroneously paid to a different taxing body, and not

including an amount equal to the amount of refunds made during

the second preceding calendar month by the Department, less 2%

of that amount, which shall be deposited into the Tax

Compliance and Administration Fund and shall be used by the

Department, subject to appropriation, to cover the costs of the

Department in administering and enforcing the provisions of

this subsection, on behalf of such municipality, and not

including any amount that the Department determines is

necessary to offset any amounts that were payable to a

different taxing body but were erroneously paid to the

municipality, and not including any amounts that are

transferred to the STAR Bonds Revenue Fund. Within 10 days

after receipt by the Comptroller of the disbursement

certification to the municipalities provided for in this

subsection to be given to the Comptroller by the Department,

the Comptroller shall cause the orders to be drawn for the

respective amounts in accordance with the directions contained

in the certification. The proceeds of the tax paid to

municipalities under this subsection shall be deposited into

the Business District Tax Allocation Fund by the municipality.

An ordinance imposing or discontinuing the tax under this

subsection or effecting a change in the rate thereof shall

either (i) be adopted and a certified copy thereof filed with

the Department on or before the first day of April, whereupon

the Department, if all other requirements of this subsection

are met, shall proceed to administer and enforce this

subsection as of the first day of July next following the

adoption and filing; or (ii) be adopted and a certified copy

thereof filed with the Department on or before the first day of

October, whereupon, if all other requirements of this

subsection are met, the Department shall proceed to administer

and enforce this subsection as of the first day of January next

following the adoption and filing.

The Department of Revenue shall not administer or enforce

an ordinance imposing, discontinuing, or changing the rate of

the tax under this subsection, until the municipality also

provides, in the manner prescribed by the Department, the

boundaries of the business district and each address in the

business district in such a way that the Department can

determine by its address whether a business is located in the

business district. The municipality must provide this boundary

and address information to the Department on or before April 1

for administration and enforcement of the tax under this

subsection by the Department beginning on the following July 1

and on or before October 1 for administration and enforcement

of the tax under this subsection by the Department beginning on

the following January 1. The Department of Revenue shall not

administer or enforce any change made to the boundaries of a

business district or address change, addition, or deletion

until the municipality reports the boundary change or address

change, addition, or deletion to the Department in the manner

prescribed by the Department. The municipality must provide

this boundary change information or address change, addition,

or deletion to the Department on or before April 1 for

administration and enforcement by the Department of the change

beginning on the following July 1 and on or before October 1

for administration and enforcement by the Department of the

change beginning on the following January 1. The retailers in

the business district shall be responsible for charging the tax

imposed under this subsection. If a retailer is incorrectly

included or excluded from the list of those required to collect

the tax under this subsection, both the Department of Revenue

and the retailer shall be held harmless if they reasonably

relied on information provided by the municipality.

A municipality that imposes the tax under this subsection

must submit to the Department of Revenue any other information

as the Department may require for the administration and

enforcement of the tax.

When certifying the amount of a monthly disbursement to a

municipality under this subsection, the Department shall

increase or decrease the amount by an amount necessary to

offset any misallocation of previous disbursements. The offset

amount shall be the amount erroneously disbursed within the

previous 6 months from the time a misallocation is discovered.

Nothing in this subsection shall be construed to authorize

the municipality to impose a tax upon the privilege of engaging

in any business which under the Constitution of the United

States may not be made the subject of taxation by this State.

If a tax is imposed under this subsection (b), a tax shall

also be imposed under subsection (c) of this Section.

(c) If a tax has been imposed under subsection (b), a

Business District Service Occupation Tax shall also be imposed

upon all persons engaged, in the business district, in the

business of making sales of service, who, as an incident to

making those sales of service, transfer tangible personal

property within the business district, either in the form of

tangible personal property or in the form of real estate as an

incident to a sale of service. The tax shall be imposed at the

same rate as the tax imposed in subsection (b) and shall not

exceed 1% of the selling price of tangible personal property so

transferred within the business district, to be imposed only in

0.25% increments. The tax may not be imposed on food for human

consumption that is to be consumed off the premises where it is

sold (other than alcoholic beverages, soft drinks, and food

that has been prepared for immediate consumption),

prescription and nonprescription medicines, drugs, medical

appliances, modifications to a motor vehicle for the purpose of

rendering it usable by a person with a disability disabled

person, and insulin, urine testing materials, syringes, and

needles used by diabetics, for human use.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the Department of Revenue. The

certificate of registration which is issued by the Department

to a retailer under the Retailers' Occupation Tax Act or under

the Service Occupation Tax Act shall permit such registrant to

engage in a business which is taxable under any ordinance or

resolution enacted pursuant to this subsection without

registering separately with the Department under such

ordinance or resolution or under this subsection. The

Department of Revenue shall have full power to administer and

enforce this subsection; to collect all taxes and penalties due

under this subsection; to dispose of taxes and penalties so

collected in the manner hereinafter provided; and to determine

all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty under this subsection. In

the administration of, and compliance with this subsection, the

Department and persons who are subject to this subsection shall

have the same rights, remedies, privileges, immunities, powers

and duties, and be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions,

and definitions of terms and employ the same modes of procedure

as are prescribed in Sections 2, 2a through 2d, 3 through 3-50

(in respect to all provisions therein other than the State rate

of tax), 4 (except that the reference to the State shall be to

the business district), 5, 7, 8 (except that the jurisdiction

to which the tax shall be a debt to the extent indicated in

that Section 8 shall be the municipality), 9 (except as to the

disposition of taxes and penalties collected, and except that

the returned merchandise credit for this tax may not be taken

against any State tax), 10, 11, 12 (except the reference

therein to Section 2b of the Retailers' Occupation Tax Act), 13

(except that any reference to the State shall mean the

municipality), the first paragraph of Section 15, and Sections

16, 17, 18, 19 and 20 of the Service Occupation Tax Act and all

provisions of the Uniform Penalty and Interest Act, as fully as

if those provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

serviceman's tax liability hereunder by separately stating the

tax as an additional charge, which charge may be stated in

combination, in a single amount, with State tax that servicemen

are authorized to collect under the Service Use Tax Act, in

accordance with such bracket schedules as the Department may

prescribe.

Whenever the Department determines that a refund should be

made under this subsection to a claimant instead of issuing

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the order to be drawn for the

amount specified, and to the person named, in such notification

from the Department. Such refund shall be paid by the State

Treasurer out of the business district retailers' occupation

tax fund.

The Department shall forthwith pay over to the State

Treasurer, ex-officio, as trustee, all taxes, penalties, and

interest collected under this subsection for deposit into the

business district retailers' occupation tax fund.

As soon as possible after the first day of each month,

beginning January 1, 2011, upon certification of the Department

of Revenue, the Comptroller shall order transferred, and the

Treasurer shall transfer, to the STAR Bonds Revenue Fund the

local sales tax increment, as defined in the Innovation

Development and Economy Act, collected under this subsection

during the second preceding calendar month for sales within a

STAR bond district.

After the monthly transfer to the STAR Bonds Revenue Fund,

on or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to named municipalities

from the business district retailers' occupation tax fund, the

municipalities to be those from which suppliers and servicemen

have paid taxes or penalties under this subsection to the

Department during the second preceding calendar month. The

amount to be paid to each municipality shall be the amount (not

including credit memoranda) collected under this subsection

during the second preceding calendar month by the Department,

less 2% of that amount, which shall be deposited into the Tax

Compliance and Administration Fund and shall be used by the

Department, subject to appropriation, to cover the costs of the

Department in administering and enforcing the provisions of

this subsection, and not including an amount equal to the

amount of refunds made during the second preceding calendar

month by the Department on behalf of such municipality, and not

including any amounts that are transferred to the STAR Bonds

Revenue Fund. Within 10 days after receipt, by the Comptroller,

of the disbursement certification to the municipalities,

provided for in this subsection to be given to the Comptroller

by the Department, the Comptroller shall cause the orders to be

drawn for the respective amounts in accordance with the

directions contained in such certification. The proceeds of the

tax paid to municipalities under this subsection shall be

deposited into the Business District Tax Allocation Fund by the

municipality.

An ordinance imposing or discontinuing the tax under this

subsection or effecting a change in the rate thereof shall

either (i) be adopted and a certified copy thereof filed with

the Department on or before the first day of April, whereupon

the Department, if all other requirements of this subsection

are met, shall proceed to administer and enforce this

subsection as of the first day of July next following the

adoption and filing; or (ii) be adopted and a certified copy

thereof filed with the Department on or before the first day of

October, whereupon, if all other conditions of this subsection

are met, the Department shall proceed to administer and enforce

this subsection as of the first day of January next following

the adoption and filing.

The Department of Revenue shall not administer or enforce

an ordinance imposing, discontinuing, or changing the rate of

the tax under this subsection, until the municipality also

provides, in the manner prescribed by the Department, the

boundaries of the business district in such a way that the

Department can determine by its address whether a business is

located in the business district. The municipality must provide

this boundary and address information to the Department on or

before April 1 for administration and enforcement of the tax

under this subsection by the Department beginning on the

following July 1 and on or before October 1 for administration

and enforcement of the tax under this subsection by the

Department beginning on the following January 1. The Department

of Revenue shall not administer or enforce any change made to

the boundaries of a business district or address change,

addition, or deletion until the municipality reports the

boundary change or address change, addition, or deletion to the

Department in the manner prescribed by the Department. The

municipality must provide this boundary change information or

address change, addition, or deletion to the Department on or

before April 1 for administration and enforcement by the

Department of the change beginning on the following July 1 and

on or before October 1 for administration and enforcement by

the Department of the change beginning on the following January

1. The retailers in the business district shall be responsible

for charging the tax imposed under this subsection. If a

retailer is incorrectly included or excluded from the list of

those required to collect the tax under this subsection, both

the Department of Revenue and the retailer shall be held

harmless if they reasonably relied on information provided by

the municipality.

A municipality that imposes the tax under this subsection

must submit to the Department of Revenue any other information

as the Department may require for the administration and

enforcement of the tax.

Nothing in this subsection shall be construed to authorize

the municipality to impose a tax upon the privilege of engaging

in any business which under the Constitution of the United

States may not be made the subject of taxation by the State.

If a tax is imposed under this subsection (c), a tax shall

also be imposed under subsection (b) of this Section.

(d) By ordinance, a municipality that has designated a

business district under this Law may impose an occupation tax

upon all persons engaged in the business district in the

business of renting, leasing, or letting rooms in a hotel, as

defined in the Hotel Operators' Occupation Tax Act, at a rate

not to exceed 1% of the gross rental receipts from the renting,

leasing, or letting of hotel rooms within the business

district, to be imposed only in 0.25% increments, excluding,

however, from gross rental receipts the proceeds of renting,

leasing, or letting to permanent residents of a hotel, as

defined in the Hotel Operators' Occupation Tax Act, and

proceeds from the tax imposed under subsection (c) of Section

13 of the Metropolitan Pier and Exposition Authority Act.

The tax imposed by the municipality under this subsection

and all civil penalties that may be assessed as an incident to

that tax shall be collected and enforced by the municipality

imposing the tax. The municipality shall have full power to

administer and enforce this subsection, to collect all taxes

and penalties due under this subsection, to dispose of taxes

and penalties so collected in the manner provided in this

subsection, and to determine all rights to credit memoranda

arising on account of the erroneous payment of tax or penalty

under this subsection. In the administration of and compliance

with this subsection, the municipality and persons who are

subject to this subsection shall have the same rights,

remedies, privileges, immunities, powers, and duties, shall be

subject to the same conditions, restrictions, limitations,

penalties, and definitions of terms, and shall employ the same

modes of procedure as are employed with respect to a tax

adopted by the municipality under Section 8-3-14 of this Code.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

tax liability for that tax by separately stating that tax as an

additional charge, which charge may be stated in combination,

in a single amount, with State taxes imposed under the Hotel

Operators' Occupation Tax Act, and with any other tax.

Nothing in this subsection shall be construed to authorize

a municipality to impose a tax upon the privilege of engaging

in any business which under the Constitution of the United

States may not be made the subject of taxation by this State.

The proceeds of the tax imposed under this subsection shall

be deposited into the Business District Tax Allocation Fund.

(e) Obligations secured by the Business District Tax

Allocation Fund may be issued to provide for the payment or

reimbursement of business district project costs. Those

obligations, when so issued, shall be retired in the manner

provided in the ordinance authorizing the issuance of those

obligations by the receipts of taxes imposed pursuant to

subsections (10) and (11) of Section 11-74.3-3 and by other

revenue designated or pledged by the municipality. A

municipality may in the ordinance pledge, for any period of

time up to and including the dissolution date, all or any part

of the funds in and to be deposited in the Business District

Tax Allocation Fund to the payment of business district project

costs and obligations. Whenever a municipality pledges all of

the funds to the credit of a business district tax allocation

fund to secure obligations issued or to be issued to pay or

reimburse business district project costs, the municipality

may specifically provide that funds remaining to the credit of

such business district tax allocation fund after the payment of

such obligations shall be accounted for annually and shall be

deemed to be "surplus" funds, and such "surplus" funds shall be

expended by the municipality for any business district project

cost as approved in the business district plan. Whenever a

municipality pledges less than all of the monies to the credit

of a business district tax allocation fund to secure

obligations issued or to be issued to pay or reimburse business

district project costs, the municipality shall provide that

monies to the credit of the business district tax allocation

fund and not subject to such pledge or otherwise encumbered or

required for payment of contractual obligations for specific

business district project costs shall be calculated annually

and shall be deemed to be "surplus" funds, and such "surplus"

funds shall be expended by the municipality for any business

district project cost as approved in the business district

plan.

No obligation issued pursuant to this Law and secured by a

pledge of all or any portion of any revenues received or to be

received by the municipality from the imposition of taxes

pursuant to subsection (10) of Section 11-74.3-3, shall be

deemed to constitute an economic incentive agreement under

Section 8-11-20, notwithstanding the fact that such pledge

provides for the sharing, rebate, or payment of retailers'

occupation taxes or service occupation taxes imposed pursuant

to subsection (10) of Section 11-74.3-3 and received or to be

received by the municipality from the development or

redevelopment of properties in the business district.

Without limiting the foregoing in this Section, the

municipality may further secure obligations secured by the

business district tax allocation fund with a pledge, for a

period not greater than the term of the obligations and in any

case not longer than the dissolution date, of any part or any

combination of the following: (i) net revenues of all or part

of any business district project; (ii) taxes levied or imposed

by the municipality on any or all property in the municipality,

including, specifically, taxes levied or imposed by the

municipality in a special service area pursuant to the Special

Service Area Tax Law; (iii) the full faith and credit of the

municipality; (iv) a mortgage on part or all of the business

district project; or (v) any other taxes or anticipated

receipts that the municipality may lawfully pledge.

Such obligations may be issued in one or more series, bear

such date or dates, become due at such time or times as therein

provided, but in any case not later than (i) 20 years after the

date of issue or (ii) the dissolution date, whichever is

earlier, bear interest payable at such intervals and at such

rate or rates as set forth therein, except as may be limited by

applicable law, which rate or rates may be fixed or variable,

be in such denominations, be in such form, either coupon,

registered, or book-entry, carry such conversion, registration

and exchange privileges, be subject to defeasance upon such

terms, have such rank or priority, be executed in such manner,

be payable in such medium or payment at such place or places

within or without the State, make provision for a corporate

trustee within or without the State with respect to such

obligations, prescribe the rights, powers, and duties thereof

to be exercised for the benefit of the municipality and the

benefit of the owners of such obligations, provide for the

holding in trust, investment, and use of moneys, funds, and

accounts held under an ordinance, provide for assignment of and

direct payment of the moneys to pay such obligations or to be

deposited into such funds or accounts directly to such trustee,

be subject to such terms of redemption with or without premium,

and be sold at such price, all as the corporate authorities

shall determine. No referendum approval of the electors shall

be required as a condition to the issuance of obligations

pursuant to this Law except as provided in this Section.

In the event the municipality authorizes the issuance of

obligations pursuant to the authority of this Law secured by

the full faith and credit of the municipality, or pledges ad

valorem taxes pursuant to this subsection, which obligations

are other than obligations which may be issued under home rule

powers provided by Section 6 of Article VII of the Illinois

Constitution or which ad valorem taxes are other than ad

valorem taxes which may be pledged under home rule powers

provided by Section 6 of Article VII of the Illinois

Constitution or which are levied in a special service area

pursuant to the Special Service Area Tax Law, the ordinance

authorizing the issuance of those obligations or pledging those

taxes shall be published within 10 days after the ordinance has

been adopted, in a newspaper having a general circulation

within the municipality. The publication of the ordinance shall

be accompanied by a notice of (i) the specific number of voters

required to sign a petition requesting the question of the

issuance of the obligations or pledging such ad valorem taxes

to be submitted to the electors; (ii) the time within which the

petition must be filed; and (iii) the date of the prospective

referendum. The municipal clerk shall provide a petition form

to any individual requesting one.

If no petition is filed with the municipal clerk, as

hereinafter provided in this Section, within 21 days after the

publication of the ordinance, the ordinance shall be in effect.

However, if within that 21-day period a petition is filed with

the municipal clerk, signed by electors numbering not less than

15% of the number of electors voting for the mayor or president

at the last general municipal election, asking that the

question of issuing obligations using full faith and credit of

the municipality as security for the cost of paying or

reimbursing business district project costs, or of pledging

such ad valorem taxes for the payment of those obligations, or

both, be submitted to the electors of the municipality, the

municipality shall not be authorized to issue obligations of

the municipality using the full faith and credit of the

municipality as security or pledging such ad valorem taxes for

the payment of those obligations, or both, until the

proposition has been submitted to and approved by a majority of

the voters voting on the proposition at a regularly scheduled

election. The municipality shall certify the proposition to the

proper election authorities for submission in accordance with

the general election law.

The ordinance authorizing the obligations may provide that

the obligations shall contain a recital that they are issued

pursuant to this Law, which recital shall be conclusive

evidence of their validity and of the regularity of their

issuance.

In the event the municipality authorizes issuance of

obligations pursuant to this Law secured by the full faith and

credit of the municipality, the ordinance authorizing the

obligations may provide for the levy and collection of a direct

annual tax upon all taxable property within the municipality

sufficient to pay the principal thereof and interest thereon as

it matures, which levy may be in addition to and exclusive of

the maximum of all other taxes authorized to be levied by the

municipality, which levy, however, shall be abated to the

extent that monies from other sources are available for payment

of the obligations and the municipality certifies the amount of

those monies available to the county clerk.

A certified copy of the ordinance shall be filed with the

county clerk of each county in which any portion of the

municipality is situated, and shall constitute the authority

for the extension and collection of the taxes to be deposited

in the business district tax allocation fund.

A municipality may also issue its obligations to refund, in

whole or in part, obligations theretofore issued by the

municipality under the authority of this Law, whether at or

prior to maturity. However, the last maturity of the refunding

obligations shall not be expressed to mature later than the

dissolution date.

In the event a municipality issues obligations under home

rule powers or other legislative authority, the proceeds of

which are pledged to pay or reimburse business district project

costs, the municipality may, if it has followed the procedures

in conformance with this Law, retire those obligations from

funds in the business district tax allocation fund in amounts

and in such manner as if those obligations had been issued

pursuant to the provisions of this Law.

No obligations issued pursuant to this Law shall be

regarded as indebtedness of the municipality issuing those

obligations or any other taxing district for the purpose of any

limitation imposed by law.

Obligations issued pursuant to this Law shall not be

subject to the provisions of the Bond Authorization Act.

(f) When business district project costs, including,

without limitation, all obligations paying or reimbursing

business district project costs have been paid, any surplus

funds then remaining in the Business District Tax Allocation

Fund shall be distributed to the municipal treasurer for

deposit into the general corporate fund of the municipality.

Upon payment of all business district project costs and

retirement of all obligations paying or reimbursing business

district project costs, but in no event more than 23 years

after the date of adoption of the ordinance imposing taxes

pursuant to subsection (10) or (11) of Section 11-74.3-3, the

municipality shall adopt an ordinance immediately rescinding

the taxes imposed pursuant to subsection (10) or (11) of

Section 11-74.3-3.

(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;

96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)

(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)

Sec. 11-95-13. The corporate authorities of a municipality

specified in Section 11-95-2 and a recreation board specified

in Section 11-95-3 are authorized to establish, maintain and

manage recreational programs for persons with disabilities the

handicapped, including both persons with mental disabilities

and persons with physical disabilities mentally and physically

handicapped, to provide transportation for persons with

disabilities the handicapped to and from such programs, to

provide for such examination of participants in such programs

as may be deemed necessary, to charge fees for participating in

such programs, the fee charged for non-residents of such

municipality need not be the same as the fees charged the

residents of the municipality, and to charge fees for

transportation furnished to participants.

(Source: P.A. 76-806.)

(65 ILCS 5/11-95-14) (from Ch. 24, par. 11-95-14)

Sec. 11-95-14. The corporate authorities of any 2 or more

municipalities specified in Section 11-95-2 and any 2 or more

recreation boards specified in Section 11-95-3, or any

combination thereof, are authorized to take any action jointly

relating to recreational programs for persons with

disabilities the handicapped that could be taken individually

and to enter into agreements with other such recreation boards,

corporate authorities and park districts or any combination

thereof, for the purpose of providing for the establishment,

maintenance and management of joint recreational programs for

persons with disabilities the handicapped of all the

participating districts and municipal areas, including

provisions for transportation of participants, procedures for

approval of budgets, authorization of expenditures and sharing

of expenses, location of recreational areas in the area of any

of the participating districts and municipalities, acquisition

of real estate by gift, legacy, grant, or purchase, employment

of a director and other professional workers for such program

who may be employed by one participating district, municipality

or board which shall be reimbursed on a mutually agreed basis

by the other municipalities, districts and boards that are

parties to the joint agreement, authorization for one

municipality, board or district to supply professional workers

for a joint program conducted in another municipality or

district and to provide other requirements for operation of

such joint program as may be desirable. The corporate

authorities of any municipality that is a party to a joint

agreement entered into under this Section may levy and collect

a tax, in the manner provided by law for the levy and

collection of other municipal taxes in the municipality but in

addition to taxes for general purposes authorized by Section

8-3-1 or levied as limited by any provision of a special

charter under which the municipality is incorporated, at not to

exceed .04% of the value, as equalized or assessed by the

Department of Revenue, of all taxable property within the

municipality for the purpose of funding that municipality's

share of the expenses for providing the programs under that

joint agreement. However, no tax may be levied pursuant to this

Section in any area in which a tax is levied under Section 5-8

of the Park District Code.

(Source: P.A. 92-230, eff. 1-1-02.)

Section 375. The Flood Prevention District Act is amended

by changing Section 25 as follows:

(70 ILCS 750/25)

Sec. 25. Flood prevention retailers' and service

occupation taxes.

(a) If the Board of Commissioners of a flood prevention

district determines that an emergency situation exists

regarding levee repair or flood prevention, and upon an

ordinance confirming the determination adopted by the

affirmative vote of a majority of the members of the county

board of the county in which the district is situated, the

county may impose a flood prevention retailers' occupation tax

upon all persons engaged in the business of selling tangible

personal property at retail within the territory of the

district to provide revenue to pay the costs of providing

emergency levee repair and flood prevention and to secure the

payment of bonds, notes, and other evidences of indebtedness

issued under this Act for a period not to exceed 25 years or as

required to repay the bonds, notes, and other evidences of

indebtedness issued under this Act. The tax rate shall be 0.25%

of the gross receipts from all taxable sales made in the course

of that business. The tax imposed under this Section and all

civil penalties that may be assessed as an incident thereof

shall be collected and enforced by the State Department of

Revenue. The Department shall have full power to administer and

enforce this Section; to collect all taxes and penalties so

collected in the manner hereinafter provided; and to determine

all rights to credit memoranda arising on account of the

erroneous payment of tax or penalty hereunder.

In the administration of and compliance with this

subsection, the Department and persons who are subject to this

subsection (i) have the same rights, remedies, privileges,

immunities, powers, and duties, (ii) are subject to the same

conditions, restrictions, limitations, penalties, and

definitions of terms, and (iii) shall employ the same modes of

procedure as are set forth in Sections 1 through 1o, 2 through

2-70 (in respect to all provisions contained in those Sections

other than the State rate of tax), 2a through 2h, 3 (except as

to the disposition of taxes and penalties collected), 4, 5, 5a,

5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10,

11, 11a, 12, and 13 of the Retailers' Occupation Tax Act and

all provisions of the Uniform Penalty and Interest Act as if

those provisions were set forth in this subsection.

Persons subject to any tax imposed under this Section may

reimburse themselves for their seller's tax liability

hereunder by separately stating the tax as an additional

charge, which charge may be stated in combination in a single

amount with State taxes that sellers are required to collect

under the Use Tax Act, under any bracket schedules the

Department may prescribe.

If a tax is imposed under this subsection (a), a tax shall

also be imposed under subsection (b) of this Section.

(b) If a tax has been imposed under subsection (a), a flood

prevention service occupation tax shall also be imposed upon

all persons engaged within the territory of the district in the

business of making sales of service, who, as an incident to

making the sales of service, transfer tangible personal

property, either in the form of tangible personal property or

in the form of real estate as an incident to a sale of service

to provide revenue to pay the costs of providing emergency

levee repair and flood prevention and to secure the payment of

bonds, notes, and other evidences of indebtedness issued under

this Act for a period not to exceed 25 years or as required to

repay the bonds, notes, and other evidences of indebtedness.

The tax rate shall be 0.25% of the selling price of all

tangible personal property transferred.

The tax imposed under this subsection and all civil

penalties that may be assessed as an incident thereof shall be

collected and enforced by the State Department of Revenue. The

Department shall have full power to administer and enforce this

subsection; to collect all taxes and penalties due hereunder;

to dispose of taxes and penalties collected in the manner

hereinafter provided; and to determine all rights to credit

memoranda arising on account of the erroneous payment of tax or

penalty hereunder.

In the administration of and compliance with this

subsection, the Department and persons who are subject to this

subsection shall (i) have the same rights, remedies,

privileges, immunities, powers, and duties, (ii) be subject to

the same conditions, restrictions, limitations, penalties, and

definitions of terms, and (iii) employ the same modes of

procedure as are set forth in Sections 2 (except that the

reference to State in the definition of supplier maintaining a

place of business in this State means the district), 2a through

2d, 3 through 3-50 (in respect to all provisions contained in

those Sections other than the State rate of tax), 4 (except

that the reference to the State shall be to the district), 5,

7, 8 (except that the jurisdiction to which the tax is a debt

to the extent indicated in that Section 8 is the district), 9

(except as to the disposition of taxes and penalties

collected), 10, 11, 12 (except the reference therein to Section

2b of the Retailers' Occupation Tax Act), 13 (except that any

reference to the State means the district), Section 15, 16, 17,

18, 19, and 20 of the Service Occupation Tax Act and all

provisions of the Uniform Penalty and Interest Act, as fully as

if those provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this subsection may reimburse themselves for their

serviceman's tax liability hereunder by separately stating the

tax as an additional charge, that charge may be stated in

combination in a single amount with State tax that servicemen

are authorized to collect under the Service Use Tax Act, under

any bracket schedules the Department may prescribe.

(c) The taxes imposed in subsections (a) and (b) may not be

imposed on personal property titled or registered with an

agency of the State; food for human consumption that is to be

consumed off the premises where it is sold (other than

alcoholic beverages, soft drinks, and food that has been

prepared for immediate consumption); prescription and

non-prescription medicines, drugs, and medical appliances;

modifications to a motor vehicle for the purpose of rendering

it usable by a person with a disability disabled person; or

insulin, urine testing materials, and syringes and needles used

by diabetics.

(d) Nothing in this Section shall be construed to authorize

the district to impose a tax upon the privilege of engaging in

any business that under the Constitution of the United States

may not be made the subject of taxation by the State.

(e) The certificate of registration that is issued by the

Department to a retailer under the Retailers' Occupation Tax

Act or a serviceman under the Service Occupation Tax Act

permits the retailer or serviceman to engage in a business that

is taxable without registering separately with the Department

under an ordinance or resolution under this Section.

(f) The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected under this Section to be deposited into the Flood

Prevention Occupation Tax Fund, which shall be an

unappropriated trust fund held outside the State treasury.

On or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

disbursement of stated sums of money to the counties from which

retailers or servicemen have paid taxes or penalties to the

Department during the second preceding calendar month. The

amount to be paid to each county is equal to the amount (not

including credit memoranda) collected from the county under

this Section during the second preceding calendar month by the

Department, (i) less 2% of that amount, which shall be

deposited into the Tax Compliance and Administration Fund and

shall be used by the Department in administering and enforcing

the provisions of this Section on behalf of the county, (ii)

plus an amount that the Department determines is necessary to

offset any amounts that were erroneously paid to a different

taxing body; (iii) less an amount equal to the amount of

refunds made during the second preceding calendar month by the

Department on behalf of the county; and (iv) less any amount

that the Department determines is necessary to offset any

amounts that were payable to a different taxing body but were

erroneously paid to the county. When certifying the amount of a

monthly disbursement to a county under this Section, the

Department shall increase or decrease the amounts by an amount

necessary to offset any miscalculation of previous

disbursements within the previous 6 months from the time a

miscalculation is discovered.

Within 10 days after receipt by the Comptroller from the

Department of the disbursement certification to the counties

provided for in this Section, the Comptroller shall cause the

orders to be drawn for the respective amounts in accordance

with directions contained in the certification.

If the Department determines that a refund should be made

under this Section to a claimant instead of issuing a credit

memorandum, then the Department shall notify the Comptroller,

who shall cause the order to be drawn for the amount specified

and to the person named in the notification from the

Department. The refund shall be paid by the Treasurer out of

the Flood Prevention Occupation Tax Fund.

(g) If a county imposes a tax under this Section, then the

county board shall, by ordinance, discontinue the tax upon the

payment of all indebtedness of the flood prevention district.

The tax shall not be discontinued until all indebtedness of the

District has been paid.

(h) Any ordinance imposing the tax under this Section, or

any ordinance that discontinues the tax, must be certified by

the county clerk and filed with the Illinois Department of

Revenue either (i) on or before the first day of April,

whereupon the Department shall proceed to administer and

enforce the tax or change in the rate as of the first day of

July next following the filing; or (ii) on or before the first

day of October, whereupon the Department shall proceed to

administer and enforce the tax or change in the rate as of the

first day of January next following the filing.

(j) County Flood Prevention Occupation Tax Fund. All

proceeds received by a county from a tax distribution under

this Section must be maintained in a special fund known as the

[name of county] flood prevention occupation tax fund. The

county shall, at the direction of the flood prevention

district, use moneys in the fund to pay the costs of providing

emergency levee repair and flood prevention and to pay bonds,

notes, and other evidences of indebtedness issued under this

Act.

(k) This Section may be cited as the Flood Prevention

Occupation Tax Law.

(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)

Section 380. The Downstate Forest Preserve District Act is

amended by changing Section 6 as follows:

(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)

Sec. 6. Acquisition of property. Any such District shall

have power to acquire lands and grounds for the aforesaid

purposes by lease, or in fee simple by gift, grant, legacy,

purchase or condemnation, or to acquire easements in land, and

to construct, lay out, improve and maintain wells, power

plants, comfort stations, shelter houses, paths, driveways,

public roads, roadways and other improvements and facilities in

and through such forest preserves as they shall deem necessary

or desirable for the use of such forest preserves by the public

and may acquire, develop, improve and maintain waterways in

conjunction with the district. No district with a population

less than 600,000 shall have the power to purchase, condemn,

lease or acquire an easement in property within a municipality

without the concurrence of the governing body of the

municipality, except where such district is acquiring land for

a linear park or trail not to exceed 100 yards in width or is

acquiring land contiguous to an existing park or forest

preserve, and no municipality shall annex any land for the

purpose of defeating a District acquisition once the District

has given notice of intent to acquire a specified parcel of

land. No district with a population of less than 500,000 shall

(i) have the power to condemn property for a linear park or

trail within a municipality without the concurrence of the

governing body of the municipality or (ii) have the power to

condemn property for a linear park or trail in an

unincorporated area without the concurrence of the governing

body of the township within which the property is located or

(iii) once having commenced a proceeding to acquire land by

condemnation, dismiss or abandon that proceeding without the

consent of the property owners. No district shall establish a

trail surface within 50 feet of an occupied dwelling which was

in existence prior to the approval of the acquisition by the

district without obtaining permission of the owners of the

premises or the concurrence of the governing body of the

municipality or township within which the property is located.

All acquisitions of land by a district with a population less

than 600,000 within 1 1/2 miles of a municipality shall be

preceded by a conference with the mayor or president of the

municipality or his designated agent. If a forest preserve

district is in negotiations for acquisition of land with owners

of land adjacent to a municipality, the annexation of that land

shall be deferred for 6 months. The district shall have no

power to acquire an interest in real estate situated outside

the district by the exercise of the right of eminent domain, by

purchase or by lease, but shall have the power to acquire any

such property, or an easement in any such property, which is

contiguous to the district by gift, legacy, grant, or lease by

the State of Illinois, subject to approval of the county board

of the county, and of any forest preserve district or

conservation district, within which the property is located.

The district shall have the same control of and power over

land, an interest in which it has so acquired, as over forest

preserves within the district. If any of the powers to acquire

lands and hold or improve the same given to Forest Preserve

Districts, by Sections 5 and 6 of this Act should be held

invalid, such invalidity shall not invalidate the remainder of

this Act or any of the other powers herein given and conferred

upon the Forest Preserve Districts. Such Forest Preserve

Districts shall also have power to lease not to exceed 40 acres

of the lands and grounds acquired by it, for a term of not more

than 99 years to veterans' organizations as grounds for

convalescing sick veterans and veterans with disabilities and

disabled veterans, and as a place upon which to construct

rehabilitation quarters, or to a county as grounds for a county

nursing home or convalescent home. Any such Forest Preserve

District shall also have power to grant licenses, easements and

rights-of-way for the construction, operation and maintenance

upon, under or across any property of such District of

facilities for water, sewage, telephone, telegraph, electric,

gas or other public service, subject to such terms and

conditions as may be determined by such District.

Any such District may purchase, but not condemn, a parcel

of land and sell a portion thereof for not less than fair

market value pursuant to resolution of the Board. Such

resolution shall be passed by the affirmative vote of at least

2/3 of all members of the board within 30 days after

acquisition by the district of such parcel.

The corporate authorities of a forest preserve district

that (i) is located in a county that has more than 700,000

inhabitants, (ii) borders a county that has 1,000,000 or more

inhabitants, and (iii) also borders another state, by ordinance

or resolution, may authorize the sale or public auction of a

structure located on land owned by the district if (i) the

structure existed on the land prior to the district's

acquisition of the land, (ii) two-thirds of the members of the

board of commissioners then holding office find that the

structure is not necessary or is not useful to or for the best

interest of the forest preserve district, (iii) a condition of

sale or auction requires the transferee of the structure to

remove the structure from district land, and (iv) prior to the

sale or auction, the fair market value of the structure is

determined by a written MAI-certified appraisal or by a written

certified appraisal of a State certified or licensed real

estate appraiser and the appraisal is available for public

inspection. The ordinance or resolution shall (i) direct the

sale to be conducted by the staff of the district, a listing

with local licensed real estate agencies (in which case the

terms of the agent's compensation shall be included in the

ordinance or resolution), or by public auction, (ii) be

published within 7 days after its passage in a newspaper

published in the district, and (iii) contain pertinent

information concerning the nature of the structure and any

terms or conditions of sale or auction. No earlier than 14 days

after the publication, the corporate authorities may accept any

offer for the structure determined by them to be in the best

interest of the district by a vote of two-thirds of the

corporate authorities then holding office.

Whenever the board of any forest preserve district

determines that the public interest will be subserved by

vacating any street, roadway, or driveway, or part thereof,

located within a forest preserve, it may vacate that street,

roadway, or driveway, or part thereof, by an ordinance passed

by the affirmative vote of at least 3/4 of all the members of

the board, except that the affirmative vote of at least 6/7 of

all the members of the board is required if the board members

are elected under Section 3c of this Act. This vote shall be

taken by ayes and nays and entered in the records of the board.

The determination of the board that the nature and extent

of the public use or public interest to be subserved is such as

to warrant the vacation of any street, roadway, or driveway, or

part thereof, is conclusive, and the passage of such an

ordinance is sufficient evidence of that determination,

whether so recited in the ordinance or not. The relief to the

public from further burden and responsibility of maintaining

any street, roadway or driveway, or part thereof, constitutes a

public use or public interest authorizing the vacation.

Nothing contained in this Section shall be construed to

authorize the board of any forest preserve district to vacate

any street, roadway, or driveway, or part thereof, that is part

of any State or county highway.

When property is damaged by the vacation or closing of any

street, roadway, or driveway, or part thereof, damage shall be

ascertained and paid as provided by law.

Except in cases where the deed, or other instrument

dedicating a street, roadway, or driveway, or part thereof, has

expressly provided for a specific devolution of the title

thereto upon the abandonment or vacation thereof, and except

where such street, roadway or driveway, or part thereof, is

held by the district by lease, or where the district holds an

easement in the land included within the street, roadway or

driveway, whenever any street, roadway, or driveway, or part

thereof is vacated under or by virtue of any ordinance of any

forest preserve district, the title to the land in fee simple

included within the street, roadway, or driveway, or part

thereof, so vacated vests in the forest preserve district.

The board of any forest preserve district is authorized to

sell at fair market price, gravel, sand, earth and any other

material obtained from the lands and waters owned by the

district.

For the purposes of this Section, "acquiring land" includes

acquiring a fee simple, lease or easement in land.

(Source: P.A. 97-851, eff. 7-26-12.)

Section 385. The Cook County Forest Preserve District Act

is amended by changing Section 8 as follows:

(70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)

Sec. 8. Any forest preserve district shall have power to

acquire easements in land, lands in fee simple and grounds

within such district for the aforesaid purposes by gift, grant,

legacy, purchase or condemnation and to construct, lay out,

improve and maintain wells, power plants, comfort stations,

shelter houses, paths, driveways, roadways and other

improvements and facilities in and through such forest

preserves as it shall deem necessary or desirable for the use

of such forest preserves by the public. Such forest preserve

districts shall also have power to lease not to exceed 40 acres

of the lands and grounds acquired by it, for a term of not more

than 99 years to veterans' organizations as grounds for

convalescing sick veterans and veterans with disabilities and

disabled veterans, and as a place upon which to construct

rehabilitation quarters, or to a county as grounds for a county

nursing home or convalescent home. Any such forest preserve

district shall also have power to grant licenses, easements and

rights-of-way for the construction, operation and maintenance

upon, under or across any property of such district of

facilities for water, sewage, telephone, telegraph, electric,

gas or other public service, subject to such terms and

conditions as may be determined by such district.

Whenever the board determines that the public interest will

be subserved by vacating any street, roadway, or driveway, or

part thereof, located within a forest preserve, it may vacate

that street, roadway, or driveway, or part thereof, by an

ordinance passed by the affirmative vote of at least 3/4 of all

the members of the board.

The determination of the board that the nature and extent

of the public use or public interest to be subserved is such as

to warrant the vacation of any street, roadway, or driveway, or

part thereof, is conclusive, and the passage of such an

ordinance is sufficient evidence of that determination,

whether so recited in the ordinance or not. The relief to the

public from further burden and responsibility of maintaining

any street, roadway or driveway, or part thereof, constitutes a

public use or public interest authorizing the vacation.

Nothing contained in this Section shall be construed to

authorize the board to vacate any street, roadway, or driveway,

or part thereof, that is part of any State or county highway.

When property is damaged by the vacation or closing of any

street, roadway, or driveway, or part thereof, damage shall be

ascertained and paid as provided by law.

Except in cases where the deed, or other instrument

dedicating a street, roadway, or driveway, or part thereof, has

expressly provided for a specific devolution of the title

thereto upon the abandonment or vacation thereof, whenever any

street, roadway, or driveway, or part thereof is vacated under

or by virtue of any ordinance of any forest preserve district,

the title to the land in fee simple included within the street,

roadway, or driveway, or part thereof, so vacated vests in the

forest preserve district.

The board of any forest preserve district is authorized to

sell at fair market price, gravel, sand, earth and any other

material obtained from the lands and waters owned by the

district.

(Source: P.A. 98-281, eff. 8-9-13.)

Section 390. The Park District Code is amended by changing

Sections 5-8, 5-10, 8-10a, and 8-10b as follows:

(70 ILCS 1205/5-8) (from Ch. 105, par. 5-8)

Sec. 5-8. Any park district that is a party to a joint

agreement to provide recreational programs for persons with

disabilities the handicapped under Section 8-10b of this Code

may levy and collect annually a tax of not to exceed .04% of

the value, as equalized or assessed by the Department of

Revenue of all taxable property in the district for the purpose

of funding the district's share of the expenses of providing

these programs under that joint agreement, which tax shall be

levied and collected in like manner as the general taxes for

the district. Such tax shall be in addition to all other taxes

authorized by law to be levied and collected in the district

and shall not be included within any limitation of rate

contained in this Code or any other law, but shall be excluded

therefrom, in addition thereto and in excess thereof. However,

no tax may be levied pursuant to this Section in any area in

which a tax is levied under Section 11-95-14 of the Illinois

Municipal Code.

(Source: P.A. 85-124.)

(70 ILCS 1205/5-10) (from Ch. 105, par. 5-10)

Sec. 5-10. Whenever, as a result of any lawful order of any

agency, other than a park district board, having authority to

enforce any law or regulation designed for the protection,

health or safety of employees or visitors, or any law or

regulation for the protection and safety of the environment,

pursuant to the "Environmental Protection Act", any local park

district, is required to alter or repair any physical

facilities, or whenever after the effective date of this

amendatory Act of 1985 any such district determines that it is

necessary for health and safety, environmental protection,

handicapped accessibility or energy conservation purposes that

any physical facilities be altered or repaired, such district

may, by proper resolution which specifically identifies the

project and which is adopted pursuant to the provisions of the

Open Meetings Act and upon the approval of a proposition by a

majority of the electors voting thereon specifying the rate,

levy a tax for the purpose of paying such alterations or

repairs, or survey by a licensed architect or engineer, upon

the equalized assessed value of all the taxable property of the

district at the specified rate not to exceed .10% per year for

a period sufficient to finance such alterations or repairs,

upon the following conditions:

(a) When in the judgment of the local park district board

of commissioners there are not sufficient funds available in

the operations, building and maintenance fund of the district

to pay for such alterations or repairs so ordered or determined

as necessary.

(b) When a certified estimate of a licensed architect or

engineer stating the estimated amount of not less than $25,000

that is necessary to make the alterations or repairs so ordered

or determined as necessary has been secured by the local park

district.

The filing of a certified copy of the resolution or

ordinance levying the tax shall be the authority of the county

clerk or clerks to extend such tax; provided, that in no event

shall the extension of such tax for the current and preceding

years, if any, under this Section be greater than the amount so

approved, and in the event such current extension and preceding

extensions exceed such approval and interest, it shall be

reduced proportionately.

The county clerk of each of the counties in which any park

district levying a tax under the authority of this Section is

located, in reducing raised levies, shall not consider any such

tax as a part of the general levy for park district purposes

and shall not include the same in the limitation of any other

tax rate which may be extended. Such tax shall be levied and

collected in like manner as all other taxes of park districts.

The proposition to impose a tax under this Section may be

initiated by resolution of the local park district board and

shall be certified by the secretary of the local park district

board to the proper election authorities for submission in

accordance with the general election law.

(Source: P.A. 84-849.)

(70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)

Sec. 8-10a.

Every Park District is authorized to establish, maintain

and manage recreational programs for persons with disabilities

the handicapped, including both persons with mental

disabilities and persons with physical disabilities mentally

and physically handicapped, to provide transportation for

persons with disabilities the handicapped to and from such

programs, to provide for such examination of participants in

such programs as may be deemed necessary, to charge fees for

participating in such programs, the fee charged for

non-residents of such district need not be the same as the fees

charged the residents of the district, and to charge fees for

transportation furnished to participants.

(Source: P.A. 76-805.)

(70 ILCS 1205/8-10b) (from Ch. 105, par. 8-10.2)

Sec. 8-10b. Joint recreational programs for persons with

disabilities the handicapped. Any 2 or more park districts, or

in counties with a population of 300,000 or less, a single park

district and another unit of local government, are authorized

to take any action jointly relating to recreational programs

for persons with disabilities the handicapped that could be

taken individually and to enter into agreements with other park

districts and recreation boards and the corporate authorities

of cities, villages and incorporated towns specified in

Sections 11-95-2 and 11-95-3 of the "Illinois Municipal Code",

approved May 29, 1961, as amended, or any combination thereof,

for the purpose of providing for the establishment, maintenance

and management of joint recreational programs for persons with

disabilities the handicapped of all the participating

districts and municipal areas, including provisions for

transportation of participants, procedures for approval of

budgets, authorization of expenditures and sharing of

expenses, location of recreational areas in the area of any of

the participating districts and municipalities, acquisition of

real estate by gift, legacy, grant, or purchase, employment of

a director and other professional workers for such program who

may be employed by one participating district, municipality or

board which shall be reimbursed on a mutually agreed basis by

the other districts, municipalities and boards that are parties

to the joint agreement, authorization for one municipality,

board or district to supply professional workers for a joint

program conducted in another municipality or district and to

provide other requirements for operation of such joint program

as may be desirable.

(Source: P.A. 92-230, eff. 1-1-02.)

Section 395. The Chicago Park District Act is amended by

changing Section 7.06 as follows:

(70 ILCS 1505/7.06)

Sec. 7.06. Recreational programs for persons with

disabilities the handicapped; tax.

(a) The Chicago Park District is authorized to establish,

maintain, and manage recreational programs for persons with

disabilities the handicapped, including both persons with

mental disabilities and persons with physical disabilities

mentally and physically handicapped, to provide transportation

for persons with disabilities the handicapped to and from these

programs, to provide for the examination of participants in

such programs as deemed necessary, to charge fees for

participating in the programs (the fee charged for

non-residents of the district need not be the same as the fees

charged the residents of the district), and to charge fees for

transportation furnished to participants.

(b) For the purposes of the recreational programs for

persons with disabilities the handicapped established under

this Section, the Chicago Park District is authorized to adopt

procedures for approval of budgets, authorization of

expenditures, location of recreational areas, acquisition of

real estate by gift, legacy, grant, or purchase, and employment

of a director and other professional workers for the programs.

(c) For the purposes of providing recreational programs for

persons with disabilities the handicapped under this Section,

the Chicago Park District may levy and collect annually a tax

of not to exceed .04% of the value, as equalized or assessed by

the Department of Revenue, of all taxable property in the

district for the purpose of funding the district's expenses of

providing these programs. This tax shall be levied and

collected in like manner as the general taxes for the district.

The tax shall be in addition to all other taxes authorized by

law to be levied and collected in the district and shall not be

included within any limitation of rate contained in this Act or

any other law, but shall be excluded therefrom, in addition

thereto, and in excess thereof.

(Source: P.A. 93-612, eff. 11-18-03.)

Section 400. The Metro-East Park and Recreation District

Act is amended by changing Section 15 as follows:

(70 ILCS 1605/15)

Sec. 15. Creation of District; referendum.

(a) The governing body of a county may, by resolution,

elect to create the Metro-East Park and Recreation District.

The Metro-East District shall be established at a referendum on

the question of the formation of the District that is submitted

to the electors of a county at a regular election and approved

by a majority of the electors voting on the question. The

governing body must certify the question to the proper election

authority, which must submit the question at an election in

accordance with the Election Code.

The question must be submitted in substantially the

following form:

Shall the Metro-East Park and Recreation District be

created for the purposes of improving water quality;

increasing park safety; providing neighborhood trails;

improving, restoring, and expanding parks; providing

disabled and expanded public access and access to persons

with disabilities to recreational areas; preserving

natural lands for wildlife; and maintaining other

recreation grounds within the boundaries of the Metro-East

Park and Recreation District; and shall (name of county)

join any other counties in the Metro-East region that

approve the formation of the Metro-East Park and Recreation

District, with the authority to impose a Metro-East Park

and Recreation District Retailers' Occupation Tax at a rate

of one-tenth of 1% upon all persons engaged in the business

of selling tangible personal property at retail in the

district on gross receipts on the sales made in the course

of their business for the purposes stated above, with 50%

of the revenue going to the Metro-East Park and Recreation

District and 50% of the revenue returned to the county from

which the tax was collected?

The votes must be recorded as "Yes" or "No"

In the proposed Metro-East District that consists of only

one county, if a majority of the electors in that county voting

on the question vote in the affirmative, the Metro-East

District may be organized. In the proposed Metro-East District

that consists of more than one county, if a majority of the

electors in any county proposed for inclusion in the District

voting on the question vote in the affirmative, the Metro-East

District may be organized and that county may be included in

the District.

(b) After the Metro-East District has been created, any

county eligible for inclusion in the Metro-East District may

join the District after the county submits the question of

joining the District to the electors of the county at a regular

election. The county board must submit the question to the

proper election authority, which must submit the question at an

election in accordance with the Election Code.

The question must be submitted in substantially the

following form:

Shall (name of county) join the Metro-East Park and

Recreation District with the authority to impose a

Metro-East Park and Recreation District Retailers'

Occupation Tax at a rate of one-tenth of 1% upon all

persons engaged in the business of selling tangible

personal property at retail in the district on gross

receipts on the sales made in the course of their business,

with 50% of the revenue going to the Metro-East Park and

Recreation District and 50% of the revenue returned to the

county from which the tax was collected?

The votes must be recorded as "Yes" or "No".

If a majority of the electors voting on the question vote

in the affirmative, the county shall be included in the

District.

(Source: P.A. 91-103, eff. 7-13-99.)

Section 405. The Metro East Police District Act is amended

by changing Section 10 as follows:

(70 ILCS 1750/10)

(Section scheduled to be repealed on December 31, 2019)

Sec. 10. Metro East Police District Commission.

(a) The governing and administrative powers of the Metro

East Police District shall be vested in a body politic and

corporate named the Metro East Police District Commission,

whose powers are the following:

(1) To apply for, accept and expend grants, loans, or

appropriations from the State of Illinois, the federal

government, any State or federal agency or

instrumentality, any unit of local government, or any other

person or entity to be used for any of the purposes of the

District. The Commission may enter into any agreement with

the State of Illinois, the federal government, any State or

federal instrumentality, any unit of local government, or

any other person or entity in relation to grants, matching

grants, loans, or appropriations. The Commission may

provide grants, loans, or appropriations for law

enforcement purposes to any unit of local government within

the District.

(2) To enter into contracts or agreements with persons

or entities for the supply of goods or services as may be

necessary for the purposes of the District.

(3) To acquire fee simple title to real property lying

within the District and personal property required for its

purposes, by gift, purchase, contract, or otherwise for law

enforcement purposes including evidence storage, records

storage, equipment storage, detainment facilities,

training facilities, office space and other purposes of the

District. Title shall be taken in the name of the

Commission. The Commission may acquire by lease any real

property located within the District and personal property

found by the Commission to be necessary for its purposes

and to which the Commission finds that it need not acquire

fee simple title for carrying out of those purposes. The

Commission has no eminent domain powers or quick-take

powers under this provision.

(4) To establish by resolution rules and regulations

that the police departments within the District may adopt

concerning: officer ethics; the carry and use of weapons;

search and seizure procedures; procedures for arrests with

and without warrants; alternatives to arrest; the use of

officer discretion; strip searches and body cavity

searches; profiling; use of reasonable force; use of deadly

force; use of authorized less than lethal weapons;

reporting uses of force; weapons and ammunition; weapons

proficiency and training; crime analysis; purchasing and

requisitions; department property; inventory and control;

issue and reissue; recruitment; training attendance;

lesson plans; remedial training; officer training record

maintenance; department animals; response procedures;

pursuit of motor vehicles; roadblocks and forcible stops;

missing or mentally ill persons; use of equipment; use of

vehicle lights and sirens; equipment specifications and

maintenance; vehicle safety restraints; authorized

personal equipment; protective vests and high risk

situations; mobile data access; in-car video and audio;

case file management; investigative checklists;

informants; cold cases; polygraphs; shift briefings;

interviews of witnesses and suspects; line-ups and

show-ups; confidential information; juvenile operations;

offenders, custody, and interrogation; crime prevention

and community interface; critical incident response and

planning; hostage negotiation; search and rescue; special

events; personnel, equipment, and facility inspections;

victim/witness rights, preliminary contact, and follow up;

next of kin notification; traffic stops and approaches;

speed-measuring devices; DUI procedures; traffic collision

reporting and investigation; citation inventory, control

and administration; escorts; towing procedures; detainee

searches and transportation; search and inventory of

vehicles; escape prevention procedures and detainee

restraint; sick and injured detainees and detainees with

disabilities , injured, and disabled detainees; vehicle

safety; holding facility standards; collection and

preservation of evidence including but not limited to

photos, video, fingerprints, computers, records, DNA

samples, controlled substances, weapons, and physical

evidence; police report standards and format; submission

of evidence to laboratories; follow up of outstanding

cases; and application for charges with the State's

Attorney, United States Attorney, Attorney General, or

other prosecuting authority.

Any police department located within the Metro East

Police District that does not adopt any rule or regulation

established by resolution by the Commission shall not be

eligible to receive funds from the Metro East Police

District Fund.

The adoption of any policies or procedures pursuant to

this Section shall not be inconsistent with any rights

under current collective bargaining agreements, the

Illinois Public Labor Relations Act or other laws governing

collective bargaining.

(5) No later than one year after the effective date of

this Act, to assume for police departments within the

District the authority to make application for and accept

financial grants or contributions of services from any

public or private source for law enforcement purposes.

(6) To develop a comprehensive plan for improvement and

maintenance of law enforcement facilities within the

District.

(7) To advance police departments within the District

towards accreditation by the national Commission for the

Accreditation of Law Enforcement Agencies (CALEA) within 3

years after creation of the District.

(b) The Commission shall consist of 14 appointed members

and 3 ex-officio members. Seven members shall be appointed by

the Governor with the advice and consent of the Senate, one of

whom shall represent an organization that represents the

largest number of police officers employed by the

municipalities described by Section 5 of this Act. Four members

shall be appointed by the Mayor of East Saint Louis, with the

advice and consent of the city council. One member each shall

be appointed by the Village Presidents of Washington Park,

Alorton, and Brooklyn, with the advice and consent of the

respective village boards. All appointed members shall hold

office for a term of 2 years ending on December 31 and until

their successors are appointed and qualified. The Mayor of East

Saint Louis, with the approval of the city council, may serve

as one of the members appointed for East Saint Louis, and the

Village Presidents of Washington Park, Alorton, and Brooklyn,

with the approval of their respective boards, may serve as the

member for their respective municipalities.

A member may be removed by his or her appointing authority

for incompetence, neglect of duty, or malfeasance in office.

The Director of the Illinois State Police, or his or her

designee, the State's Attorney of St. Clair County, or his or

her designee, and the Director of the Southern Illinois Law

Enforcement Commission, or his or her designee, shall serve as

ex-officio members. Ex-officio members may only vote on matters

before the Commission in the event of a tie vote.

(c) Any vacancy in the appointed membership of the

Commission occurring by reason of the death, resignation,

disqualification, removal, or inability or refusal to act of

any of the members of the Commission shall be filled by the

authority that had appointed the particular member, and for the

unexpired term of office of that particular member.

(d) The Commission shall hold regular meetings annually for

the election of a chair, vice-chair, secretary, and treasurer,

for the adoption of a budget, and monthly for other business as

may be necessary. The Commission shall establish the duties and

responsibilities of its officers by rule. The chair, or any 9

members of the Commission, may call special meetings of the

Commission. Each member shall take an oath of office for the

faithful performance of his or her duties. The Commission may

not transact business at a meeting of the Commission unless

there is present at the meeting a quorum consisting of at least

9 members. Meetings may be held by telephone conference or

other communications equipment by means of which all persons

participating in the meeting can communicate with each other

consistent with the Open Meetings Act.

(e) The Commission shall submit to the General Assembly, no

later than March 1 of each odd-numbered year, a detailed report

covering its operations for the 2 preceding calendar years and

a statement of its program for the next 2 years, as provided by

Section 3.1 of the General Assembly Organization Act.

(f) The Auditor General shall conduct audits of the

Commission in the same manner as the Auditor General conducts

audits of State agencies under the Illinois State Auditing Act.

(g) The Commission is a public body for purposes of the

Open Meetings Act and the Freedom of Information Act.

(h) This Section is a limitation under subsection (i) of

Section 6 of Article VII of the Illinois Constitution on the

concurrent exercise by home rule units of powers and functions

exercised by the State.

(Source: P.A. 97-971, eff. 1-1-13.)

Section 410. The Metropolitan Water Reclamation District

Act is amended by changing Section 9.6d as follows:

(70 ILCS 2605/9.6d)

Sec. 9.6d. Other Post Employment Benefit Trusts. The Board

of Commissioners (the Board) may establish one or more trusts

(Other Post Employment Benefit ("OPEB") Trusts) for the purpose

of providing for the funding and payment of health and other

fringe benefits for retired, disabled, or terminated employees

of the District or employees of the District with disabilities

or for their dependents and beneficiaries. Trusts created under

this Section are in addition to pension benefits for those

persons which are currently funded pursuant to Article 13 of

the Illinois Pension Code. The OPEB Trusts may employ such

personnel and enter into such investment, advisory, or

professional services or similar contracts as deemed

appropriate by the trustees and recommended by the Treasurer of

the Metropolitan Water Reclamation District of Greater Chicago

(the District). The OPEB Trusts may be established in such

manner so as to be exempt from taxation under the provisions of

applicable federal and State tax laws. The trustee of the OPEB

Trusts shall be the District. The Treasurer of the District and

the trustee shall be indemnified by the District to the fullest

extent permitted by law for their actions taken with respect to

the OPEB Trust. The Board may deposit money with the OPEB

Trusts derived from the funds of the District from time to time

as such money may in the discretion of the Board be

appropriated for that purpose; and, in addition, the Board may

lawfully agree with the OPEB Trusts to a binding level of

funding for periods of time not to exceed 5 fiscal years. In

addition, the OPEB Trust documents may permit employees of the

District to contribute money to provide for such benefits. To

the extent participants do not direct the investment of their

own account, the assets of the OPEB Trusts shall be managed by

the Treasurer of the District in any manner, subject only to

the prudent investor standard and any requirements of

applicable federal law. The limitations of any other statute

affecting the investment of District funds shall not apply to

the OPEB Trusts. The trustee shall adopt an investment policy

consistent with the standards articulated in Section 2.5 of the

Public Funds Investment Act. The investment policy shall also

provide for the availability of training for Board members.

Funds of the OPEB Trusts may be used to pay for costs of

administering the OPEB Trusts and for the benefits for which

such trusts have been established in accordance with the terms

of the OPEB Trust documents.

(Source: P.A. 95-394, eff. 8-23-07.)

Section 415. The Metropolitan Transit Authority Act is

amended by changing Sections 27a, 28, 28a, 51, and 52 as

follows:

(70 ILCS 3605/27a) (from Ch. 111 2/3, par. 327a)

Sec. 27a. In addition to annually expending moneys equal to

moneys expended by the Authority in the fiscal year ending

December 31, 1988 for the protection against crime of its

properties, employees and consumers of its public

transportation services, the Authority also shall annually

expend for the protection against crime of its employees and

consumers, an amount that is equal to not less than 15 percent

of all direct grants it receives from the State of Illinois as

reimbursement for providing reduced fares for mass

transportation services to students, persons with

disabilities, handicapped persons and the elderly. The

Authority shall provide to the Regional Transportation

Authority such information as is required by the Regional

Transportation Authority in determining whether the Authority

has expended moneys in compliance with the provisions of this

Section. The provisions of this Section shall apply in any

fiscal year of the Authority only after all debt service

requirements are met for that fiscal year.

(Source: P.A. 90-273, eff. 7-30-97.)

(70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)

Sec. 28. The Board shall classify all the offices,

positions and grades of regular and exempt employment required,

excepting that of the Chairman of the Board, the Executive

Director, Secretary, Treasurer, General Counsel, and Chief

Engineer, with reference to the duties, job title, job schedule

number, and the compensation fixed therefor, and adopt rules

governing appointments to any of such offices or positions on

the basis of merit and efficiency. The job title shall be

generally descriptive of the duties performed in that job, and

the job schedule number shall be used to identify a job title

and to further classify positions within a job title. No

discrimination shall be made in any appointment or promotion to

any office, position, or grade of regular employment because of

race, creed, color, sex, national origin, physical or mental

disability handicap unrelated to ability, or political or

religious affiliations. No officer or employee in regular

employment shall be discharged or demoted except for cause

which is detrimental to the service. Any officer or employee in

regular employment who is discharged or demoted may file a

complaint in writing with the Board within ten days after

notice of his or her discharge or demotion. If an employee is a

member of a labor organization the complaint may be filed by

such organization for and in behalf of such employee. The Board

shall grant a hearing on such complaint within thirty (30) days

after it is filed. The time and place of the hearing shall be

fixed by the Board and due notice thereof given to the

complainant, the labor organization by or through which the

complaint was filed and the Executive Director. The hearing

shall be conducted by the Board, or any member thereof or any

officers' committee or employees' committee appointed by the

Board. The complainant may be represented by counsel. If the

Board finds, or approves a finding of the member or committee

appointed by the Board, that the complainant has been unjustly

discharged or demoted, he or she shall be restored to his or

her office or position with back pay. The decision of the Board

shall be final and not subject to review. The Board may

designate such offices, positions, and grades of employment as

exempt as it deems necessary for the efficient operation of the

business of the Authority. The total number of employees

occupying exempt offices, positions, or grades of employment

may not exceed 3% of the total employment of the Authority. All

exempt offices, positions, and grades of employment shall be at

will. No discrimination shall be made in any appointment or

promotion to any office, position, or grade of exempt

employment because of race, creed, color, sex, national origin,

physical or mental disability handicap unrelated to ability, or

religious or political affiliation. The Board may abolish any

vacant or occupied office or position. Additionally, the Board

may reduce the force of employees for lack of work or lack of

funds as determined by the Board. When the number of positions

or employees holding positions of regular employment within a

particular job title and job schedule number are reduced, those

employees with the least company seniority in that job title

and job schedule number shall be first released from regular

employment service. For a period of one year, an employee

released from service shall be eligible for reinstatement to

the job title and job schedule number from which he or she was

released, in order of company seniority, if additional force of

employees is required. "Company seniority" as used in this

Section means the overall employment service credited to an

employee by the Authority since the employee's most recent date

of hire irrespective of job titles held. If 2 or more employees

have the same company seniority date, time in the affected job

title and job schedule number shall be used to break the

company seniority tie. For purposes of this Section, company

seniority shall be considered a working condition. When

employees are represented by a labor organization that has a

labor agreement with the Authority, the wages, hours, and

working conditions (including, but not limited to, seniority

rights) shall be governed by the terms of the agreement. Exempt

employment shall not include any employees who are represented

by a labor organization that has a labor agreement with the

Authority.

No employee, officer, or agent of the Chicago Transit Board

may receive a bonus that exceeds 10% of his or her annual

salary unless that bonus has been reviewed for a period of 14

days by the Regional Transportation Authority Board. After 14

days, the bonus shall be considered reviewed. This Section does

not apply to usual and customary salary adjustments.

(Source: P.A. 98-1027, eff. 1-1-15.)

(70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)

Sec. 28a. (a) The Board may deal with and enter into

written contracts with the employees of the Authority through

accredited representatives of such employees or

representatives of any labor organization authorized to act for

such employees, concerning wages, salaries, hours, working

conditions and pension or retirement provisions; provided,

nothing herein shall be construed to permit hours of labor in

excess of those provided by law or to permit working conditions

prohibited by law. In case of dispute over wages, salaries,

hours, working conditions, or pension or retirement provisions

the Board may arbitrate any question or questions and may agree

with such accredited representatives or labor organization

that the decision of a majority of any arbitration board shall

be final, provided each party shall agree in advance to pay

half of the expense of such arbitration.

No contract or agreement shall be made with any labor

organization, association, group or individual for the

employment of members of such organization, association, group

or individual for the construction, improvement, maintenance,

operation or administration of any property, plant or

facilities under the jurisdiction of the Authority, where such

organization, association, group or individual denies on the

ground of race, creed, color, sex, religion, physical or mental

disability handicap unrelated to ability, or national origin

membership and equal opportunities for employment to any

citizen of Illinois.

(b)(1) The provisions of this paragraph (b) apply to

collective bargaining agreements (including extensions and

amendments of existing agreements) entered into on or after

January 1, 1984.

(2) The Board shall deal with and enter into written

contracts with their employees, through accredited

representatives of such employees authorized to act for such

employees concerning wages, salaries, hours, working

conditions, and pension or retirement provisions about which a

collective bargaining agreement has been entered prior to the

effective date of this amendatory Act of 1983. Any such

agreement of the Authority shall provide that the agreement may

be reopened if the amended budget submitted pursuant to Section

2.18a of the Regional Transportation Authority Act is not

approved by the Board of the Regional Transportation Authority.

The agreement may not include a provision requiring the payment

of wage increases based on changes in the Consumer Price Index.

The Board shall not have the authority to enter into collective

bargaining agreements with respect to inherent management

rights, which include such areas of discretion or policy as the

functions of the employer, standards of services, its overall

budget, the organizational structure and selection of new

employees and direction of personnel. Employers, however,

shall be required to bargain collectively with regard to policy

matters directly affecting wages, hours and terms and

conditions of employment, as well as the impact thereon upon

request by employee representatives. To preserve the rights of

employers and exclusive representatives which have established

collective bargaining relationships or negotiated collective

bargaining agreements prior to the effective date of this

amendatory Act of 1983, employers shall be required to bargain

collectively with regard to any matter concerning wages, hours

or conditions of employment about which they have bargained

prior to the effective date of this amendatory Act of 1983.

(3) The collective bargaining agreement may not include a

prohibition on the use of part-time operators on any service

operated by or funded by the Board, except where prohibited by

federal law.

(4) Within 30 days of the signing of any such collective

bargaining agreement, the Board shall determine the costs of

each provision of the agreement, prepare an amended budget

incorporating the costs of the agreement, and present the

amended budget to the Board of the Regional Transportation

Authority for its approval under Section 4.11 of the Regional

Transportation Act. The Board of the Regional Transportation

Authority may approve the amended budget by an affirmative vote

of 12 of its then Directors. If the budget is not approved by

the Board of the Regional Transportation Authority, the

agreement may be reopened and its terms may be renegotiated.

Any amended budget which may be prepared following

renegotiation shall be presented to the Board of the Regional

Transportation Authority for its approval in like manner.

(Source: P.A. 95-708, eff. 1-18-08.)

(70 ILCS 3605/51)

Sec. 51. Free services; eligibility.

(a) Notwithstanding any law to the contrary, no later than

60 days following the effective date of this amendatory Act of

the 95th General Assembly and until subsection (b) is

implemented, any fixed route public transportation services

provided by, or under grant or purchase of service contracts

of, the Board shall be provided without charge to all senior

citizens of the Metropolitan Region (as such term is defined in

70 ILCS 3615/1.03) aged 65 and older, under such conditions as

shall be prescribed by the Board.

(b) Notwithstanding any law to the contrary, no later than

180 days following the effective date of this amendatory Act of

the 96th General Assembly, any fixed route public

transportation services provided by, or under grant or purchase

of service contracts of, the Board shall be provided without

charge to senior citizens aged 65 and older who meet the income

eligibility limitation set forth in subsection (a-5) of Section

4 of the Senior Citizens and Persons with Disabilities Disabled

Persons Property Tax Relief Act, under such conditions as shall

be prescribed by the Board. The Department on Aging shall

furnish all information reasonably necessary to determine

eligibility, including updated lists of individuals who are

eligible for services without charge under this Section.

Nothing in this Section shall relieve the Board from providing

reduced fares as may be required by federal law.

(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)

(70 ILCS 3605/52)

Sec. 52. Transit services for individuals with

disabilities disabled individuals. Notwithstanding any law to

the contrary, no later than 60 days following the effective

date of this amendatory Act of the 95th General Assembly, all

fixed route public transportation services provided by, or

under grant or purchase of service contract of, the Board shall

be provided without charge to all persons with disabilities

disabled persons who meet the income eligibility limitation set

forth in subsection (a-5) of Section 4 of the Senior Citizens

and Persons with Disabilities Disabled Persons Property Tax

Relief Act, under such procedures as shall be prescribed by the

Board. The Department on Aging shall furnish all information

reasonably necessary to determine eligibility, including

updated lists of individuals who are eligible for services

without charge under this Section.

(Source: P.A. 97-689, eff. 6-14-12.)

Section 420. The Local Mass Transit District Act is amended

by changing Sections 8.6 and 8.7 as follows:

(70 ILCS 3610/8.6)

Sec. 8.6. Free services; eligibility.

(a) Notwithstanding any law to the contrary, no later than

60 days following the effective date of this amendatory Act of

the 95th General Assembly and until subsection (b) is

implemented, any fixed route public transportation services

provided by, or under grant or purchase of service contracts

of, every District shall be provided without charge to all

senior citizens of the District aged 65 and older, under such

conditions as shall be prescribed by the District.

(b) Notwithstanding any law to the contrary, no later than

180 days following the effective date of this amendatory Act of

the 96th General Assembly, any fixed route public

transportation services provided by, or under grant or purchase

of service contracts of, every District shall be provided

without charge to senior citizens aged 65 and older who meet

the income eligibility limitation set forth in subsection (a-5)

of Section 4 of the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act, under

such conditions as shall be prescribed by the District. The

Department on Aging shall furnish all information reasonably

necessary to determine eligibility, including updated lists of

individuals who are eligible for services without charge under

this Section. Nothing in this Section shall relieve the

District from providing reduced fares as may be required by

federal law.

(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)

(70 ILCS 3610/8.7)

Sec. 8.7. Transit services for individuals with

disabilities disabled individuals. Notwithstanding any law to

the contrary, no later than 60 days following the effective

date of this amendatory Act of the 95th General Assembly, all

fixed route public transportation services provided by, or

under grant or purchase of service contract of, any District

shall be provided without charge to all persons with

disabilities disabled persons who meet the income eligibility

limitation set forth in subsection (a-5) of Section 4 of the

Senior Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act, under such procedures as shall be

prescribed by the District. The Department on Aging shall

furnish all information reasonably necessary to determine

eligibility, including updated lists of individuals who are

eligible for services without charge under this Section.

(Source: P.A. 97-689, eff. 6-14-12.)

Section 425. The Regional Transportation Authority Act is

amended by changing Sections 1.02, 3A.15, 3A.16, 3B.14, and

3B.15 as follows:

(70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)

Sec. 1.02. Findings and Purpose.

(a) The General Assembly finds;

(i) Public transportation is, as provided in Section 7

of Article XIII of the Illinois Constitution, an essential

public purpose for which public funds may be expended and

that Section authorizes the State to provide financial

assistance to units of local government for distribution to

providers of public transportation. There is an urgent need

to reform and continue a unit of local government to assure

the proper management of public transportation and to

receive and distribute State or federal operating

assistance and to raise and distribute revenues for local

operating assistance. System generated revenues are not

adequate for such service and a public need exists to

provide for, aid and assist public transportation in the

northeastern area of the State, consisting of Cook, DuPage,

Kane, Lake, McHenry and Will Counties.

(ii) Comprehensive and coordinated regional public

transportation is essential to the public health, safety

and welfare. It is essential to economic well-being,

maintenance of full employment, conservation of sources of

energy and land for open space and reduction of traffic

congestion and for providing and maintaining a healthful

environment for the benefit of present and future

generations in the metropolitan region. Public

transportation improves the mobility of the public and

improves access to jobs, commercial facilities, schools

and cultural attractions. Public transportation decreases

air pollution and other environmental hazards resulting

from excessive use of automobiles and allows for more

efficient land use and planning.

(iii) Because system generated receipts are not

presently adequate, public transportation facilities and

services in the northeastern area are in grave financial

condition. With existing methods of financing,

coordination and management, and relative convenience of

automobiles, such public transportation facilities are not

providing adequate public transportation to insure the

public health, safety and welfare.

(iv) Additional commitments to the public

transportation needs of persons with disabilities the

disabled, the economically disadvantaged, and the elderly

are necessary.

(v) To solve these problems, it is necessary to provide

for the creation of a regional transportation authority

with the powers necessary to insure adequate public

transportation.

(b) The General Assembly further finds, in connection with

this amendatory Act of 1983:

(i) Substantial, recurring deficits in the operations

of public transportation services subject to the

jurisdiction of the Regional Transportation Authority and

periodic cash shortages have occurred either of which could

bring about a loss of public transportation services

throughout the metropolitan region at any time;

(ii) A substantial or total loss of public

transportation services or any segment thereof would

create an emergency threatening the safety and well-being

of the people in the northeastern area of the State; and

(iii) To meet the urgent needs of the people of the

metropolitan region that such an emergency be averted and

to provide financially sound methods of managing the

provision of public transportation services in the

northeastern area of the State, it is necessary, while

maintaining and continuing the existing Authority, to

modify the powers and responsibilities of the Authority, to

reallocate responsibility for operating decisions, to

change the composition and appointment of the Board of

Directors thereof, and to immediately establish a new Board

of Directors.

(c) The General Assembly further finds in connection with

this amendatory Act of the 95th General Assembly:

(i) The economic vitality of northeastern Illinois

requires regionwide and systemwide efforts to increase

ridership on the transit systems, constrain road

congestion within the metropolitan region, and allocate

resources for transportation so as to assist in the

development of an adequate, efficient, geographically

equitable and coordinated regional transportation system

that is in a state of good repair.

(ii) To achieve the purposes of this amendatory Act of

the 95th General Assembly, the powers and duties of the

Authority must be enhanced to improve overall planning and

coordination, to achieve an integrated and efficient

regional transit system, to advance the mobility of transit

users, and to increase financial transparency of the

Authority and the Service Boards.

(d) It is the purpose of this Act to provide for, aid and

assist public transportation in the northeastern area of the

State without impairing the overall quality of existing public

transportation by providing for the creation of a single

authority responsive to the people and elected officials of the

area and with the power and competence to develop, implement,

and enforce plans that promote adequate, efficient,

geographically equitable and coordinated public

transportation, provide financial review of the providers of

public transportation in the metropolitan region and

facilitate public transportation provided by Service Boards

which is attractive and economical to users, comprehensive,

coordinated among its various elements, economical, safe,

efficient and coordinated with area and State plans.

(Source: P.A. 98-1027, eff. 1-1-15.)

(70 ILCS 3615/3A.15)

Sec. 3A.15. Free services; eligibility.

(a) Notwithstanding any law to the contrary, no later than

60 days following the effective date of this amendatory Act of

the 95th General Assembly and until subsection (b) is

implemented, any fixed route public transportation services

provided by, or under grant or purchase of service contracts

of, the Suburban Bus Board shall be provided without charge to

all senior citizens of the Metropolitan Region aged 65 and

older, under such conditions as shall be prescribed by the

Suburban Bus Board.

(b) Notwithstanding any law to the contrary, no later than

180 days following the effective date of this amendatory Act of

the 96th General Assembly, any fixed route public

transportation services provided by, or under grant or purchase

of service contracts of, the Suburban Bus Board shall be

provided without charge to senior citizens aged 65 and older

who meet the income eligibility limitation set forth in

subsection (a-5) of Section 4 of the Senior Citizens and

Persons with Disabilities Disabled Persons Property Tax Relief

Act, under such conditions as shall be prescribed by the

Suburban Bus Board. The Department on Aging shall furnish all

information reasonably necessary to determine eligibility,

including updated lists of individuals who are eligible for

services without charge under this Section. Nothing in this

Section shall relieve the Suburban Bus Board from providing

reduced fares as may be required by federal law.

(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)

(70 ILCS 3615/3A.16)

Sec. 3A.16. Transit services for individuals with

disabilities disabled individuals. Notwithstanding any law to

the contrary, no later than 60 days following the effective

date of this amendatory Act of the 95th General Assembly, all

fixed route public transportation services provided by, or

under grant or purchase of service contract of, the Suburban

Bus Board shall be provided without charge to all persons with

disabilities disabled persons who meet the income eligibility

limitation set forth in subsection (a-5) of Section 4 of the

Senior Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act, under such procedures as shall be

prescribed by the Board. The Department on Aging shall furnish

all information reasonably necessary to determine eligibility,

including updated lists of individuals who are eligible for

services without charge under this Section.

(Source: P.A. 97-689, eff. 6-14-12.)

(70 ILCS 3615/3B.14)

Sec. 3B.14. Free services; eligibility.

(a) Notwithstanding any law to the contrary, no later than

60 days following the effective date of this amendatory Act of

the 95th General Assembly and until subsection (b) is

implemented, any fixed route public transportation services

provided by, or under grant or purchase of service contracts

of, the Commuter Rail Board shall be provided without charge to

all senior citizens of the Metropolitan Region aged 65 and

older, under such conditions as shall be prescribed by the

Commuter Rail Board.

(b) Notwithstanding any law to the contrary, no later than

180 days following the effective date of this amendatory Act of

the 96th General Assembly, any fixed route public

transportation services provided by, or under grant or purchase

of service contracts of, the Commuter Rail Board shall be

provided without charge to senior citizens aged 65 and older

who meet the income eligibility limitation set forth in

subsection (a-5) of Section 4 of the Senior Citizens and

Persons with Disabilities Disabled Persons Property Tax Relief

Act, under such conditions as shall be prescribed by the

Commuter Rail Board. The Department on Aging shall furnish all

information reasonably necessary to determine eligibility,

including updated lists of individuals who are eligible for

services without charge under this Section. Nothing in this

Section shall relieve the Commuter Rail Board from providing

reduced fares as may be required by federal law.

(Source: P.A. 96-1527, eff. 2-14-11; 97-689, eff. 6-14-12.)

(70 ILCS 3615/3B.15)

Sec. 3B.15. Transit services for individuals with

disabilities disabled individuals. Notwithstanding any law to

the contrary, no later than 60 days following the effective

date of this amendatory Act of the 95th General Assembly, all

fixed route public transportation services provided by, or

under grant or purchase of service contract of, the Commuter

Rail Board shall be provided without charge to all persons with

disabilities disabled persons who meet the income eligibility

limitation set forth in subsection (a-5) of Section 4 of the

Senior Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act, under such procedures as shall be

prescribed by the Board. The Department on Aging shall furnish

all information reasonably necessary to determine eligibility,

including updated lists of individuals who are eligible for

services without charge under this Section.

(Source: P.A. 97-689, eff. 6-14-12.)

Section 430. The School Code is amended by changing

Sections 2-3.83, 2-3.98, 10-22.11, 10-22.33B, 14-6.01,

14-7.02, 14-7.03, 14-8.01, 14-8.02, 14-8.04, 14-11.01,

17-2.11, 19-1, 21B-20, 30-14.2, 34-2.4, 34-18, and 34-128 as

follows:

(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)

Sec. 2-3.83. Individual transition plan model pilot

program.

(a) The General Assembly finds that transition services for

special education students in secondary schools are needed for

the increasing numbers of students exiting school programs.

Therefore, to ensure coordinated and timely delivery of

services, the State shall establish a model pilot program to

provide such services. Local school districts, using joint

agreements and regional service delivery systems for special

and vocational education selected by the Governor's Planning

Council on Developmental Disabilities, shall have the primary

responsibility to convene transition planning meetings for

these students who will require post-school adult services.

(b) For purposes of this Section:

(1) "Post-secondary Service Provider" means a provider

of services for adults who have any developmental

disability as defined in Section 1-106 of the Mental Health

and Developmental Disabilities Code or who are persons with

one or more disabilities disabled as defined in the

Rehabilitation of Persons with Disabilities Disabled

Persons Rehabilitation Act.

(2) "Individual Education Plan" means a written

statement for an exceptional child that provides at least a

statement of: the child's present levels of educational

performance, annual goals and short-term instructional

objectives; specific special education and related

services; the extent of participation in the regular

education program; the projected dates for initiation of

services; anticipated duration of services; appropriate

objective criteria and evaluation procedures; and a

schedule for annual determination of short-term

objectives.

(3) "Individual Transition Plan" (ITP) means a

multi-agency informal assessment of a student's needs for

post-secondary adult services including but not limited to

employment, post-secondary education or training and

residential independent living.

(4) "Developmental Disability" means a disability

which is attributable to: (a) an intellectual disability,

cerebral palsy, epilepsy or autism; or to (b) any other

condition which results in impairment similar to that

caused by an intellectual disability and which requires

services similar to those required by persons with an

intellectual disability intellectually disabled persons.

Such disability must originate before the age of 18 years,

be expected to continue indefinitely, and constitute a

substantial disability handicap.

(5) "Exceptional Characteristic" means any disabling

or exceptional characteristic which interferes with a

student's education including, but not limited to, a

determination that the student has a severe or profound

mental disability, has mental disability but is trainable,

is is severely or profoundly mentally disabled, trainably

mentally disabled, deaf-blind, or has some other health

impairment.

(c) The model pilot program required by this Section shall

be established and administered by the Governor's Planning

Council on Developmental Disabilities in conjunction with the

case coordination pilot projects established by the Department

of Human Services pursuant to Section 4.1 of the Community

Services Act, as amended.

(d) The model pilot program shall include the following

features:

(1) Written notice shall be sent to the student and,

when appropriate, his or her parent or guardian giving the

opportunity to consent to having the student's name and

relevant information shared with the local case

coordination unit and other appropriate State or local

agencies for purposes of inviting participants to the

individual transition plan meeting.

(2) Meetings to develop and modify, as needed, an

Individual Transition Plan shall be conducted annually for

all students with a developmental disability in the pilot

program area who are age 16 or older and who are receiving

special education services for 50% or more of their public

school program. These meetings shall be convened by the

local school district and conducted in conjunction with any

other regularly scheduled meetings such as the student's

annual individual educational plan meeting. The Governor's

Planning Council on Developmental Disabilities shall

cooperate with and may enter into any necessary written

agreements with the Department of Human Services and the

State Board of Education to identify the target group of

students for transition planning and the appropriate case

coordination unit to serve these individuals.

(3) The ITP meetings shall be co-chaired by the

individual education plan coordinator and the case

coordinator. The ITP meeting shall include but not be

limited to discussion of the following: the student's

projected date of exit from the public schools; his

projected post-school goals in the areas of employment,

residential living arrangement and post-secondary

education or training; specific school or post-school

services needed during the following year to achieve the

student's goals, including but not limited to vocational

evaluation, vocational education, work experience or

vocational training, placement assistance, independent

living skills training, recreational or leisure training,

income support, medical needs and transportation; and

referrals and linkage to needed services, including a

proposed time frame for services and the responsible agency

or provider. The individual transition plan shall be signed

by participants in the ITP discussion, including but not

limited to the student's parents or guardian, the student

(where appropriate), multi-disciplinary team

representatives from the public schools, the case

coordinator and any other individuals who have

participated in the ITP meeting at the discretion of the

individual education plan coordinator, the developmental

disability case coordinator or the parents or guardian.

(4) At least 10 days prior to the ITP meeting, the

parents or guardian of the student shall be notified in

writing of the time and place of the meeting by the local

school district. The ITP discussion shall be documented by

the assigned case coordinator, and an individual student

file shall be maintained by each case coordination unit.

One year following a student's exit from public school the

case coordinator shall conduct a follow up interview with

the student.

(5) Determinations with respect to individual

transition plans made under this Section shall not be

subject to any due process requirements prescribed in

Section 14-8.02 of this Code.

(e) (Blank).

(Source: P.A. 97-227, eff. 1-1-12.)

(105 ILCS 5/2-3.98) (from Ch. 122, par. 2-3.98)

Sec. 2-3.98. Transition program for persons with

developmental disabilities Developmentally disabled transition

program. The State Board of Education shall establish and

implement, in conjunction with the Department of Human

Services, a pilot program for the provision of transitional,

educational services to persons with a developmental

disability 18 years of age or older who have completed public

school programs.

(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

(105 ILCS 5/10-22.11) (from Ch. 122, par. 10-22.11)

Sec. 10-22.11. Lease of school property.

(a) To lease school property to another school district,

municipality or body politic and corporate for a term of not to

exceed 25 years, except as otherwise provided in this Section,

and upon such terms and conditions as may be agreed if in the

opinion of the school board use of such property will not be

needed by the district during the term of such lease; provided,

the school board shall not make or renew any lease for a term

longer than 10 years, nor alter the terms of any lease whose

unexpired term may exceed 10 years without the vote of 2/3 of

the full membership of the board.

(b) Whenever the school board considers such action

advisable and in the best interests of the school district, to

lease vacant school property for a period not exceeding 51

years to a private not for profit school organization for use

in the care of persons with a mental disability who are

trainable and educable the trainable and educable mentally

disabled persons in the district or in the education of the

gifted children in the district. Before leasing such property

to a private not for profit school organization, the school

board must adopt a resolution for the leasing of such property,

fixing the period and price therefor, and order submitted to

referendum at an election to be held in the district as

provided in the general election law, the question of whether

the lease should be entered into. Thereupon, the secretary

shall certify to the proper election authorities the

proposition for submission in accordance with the general

election law. If the majority of the voters voting upon the

proposition vote in favor of the leasing, the school board may

proceed with the leasing. The proposition shall be in

substantially the following form:

-------------------------------------------------------------

Shall School District No. ..... of

..... County, Illinois lease to YES

..... (here name and identify the

lessee) the following described vacant ---------------------

school property (here describe the

property) for a term of ..... years NO

for the sum of ..... Dollars?

-------------------------------------------------------------

This paragraph (b) shall not be construed in such a manner

as to relieve the responsibility of the Board of Education as

set out in Article 14 of the School Code.

(c) To lease school buildings and land to suitable lessees

for educational purposes or for any other purpose which serves

the interests of the community, for a term not to exceed 25

years and upon such terms and conditions as may be agreed upon

by the parties, when such buildings and land are declared by

the board to be unnecessary or unsuitable or inconvenient for a

school or the uses of the district during the term of the lease

and when, in the opinion of the board, the best interests of

the residents of the school district will be enhanced by

entering into such a lease. Such leases shall include

provisions for adequate insurance for both liability and

property damage or loss, and reasonable charges for maintenance

and depreciation of such buildings and land.

(Source: P.A. 89-397, eff. 8-20-95.)

(105 ILCS 5/10-22.33B)

Sec. 10-22.33B. Summer school; required attendance. To

conduct a high quality summer school program for those resident

students identified by the school district as being

academically at risk in such critical subject areas as language

arts (reading and writing) and mathematics who will be entering

any of the school district's grades for the next school term

and to require attendance at such program by such students who

have not been identified as a person with a disability disabled

under Article 14, but who meet criteria established under this

Section. Summer school programs established under this Section

shall be designed to raise the level of achievement and improve

opportunities for success in subsequent grade levels of those

students required to attend. The parent or guardian of any

student required to attend summer school shall be given written

notice from the school district requiring attendance not later

than the close of the school term which immediately precedes

the required summer school program.

(Source: P.A. 89-610, eff. 8-6-96.)

(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)

Sec. 14-6.01. Powers and duties of school boards. School

boards of one or more school districts establishing and

maintaining any of the educational facilities described in this

Article shall, in connection therewith, exercise similar

powers and duties as are prescribed by law for the

establishment, maintenance and management of other recognized

educational facilities. Such school boards shall include only

eligible children in the program and shall comply with all the

requirements of this Article and all rules and regulations

established by the State Board of Education. Such school boards

shall accept in part-time attendance children with

disabilities of the types described in Sections 14-1.02 through

14-1.07 who are enrolled in nonpublic schools. A request for

part-time attendance must be submitted by a parent or guardian

of the child with a disability disabled child and may be made

only to those public schools located in the district where the

child attending the nonpublic school resides; however, nothing

in this Section shall be construed as prohibiting an agreement

between the district where the child resides and another public

school district to provide special educational services if such

an arrangement is deemed more convenient and economical.

Special education and related services must be provided in

accordance with the student's IEP no later than 10 school

attendance days after notice is provided to the parents

pursuant to Section 300.503 of Title 34 of the Code of Federal

Regulations and implementing rules adopted by the State Board

of Education. Transportation for students in part time

attendance shall be provided only if required in the child's

individualized educational program on the basis of the child's

disabling condition or as the special education program

location may require.

A school board shall publish a public notice in its

newsletter of general circulation or in the newsletter of

another governmental entity of general circulation in the

district or if neither is available in the district, then in a

newspaper of general circulation in the district, the right of

all children with disabilities to a free appropriate public

education as provided under this Code. Such notice shall

identify the location and phone number of the office or agent

of the school district to whom inquiries should be directed

regarding the identification, assessment and placement of such

children.

School boards shall immediately provide upon request by any

person written materials and other information that indicates

the specific policies, procedures, rules and regulations

regarding the identification, evaluation or educational

placement of children with disabilities under Section 14-8.02

of the School Code. Such information shall include information

regarding all rights and entitlements of such children under

this Code, and of the opportunity to present complaints with

respect to any matter relating to educational placement of the

student, or the provision of a free appropriate public

education and to have an impartial due process hearing on the

complaint. The notice shall inform the parents or guardian in

the parents' or guardian's native language, unless it is

clearly not feasible to do so, of their rights and all

procedures available pursuant to this Act and federal Public

Law 94-142; it shall be the responsibility of the State

Superintendent to develop uniform notices setting forth the

procedures available under this Act and federal Public Law

94-142, as amended, to be used by all school boards. The notice

shall also inform the parents or guardian of the availability

upon request of a list of free or low-cost legal and other

relevant services available locally to assist parents or

guardians in exercising rights or entitlements under this Code.

Any parent or guardian who is deaf, or does not normally

communicate using spoken English, who participates in a meeting

with a representative of a local educational agency for the

purposes of developing an individualized educational program

shall be entitled to the services of an interpreter.

No student with a disability disabled student may be denied

promotion, graduation or a general diploma on the basis of

failing a minimal competency test when such failure can be

directly related to the disabling condition of the student. For

the purpose of this Act, "minimal competency testing" is

defined as tests which are constructed to measure the

acquisition of skills to or beyond a certain defined standard.

Effective July 1, 1966, high school districts are

financially responsible for the education of pupils with

disabilities who are residents in their districts when such

pupils have reached age 15 but may admit children with

disabilities into special educational facilities without

regard to graduation from the eighth grade after such pupils

have reached the age of 14 1/2 years. Upon a pupil with a

disability disabled pupil's attaining the age of 14 1/2 years,

it shall be the duty of the elementary school district in which

the pupil resides to notify the high school district in which

the pupil resides of the pupil's current eligibility for

special education services, of the pupil's current program, and

of all evaluation data upon which the current program is based.

After an examination of that information the high school

district may accept the current placement and all subsequent

timelines shall be governed by the current individualized

educational program; or the high school district may elect to

conduct its own evaluation and multidisciplinary staff

conference and formulate its own individualized educational

program, in which case the procedures and timelines contained

in Section 14-8.02 shall apply.

(Source: P.A. 98-219, eff. 8-9-13.)

(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)

Sec. 14-7.02. Children attending private schools, public

out-of-state schools, public school residential facilities or

private special education facilities. The General Assembly

recognizes that non-public schools or special education

facilities provide an important service in the educational

system in Illinois.

If because of his or her disability the special education

program of a district is unable to meet the needs of a child

and the child attends a non-public school or special education

facility, a public out-of-state school or a special education

facility owned and operated by a county government unit that

provides special educational services required by the child and

is in compliance with the appropriate rules and regulations of

the State Superintendent of Education, the school district in

which the child is a resident shall pay the actual cost of

tuition for special education and related services provided

during the regular school term and during the summer school

term if the child's educational needs so require, excluding

room, board and transportation costs charged the child by that

non-public school or special education facility, public

out-of-state school or county special education facility, or

$4,500 per year, whichever is less, and shall provide him any

necessary transportation. "Nonpublic special education

facility" shall include a residential facility, within or

without the State of Illinois, which provides special education

and related services to meet the needs of the child by

utilizing private schools or public schools, whether located on

the site or off the site of the residential facility.

The State Board of Education shall promulgate rules and

regulations for determining when placement in a private special

education facility is appropriate. Such rules and regulations

shall take into account the various types of services needed by

a child and the availability of such services to the particular

child in the public school. In developing these rules and

regulations the State Board of Education shall consult with the

Advisory Council on Education of Children with Disabilities and

hold public hearings to secure recommendations from parents,

school personnel, and others concerned about this matter.

The State Board of Education shall also promulgate rules

and regulations for transportation to and from a residential

school. Transportation to and from home to a residential school

more than once each school term shall be subject to prior

approval by the State Superintendent in accordance with the

rules and regulations of the State Board.

A school district making tuition payments pursuant to this

Section is eligible for reimbursement from the State for the

amount of such payments actually made in excess of the district

per capita tuition charge for students not receiving special

education services. Such reimbursement shall be approved in

accordance with Section 14-12.01 and each district shall file

its claims, computed in accordance with rules prescribed by the

State Board of Education, on forms prescribed by the State

Superintendent of Education. Data used as a basis of

reimbursement claims shall be for the preceding regular school

term and summer school term. Each school district shall

transmit its claims to the State Board of Education on or

before August 15. The State Board of Education, before

approving any such claims, shall determine their accuracy and

whether they are based upon services and facilities provided

under approved programs. Upon approval the State Board shall

cause vouchers to be prepared showing the amount due for

payment of reimbursement claims to school districts, for

transmittal to the State Comptroller on the 30th day of

September, December, and March, respectively, and the final

voucher, no later than June 20. If the money appropriated by

the General Assembly for such purpose for any year is

insufficient, it shall be apportioned on the basis of the

claims approved.

No child shall be placed in a special education program

pursuant to this Section if the tuition cost for special

education and related services increases more than 10 percent

over the tuition cost for the previous school year or exceeds

$4,500 per year unless such costs have been approved by the

Illinois Purchased Care Review Board. The Illinois Purchased

Care Review Board shall consist of the following persons, or

their designees: the Directors of Children and Family Services,

Public Health, Public Aid, and the Governor's Office of

Management and Budget; the Secretary of Human Services; the

State Superintendent of Education; and such other persons as

the Governor may designate. The Review Board shall also consist

of one non-voting member who is an administrator of a private,

nonpublic, special education school. The Review Board shall

establish rules and regulations for its determination of

allowable costs and payments made by local school districts for

special education, room and board, and other related services

provided by non-public schools or special education facilities

and shall establish uniform standards and criteria which it

shall follow. The Review Board shall approve the usual and

customary rate or rates of a special education program that (i)

is offered by an out-of-state, non-public provider of

integrated autism specific educational and autism specific

residential services, (ii) offers 2 or more levels of

residential care, including at least one locked facility, and

(iii) serves 12 or fewer Illinois students.

The Review Board shall establish uniform definitions and

criteria for accounting separately by special education, room

and board and other related services costs. The Board shall

also establish guidelines for the coordination of services and

financial assistance provided by all State agencies to assure

that no otherwise qualified child with a disability disabled

child receiving services under Article 14 shall be excluded

from participation in, be denied the benefits of or be

subjected to discrimination under any program or activity

provided by any State agency.

The Review Board shall review the costs for special

education and related services provided by non-public schools

or special education facilities and shall approve or disapprove

such facilities in accordance with the rules and regulations

established by it with respect to allowable costs.

The State Board of Education shall provide administrative

and staff support for the Review Board as deemed reasonable by

the State Superintendent of Education. This support shall not

include travel expenses or other compensation for any Review

Board member other than the State Superintendent of Education.

The Review Board shall seek the advice of the Advisory

Council on Education of Children with Disabilities on the rules

and regulations to be promulgated by it relative to providing

special education services.

If a child has been placed in a program in which the actual

per pupil costs of tuition for special education and related

services based on program enrollment, excluding room, board and

transportation costs, exceed $4,500 and such costs have been

approved by the Review Board, the district shall pay such total

costs which exceed $4,500. A district making such tuition

payments in excess of $4,500 pursuant to this Section shall be

responsible for an amount in excess of $4,500 equal to the

district per capita tuition charge and shall be eligible for

reimbursement from the State for the amount of such payments

actually made in excess of the districts per capita tuition

charge for students not receiving special education services.

If a child has been placed in an approved individual

program and the tuition costs including room and board costs

have been approved by the Review Board, then such room and

board costs shall be paid by the appropriate State agency

subject to the provisions of Section 14-8.01 of this Act. Room

and board costs not provided by a State agency other than the

State Board of Education shall be provided by the State Board

of Education on a current basis. In no event, however, shall

the State's liability for funding of these tuition costs begin

until after the legal obligations of third party payors have

been subtracted from such costs. If the money appropriated by

the General Assembly for such purpose for any year is

insufficient, it shall be apportioned on the basis of the

claims approved. Each district shall submit estimated claims to

the State Superintendent of Education. Upon approval of such

claims, the State Superintendent of Education shall direct the

State Comptroller to make payments on a monthly basis. The

frequency for submitting estimated claims and the method of

determining payment shall be prescribed in rules and

regulations adopted by the State Board of Education. Such

current state reimbursement shall be reduced by an amount equal

to the proceeds which the child or child's parents are eligible

to receive under any public or private insurance or assistance

program. Nothing in this Section shall be construed as

relieving an insurer or similar third party from an otherwise

valid obligation to provide or to pay for services provided to

a child with a disability disabled child.

If it otherwise qualifies, a school district is eligible

for the transportation reimbursement under Section 14-13.01

and for the reimbursement of tuition payments under this

Section whether the non-public school or special education

facility, public out-of-state school or county special

education facility, attended by a child who resides in that

district and requires special educational services, is within

or outside of the State of Illinois. However, a district is not

eligible to claim transportation reimbursement under this

Section unless the district certifies to the State

Superintendent of Education that the district is unable to

provide special educational services required by the child for

the current school year.

Nothing in this Section authorizes the reimbursement of a

school district for the amount paid for tuition of a child

attending a non-public school or special education facility,

public out-of-state school or county special education

facility unless the school district certifies to the State

Superintendent of Education that the special education program

of that district is unable to meet the needs of that child

because of his disability and the State Superintendent of

Education finds that the school district is in substantial

compliance with Section 14-4.01. However, if a child is

unilaterally placed by a State agency or any court in a

non-public school or special education facility, public

out-of-state school, or county special education facility, a

school district shall not be required to certify to the State

Superintendent of Education, for the purpose of tuition

reimbursement, that the special education program of that

district is unable to meet the needs of a child because of his

or her disability.

Any educational or related services provided, pursuant to

this Section in a non-public school or special education

facility or a special education facility owned and operated by

a county government unit shall be at no cost to the parent or

guardian of the child. However, current law and practices

relative to contributions by parents or guardians for costs

other than educational or related services are not affected by

this amendatory Act of 1978.

Reimbursement for children attending public school

residential facilities shall be made in accordance with the

provisions of this Section.

Notwithstanding any other provision of law, any school

district receiving a payment under this Section or under

Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify

all or a portion of the funds that it receives in a particular

fiscal year or from general State aid pursuant to Section

18-8.05 of this Code as funds received in connection with any

funding program for which it is entitled to receive funds from

the State in that fiscal year (including, without limitation,

any funding program referenced in this Section), regardless of

the source or timing of the receipt. The district may not

classify more funds as funds received in connection with the

funding program than the district is entitled to receive in

that fiscal year for that program. Any classification by a

district must be made by a resolution of its board of

education. The resolution must identify the amount of any

payments or general State aid to be classified under this

paragraph and must specify the funding program to which the

funds are to be treated as received in connection therewith.

This resolution is controlling as to the classification of

funds referenced therein. A certified copy of the resolution

must be sent to the State Superintendent of Education. The

resolution shall still take effect even though a copy of the

resolution has not been sent to the State Superintendent of

Education in a timely manner. No classification under this

paragraph by a district shall affect the total amount or timing

of money the district is entitled to receive under this Code.

No classification under this paragraph by a district shall in

any way relieve the district from or affect any requirements

that otherwise would apply with respect to that funding

program, including any accounting of funds by source, reporting

expenditures by original source and purpose, reporting

requirements, or requirements of providing services.

(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15;

revised 10-1-14.)

(105 ILCS 5/14-7.03) (from Ch. 122, par. 14-7.03)

Sec. 14-7.03. Special Education Classes for Children from

Orphanages, Foster Family Homes, Children's Homes, or in State

Housing Units. If a school district maintains special education

classes on the site of orphanages and children's homes, or if

children from the orphanages, children's homes, foster family

homes, other State agencies, or State residential units for

children attend classes for children with disabilities in which

the school district is a participating member of a joint

agreement, or if the children from the orphanages, children's

homes, foster family homes, other State agencies, or State

residential units attend classes for the children with

disabilities maintained by the school district, then

reimbursement shall be paid to eligible districts in accordance

with the provisions of this Section by the Comptroller as

directed by the State Superintendent of Education.

The amount of tuition for such children shall be determined

by the actual cost of maintaining such classes, using the per

capita cost formula set forth in Section 14-7.01, such program

and cost to be pre-approved by the State Superintendent of

Education.

If a school district makes a claim for reimbursement under

Section 18-3 or 18-4 of this Act it shall not include in any

claim filed under this Section a claim for such children.

Payments authorized by law, including State or federal grants

for education of children included in this Section, shall be

deducted in determining the tuition amount.

Nothing in this Act shall be construed so as to prohibit

reimbursement for the tuition of children placed in for profit

facilities. Private facilities shall provide adequate space at

the facility for special education classes provided by a school

district or joint agreement for children with disabilities who

are residents of the facility at no cost to the school district

or joint agreement upon request of the school district or joint

agreement. If such a private facility provides space at no cost

to the district or joint agreement for special education

classes provided to children with disabilities who are

residents of the facility, the district or joint agreement

shall not include any costs for the use of those facilities in

its claim for reimbursement.

Reimbursement for tuition may include the cost of providing

summer school programs for children with severe and profound

disabilities served under this Section. Claims for that

reimbursement shall be filed by November 1 and shall be paid on

or before December 15 from appropriations made for the purposes

of this Section.

The State Board of Education shall establish such rules and

regulations as may be necessary to implement the provisions of

this Section.

Claims filed on behalf of programs operated under this

Section housed in a jail, detention center, or county-owned

shelter care facility shall be on an individual student basis

only for eligible students with disabilities. These claims

shall be in accordance with applicable rules.

Each district claiming reimbursement for a program

operated as a group program shall have an approved budget on

file with the State Board of Education prior to the initiation

of the program's operation. On September 30, December 31, and

March 31, the State Board of Education shall voucher payments

to group programs based upon the approved budget during the

year of operation. Final claims for group payments shall be

filed on or before July 15. Final claims for group programs

received at the State Board of Education on or before June 15

shall be vouchered by June 30. Final claims received at the

State Board of Education between June 16 and July 15 shall be

vouchered by August 30. Claims for group programs received

after July 15 shall not be honored.

Each district claiming reimbursement for individual

students shall have the eligibility of those students verified

by the State Board of Education. On September 30, December 31,

and March 31, the State Board of Education shall voucher

payments for individual students based upon an estimated cost

calculated from the prior year's claim. Final claims for

individual students for the regular school term must be

received at the State Board of Education by July 15. Claims for

individual students received after July 15 shall not be

honored. Final claims for individual students shall be

vouchered by August 30.

Reimbursement shall be made based upon approved group

programs or individual students. The State Superintendent of

Education shall direct the Comptroller to pay a specified

amount to the district by the 30th day of September, December,

March, June, or August, respectively. However, notwithstanding

any other provisions of this Section or the School Code,

beginning with fiscal year 1994 and each fiscal year

thereafter, if the amount appropriated for any fiscal year is

less than the amount required for purposes of this Section, the

amount required to eliminate any insufficient reimbursement

for each district claim under this Section shall be reimbursed

on August 30 of the next fiscal year. Payments required to

eliminate any insufficiency for prior fiscal year claims shall

be made before any claims are paid for the current fiscal year.

The claim of a school district otherwise eligible to be

reimbursed in accordance with Section 14-12.01 for the 1976-77

school year but for this amendatory Act of 1977 shall not be

paid unless the district ceases to maintain such classes for

one entire school year.

If a school district's current reimbursement payment for

the 1977-78 school year only is less than the prior year's

reimbursement payment owed, the district shall be paid the

amount of the difference between the payments in addition to

the current reimbursement payment, and the amount so paid shall

be subtracted from the amount of prior year's reimbursement

payment owed to the district.

Regional superintendents may operate special education

classes for children from orphanages, foster family homes,

children's homes or State housing units located within the

educational services region upon consent of the school board

otherwise so obligated. In electing to assume the powers and

duties of a school district in providing and maintaining such a

special education program, the regional superintendent may

enter into joint agreements with other districts and may

contract with public or private schools or the orphanage,

foster family home, children's home or State housing unit for

provision of the special education program. The regional

superintendent exercising the powers granted under this

Section shall claim the reimbursement authorized by this

Section directly from the State Board of Education.

Any child who is not a resident of Illinois who is placed

in a child welfare institution, private facility, foster family

home, State operated program, orphanage or children's home

shall have the payment for his educational tuition and any

related services assured by the placing agent.

For each student with a disability disabled student who is

placed in a residential facility by an Illinois public agency

or by any court in this State, the costs for educating the

student are eligible for reimbursement under this Section.

The district of residence of the student with a disability

disabled student as defined in Section 14-1.11a is responsible

for the actual costs of the student's special education program

and is eligible for reimbursement under this Section when

placement is made by a State agency or the courts.

When a dispute arises over the determination of the

district of residence under this Section, the district or

districts may appeal the decision in writing to the State

Superintendent of Education, who, upon review of materials

submitted and any other items or information he or she may

request for submission, shall issue a written decision on the

matter. The decision of the State Superintendent of Education

shall be final.

In the event a district does not make a tuition payment to

another district that is providing the special education

program and services, the State Board of Education shall

immediately withhold 125% of the then remaining annual tuition

cost from the State aid or categorical aid payment due to the

school district that is determined to be the resident school

district. All funds withheld by the State Board of Education

shall immediately be forwarded to the school district where the

student is being served.

When a child eligible for services under this Section

14-7.03 must be placed in a nonpublic facility, that facility

shall meet the programmatic requirements of Section 14-7.02 and

its regulations, and the educational services shall be funded

only in accordance with this Section 14-7.03.

(Source: P.A. 98-739, eff. 7-16-14.)

(105 ILCS 5/14-8.01) (from Ch. 122, par. 14-8.01)

Sec. 14-8.01. Supervision of special education buildings

and facilities. All special educational facilities, building

programs, housing, and all educational programs for the types

of children with disabilities disabled children defined in

Section 14-1.02 shall be under the supervision of and subject

to the approval of the State Board of Education.

All special education facilities, building programs, and

housing shall comply with the building code authorized by

Section 2-3.12.

All educational programs for children with disabilities as

defined in Section 14-1.02 administered by any State agency

shall be under the general supervision of the State Board of

Education. Such supervision shall be limited to insuring that

such educational programs meet standards jointly developed and

agreed to by both the State Board of Education and the

operating State agency, including standards for educational

personnel.

Any State agency providing special educational programs

for children with disabilities as defined in Section 14-1.02

shall promulgate rules and regulations, in consultation with

the State Board of Education and pursuant to the Illinois

Administrative Procedure Act as now or hereafter amended, to

insure that all such programs comply with this Section and

Section 14-8.02.

No otherwise qualified child with a disability disabled

child receiving special education and related services under

Article 14 shall solely by reason of his or her disability be

excluded from the participation in or be denied the benefits of

or be subjected to discrimination under any program or activity

provided by a State agency.

State agencies providing special education and related

services, including room and board, either directly or through

grants or purchases of services shall continue to provide these

services according to current law and practice. Room and board

costs not provided by a State agency other than the State Board

of Education shall be provided by the State Board of Education

to the extent of available funds. An amount equal to one-half

of the State education agency's share of IDEA PART B federal

monies, or so much thereof as may actually be needed, shall

annually be appropriated to pay for the additional costs of

providing for room and board for those children placed pursuant

to Section 14-7.02 of this Code and, after all such room and

board costs are paid, for similar expenditures for children

served pursuant to Section 14-7.02 or 14-7.02b of this Code.

Any such excess room and board funds must first be directed to

those school districts with students costing in excess of 4

times the district's per capita tuition charge and then to

community based programs that serve as alternatives to

residential placements.

Beginning with Fiscal Year 1997 and continuing through

Fiscal Year 2000, 100% of the former Chapter I, Section 89-313

federal funds shall be allocated by the State Board of

Education in the same manner as IDEA, PART B "flow through"

funding to local school districts, joint agreements, and

special education cooperatives for the maintenance of

instructional and related support services to students with

disabilities. However, beginning with Fiscal Year 1998, the

total IDEA Part B discretionary funds available to the State

Board of Education shall not exceed the maximum permissible

under federal law or 20% of the total federal funds available

to the State, whichever is less. After all room and board

payments and similar expenditures are made by the State Board

of Education as required by this Section, the State Board of

Education may use the remaining funds for administration and

for providing discretionary activities. However, the State

Board of Education may use no more than 25% of its available

IDEA Part B discretionary funds for administrative services.

Special education and related services included in the

child's individualized educational program which are not

provided by another State agency shall be included in the

special education and related services provided by the State

Board of Education and the local school district.

The State Board of Education with the advice of the

Advisory Council shall prescribe the standards and make the

necessary rules and regulations for special education programs

administered by local school boards, including but not limited

to establishment of classes, training requirements of teachers

and other professional personnel, eligibility and admission of

pupils, the curriculum, class size limitation, building

programs, housing, transportation, special equipment and

instructional supplies, and the applications for claims for

reimbursement. The State Board of Education shall promulgate

rules and regulations for annual evaluations of the

effectiveness of all special education programs and annual

evaluation by the local school district of the individualized

educational program for each child for whom it provides special

education services.

A school district is responsible for the provision of

educational services for all school age children residing

within its boundaries excluding any student placed under the

provisions of Section 14-7.02 or any student with a disability

disabled student whose parent or guardian lives outside of the

State of Illinois as described in Section 14-1.11.

(Source: P.A. 93-1022, eff. 8-24-04; 94-69, eff. 7-1-05.)

(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

Sec. 14-8.02. Identification, Evaluation and Placement of

Children.

(a) The State Board of Education shall make rules under

which local school boards shall determine the eligibility of

children to receive special education. Such rules shall ensure

that a free appropriate public education be available to all

children with disabilities as defined in Section 14-1.02. The

State Board of Education shall require local school districts

to administer non-discriminatory procedures or tests to

limited English proficiency students coming from homes in which

a language other than English is used to determine their

eligibility to receive special education. The placement of low

English proficiency students in special education programs and

facilities shall be made in accordance with the test results

reflecting the student's linguistic, cultural and special

education needs. For purposes of determining the eligibility of

children the State Board of Education shall include in the

rules definitions of "case study", "staff conference",

"individualized educational program", and "qualified

specialist" appropriate to each category of children with

disabilities as defined in this Article. For purposes of

determining the eligibility of children from homes in which a

language other than English is used, the State Board of

Education shall include in the rules definitions for "qualified

bilingual specialists" and "linguistically and culturally

appropriate individualized educational programs". For purposes

of this Section, as well as Sections 14-8.02a, 14-8.02b, and

14-8.02c of this Code, "parent" means a parent as defined in

the federal Individuals with Disabilities Education Act (20

U.S.C. 1401(23)).

(b) No child shall be eligible for special education

facilities except with a carefully completed case study fully

reviewed by professional personnel in a multidisciplinary

staff conference and only upon the recommendation of qualified

specialists or a qualified bilingual specialist, if available.

At the conclusion of the multidisciplinary staff conference,

the parent of the child shall be given a copy of the

multidisciplinary conference summary report and

recommendations, which includes options considered, and be

informed of their right to obtain an independent educational

evaluation if they disagree with the evaluation findings

conducted or obtained by the school district. If the school

district's evaluation is shown to be inappropriate, the school

district shall reimburse the parent for the cost of the

independent evaluation. The State Board of Education shall,

with advice from the State Advisory Council on Education of

Children with Disabilities on the inclusion of specific

independent educational evaluators, prepare a list of

suggested independent educational evaluators. The State Board

of Education shall include on the list clinical psychologists

licensed pursuant to the Clinical Psychologist Licensing Act.

Such psychologists shall not be paid fees in excess of the

amount that would be received by a school psychologist for

performing the same services. The State Board of Education

shall supply school districts with such list and make the list

available to parents at their request. School districts shall

make the list available to parents at the time they are

informed of their right to obtain an independent educational

evaluation. However, the school district may initiate an

impartial due process hearing under this Section within 5 days

of any written parent request for an independent educational

evaluation to show that its evaluation is appropriate. If the

final decision is that the evaluation is appropriate, the

parent still has a right to an independent educational

evaluation, but not at public expense. An independent

educational evaluation at public expense must be completed

within 30 days of a parent written request unless the school

district initiates an impartial due process hearing or the

parent or school district offers reasonable grounds to show

that such 30 day time period should be extended. If the due

process hearing decision indicates that the parent is entitled

to an independent educational evaluation, it must be completed

within 30 days of the decision unless the parent or the school

district offers reasonable grounds to show that such 30 day

period should be extended. If a parent disagrees with the

summary report or recommendations of the multidisciplinary

conference or the findings of any educational evaluation which

results therefrom, the school district shall not proceed with a

placement based upon such evaluation and the child shall remain

in his or her regular classroom setting. No child shall be

eligible for admission to a special class for children with a

mental disability who are educable or for children with a

mental disability who are trainable the educable mentally

disabled or for the trainable mentally disabled except with a

psychological evaluation and recommendation by a school

psychologist. Consent shall be obtained from the parent of a

child before any evaluation is conducted. If consent is not

given by the parent or if the parent disagrees with the

findings of the evaluation, then the school district may

initiate an impartial due process hearing under this Section.

The school district may evaluate the child if that is the

decision resulting from the impartial due process hearing and

the decision is not appealed or if the decision is affirmed on

appeal. The determination of eligibility shall be made and the

IEP meeting shall be completed within 60 school days from the

date of written parental consent. In those instances when

written parental consent is obtained with fewer than 60 pupil

attendance days left in the school year, the eligibility

determination shall be made and the IEP meeting shall be

completed prior to the first day of the following school year.

Special education and related services must be provided in

accordance with the student's IEP no later than 10 school

attendance days after notice is provided to the parents

pursuant to Section 300.503 of Title 34 of the Code of Federal

Regulations and implementing rules adopted by the State Board

of Education. The appropriate program pursuant to the

individualized educational program of students whose native

tongue is a language other than English shall reflect the

special education, cultural and linguistic needs. No later than

September 1, 1993, the State Board of Education shall establish

standards for the development, implementation and monitoring

of appropriate bilingual special individualized educational

programs. The State Board of Education shall further

incorporate appropriate monitoring procedures to verify

implementation of these standards. The district shall indicate

to the parent and the State Board of Education the nature of

the services the child will receive for the regular school term

while waiting placement in the appropriate special education

class.

If the child is deaf, hard of hearing, blind, or visually

impaired and he or she might be eligible to receive services

from the Illinois School for the Deaf or the Illinois School

for the Visually Impaired, the school district shall notify the

parents, in writing, of the existence of these schools and the

services they provide and shall make a reasonable effort to

inform the parents of the existence of other, local schools

that provide similar services and the services that these other

schools provide. This notification shall include without

limitation information on school services, school admissions

criteria, and school contact information.

In the development of the individualized education program

for a student who has a disability on the autism spectrum

(which includes autistic disorder, Asperger's disorder,

pervasive developmental disorder not otherwise specified,

childhood disintegrative disorder, and Rett Syndrome, as

defined in the Diagnostic and Statistical Manual of Mental

Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall

consider all of the following factors:

(1) The verbal and nonverbal communication needs of the

child.

(2) The need to develop social interaction skills and

proficiencies.

(3) The needs resulting from the child's unusual

responses to sensory experiences.

(4) The needs resulting from resistance to

environmental change or change in daily routines.

(5) The needs resulting from engagement in repetitive

activities and stereotyped movements.

(6) The need for any positive behavioral

interventions, strategies, and supports to address any

behavioral difficulties resulting from autism spectrum

disorder.

(7) Other needs resulting from the child's disability

that impact progress in the general curriculum, including

social and emotional development.

Public Act 95-257 does not create any new entitlement to a

service, program, or benefit, but must not affect any

entitlement to a service, program, or benefit created by any

other law.

If the student may be eligible to participate in the

Home-Based Support Services Program for Adults with Mental

Disabilities Mentally Disabled Adults authorized under the

Developmental Disability and Mental Disability Services Act

upon becoming an adult, the student's individualized education

program shall include plans for (i) determining the student's

eligibility for those home-based services, (ii) enrolling the

student in the program of home-based services, and (iii)

developing a plan for the student's most effective use of the

home-based services after the student becomes an adult and no

longer receives special educational services under this

Article. The plans developed under this paragraph shall include

specific actions to be taken by specified individuals,

agencies, or officials.

(c) In the development of the individualized education

program for a student who is functionally blind, it shall be

presumed that proficiency in Braille reading and writing is

essential for the student's satisfactory educational progress.

For purposes of this subsection, the State Board of Education

shall determine the criteria for a student to be classified as

functionally blind. Students who are not currently identified

as functionally blind who are also entitled to Braille

instruction include: (i) those whose vision loss is so severe

that they are unable to read and write at a level comparable to

their peers solely through the use of vision, and (ii) those

who show evidence of progressive vision loss that may result in

functional blindness. Each student who is functionally blind

shall be entitled to Braille reading and writing instruction

that is sufficient to enable the student to communicate with

the same level of proficiency as other students of comparable

ability. Instruction should be provided to the extent that the

student is physically and cognitively able to use Braille.

Braille instruction may be used in combination with other

special education services appropriate to the student's

educational needs. The assessment of each student who is

functionally blind for the purpose of developing the student's

individualized education program shall include documentation

of the student's strengths and weaknesses in Braille skills.

Each person assisting in the development of the individualized

education program for a student who is functionally blind shall

receive information describing the benefits of Braille

instruction. The individualized education program for each

student who is functionally blind shall specify the appropriate

learning medium or media based on the assessment report.

(d) To the maximum extent appropriate, the placement shall

provide the child with the opportunity to be educated with

children who do not have a disability are not disabled;

provided that children with disabilities who are recommended to

be placed into regular education classrooms are provided with

supplementary services to assist the children with

disabilities to benefit from the regular classroom instruction

and are included on the teacher's regular education class

register. Subject to the limitation of the preceding sentence,

placement in special classes, separate schools or other removal

of the child with a disability disabled child from the regular

educational environment shall occur only when the nature of the

severity of the disability is such that education in the

regular classes with the use of supplementary aids and services

cannot be achieved satisfactorily. The placement of limited

English proficiency students with disabilities shall be in

non-restrictive environments which provide for integration

with non-disabled peers who do not have disabilities in

bilingual classrooms. Annually, each January, school districts

shall report data on students from non-English speaking

backgrounds receiving special education and related services

in public and private facilities as prescribed in Section

2-3.30. If there is a disagreement between parties involved

regarding the special education placement of any child, either

in-state or out-of-state, the placement is subject to impartial

due process procedures described in Article 10 of the Rules and

Regulations to Govern the Administration and Operation of

Special Education.

(e) No child who comes from a home in which a language

other than English is the principal language used may be

assigned to any class or program under this Article until he

has been given, in the principal language used by the child and

used in his home, tests reasonably related to his cultural

environment. All testing and evaluation materials and

procedures utilized for evaluation and placement shall not be

linguistically, racially or culturally discriminatory.

(f) Nothing in this Article shall be construed to require

any child to undergo any physical examination or medical

treatment whose parents object thereto on the grounds that such

examination or treatment conflicts with his religious beliefs.

(g) School boards or their designee shall provide to the

parents of a child prior written notice of any decision (a)

proposing to initiate or change, or (b) refusing to initiate or

change, the identification, evaluation, or educational

placement of the child or the provision of a free appropriate

public education to their child, and the reasons therefor. Such

written notification shall also inform the parent of the

opportunity to present complaints with respect to any matter

relating to the educational placement of the student, or the

provision of a free appropriate public education and to have an

impartial due process hearing on the complaint. The notice

shall inform the parents in the parents' native language,

unless it is clearly not feasible to do so, of their rights and

all procedures available pursuant to this Act and the federal

Individuals with Disabilities Education Improvement Act of

2004 (Public Law 108-446); it shall be the responsibility of

the State Superintendent to develop uniform notices setting

forth the procedures available under this Act and the federal

Individuals with Disabilities Education Improvement Act of

2004 (Public Law 108-446) to be used by all school boards. The

notice shall also inform the parents of the availability upon

request of a list of free or low-cost legal and other relevant

services available locally to assist parents in initiating an

impartial due process hearing. Any parent who is deaf, or does

not normally communicate using spoken English, who

participates in a meeting with a representative of a local

educational agency for the purposes of developing an

individualized educational program shall be entitled to the

services of an interpreter.

(g-5) For purposes of this subsection (g-5), "qualified

professional" means an individual who holds credentials to

evaluate the child in the domain or domains for which an

evaluation is sought or an intern working under the direct

supervision of a qualified professional, including a master's

or doctoral degree candidate.

To ensure that a parent can participate fully and

effectively with school personnel in the development of

appropriate educational and related services for his or her

child, the parent, an independent educational evaluator, or a

qualified professional retained by or on behalf of a parent or

child must be afforded reasonable access to educational

facilities, personnel, classrooms, and buildings and to the

child as provided in this subsection (g-5). The requirements of

this subsection (g-5) apply to any public school facility,

building, or program and to any facility, building, or program

supported in whole or in part by public funds. Prior to

visiting a school, school building, or school facility, the

parent, independent educational evaluator, or qualified

professional may be required by the school district to inform

the building principal or supervisor in writing of the proposed

visit, the purpose of the visit, and the approximate duration

of the visit. The visitor and the school district shall arrange

the visit or visits at times that are mutually agreeable.

Visitors shall comply with school safety, security, and

visitation policies at all times. School district visitation

policies must not conflict with this subsection (g-5). Visitors

shall be required to comply with the requirements of applicable

privacy laws, including those laws protecting the

confidentiality of education records such as the federal Family

Educational Rights and Privacy Act and the Illinois School

Student Records Act. The visitor shall not disrupt the

educational process.

(1) A parent must be afforded reasonable access of

sufficient duration and scope for the purpose of observing

his or her child in the child's current educational

placement, services, or program or for the purpose of

visiting an educational placement or program proposed for

the child.

(2) An independent educational evaluator or a

qualified professional retained by or on behalf of a parent

or child must be afforded reasonable access of sufficient

duration and scope for the purpose of conducting an

evaluation of the child, the child's performance, the

child's current educational program, placement, services,

or environment, or any educational program, placement,

services, or environment proposed for the child, including

interviews of educational personnel, child observations,

assessments, tests or assessments of the child's

educational program, services, or placement or of any

proposed educational program, services, or placement. If

one or more interviews of school personnel are part of the

evaluation, the interviews must be conducted at a mutually

agreed upon time, date, and place that do not interfere

with the school employee's school duties. The school

district may limit interviews to personnel having

information relevant to the child's current educational

services, program, or placement or to a proposed

educational service, program, or placement.

(h) (Blank).

(i) (Blank).

(j) (Blank).

(k) (Blank).

(l) (Blank).

(m) (Blank).

(n) (Blank).

(o) (Blank).

(Source: P.A. 98-219, eff. 8-9-13.)

(105 ILCS 5/14-8.04) (from Ch. 122, par. 14-8.04)

Sec. 14-8.04. Supported employment. The school board that

is the governing body of any secondary school in this State

that provides special education services and facilities for

children with disabilities shall include, as part of preparing

the transition planning for children with disabilities

disabled children who are 16 years of age or more,

consideration of a supported employment component with

experiences in integrated community settings for those

eligible children with disabilities who have been determined at

an IEP meeting to be in need of participation in the supported

employment services offered pursuant to this Section.

Supported employment services made available as part of

transition planning under this Section shall be designed and

developed for school boards by the State Board of Education, in

consultation with programs such as Project CHOICES (Children

Have Opportunities In Integrated Community Environments),

parents and advocates of children with disabilities, and the

Departments of Central Management Services and Human Services.

(Source: P.A. 98-44, eff. 6-28-13.)

(105 ILCS 5/14-11.01) (from Ch. 122, par. 14-11.01)

Sec. 14-11.01. Educational materials coordinating unit.

The State Board of Education shall maintain or contract for an

educational materials coordinating unit for children with

disabilities to provide:

(1) Staff and resources for the coordination, cataloging,

standardizing, production, procurement, storage, and

distribution of educational materials needed by children with

visual disabilities visually disabled children and adults with

disabilities.

(2) Staff and resources of an instructional materials

center to include library, audio-visual, programmed, and other

types of instructional materials peculiarly adapted to the

instruction of pupils with disabilities.

The educational materials coordinating unit shall have as

its major purpose the improvement of instructional programs for

children with disabilities and the in-service training of all

professional personnel associated with programs of special

education and to these ends is authorized to operate under

rules and regulations of the State Board of Education with the

advice of the Advisory Council.

(Source: P.A. 89-397, eff. 8-20-95.)

(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)

Sec. 17-2.11. School board power to levy a tax or to borrow

money and issue bonds for fire prevention, safety, energy

conservation, disabled accessibility, school security, and

specified repair purposes.

(a) Whenever, as a result of any lawful order of any

agency, other than a school board, having authority to enforce

any school building code applicable to any facility that houses

students, or any law or regulation for the protection and

safety of the environment, pursuant to the Environmental

Protection Act, any school district having a population of less

than 500,000 inhabitants is required to alter or reconstruct

any school building or permanent, fixed equipment; the district

may, by proper resolution, levy a tax for the purpose of making

such alteration or reconstruction, based on a survey report by

an architect or engineer licensed in this State, upon all of

the taxable property of the district at the value as assessed

by the Department of Revenue and at a rate not to exceed 0.05%

per year for a period sufficient to finance such alteration or

reconstruction, upon the following conditions:

(1) When there are not sufficient funds available in

the operations and maintenance fund of the school district,

the school facility occupation tax fund of the district, or

the fire prevention and safety fund of the district, as

determined by the district on the basis of rules adopted by

the State Board of Education, to make such alteration or

reconstruction or to purchase and install such permanent,

fixed equipment so ordered or determined as necessary.

Appropriate school district records must be made available

to the State Superintendent of Education, upon request, to

confirm this insufficiency.

(2) When a certified estimate of an architect or

engineer licensed in this State stating the estimated

amount necessary to make the alteration or reconstruction

or to purchase and install the equipment so ordered has

been secured by the school district, and the estimate has

been approved by the regional superintendent of schools

having jurisdiction over the district and the State

Superintendent of Education. Approval must not be granted

for any work that has already started without the prior

express authorization of the State Superintendent of

Education. If the estimate is not approved or is denied

approval by the regional superintendent of schools within 3

months after the date on which it is submitted to him or

her, the school board of the district may submit the

estimate directly to the State Superintendent of Education

for approval or denial.

In the case of an emergency situation, where the estimated

cost to effectuate emergency repairs is less than the amount

specified in Section 10-20.21 of this Code, the school district

may proceed with such repairs prior to approval by the State

Superintendent of Education, but shall comply with the

provisions of subdivision (2) of this subsection (a) as soon

thereafter as may be as well as Section 10-20.21 of this Code.

If the estimated cost to effectuate emergency repairs is

greater than the amount specified in Section 10-20.21 of this

Code, then the school district shall proceed in conformity with

Section 10-20.21 of this Code and with rules established by the

State Board of Education to address such situations. The rules

adopted by the State Board of Education to deal with these

situations shall stipulate that emergency situations must be

expedited and given priority consideration. For purposes of

this paragraph, an emergency is a situation that presents an

imminent and continuing threat to the health and safety of

students or other occupants of a facility, requires complete or

partial evacuation of a building or part of a building, or

consumes one or more of the 5 emergency days built into the

adopted calendar of the school or schools or would otherwise be

expected to cause such school or schools to fall short of the

minimum school calendar requirements.

(b) Whenever any such district determines that it is

necessary for energy conservation purposes that any school

building or permanent, fixed equipment should be altered or

reconstructed and that such alterations or reconstruction will

be made with funds not necessary for the completion of approved

and recommended projects contained in any safety survey report

or amendments thereto authorized by Section 2-3.12 of this Act;

the district may levy a tax or issue bonds as provided in

subsection (a) of this Section.

(c) Whenever any such district determines that it is

necessary for disabled accessibility purposes and to comply

with the school building code that any school building or

equipment should be altered or reconstructed and that such

alterations or reconstruction will be made with funds not

necessary for the completion of approved and recommended

projects contained in any safety survey report or amendments

thereto authorized under Section 2-3.12 of this Act, the

district may levy a tax or issue bonds as provided in

subsection (a) of this Section.

(d) Whenever any such district determines that it is

necessary for school security purposes and the related

protection and safety of pupils and school personnel that any

school building or property should be altered or reconstructed

or that security systems and equipment (including but not

limited to intercom, early detection and warning, access

control and television monitoring systems) should be purchased

and installed, and that such alterations, reconstruction or

purchase and installation of equipment will be made with funds

not necessary for the completion of approved and recommended

projects contained in any safety survey report or amendment

thereto authorized by Section 2-3.12 of this Act and will deter

and prevent unauthorized entry or activities upon school

property by unknown or dangerous persons, assure early

detection and advance warning of any such actual or attempted

unauthorized entry or activities and help assure the continued

safety of pupils and school staff if any such unauthorized

entry or activity is attempted or occurs; the district may levy

a tax or issue bonds as provided in subsection (a) of this

Section.

(e) If a school district does not need funds for other fire

prevention and safety projects, including the completion of

approved and recommended projects contained in any safety

survey report or amendments thereto authorized by Section

2-3.12 of this Act, and it is determined after a public hearing

(which is preceded by at least one published notice (i)

occurring at least 7 days prior to the hearing in a newspaper

of general circulation within the school district and (ii)

setting forth the time, date, place, and general subject matter

of the hearing) that there is a substantial, immediate, and

otherwise unavoidable threat to the health, safety, or welfare

of pupils due to disrepair of school sidewalks, playgrounds,

parking lots, or school bus turnarounds and repairs must be

made; then the district may levy a tax or issue bonds as

provided in subsection (a) of this Section.

(f) For purposes of this Section a school district may

replace a school building or build additions to replace

portions of a building when it is determined that the

effectuation of the recommendations for the existing building

will cost more than the replacement costs. Such determination

shall be based on a comparison of estimated costs made by an

architect or engineer licensed in the State of Illinois. The

new building or addition shall be equivalent in area (square

feet) and comparable in purpose and grades served and may be on

the same site or another site. Such replacement may only be

done upon order of the regional superintendent of schools and

the approval of the State Superintendent of Education.

(g) The filing of a certified copy of the resolution

levying the tax when accompanied by the certificates of the

regional superintendent of schools and State Superintendent of

Education shall be the authority of the county clerk to extend

such tax.

(h) The county clerk of the county in which any school

district levying a tax under the authority of this Section is

located, in reducing raised levies, shall not consider any such

tax as a part of the general levy for school purposes and shall

not include the same in the limitation of any other tax rate

which may be extended.

Such tax shall be levied and collected in like manner as

all other taxes of school districts, subject to the provisions

contained in this Section.

(i) The tax rate limit specified in this Section may be

increased to .10% upon the approval of a proposition to effect

such increase by a majority of the electors voting on that

proposition at a regular scheduled election. Such proposition

may be initiated by resolution of the school board and shall be

certified by the secretary to the proper election authorities

for submission in accordance with the general election law.

(j) When taxes are levied by any school district for fire

prevention, safety, energy conservation, and school security

purposes as specified in this Section, and the purposes for

which the taxes have been levied are accomplished and paid in

full, and there remain funds on hand in the Fire Prevention and

Safety Fund from the proceeds of the taxes levied, including

interest earnings thereon, the school board by resolution shall

use such excess and other board restricted funds, excluding

bond proceeds and earnings from such proceeds, as follows:

(1) for other authorized fire prevention, safety,

energy conservation, and school security purposes and for

required safety inspections; or

(2) for transfer to the Operations and Maintenance Fund

for the purpose of abating an equal amount of operations

and maintenance purposes taxes.

Notwithstanding subdivision (2) of this subsection (j) and

subsection (k) of this Section, through June 30, 2016, the

school board may, by proper resolution following a public

hearing set by the school board or the president of the school

board (that is preceded (i) by at least one published notice

over the name of the clerk or secretary of the board, occurring

at least 7 days and not more than 30 days prior to the hearing,

in a newspaper of general circulation within the school

district and (ii) by posted notice over the name of the clerk

or secretary of the board, at least 48 hours before the

hearing, at the principal office of the school board or at the

building where the hearing is to be held if a principal office

does not exist, with both notices setting forth the time, date,

place, and subject matter of the hearing), transfer surplus

life safety taxes and interest earnings thereon to the

Operations and Maintenance Fund for building repair work.

(k) If any transfer is made to the Operation and

Maintenance Fund, the secretary of the school board shall

within 30 days notify the county clerk of the amount of that

transfer and direct the clerk to abate the taxes to be extended

for the purposes of operations and maintenance authorized under

Section 17-2 of this Act by an amount equal to such transfer.

(l) If the proceeds from the tax levy authorized by this

Section are insufficient to complete the work approved under

this Section, the school board is authorized to sell bonds

without referendum under the provisions of this Section in an

amount that, when added to the proceeds of the tax levy

authorized by this Section, will allow completion of the

approved work.

(m) Any bonds issued pursuant to this Section shall bear

interest at a rate not to exceed the maximum rate authorized by

law at the time of the making of the contract, shall mature

within 20 years from date, and shall be signed by the president

of the school board and the treasurer of the school district.

(n) In order to authorize and issue such bonds, the school

board shall adopt a resolution fixing the amount of bonds, the

date thereof, the maturities thereof, rates of interest

thereof, place of payment and denomination, which shall be in

denominations of not less than $100 and not more than $5,000,

and provide for the levy and collection of a direct annual tax

upon all the taxable property in the school district sufficient

to pay the principal and interest on such bonds to maturity.

Upon the filing in the office of the county clerk of the county

in which the school district is located of a certified copy of

the resolution, it is the duty of the county clerk to extend

the tax therefor in addition to and in excess of all other

taxes heretofore or hereafter authorized to be levied by such

school district.

(o) After the time such bonds are issued as provided for by

this Section, if additional alterations or reconstructions are

required to be made because of surveys conducted by an

architect or engineer licensed in the State of Illinois, the

district may levy a tax at a rate not to exceed .05% per year

upon all the taxable property of the district or issue

additional bonds, whichever action shall be the most feasible.

(p) This Section is cumulative and constitutes complete

authority for the issuance of bonds as provided in this Section

notwithstanding any other statute or law to the contrary.

(q) With respect to instruments for the payment of money

issued under this Section either before, on, or after the

effective date of Public Act 86-004 (June 6, 1989), it is, and

always has been, the intention of the General Assembly (i) that

the Omnibus Bond Acts are, and always have been, supplementary

grants of power to issue instruments in accordance with the

Omnibus Bond Acts, regardless of any provision of this Act that

may appear to be or to have been more restrictive than those

Acts, (ii) that the provisions of this Section are not a

limitation on the supplementary authority granted by the

Omnibus Bond Acts, and (iii) that instruments issued under this

Section within the supplementary authority granted by the

Omnibus Bond Acts are not invalid because of any provision of

this Act that may appear to be or to have been more restrictive

than those Acts.

(r) When the purposes for which the bonds are issued have

been accomplished and paid for in full and there remain funds

on hand from the proceeds of the bond sale and interest

earnings therefrom, the board shall, by resolution, use such

excess funds in accordance with the provisions of Section

10-22.14 of this Act.

(s) Whenever any tax is levied or bonds issued for fire

prevention, safety, energy conservation, and school security

purposes, such proceeds shall be deposited and accounted for

separately within the Fire Prevention and Safety Fund.

(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14.)

(105 ILCS 5/19-1)

Sec. 19-1. Debt limitations of school districts.

(a) School districts shall not be subject to the provisions

limiting their indebtedness prescribed in "An Act to limit the

indebtedness of counties having a population of less than

500,000 and townships, school districts and other municipal

corporations having a population of less than 300,000",

approved February 15, 1928, as amended.

No school districts maintaining grades K through 8 or 9

through 12 shall become indebted in any manner or for any

purpose to an amount, including existing indebtedness, in the

aggregate exceeding 6.9% on the value of the taxable property

therein to be ascertained by the last assessment for State and

county taxes or, until January 1, 1983, if greater, the sum

that is produced by multiplying the school district's 1978

equalized assessed valuation by the debt limitation percentage

in effect on January 1, 1979, previous to the incurring of such

indebtedness.

No school districts maintaining grades K through 12 shall

become indebted in any manner or for any purpose to an amount,

including existing indebtedness, in the aggregate exceeding

13.8% on the value of the taxable property therein to be

ascertained by the last assessment for State and county taxes

or, until January 1, 1983, if greater, the sum that is produced

by multiplying the school district's 1978 equalized assessed

valuation by the debt limitation percentage in effect on

January 1, 1979, previous to the incurring of such

indebtedness.

No partial elementary unit district, as defined in Article

11E of this Code, shall become indebted in any manner or for

any purpose in an amount, including existing indebtedness, in

the aggregate exceeding 6.9% of the value of the taxable

property of the entire district, to be ascertained by the last

assessment for State and county taxes, plus an amount,

including existing indebtedness, in the aggregate exceeding

6.9% of the value of the taxable property of that portion of

the district included in the elementary and high school

classification, to be ascertained by the last assessment for

State and county taxes. Moreover, no partial elementary unit

district, as defined in Article 11E of this Code, shall become

indebted on account of bonds issued by the district for high

school purposes in the aggregate exceeding 6.9% of the value of

the taxable property of the entire district, to be ascertained

by the last assessment for State and county taxes, nor shall

the district become indebted on account of bonds issued by the

district for elementary purposes in the aggregate exceeding

6.9% of the value of the taxable property for that portion of

the district included in the elementary and high school

classification, to be ascertained by the last assessment for

State and county taxes.

Notwithstanding the provisions of any other law to the

contrary, in any case in which the voters of a school district

have approved a proposition for the issuance of bonds of such

school district at an election held prior to January 1, 1979,

and all of the bonds approved at such election have not been

issued, the debt limitation applicable to such school district

during the calendar year 1979 shall be computed by multiplying

the value of taxable property therein, including personal

property, as ascertained by the last assessment for State and

county taxes, previous to the incurring of such indebtedness,

by the percentage limitation applicable to such school district

under the provisions of this subsection (a).

(b) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, additional indebtedness may be

incurred in an amount not to exceed the estimated cost of

acquiring or improving school sites or constructing and

equipping additional building facilities under the following

conditions:

(1) Whenever the enrollment of students for the next

school year is estimated by the board of education to

increase over the actual present enrollment by not less

than 35% or by not less than 200 students or the actual

present enrollment of students has increased over the

previous school year by not less than 35% or by not less

than 200 students and the board of education determines

that additional school sites or building facilities are

required as a result of such increase in enrollment; and

(2) When the Regional Superintendent of Schools having

jurisdiction over the school district and the State

Superintendent of Education concur in such enrollment

projection or increase and approve the need for such

additional school sites or building facilities and the

estimated cost thereof; and

(3) When the voters in the school district approve a

proposition for the issuance of bonds for the purpose of

acquiring or improving such needed school sites or

constructing and equipping such needed additional building

facilities at an election called and held for that purpose.

Notice of such an election shall state that the amount of

indebtedness proposed to be incurred would exceed the debt

limitation otherwise applicable to the school district.

The ballot for such proposition shall state what percentage

of the equalized assessed valuation will be outstanding in

bonds if the proposed issuance of bonds is approved by the

voters; or

(4) Notwithstanding the provisions of paragraphs (1)

through (3) of this subsection (b), if the school board

determines that additional facilities are needed to

provide a quality educational program and not less than 2/3

of those voting in an election called by the school board

on the question approve the issuance of bonds for the

construction of such facilities, the school district may

issue bonds for this purpose; or

(5) Notwithstanding the provisions of paragraphs (1)

through (3) of this subsection (b), if (i) the school

district has previously availed itself of the provisions of

paragraph (4) of this subsection (b) to enable it to issue

bonds, (ii) the voters of the school district have not

defeated a proposition for the issuance of bonds since the

referendum described in paragraph (4) of this subsection

(b) was held, (iii) the school board determines that

additional facilities are needed to provide a quality

educational program, and (iv) a majority of those voting in

an election called by the school board on the question

approve the issuance of bonds for the construction of such

facilities, the school district may issue bonds for this

purpose.

In no event shall the indebtedness incurred pursuant to

this subsection (b) and the existing indebtedness of the school

district exceed 15% of the value of the taxable property

therein to be ascertained by the last assessment for State and

county taxes, previous to the incurring of such indebtedness

or, until January 1, 1983, if greater, the sum that is produced

by multiplying the school district's 1978 equalized assessed

valuation by the debt limitation percentage in effect on

January 1, 1979.

The indebtedness provided for by this subsection (b) shall

be in addition to and in excess of any other debt limitation.

(c) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, in any case in which a public

question for the issuance of bonds of a proposed school

district maintaining grades kindergarten through 12 received

at least 60% of the valid ballots cast on the question at an

election held on or prior to November 8, 1994, and in which the

bonds approved at such election have not been issued, the

school district pursuant to the requirements of Section 11A-10

(now repealed) may issue the total amount of bonds approved at

such election for the purpose stated in the question.

(d) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, a school district that meets

all the criteria set forth in paragraphs (1) and (2) of this

subsection (d) may incur an additional indebtedness in an

amount not to exceed $4,500,000, even though the amount of the

additional indebtedness authorized by this subsection (d),

when incurred and added to the aggregate amount of indebtedness

of the district existing immediately prior to the district

incurring the additional indebtedness authorized by this

subsection (d), causes the aggregate indebtedness of the

district to exceed the debt limitation otherwise applicable to

that district under subsection (a):

(1) The additional indebtedness authorized by this

subsection (d) is incurred by the school district through

the issuance of bonds under and in accordance with Section

17-2.11a for the purpose of replacing a school building

which, because of mine subsidence damage, has been closed

as provided in paragraph (2) of this subsection (d) or

through the issuance of bonds under and in accordance with

Section 19-3 for the purpose of increasing the size of, or

providing for additional functions in, such replacement

school buildings, or both such purposes.

(2) The bonds issued by the school district as provided

in paragraph (1) above are issued for the purposes of

construction by the school district of a new school

building pursuant to Section 17-2.11, to replace an

existing school building that, because of mine subsidence

damage, is closed as of the end of the 1992-93 school year

pursuant to action of the regional superintendent of

schools of the educational service region in which the

district is located under Section 3-14.22 or are issued for

the purpose of increasing the size of, or providing for

additional functions in, the new school building being

constructed to replace a school building closed as the

result of mine subsidence damage, or both such purposes.

(e) (Blank).

(f) Notwithstanding the provisions of subsection (a) of

this Section or of any other law, bonds in not to exceed the

aggregate amount of $5,500,000 and issued by a school district

meeting the following criteria shall not be considered

indebtedness for purposes of any statutory limitation and may

be issued in an amount or amounts, including existing

indebtedness, in excess of any heretofore or hereafter imposed

statutory limitation as to indebtedness:

(1) At the time of the sale of such bonds, the board of

education of the district shall have determined by

resolution that the enrollment of students in the district

is projected to increase by not less than 7% during each of

the next succeeding 2 school years.

(2) The board of education shall also determine by

resolution that the improvements to be financed with the

proceeds of the bonds are needed because of the projected

enrollment increases.

(3) The board of education shall also determine by

resolution that the projected increases in enrollment are

the result of improvements made or expected to be made to

passenger rail facilities located in the school district.

Notwithstanding the provisions of subsection (a) of this

Section or of any other law, a school district that has availed

itself of the provisions of this subsection (f) prior to July

22, 2004 (the effective date of Public Act 93-799) may also

issue bonds approved by referendum up to an amount, including

existing indebtedness, not exceeding 25% of the equalized

assessed value of the taxable property in the district if all

of the conditions set forth in items (1), (2), and (3) of this

subsection (f) are met.

(g) Notwithstanding the provisions of subsection (a) of

this Section or any other law, bonds in not to exceed an

aggregate amount of 25% of the equalized assessed value of the

taxable property of a school district and issued by a school

district meeting the criteria in paragraphs (i) through (iv) of

this subsection shall not be considered indebtedness for

purposes of any statutory limitation and may be issued pursuant

to resolution of the school board in an amount or amounts,

including existing indebtedness, in excess of any statutory

limitation of indebtedness heretofore or hereafter imposed:

(i) The bonds are issued for the purpose of

constructing a new high school building to replace two

adjacent existing buildings which together house a single

high school, each of which is more than 65 years old, and

which together are located on more than 10 acres and less

than 11 acres of property.

(ii) At the time the resolution authorizing the

issuance of the bonds is adopted, the cost of constructing

a new school building to replace the existing school

building is less than 60% of the cost of repairing the

existing school building.

(iii) The sale of the bonds occurs before July 1, 1997.

(iv) The school district issuing the bonds is a unit

school district located in a county of less than 70,000 and

more than 50,000 inhabitants, which has an average daily

attendance of less than 1,500 and an equalized assessed

valuation of less than $29,000,000.

(h) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1998, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 27.6% of the equalized assessed

value of the taxable property in the district, if all of the

following conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $24,000,000;

(ii) The bonds are issued for the capital improvement,

renovation, rehabilitation, or replacement of existing

school buildings of the district, all of which buildings

were originally constructed not less than 40 years ago;

(iii) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after

March 19, 1996; and

(iv) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(i) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1998, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 27% of the equalized assessed value

of the taxable property in the district, if all of the

following conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $44,600,000;

(ii) The bonds are issued for the capital improvement,

renovation, rehabilitation, or replacement of existing

school buildings of the district, all of which existing

buildings were originally constructed not less than 80

years ago;

(iii) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after

December 31, 1996; and

(iv) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(j) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1999, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 27% of the equalized assessed value

of the taxable property in the district if all of the following

conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 of less than $140,000,000

and a best 3 months average daily attendance for the

1995-96 school year of at least 2,800;

(ii) The bonds are issued to purchase a site and build

and equip a new high school, and the school district's

existing high school was originally constructed not less

than 35 years prior to the sale of the bonds;

(iii) At the time of the sale of the bonds, the board

of education determines by resolution that a new high

school is needed because of projected enrollment

increases;

(iv) At least 60% of those voting in an election held

after December 31, 1996 approve a proposition for the

issuance of the bonds; and

(v) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(k) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section, a school district that meets

all the criteria set forth in paragraphs (1) through (4) of

this subsection (k) may issue bonds to incur an additional

indebtedness in an amount not to exceed $4,000,000 even though

the amount of the additional indebtedness authorized by this

subsection (k), when incurred and added to the aggregate amount

of indebtedness of the school district existing immediately

prior to the school district incurring such additional

indebtedness, causes the aggregate indebtedness of the school

district to exceed or increases the amount by which the

aggregate indebtedness of the district already exceeds the debt

limitation otherwise applicable to that school district under

subsection (a):

(1) the school district is located in 2 counties, and a

referendum to authorize the additional indebtedness was

approved by a majority of the voters of the school district

voting on the proposition to authorize that indebtedness;

(2) the additional indebtedness is for the purpose of

financing a multi-purpose room addition to the existing

high school;

(3) the additional indebtedness, together with the

existing indebtedness of the school district, shall not

exceed 17.4% of the value of the taxable property in the

school district, to be ascertained by the last assessment

for State and county taxes; and

(4) the bonds evidencing the additional indebtedness

are issued, if at all, within 120 days of the effective

date of this amendatory Act of 1998.

(l) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 2000, a

school district maintaining grades kindergarten through 8 may

issue bonds up to an amount, including existing indebtedness,

not exceeding 15% of the equalized assessed value of the

taxable property in the district if all of the following

conditions are met:

(i) the district has an equalized assessed valuation

for calendar year 1996 of less than $10,000,000;

(ii) the bonds are issued for capital improvement,

renovation, rehabilitation, or replacement of one or more

school buildings of the district, which buildings were

originally constructed not less than 70 years ago;

(iii) the voters of the district approve a proposition

for the issuance of the bonds at a referendum held on or

after March 17, 1998; and

(iv) the bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(m) Notwithstanding any other provisions of this Section or

the provisions of any other law, until January 1, 1999, an

elementary school district maintaining grades K through 8 may

issue bonds up to an amount, excluding existing indebtedness,

not exceeding 18% of the equalized assessed value of the

taxable property in the district, if all of the following

conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 1995 or less than $7,700,000;

(ii) The school district operates 2 elementary

attendance centers that until 1976 were operated as the

attendance centers of 2 separate and distinct school

districts;

(iii) The bonds are issued for the construction of a

new elementary school building to replace an existing

multi-level elementary school building of the school

district that is not handicapped accessible at all levels

and parts of which were constructed more than 75 years ago;

(iv) The voters of the school district approve a

proposition for the issuance of the bonds at a referendum

held after July 1, 1998; and

(v) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(n) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section or any other provisions of this

Section or of any other law, a school district that meets all

of the criteria set forth in paragraphs (i) through (vi) of

this subsection (n) may incur additional indebtedness by the

issuance of bonds in an amount not exceeding the amount

certified by the Capital Development Board to the school

district as provided in paragraph (iii) of this subsection (n),

even though the amount of the additional indebtedness so

authorized, when incurred and added to the aggregate amount of

indebtedness of the district existing immediately prior to the

district incurring the additional indebtedness authorized by

this subsection (n), causes the aggregate indebtedness of the

district to exceed the debt limitation otherwise applicable by

law to that district:

(i) The school district applies to the State Board of

Education for a school construction project grant and

submits a district facilities plan in support of its

application pursuant to Section 5-20 of the School

Construction Law.

(ii) The school district's application and facilities

plan are approved by, and the district receives a grant

entitlement for a school construction project issued by,

the State Board of Education under the School Construction

Law.

(iii) The school district has exhausted its bonding

capacity or the unused bonding capacity of the district is

less than the amount certified by the Capital Development

Board to the district under Section 5-15 of the School

Construction Law as the dollar amount of the school

construction project's cost that the district will be

required to finance with non-grant funds in order to

receive a school construction project grant under the

School Construction Law.

(iv) The bonds are issued for a "school construction

project", as that term is defined in Section 5-5 of the

School Construction Law, in an amount that does not exceed

the dollar amount certified, as provided in paragraph (iii)

of this subsection (n), by the Capital Development Board to

the school district under Section 5-15 of the School

Construction Law.

(v) The voters of the district approve a proposition

for the issuance of the bonds at a referendum held after

the criteria specified in paragraphs (i) and (iii) of this

subsection (n) are met.

(vi) The bonds are issued pursuant to Sections 19-2

through 19-7 of the School Code.

(o) Notwithstanding any other provisions of this Section or

the provisions of any other law, until November 1, 2007, a

community unit school district maintaining grades K through 12

may issue bonds up to an amount, including existing

indebtedness, not exceeding 20% of the equalized assessed value

of the taxable property in the district if all of the following

conditions are met:

(i) the school district has an equalized assessed

valuation for calendar year 2001 of at least $737,000,000

and an enrollment for the 2002-2003 school year of at least

8,500;

(ii) the bonds are issued to purchase school sites,

build and equip a new high school, build and equip a new

junior high school, build and equip 5 new elementary

schools, and make technology and other improvements and

additions to existing schools;

(iii) at the time of the sale of the bonds, the board

of education determines by resolution that the sites and

new or improved facilities are needed because of projected

enrollment increases;

(iv) at least 57% of those voting in a general election

held prior to January 1, 2003 approved a proposition for

the issuance of the bonds; and

(v) the bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(p) Notwithstanding any other provisions of this Section or

the provisions of any other law, a community unit school

district maintaining grades K through 12 may issue bonds up to

an amount, including indebtedness, not exceeding 27% of the

equalized assessed value of the taxable property in the

district if all of the following conditions are met:

(i) The school district has an equalized assessed

valuation for calendar year 2001 of at least $295,741,187

and a best 3 months' average daily attendance for the

2002-2003 school year of at least 2,394.

(ii) The bonds are issued to build and equip 3

elementary school buildings; build and equip one middle

school building; and alter, repair, improve, and equip all

existing school buildings in the district.

(iii) At the time of the sale of the bonds, the board

of education determines by resolution that the project is

needed because of expanding growth in the school district

and a projected enrollment increase.

(iv) The bonds are issued pursuant to Sections 19-2

through 19-7 of this Code.

(p-5) Notwithstanding any other provisions of this Section

or the provisions of any other law, bonds issued by a community

unit school district maintaining grades K through 12 shall not

be considered indebtedness for purposes of any statutory

limitation and may be issued in an amount or amounts, including

existing indebtedness, in excess of any heretofore or hereafter

imposed statutory limitation as to indebtedness, if all of the

following conditions are met:

(i) For each of the 4 most recent years, residential

property comprises more than 80% of the equalized assessed

valuation of the district.

(ii) At least 2 school buildings that were constructed

40 or more years prior to the issuance of the bonds will be

demolished and will be replaced by new buildings or

additions to one or more existing buildings.

(iii) Voters of the district approve a proposition for

the issuance of the bonds at a regularly scheduled

election.

(iv) At the time of the sale of the bonds, the school

board determines by resolution that the new buildings or

building additions are needed because of an increase in

enrollment projected by the school board.

(v) The principal amount of the bonds, including

existing indebtedness, does not exceed 25% of the equalized

assessed value of the taxable property in the district.

(vi) The bonds are issued prior to January 1, 2007,

pursuant to Sections 19-2 through 19-7 of this Code.

(p-10) Notwithstanding any other provisions of this

Section or the provisions of any other law, bonds issued by a

community consolidated school district maintaining grades K

through 8 shall not be considered indebtedness for purposes of

any statutory limitation and may be issued in an amount or

amounts, including existing indebtedness, in excess of any

heretofore or hereafter imposed statutory limitation as to

indebtedness, if all of the following conditions are met:

(i) For each of the 4 most recent years, residential

and farm property comprises more than 80% of the equalized

assessed valuation of the district.

(ii) The bond proceeds are to be used to acquire and

improve school sites and build and equip a school building.

(iii) Voters of the district approve a proposition for

the issuance of the bonds at a regularly scheduled

election.

(iv) At the time of the sale of the bonds, the school

board determines by resolution that the school sites and

building additions are needed because of an increase in

enrollment projected by the school board.

(v) The principal amount of the bonds, including

existing indebtedness, does not exceed 20% of the equalized

assessed value of the taxable property in the district.

(vi) The bonds are issued prior to January 1, 2007,

pursuant to Sections 19-2 through 19-7 of this Code.

(p-15) In addition to all other authority to issue bonds,

the Oswego Community Unit School District Number 308 may issue

bonds with an aggregate principal amount not to exceed

$450,000,000, but only if all of the following conditions are

met:

(i) The voters of the district have approved a

proposition for the bond issue at the general election held

on November 7, 2006.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and

equipping of the new high school building, new junior high

school buildings, new elementary school buildings, early

childhood building, maintenance building, transportation

facility, and additions to existing school buildings, the

altering, repairing, equipping, and provision of

technology improvements to existing school buildings, and

the acquisition and improvement of school sites, as the

case may be, are required as a result of a projected

increase in the enrollment of students in the district; and

(B) the sale of bonds for these purposes is authorized by

legislation that exempts the debt incurred on the bonds

from the district's statutory debt limitation.

(iii) The bonds are issued, in one or more bond issues,

on or before November 7, 2011, but the aggregate principal

amount issued in all such bond issues combined must not

exceed $450,000,000.

(iv) The bonds are issued in accordance with this

Article 19.

(v) The proceeds of the bonds are used only to

accomplish those projects approved by the voters at the

general election held on November 7, 2006.

The debt incurred on any bonds issued under this subsection

(p-15) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-20) In addition to all other authority to issue bonds,

the Lincoln-Way Community High School District Number 210 may

issue bonds with an aggregate principal amount not to exceed

$225,000,000, but only if all of the following conditions are

met:

(i) The voters of the district have approved a

proposition for the bond issue at the general primary

election held on March 21, 2006.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and

equipping of the new high school buildings, the altering,

repairing, and equipping of existing school buildings, and

the improvement of school sites, as the case may be, are

required as a result of a projected increase in the

enrollment of students in the district; and (B) the sale of

bonds for these purposes is authorized by legislation that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(iii) The bonds are issued, in one or more bond issues,

on or before March 21, 2011, but the aggregate principal

amount issued in all such bond issues combined must not

exceed $225,000,000.

(iv) The bonds are issued in accordance with this

Article 19.

(v) The proceeds of the bonds are used only to

accomplish those projects approved by the voters at the

primary election held on March 21, 2006.

The debt incurred on any bonds issued under this subsection

(p-20) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-25) In addition to all other authority to issue bonds,

Rochester Community Unit School District 3A may issue bonds

with an aggregate principal amount not to exceed $18,500,000,

but only if all of the following conditions are met:

(i) The voters of the district approve a proposition

for the bond issuance at the general primary election held

in 2008.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that: (A) the building and

equipping of a new high school building; the addition of

classrooms and support facilities at the high school,

middle school, and elementary school; the altering,

repairing, and equipping of existing school buildings; and

the improvement of school sites, as the case may be, are

required as a result of a projected increase in the

enrollment of students in the district; and (B) the sale of

bonds for these purposes is authorized by a law that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(iii) The bonds are issued, in one or more bond issues,

on or before December 31, 2012, but the aggregate principal

amount issued in all such bond issues combined must not

exceed $18,500,000.

(iv) The bonds are issued in accordance with this

Article 19.

(v) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at the primary

election held in 2008.

The debt incurred on any bonds issued under this subsection

(p-25) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-30) In addition to all other authority to issue bonds,

Prairie Grove Consolidated School District 46 may issue bonds

with an aggregate principal amount not to exceed $30,000,000,

but only if all of the following conditions are met:

(i) The voters of the district approve a proposition

for the bond issuance at an election held in 2008.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that (A) the building and

equipping of a new school building and additions to

existing school buildings are required as a result of a

projected increase in the enrollment of students in the

district and (B) the altering, repairing, and equipping of

existing school buildings are required because of the age

of the existing school buildings.

(iii) The bonds are issued, in one or more bond

issuances, on or before December 31, 2012; however, the

aggregate principal amount issued in all such bond

issuances combined must not exceed $30,000,000.

(iv) The bonds are issued in accordance with this

Article.

(v) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held in 2008.

The debt incurred on any bonds issued under this subsection

(p-30) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-35) In addition to all other authority to issue bonds,

Prairie Hill Community Consolidated School District 133 may

issue bonds with an aggregate principal amount not to exceed

$13,900,000, but only if all of the following conditions are

met:

(i) The voters of the district approved a proposition

for the bond issuance at an election held on April 17,

2007.

(ii) At the time of the sale of the bonds, the school

board determines, by resolution, that (A) the improvement

of the site of and the building and equipping of a school

building are required as a result of a projected increase

in the enrollment of students in the district and (B) the

repairing and equipping of the Prairie Hill Elementary

School building is required because of the age of that

school building.

(iii) The bonds are issued, in one or more bond

issuances, on or before December 31, 2011, but the

aggregate principal amount issued in all such bond

issuances combined must not exceed $13,900,000.

(iv) The bonds are issued in accordance with this

Article.

(v) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on April 17, 2007.

The debt incurred on any bonds issued under this subsection

(p-35) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-40) In addition to all other authority to issue bonds,

Mascoutah Community Unit District 19 may issue bonds with an

aggregate principal amount not to exceed $55,000,000, but only

if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at a regular election held on or

after November 4, 2008.

(2) At the time of the sale of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new high school building is required as a

result of a projected increase in the enrollment of

students in the district and the age and condition of the

existing high school building, (ii) the existing high

school building will be demolished, and (iii) the sale of

bonds is authorized by statute that exempts the debt

incurred on the bonds from the district's statutory debt

limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before December 31, 2011, but the

aggregate principal amount issued in all such bond

issuances combined must not exceed $55,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at a regular

election held on or after November 4, 2008.

The debt incurred on any bonds issued under this subsection

(p-40) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-45) Notwithstanding the provisions of subsection (a) of

this Section or of any other law, bonds issued pursuant to

Section 19-3.5 of this Code shall not be considered

indebtedness for purposes of any statutory limitation if the

bonds are issued in an amount or amounts, including existing

indebtedness of the school district, not in excess of 18.5% of

the value of the taxable property in the district to be

ascertained by the last assessment for State and county taxes.

(p-50) Notwithstanding the provisions of subsection (a) of

this Section or of any other law, bonds issued pursuant to

Section 19-3.10 of this Code shall not be considered

indebtedness for purposes of any statutory limitation if the

bonds are issued in an amount or amounts, including existing

indebtedness of the school district, not in excess of 43% of

the value of the taxable property in the district to be

ascertained by the last assessment for State and county taxes.

(p-55) In addition to all other authority to issue bonds,

Belle Valley School District 119 may issue bonds with an

aggregate principal amount not to exceed $47,500,000, but only

if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after April

7, 2009.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of mine subsidence in an existing school building and

because of the age and condition of another existing school

building and (ii) the issuance of bonds is authorized by

statute that exempts the debt incurred on the bonds from

the district's statutory debt limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before March 31, 2014, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $47,500,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after April 7, 2009.

The debt incurred on any bonds issued under this subsection

(p-55) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-55) must mature within not to exceed 30 years from their

date, notwithstanding any other law to the contrary.

(p-60) In addition to all other authority to issue bonds,

Wilmington Community Unit School District Number 209-U may

issue bonds with an aggregate principal amount not to exceed

$2,285,000, but only if all of the following conditions are

met:

(1) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at the general

primary election held on March 21, 2006.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the projects

approved by the voters were and are required because of the

age and condition of the school district's prior and

existing school buildings and (ii) the issuance of the

bonds is authorized by legislation that exempts the debt

incurred on the bonds from the district's statutory debt

limitation.

(3) The bonds are issued in one or more bond issuances

on or before March 1, 2011, but the aggregate principal

amount issued in all those bond issuances combined must not

exceed $2,285,000.

(4) The bonds are issued in accordance with this

Article.

The debt incurred on any bonds issued under this subsection

(p-60) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-65) In addition to all other authority to issue bonds,

West Washington County Community Unit School District 10 may

issue bonds with an aggregate principal amount not to exceed

$32,200,000 and maturing over a period not exceeding 25 years,

but only if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

February 2, 2010.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (A) all or a portion

of the existing Okawville Junior/Senior High School

Building will be demolished; (B) the building and equipping

of a new school building to be attached to and the

alteration, repair, and equipping of the remaining portion

of the Okawville Junior/Senior High School Building is

required because of the age and current condition of that

school building; and (C) the issuance of bonds is

authorized by a statute that exempts the debt incurred on

the bonds from the district's statutory debt limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before March 31, 2014, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $32,200,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after February 2, 2010.

The debt incurred on any bonds issued under this subsection

(p-65) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-70) In addition to all other authority to issue bonds,

Cahokia Community Unit School District 187 may issue bonds with

an aggregate principal amount not to exceed $50,000,000, but

only if all the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

November 2, 2010.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building and

(ii) the issuance of bonds is authorized by a statute that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more issuances, on

or before July 1, 2016, but the aggregate principal amount

issued in all such bond issuances combined must not exceed

$50,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after November 2, 2010.

The debt incurred on any bonds issued under this subsection

(p-70) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-70) must mature within not to exceed 25 years from their

date, notwithstanding any other law, including Section 19-3 of

this Code, to the contrary.

(p-75) Notwithstanding the debt limitation prescribed in

subsection (a) of this Section or any other provisions of this

Section or of any other law, the execution of leases on or

after January 1, 2007 and before July 1, 2011 by the Board of

Education of Peoria School District 150 with a public building

commission for leases entered into pursuant to the Public

Building Commission Act shall not be considered indebtedness

for purposes of any statutory debt limitation.

This subsection (p-75) applies only if the State Board of

Education or the Capital Development Board makes one or more

grants to Peoria School District 150 pursuant to the School

Construction Law. The amount exempted from the debt limitation

as prescribed in this subsection (p-75) shall be no greater

than the amount of one or more grants awarded to Peoria School

District 150 by the State Board of Education or the Capital

Development Board.

(p-80) In addition to all other authority to issue bonds,

Ridgeland School District 122 may issue bonds with an aggregate

principal amount not to exceed $50,000,000 for the purpose of

refunding or continuing to refund bonds originally issued

pursuant to voter approval at the general election held on

November 7, 2000, and the debt incurred on any bonds issued

under this subsection (p-80) shall not be considered

indebtedness for purposes of any statutory debt limitation.

Bonds issued under this subsection (p-80) may be issued in one

or more issuances and must mature within not to exceed 25 years

from their date, notwithstanding any other law, including

Section 19-3 of this Code, to the contrary.

(p-85) In addition to all other authority to issue bonds,

Hall High School District 502 may issue bonds with an aggregate

principal amount not to exceed $32,000,000, but only if all the

following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after April

9, 2013.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building,

(ii) the existing school building should be demolished in

its entirety or the existing school building should be

demolished except for the 1914 west wing of the building,

and (iii) the issuance of bonds is authorized by a statute

that exempts the debt incurred on the bonds from the

district's statutory debt limitation.

(3) The bonds are issued, in one or more issuances, not

later than 5 years after the date of the referendum

approving the issuance of the bonds, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $32,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after April 9, 2013.

The debt incurred on any bonds issued under this subsection

(p-85) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-85) must mature within not to exceed 30 years from their

date, notwithstanding any other law, including Section 19-3 of

this Code, to the contrary.

(p-90) In addition to all other authority to issue bonds,

Lebanon Community Unit School District 9 may issue bonds with

an aggregate principal amount not to exceed $7,500,000, but

only if all of the following conditions are met:

(1) The voters of the district approved a proposition

for the bond issuance at the general primary election on

February 2, 2010.

(2) At or prior to the time of the sale of the bonds,

the school board determines, by resolution, that (i) the

building and equipping of a new elementary school building

is required as a result of a projected increase in the

enrollment of students in the district and the age and

condition of the existing Lebanon Elementary School

building, (ii) a portion of the existing Lebanon Elementary

School building will be demolished and the remaining

portion will be altered, repaired, and equipped, and (iii)

the sale of bonds is authorized by a statute that exempts

the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more bond

issuances, on or before April 1, 2014, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $7,500,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at the general

primary election held on February 2, 2010.

The debt incurred on any bonds issued under this subsection

(p-90) shall not be considered indebtedness for purposes of any

statutory debt limitation.

(p-95) In addition to all other authority to issue bonds,

Monticello Community Unit School District 25 may issue bonds

with an aggregate principal amount not to exceed $35,000,000,

but only if all of the following conditions are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

November 4, 2014.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building and

(ii) the issuance of bonds is authorized by a statute that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more issuances, on

or before July 1, 2020, but the aggregate principal amount

issued in all such bond issuances combined must not exceed

$35,000,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after November 4, 2014.

The debt incurred on any bonds issued under this subsection

(p-95) shall not be considered indebtedness for purposes of any

statutory debt limitation. Bonds issued under this subsection

(p-95) must mature within not to exceed 25 years from their

date, notwithstanding any other law, including Section 19-3 of

this Code, to the contrary.

(p-100) (p-95) In addition to all other authority to issue

bonds, the community unit school district created in the

territory comprising Milford Community Consolidated School

District 280 and Milford Township High School District 233, as

approved at the general primary election held on March 18,

2014, may issue bonds with an aggregate principal amount not to

exceed $17,500,000, but only if all the following conditions

are met:

(1) The voters of the district approve a proposition

for the bond issuance at an election held on or after

November 4, 2014.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of a new school building is required as a result

of the age and condition of an existing school building and

(ii) the issuance of bonds is authorized by a statute that

exempts the debt incurred on the bonds from the district's

statutory debt limitation.

(3) The bonds are issued, in one or more issuances, on

or before July 1, 2020, but the aggregate principal amount

issued in all such bond issuances combined must not exceed

$17,500,000.

(4) The bonds are issued in accordance with this

Article.

(5) The proceeds of the bonds are used to accomplish

only those projects approved by the voters at an election

held on or after November 4, 2014.

The debt incurred on any bonds issued under this subsection

(p-100) (p-95) shall not be considered indebtedness for

purposes of any statutory debt limitation. Bonds issued under

this subsection (p-100) (p-95) must mature within not to exceed

25 years from their date, notwithstanding any other law,

including Section 19-3 of this Code, to the contrary.

(q) A school district must notify the State Board of

Education prior to issuing any form of long-term or short-term

debt that will result in outstanding debt that exceeds 75% of

the debt limit specified in this Section or any other provision

of law.

(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12;

97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff.

8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)

(105 ILCS 5/21B-20)

Sec. 21B-20. Types of licenses. Before July 1, 2013, the

State Board of Education shall implement a system of educator

licensure, whereby individuals employed in school districts

who are required to be licensed must have one of the following

licenses: (i) a professional educator license; (ii) a

professional educator license with stipulations; or (iii) a

substitute teaching license. References in law regarding

individuals certified or certificated or required to be

certified or certificated under Article 21 of this Code shall

also include individuals licensed or required to be licensed

under this Article. The first year of all licenses ends on June

30 following one full year of the license being issued.

The State Board of Education, in consultation with the

State Educator Preparation and Licensure Board, may adopt such

rules as may be necessary to govern the requirements for

licenses and endorsements under this Section.

(1) Professional Educator License. Persons who (i)

have successfully completed an approved educator

preparation program and are recommended for licensure by

the Illinois institution offering the educator preparation

program, (ii) have successfully completed the required

testing under Section 21B-30 of this Code, (iii) have

successfully completed coursework on the psychology of,

the identification of, and the methods of instruction for

the exceptional child, including without limitation

children with learning disabilities the learning disabled,

(iv) have successfully completed coursework in methods of

reading and reading in the content area, and (v) have met

all other criteria established by rule of the State Board

of Education shall be issued a Professional Educator

License. All Professional Educator Licenses are valid

until June 30 immediately following 5 years of the license

being issued. The Professional Educator License shall be

endorsed with specific areas and grade levels in which the

individual is eligible to practice.

Individuals can receive subsequent endorsements on the

Professional Educator License. Subsequent endorsements

shall require a minimum of 24 semester hours of coursework

in the endorsement area, unless otherwise specified by

rule, and passage of the applicable content area test.

(2) Educator License with Stipulations. An Educator

License with Stipulations shall be issued an endorsement

that limits the license holder to one particular position

or does not require completion of an approved educator

program or both.

An individual with an Educator License with

Stipulations must not be employed by a school district or

any other entity to replace any presently employed teacher

who otherwise would not be replaced for any reason.

An Educator License with Stipulations may be issued

with the following endorsements:

(A) Provisional educator. A provisional educator

endorsement in a specific content area or areas on an

Educator License with Stipulations may be issued to an

applicant who holds an educator license with a minimum

of 15 semester hours in content coursework from another

state, U.S. territory, or foreign country and who, at

the time of applying for an Illinois license, does not

meet the minimum requirements under Section 21B-35 of

this Code, but does, at a minimum, meet both of the

following requirements:

(i) Holds the equivalent of a minimum of a

bachelor's degree, unless a master's degree is

required for the endorsement, from a regionally

accredited college or university or, for

individuals educated in a country other than the

United States, the equivalent of a minimum of a

bachelor's degree issued in the United States,

unless a master's degree is required for the

endorsement.

(ii) Has passed a test of basic skills and

content area test, as required by Section 21B-30 of

this Code.

However, a provisional educator endorsement for

principals may not be issued, nor may any person with a

provisional educator endorsement serve as a principal

in a public school in this State. In addition,

out-of-state applicants shall not receive a

provisional educator endorsement if the person

completed an alternative licensure program in another

state, unless the program has been determined to be

equivalent to Illinois program requirements.

Notwithstanding any other requirements of this

Section, a service member or spouse of a service member

may obtain a Professional Educator License with

Stipulations, and a provisional educator endorsement

in a specific content area or areas, if he or she holds

a valid teaching certificate or license in good

standing from another state, meets the qualifications

of educators outlined in Section 21B-15 of this Code,

and has not engaged in any misconduct that would

prohibit an individual from obtaining a license

pursuant to Illinois law, including without limitation

any administrative rules of the State Board of

Education; however, the service member or spouse may

not serve as a principal under the Professional

Educator License with Stipulations or provisional

educator endorsement.

In this Section, "service member" means any person

who, at the time of application under this Section, is

an active duty member of the United States Armed Forces

or any reserve component of the United States Armed

Forces or the National Guard of any state,

commonwealth, or territory of the United States or the

District of Columbia.

A provisional educator endorsement is valid until

June 30 immediately following 2 years of the license

being issued, during which time any remaining testing

and coursework deficiencies must be met. Failure to

satisfy all stated deficiencies shall mean the

individual, including any service member or spouse who

has obtained a Professional Educator License with

Stipulations and a provisional educator endorsement in

a specific content area or areas, is ineligible to

receive a Professional Educator License at that time. A

provisional educator endorsement on an Educator

License with Stipulations shall not be renewed.

(B) Alternative provisional educator. An

alternative provisional educator endorsement on an

Educator License with Stipulations may be issued to an

applicant who, at the time of applying for the

endorsement, has done all of the following:

(i) Graduated from a regionally accredited

college or university with a minimum of a

bachelor's degree.

(ii) Successfully completed the first phase of

the Alternative Educator Licensure Program for

Teachers, as described in Section 21B-50 of this

Code.

(iii) Passed a test of basic skills and content

area test, as required under Section 21B-30 of this

Code.

The alternative provisional educator endorsement

is valid for 2 years of teaching and may be renewed for

a third year by an individual meeting the requirements

set forth in Section 21B-50 of this Code.

(C) Alternative provisional superintendent. An

alternative provisional superintendent endorsement on

an Educator License with Stipulations entitles the

holder to serve only as a superintendent or assistant

superintendent in a school district's central office.

This endorsement may only be issued to an applicant

who, at the time of applying for the endorsement, has

done all of the following:

(i) Graduated from a regionally accredited

college or university with a minimum of a master's

degree in a management field other than education.

(ii) Been employed for a period of at least 5

years in a management level position in a field

other than education.

(iii) Successfully completed the first phase

of an alternative route to superintendent

endorsement program, as provided in Section 21B-55

of this Code.

(iv) Passed a test of basic skills and content

area tests required under Section 21B-30 of this

Code.

The endorsement may be registered for 2 fiscal

years in order to complete one full year of serving as

a superintendent or assistant superintendent.

(D) Resident teacher endorsement. A resident

teacher endorsement on an Educator License with

Stipulations may be issued to an applicant who, at the

time of applying for the endorsement, has done all of

the following:

(i) Graduated from a regionally accredited

institution of higher education with a minimum of a

bachelor's degree.

(ii) Enrolled in an approved Illinois educator

preparation program.

(iii) Passed a test of basic skills and content

area test, as required under Section 21B-30 of this

Code.

The resident teacher endorsement on an Educator

License with Stipulations is valid for 4 years of

teaching and shall not be renewed.

A resident teacher may teach only under the

direction of a licensed teacher, who shall act as the

resident mentor teacher, and may not teach in place of

a licensed teacher. A resident teacher endorsement on

an Educator License with Stipulations shall no longer

be valid after June 30, 2017.

(E) Career and technical educator. A career and

technical educator endorsement on an Educator License

with Stipulations may be issued to an applicant who has

a minimum of 60 semester hours of coursework from a

regionally accredited institution of higher education

and has a minimum of 2,000 hours of experience in the

last 10 years outside of education in each area to be

taught.

The career and technical educator endorsement on

an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed if the

individual passes a test of basic skills, as required

under Section 21B-30 of this Code.

(F) Part-time provisional career and technical

educator or provisional career and technical educator.

A part-time provisional career and technical educator

endorsement or a provisional career and technical

educator endorsement on an Educator License with

Stipulations may be issued to an applicant who has a

minimum of 8,000 hours of work experience in the skill

for which the applicant is seeking the endorsement. It

is the responsibility of each employing school board

and regional office of education to provide

verification, in writing, to the State Superintendent

of Education at the time the application is submitted

that no qualified teacher holding a Professional

Educator License or an Educator License with

Stipulations with a career and technical educator

endorsement is available and that actual circumstances

require such issuance.

The provisional career and technical educator

endorsement on an Educator License with Stipulations

is valid until June 30 immediately following 5 years of

the endorsement being issued and may be renewed only

one time for 5 years if the individual passes a test of

basic skills, as required under Section 21B-30 of this

Code, and has completed a minimum of 20 semester hours

from a regionally accredited institution.

A part-time provisional career and technical

educator endorsement on an Educator License with

Stipulations may be issued for teaching no more than 2

courses of study for grades 6 through 12. The part-time

provisional career and technical educator endorsement

on an Educator License with Stipulations is valid until

June 30 immediately following 5 years of the

endorsement being issued and may be renewed for 5 years

if the individual makes application for renewal.

(G) Transitional bilingual educator. A

transitional bilingual educator endorsement on an

Educator License with Stipulations may be issued for

the purpose of providing instruction in accordance

with Article 14C of this Code to an applicant who

provides satisfactory evidence that he or she meets all

of the following requirements:

(i) Possesses adequate speaking, reading, and

writing ability in the language other than English

in which transitional bilingual education is

offered.

(ii) Has the ability to successfully

communicate in English.

(iii) Either possessed, within 5 years

previous to his or her applying for a transitional

bilingual educator endorsement, a valid and

comparable teaching certificate or comparable

authorization issued by a foreign country or holds

a degree from an institution of higher learning in

a foreign country that the State Educator

Preparation and Licensure Board determines to be

the equivalent of a bachelor's degree from a

regionally accredited institution of higher

learning in the United States.

A transitional bilingual educator endorsement

shall be valid for prekindergarten through grade 12, is

valid until June 30 immediately following 5 years of

the endorsement being issued, and shall not be renewed.

Persons holding a transitional bilingual educator

endorsement shall not be employed to replace any

presently employed teacher who otherwise would not be

replaced for any reason.

(H) Language endorsement. In an effort to

alleviate the shortage of teachers speaking a language

other than English in the public schools, an individual

who holds an Educator License with Stipulations may

also apply for a language endorsement, provided that

the applicant provides satisfactory evidence that he

or she meets all of the following requirements:

(i) Holds a transitional bilingual

endorsement.

(ii) Has demonstrated proficiency in the

language for which the endorsement is to be issued

by passing the applicable language content test

required by the State Board of Education.

(iii) Holds a bachelor's degree or higher from

a regionally accredited institution of higher

education or, for individuals educated in a

country other than the United States, holds a

degree from an institution of higher learning in a

foreign country that the State Educator

Preparation and Licensure Board determines to be

the equivalent of a bachelor's degree from a

regionally accredited institution of higher

learning in the United States.

(iv) Has passed a test of basic skills, as

required under Section 21B-30 of this Code.

A language endorsement on an Educator License with

Stipulations is valid for prekindergarten through

grade 12 for the same validity period as the

individual's transitional bilingual educator

endorsement on the Educator License with Stipulations

and shall not be renewed.

(I) Visiting international educator. A visiting

international educator endorsement on an Educator

License with Stipulations may be issued to an

individual who is being recruited by a particular

school district that conducts formal recruitment

programs outside of the United States to secure the

services of qualified teachers and who meets all of the

following requirements:

(i) Holds the equivalent of a minimum of a

bachelor's degree issued in the United States.

(ii) Has been prepared as a teacher at the

grade level for which he or she will be employed.

(iii) Has adequate content knowledge in the

subject to be taught.

(iv) Has an adequate command of the English

language.

A holder of a visiting international educator

endorsement on an Educator License with Stipulations

shall be permitted to teach in bilingual education

programs in the language that was the medium of

instruction in his or her teacher preparation program,

provided that he or she passes the English Language

Proficiency Examination or another test of writing

skills in English identified by the State Board of

Education, in consultation with the State Educator

Preparation and Licensure Board.

A visiting international educator endorsement on

an Educator License with Stipulations is valid for 3

years and shall not be renewed.

(J) Paraprofessional educator. A paraprofessional

educator endorsement on an Educator License with

Stipulations may be issued to an applicant who holds a

high school diploma or its recognized equivalent and

either holds an associate's degree or a minimum of 60

semester hours of credit from a regionally accredited

institution of higher education or has passed a test of

basic skills required under Section 21B-30 of this

Code. The paraprofessional educator endorsement is

valid until June 30 immediately following 5 years of

the endorsement being issued and may be renewed through

application and payment of the appropriate fee, as

required under Section 21B-40 of this Code. An

individual who holds only a paraprofessional educator

endorsement is not subject to additional requirements

in order to renew the endorsement.

(3) Substitute Teaching License. A Substitute Teaching

License may be issued to qualified applicants for

substitute teaching in all grades of the public schools,

prekindergarten through grade 12. Substitute Teaching

Licenses are not eligible for endorsements. Applicants for

a Substitute Teaching License must hold a bachelor's degree

or higher from a regionally accredited institution of

higher education.

Substitute Teaching Licenses are valid for 5 years and

may be renewed if the individual has passed a test of basic

skills, as authorized under Section 21B-30 of this Code. An

individual who has passed a test of basic skills for the

first licensure renewal is not required to retake the test

again for further renewals.

Substitute Teaching Licenses are valid for substitute

teaching in every county of this State. If an individual

has had his or her Professional Educator License or

Educator License with Stipulations suspended or revoked or

has not met the renewal requirements for licensure, then

that individual is not eligible to obtain a Substitute

Teaching License.

A substitute teacher may only teach in the place of a

licensed teacher who is under contract with the employing

board. If, however, there is no licensed teacher under

contract because of an emergency situation, then a district

may employ a substitute teacher for no longer than 30

calendar days per each vacant position in the district if

the district notifies the appropriate regional office of

education within 5 business days after the employment of

the substitute teacher in the emergency situation. An

emergency situation is one in which an unforeseen vacancy

has occurred and (i) a teacher is unable to fulfill his or

her contractual duties or (ii) teacher capacity needs of

the district exceed previous indications, and the district

is actively engaged in advertising to hire a fully licensed

teacher for the vacant position.

There is no limit on the number of days that a

substitute teacher may teach in a single school district,

provided that no substitute teacher may teach for longer

than 90 school days for any one licensed teacher under

contract in the same school year. A substitute teacher who

holds a Professional Educator License or Educator License

with Stipulations shall not teach for more than 120 school

days for any one licensed teacher under contract in the

same school year. The limitations in this paragraph (3) on

the number of days a substitute teacher may be employed do

not apply to any school district operating under Article 34

of this Code.

(Source: P.A. 97-607, eff. 8-26-11; 97-710, eff. 1-1-13; 98-28,

eff. 7-1-13; 98-751, eff. 1-1-15.)

(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)

Sec. 30-14.2. MIA/POW scholarships.

(a) Any spouse, natural child, legally adopted child, or

any step-child of an eligible veteran or serviceperson who

possesses all necessary entrance requirements shall, upon

application and proper proof, be awarded a MIA/POW Scholarship

consisting of the equivalent of 4 calendar years of full-time

enrollment including summer terms, to the state supported

Illinois institution of higher learning of his choice, subject

to the restrictions listed below.

"Eligible veteran or serviceperson" means any veteran or

serviceperson, including an Illinois National Guard member who

is on active duty or is active on a training assignment, who

has been declared by the U.S. Department of Defense or the U.S.

Department of Veterans' Affairs to be a prisoner of war, be

missing in action, have died as the result of a

service-connected disability or have become a person with a

permanent disability be permanently disabled from

service-connected causes with 100% disability and who (i) at

the time of entering service was an Illinois resident, (ii) was

an Illinois resident within 6 months after entering such

service, or (iii) until July 1, 2014, became an Illinois

resident within 6 months after leaving the service and can

establish at least 30 years of continuous residency in the

State of Illinois.

Full-time enrollment means 12 or more semester hours of

courses per semester, or 12 or more quarter hours of courses

per quarter, or the equivalent thereof per term. Scholarships

utilized by dependents enrolled in less than full-time study

shall be computed in the proportion which the number of hours

so carried bears to full-time enrollment.

Scholarships awarded under this Section may be used by a

spouse or child without regard to his or her age. The holder of

a Scholarship awarded under this Section shall be subject to

all examinations and academic standards, including the

maintenance of minimum grade levels, that are applicable

generally to other enrolled students at the Illinois

institution of higher learning where the Scholarship is being

used. If the surviving spouse remarries or if there is a

divorce between the veteran or serviceperson and his or her

spouse while the dependent is pursuing his or her course of

study, Scholarship benefits will be terminated at the end of

the term for which he or she is presently enrolled. Such

dependents shall also be entitled, upon proper proof and

application, to enroll in any extension course offered by a

State supported Illinois institution of higher learning

without payment of tuition and approved fees.

The holder of a MIA/POW Scholarship authorized under this

Section shall not be required to pay any matriculation or

application fees, tuition, activities fees, graduation fees or

other fees, except multipurpose building fees or similar fees

for supplies and materials.

Any dependent who has been or shall be awarded a MIA/POW

Scholarship shall be reimbursed by the appropriate institution

of higher learning for any fees which he or she has paid and

for which exemption is granted under this Section if

application for reimbursement is made within 2 months following

the end of the school term for which the fees were paid.

(b) In lieu of the benefit provided in subsection (a), any

spouse, natural child, legally adopted child, or step-child of

an eligible veteran or serviceperson, which spouse or child has

a physical, mental or developmental disability, shall be

entitled to receive, upon application and proper proof, a

benefit to be used for the purpose of defraying the cost of the

attendance or treatment of such spouse or child at one or more

appropriate therapeutic, rehabilitative or educational

facilities. The application and proof may be made by the parent

or legal guardian of the spouse or child on his or her behalf.

The total benefit provided to any beneficiary under this

subsection shall not exceed the cost equivalent of 4 calendar

years of full-time enrollment, including summer terms, at the

University of Illinois. Whenever practicable in the opinion of

the Department of Veterans' Affairs, payment of benefits under

this subsection shall be made directly to the facility, the

cost of attendance or treatment at which is being defrayed, as

such costs accrue.

(c) The benefits of this Section shall be administered by

and paid for out of funds made available to the Illinois

Department of Veterans' Affairs. The amounts that become due to

any state supported Illinois institution of higher learning

shall be payable by the Comptroller to such institution on

vouchers approved by the Illinois Department of Veterans'

Affairs. The amounts that become due under subsection (b) of

this Section shall be payable by warrant upon vouchers issued

by the Illinois Department of Veterans' Affairs and approved by

the Comptroller. The Illinois Department of Veterans' Affairs

shall determine the eligibility of the persons who make

application for the benefits provided for in this Section.

(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)

(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)

Sec. 34-2.4. School improvement plan. A 3 year local school

improvement plan shall be developed and implemented at each

attendance center. This plan shall reflect the overriding

purpose of the attendance center to improve educational

quality. The local school principal shall develop a school

improvement plan in consultation with the local school council,

all categories of school staff, parents and community

residents. Once the plan is developed, reviewed by the

professional personnel leadership committee, and approved by

the local school council, the principal shall be responsible

for directing implementation of the plan, and the local school

council shall monitor its implementation. After the

termination of the initial 3 year plan, a new 3 year plan shall

be developed and modified as appropriate on an annual basis.

The school improvement plan shall be designed to achieve

priority goals including but not limited to:

(a) assuring that students show significant progress

toward meeting and exceeding State performance standards

in State mandated learning areas, including the mastery of

higher order thinking skills in these areas;

(b) assuring that students attend school regularly and

graduate from school at such rates that the district

average equals or surpasses national norms;

(c) assuring that students are adequately prepared for

and aided in making a successful transition to further

education and life experience;

(d) assuring that students are adequately prepared for

and aided in making a successful transition to employment;

and

(e) assuring that students are, to the maximum extent

possible, provided with a common learning experience that

is of high academic quality and that reflects high

expectations for all students' capacities to learn.

With respect to these priority goals, the school

improvement plan shall include but not be limited to the

following:

(a) an analysis of data collected in the attendance

center and community indicating the specific strengths and

weaknesses of the attendance center in light of the goals

specified above, including data and analysis specified by

the State Board of Education pertaining to specific

measurable outcomes for student performance, the

attendance centers, and their instructional programs;

(b) a description of specific annual objectives the

attendance center will pursue in achieving the goals

specified above;

(c) a description of the specific activities the

attendance center will undertake to achieve its

objectives;

(d) an analysis of the attendance center's staffing

pattern and material resources, and an explanation of how

the attendance center's planned staffing pattern, the

deployment of staff, and the use of material resources

furthers the objectives of the plan;

(e) a description of the key assumptions and directions

of the school's curriculum and the academic and

non-academic programs of the attendance center, and an

explanation of how this curriculum and these programs

further the goals and objectives of the plan;

(f) a description of the steps that will be taken to

enhance educational opportunities for all students,

regardless of gender, including limited English proficient

students, students with disabilities disabled students,

low-income students and minority students;

(g) a description of any steps which may be taken by

the attendance center to educate parents as to how they can

assist children at home in preparing their children to

learn effectively;

(h) a description of the steps the attendance center

will take to coordinate its efforts with, and to gain the

participation and support of, community residents,

business organizations, and other local institutions and

individuals;

(i) a description of any staff development program for

all school staff and volunteers tied to the priority goals,

objectives, and activities specified in the plan;

(j) a description of the steps the local school council

will undertake to monitor implementation of the plan on an

ongoing basis;

(k) a description of the steps the attendance center

will take to ensure that teachers have working conditions

that provide a professional environment conducive to

fulfilling their responsibilities;

(l) a description of the steps the attendance center

will take to ensure teachers the time and opportunity to

incorporate new ideas and techniques, both in subject

matter and teaching skills, into their own work;

(m) a description of the steps the attendance center

will take to encourage pride and positive identification

with the attendance center through various athletic

activities; and

(n) a description of the student need for and provision

of services to special populations, beyond the standard

school programs provided for students in grades K through

12 and those enumerated in the categorical programs cited

in item d of part 4 of Section 34-2.3, including financial

costs of providing same and a timeline for implementing the

necessary services, including but not limited, when

applicable, to ensuring the provisions of educational

services to all eligible children aged 4 years for the

1990-91 school year and thereafter, reducing class size to

State averages in grades K-3 for the 1991-92 school year

and thereafter and in all grades for the 1993-94 school

year and thereafter, and providing sufficient staff and

facility resources for students not served in the regular

classroom setting.

Based on the analysis of data collected indicating specific

strengths and weaknesses of the attendance center, the school

improvement plan may place greater emphasis from year to year

on particular priority goals, objectives, and activities.

(Source: P.A. 93-48, eff. 7-1-03.)

(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)

Sec. 34-18. Powers of the board. The board shall exercise

general supervision and jurisdiction over the public education

and the public school system of the city, and, except as

otherwise provided by this Article, shall have power:

1. To make suitable provision for the establishment and

maintenance throughout the year or for such portion thereof

as it may direct, not less than 9 months, of schools of all

grades and kinds, including normal schools, high schools,

night schools, schools for defectives and delinquents,

parental and truant schools, schools for the blind, the

deaf and persons with physical disabilities the physically

disabled, schools or classes in manual training,

constructural and vocational teaching, domestic arts and

physical culture, vocation and extension schools and

lecture courses, and all other educational courses and

facilities, including establishing, equipping, maintaining

and operating playgrounds and recreational programs, when

such programs are conducted in, adjacent to, or connected

with any public school under the general supervision and

jurisdiction of the board; provided that the calendar for

the school term and any changes must be submitted to and

approved by the State Board of Education before the

calendar or changes may take effect, and provided that in

allocating funds from year to year for the operation of all

attendance centers within the district, the board shall

ensure that supplemental general State aid funds are

allocated and applied in accordance with Section 18-8 or

18-8.05. To admit to such schools without charge foreign

exchange students who are participants in an organized

exchange student program which is authorized by the board.

The board shall permit all students to enroll in

apprenticeship programs in trade schools operated by the

board, whether those programs are union-sponsored or not.

No student shall be refused admission into or be excluded

from any course of instruction offered in the common

schools by reason of that student's sex. No student shall

be denied equal access to physical education and

interscholastic athletic programs supported from school

district funds or denied participation in comparable

physical education and athletic programs solely by reason

of the student's sex. Equal access to programs supported

from school district funds and comparable programs will be

defined in rules promulgated by the State Board of

Education in consultation with the Illinois High School

Association. Notwithstanding any other provision of this

Article, neither the board of education nor any local

school council or other school official shall recommend

that children with disabilities be placed into regular

education classrooms unless those children with

disabilities are provided with supplementary services to

assist them so that they benefit from the regular classroom

instruction and are included on the teacher's regular

education class register;

2. To furnish lunches to pupils, to make a reasonable

charge therefor, and to use school funds for the payment of

such expenses as the board may determine are necessary in

conducting the school lunch program;

3. To co-operate with the circuit court;

4. To make arrangements with the public or quasi-public

libraries and museums for the use of their facilities by

teachers and pupils of the public schools;

5. To employ dentists and prescribe their duties for

the purpose of treating the pupils in the schools, but

accepting such treatment shall be optional with parents or

guardians;

6. To grant the use of assembly halls and classrooms

when not otherwise needed, including light, heat, and

attendants, for free public lectures, concerts, and other

educational and social interests, free of charge, under

such provisions and control as the principal of the

affected attendance center may prescribe;

7. To apportion the pupils to the several schools;

provided that no pupil shall be excluded from or segregated

in any such school on account of his color, race, sex, or

nationality. The board shall take into consideration the

prevention of segregation and the elimination of

separation of children in public schools because of color,

race, sex, or nationality. Except that children may be

committed to or attend parental and social adjustment

schools established and maintained either for boys or girls

only. All records pertaining to the creation, alteration or

revision of attendance areas shall be open to the public.

Nothing herein shall limit the board's authority to

establish multi-area attendance centers or other student

assignment systems for desegregation purposes or

otherwise, and to apportion the pupils to the several

schools. Furthermore, beginning in school year 1994-95,

pursuant to a board plan adopted by October 1, 1993, the

board shall offer, commencing on a phased-in basis, the

opportunity for families within the school district to

apply for enrollment of their children in any attendance

center within the school district which does not have

selective admission requirements approved by the board.

The appropriate geographical area in which such open

enrollment may be exercised shall be determined by the

board of education. Such children may be admitted to any

such attendance center on a space available basis after all

children residing within such attendance center's area

have been accommodated. If the number of applicants from

outside the attendance area exceed the space available,

then successful applicants shall be selected by lottery.

The board of education's open enrollment plan must include

provisions that allow low income students to have access to

transportation needed to exercise school choice. Open

enrollment shall be in compliance with the provisions of

the Consent Decree and Desegregation Plan cited in Section

34-1.01;

8. To approve programs and policies for providing

transportation services to students. Nothing herein shall

be construed to permit or empower the State Board of

Education to order, mandate, or require busing or other

transportation of pupils for the purpose of achieving

racial balance in any school;

9. Subject to the limitations in this Article, to

establish and approve system-wide curriculum objectives

and standards, including graduation standards, which

reflect the multi-cultural diversity in the city and are

consistent with State law, provided that for all purposes

of this Article courses or proficiency in American Sign

Language shall be deemed to constitute courses or

proficiency in a foreign language; and to employ principals

and teachers, appointed as provided in this Article, and

fix their compensation. The board shall prepare such

reports related to minimal competency testing as may be

requested by the State Board of Education, and in addition

shall monitor and approve special education and bilingual

education programs and policies within the district to

assure that appropriate services are provided in

accordance with applicable State and federal laws to

children requiring services and education in those areas;

10. To employ non-teaching personnel or utilize

volunteer personnel for: (i) non-teaching duties not

requiring instructional judgment or evaluation of pupils,

including library duties; and (ii) supervising study

halls, long distance teaching reception areas used

incident to instructional programs transmitted by

electronic media such as computers, video, and audio,

detention and discipline areas, and school-sponsored

extracurricular activities. The board may further utilize

volunteer non-certificated personnel or employ

non-certificated personnel to assist in the instruction of

pupils under the immediate supervision of a teacher holding

a valid certificate, directly engaged in teaching subject

matter or conducting activities; provided that the teacher

shall be continuously aware of the non-certificated

persons' activities and shall be able to control or modify

them. The general superintendent shall determine

qualifications of such personnel and shall prescribe rules

for determining the duties and activities to be assigned to

such personnel;

10.5. To utilize volunteer personnel from a regional

School Crisis Assistance Team (S.C.A.T.), created as part

of the Safe to Learn Program established pursuant to

Section 25 of the Illinois Violence Prevention Act of 1995,

to provide assistance to schools in times of violence or

other traumatic incidents within a school community by

providing crisis intervention services to lessen the

effects of emotional trauma on individuals and the

community; the School Crisis Assistance Team Steering

Committee shall determine the qualifications for

volunteers;

11. To provide television studio facilities in not to

exceed one school building and to provide programs for

educational purposes, provided, however, that the board

shall not construct, acquire, operate, or maintain a

television transmitter; to grant the use of its studio

facilities to a licensed television station located in the

school district; and to maintain and operate not to exceed

one school radio transmitting station and provide programs

for educational purposes;

12. To offer, if deemed appropriate, outdoor education

courses, including field trips within the State of

Illinois, or adjacent states, and to use school educational

funds for the expense of the said outdoor educational

programs, whether within the school district or not;

13. During that period of the calendar year not

embraced within the regular school term, to provide and

conduct courses in subject matters normally embraced in the

program of the schools during the regular school term and

to give regular school credit for satisfactory completion

by the student of such courses as may be approved for

credit by the State Board of Education;

14. To insure against any loss or liability of the

board, the former School Board Nominating Commission,

Local School Councils, the Chicago Schools Academic

Accountability Council, or the former Subdistrict Councils

or of any member, officer, agent or employee thereof,

resulting from alleged violations of civil rights arising

from incidents occurring on or after September 5, 1967 or

from the wrongful or negligent act or omission of any such

person whether occurring within or without the school

premises, provided the officer, agent or employee was, at

the time of the alleged violation of civil rights or

wrongful act or omission, acting within the scope of his

employment or under direction of the board, the former

School Board Nominating Commission, the Chicago Schools

Academic Accountability Council, Local School Councils, or

the former Subdistrict Councils; and to provide for or

participate in insurance plans for its officers and

employees, including but not limited to retirement

annuities, medical, surgical and hospitalization benefits

in such types and amounts as may be determined by the

board; provided, however, that the board shall contract for

such insurance only with an insurance company authorized to

do business in this State. Such insurance may include

provision for employees who rely on treatment by prayer or

spiritual means alone for healing, in accordance with the

tenets and practice of a recognized religious

denomination;

15. To contract with the corporate authorities of any

municipality or the county board of any county, as the case

may be, to provide for the regulation of traffic in parking

areas of property used for school purposes, in such manner

as is provided by Section 11-209 of The Illinois Vehicle

Code, approved September 29, 1969, as amended;

16. (a) To provide, on an equal basis, access to a high

school campus and student directory information to the

official recruiting representatives of the armed forces of

Illinois and the United States for the purposes of

informing students of the educational and career

opportunities available in the military if the board has

provided such access to persons or groups whose purpose is

to acquaint students with educational or occupational

opportunities available to them. The board is not required

to give greater notice regarding the right of access to

recruiting representatives than is given to other persons

and groups. In this paragraph 16, "directory information"

means a high school student's name, address, and telephone

number.

(b) If a student or his or her parent or guardian

submits a signed, written request to the high school before

the end of the student's sophomore year (or if the student

is a transfer student, by another time set by the high

school) that indicates that the student or his or her

parent or guardian does not want the student's directory

information to be provided to official recruiting

representatives under subsection (a) of this Section, the

high school may not provide access to the student's

directory information to these recruiting representatives.

The high school shall notify its students and their parents

or guardians of the provisions of this subsection (b).

(c) A high school may require official recruiting

representatives of the armed forces of Illinois and the

United States to pay a fee for copying and mailing a

student's directory information in an amount that is not

more than the actual costs incurred by the high school.

(d) Information received by an official recruiting

representative under this Section may be used only to

provide information to students concerning educational and

career opportunities available in the military and may not

be released to a person who is not involved in recruiting

students for the armed forces of Illinois or the United

States;

17. (a) To sell or market any computer program

developed by an employee of the school district, provided

that such employee developed the computer program as a

direct result of his or her duties with the school district

or through the utilization of the school district resources

or facilities. The employee who developed the computer

program shall be entitled to share in the proceeds of such

sale or marketing of the computer program. The distribution

of such proceeds between the employee and the school

district shall be as agreed upon by the employee and the

school district, except that neither the employee nor the

school district may receive more than 90% of such proceeds.

The negotiation for an employee who is represented by an

exclusive bargaining representative may be conducted by

such bargaining representative at the employee's request.

(b) For the purpose of this paragraph 17:

(1) "Computer" means an internally programmed,

general purpose digital device capable of

automatically accepting data, processing data and

supplying the results of the operation.

(2) "Computer program" means a series of coded

instructions or statements in a form acceptable to a

computer, which causes the computer to process data in

order to achieve a certain result.

(3) "Proceeds" means profits derived from

marketing or sale of a product after deducting the

expenses of developing and marketing such product;

18. To delegate to the general superintendent of

schools, by resolution, the authority to approve contracts

and expenditures in amounts of $10,000 or less;

19. Upon the written request of an employee, to

withhold from the compensation of that employee any dues,

payments or contributions payable by such employee to any

labor organization as defined in the Illinois Educational

Labor Relations Act. Under such arrangement, an amount

shall be withheld from each regular payroll period which is

equal to the pro rata share of the annual dues plus any

payments or contributions, and the board shall transmit

such withholdings to the specified labor organization

within 10 working days from the time of the withholding;

19a. Upon receipt of notice from the comptroller of a

municipality with a population of 500,000 or more, a county

with a population of 3,000,000 or more, the Cook County

Forest Preserve District, the Chicago Park District, the

Metropolitan Water Reclamation District, the Chicago

Transit Authority, or a housing authority of a municipality

with a population of 500,000 or more that a debt is due and

owing the municipality, the county, the Cook County Forest

Preserve District, the Chicago Park District, the

Metropolitan Water Reclamation District, the Chicago

Transit Authority, or the housing authority by an employee

of the Chicago Board of Education, to withhold, from the

compensation of that employee, the amount of the debt that

is due and owing and pay the amount withheld to the

municipality, the county, the Cook County Forest Preserve

District, the Chicago Park District, the Metropolitan

Water Reclamation District, the Chicago Transit Authority,

or the housing authority; provided, however, that the

amount deducted from any one salary or wage payment shall

not exceed 25% of the net amount of the payment. Before the

Board deducts any amount from any salary or wage of an

employee under this paragraph, the municipality, the

county, the Cook County Forest Preserve District, the

Chicago Park District, the Metropolitan Water Reclamation

District, the Chicago Transit Authority, or the housing

authority shall certify that (i) the employee has been

afforded an opportunity for a hearing to dispute the debt

that is due and owing the municipality, the county, the

Cook County Forest Preserve District, the Chicago Park

District, the Metropolitan Water Reclamation District, the

Chicago Transit Authority, or the housing authority and

(ii) the employee has received notice of a wage deduction

order and has been afforded an opportunity for a hearing to

object to the order. For purposes of this paragraph, "net

amount" means that part of the salary or wage payment

remaining after the deduction of any amounts required by

law to be deducted and "debt due and owing" means (i) a

specified sum of money owed to the municipality, the

county, the Cook County Forest Preserve District, the

Chicago Park District, the Metropolitan Water Reclamation

District, the Chicago Transit Authority, or the housing

authority for services, work, or goods, after the period

granted for payment has expired, or (ii) a specified sum of

money owed to the municipality, the county, the Cook County

Forest Preserve District, the Chicago Park District, the

Metropolitan Water Reclamation District, the Chicago

Transit Authority, or the housing authority pursuant to a

court order or order of an administrative hearing officer

after the exhaustion of, or the failure to exhaust,

judicial review;

20. The board is encouraged to employ a sufficient

number of certified school counselors to maintain a

student/counselor ratio of 250 to 1 by July 1, 1990. Each

counselor shall spend at least 75% of his work time in

direct contact with students and shall maintain a record of

such time;

21. To make available to students vocational and career

counseling and to establish 5 special career counseling

days for students and parents. On these days

representatives of local businesses and industries shall

be invited to the school campus and shall inform students

of career opportunities available to them in the various

businesses and industries. Special consideration shall be

given to counseling minority students as to career

opportunities available to them in various fields. For the

purposes of this paragraph, minority student means a person

who is any of the following:

(a) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(b) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(c) Black or African American (a person having origins

in any of the black racial groups of Africa). Terms such as

"Haitian" or "Negro" can be used in addition to "Black or

African American".

(d) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(e) Native Hawaiian or Other Pacific Islander (a person

having origins in any of the original peoples of Hawaii,

Guam, Samoa, or other Pacific Islands).

Counseling days shall not be in lieu of regular school

days;

22. To report to the State Board of Education the

annual student dropout rate and number of students who

graduate from, transfer from or otherwise leave bilingual

programs;

23. Except as otherwise provided in the Abused and

Neglected Child Reporting Act or other applicable State or

federal law, to permit school officials to withhold, from

any person, information on the whereabouts of any child

removed from school premises when the child has been taken

into protective custody as a victim of suspected child

abuse. School officials shall direct such person to the

Department of Children and Family Services, or to the local

law enforcement agency if appropriate;

24. To develop a policy, based on the current state of

existing school facilities, projected enrollment and

efficient utilization of available resources, for capital

improvement of schools and school buildings within the

district, addressing in that policy both the relative

priority for major repairs, renovations and additions to

school facilities, and the advisability or necessity of

building new school facilities or closing existing schools

to meet current or projected demographic patterns within

the district;

25. To make available to the students in every high

school attendance center the ability to take all courses

necessary to comply with the Board of Higher Education's

college entrance criteria effective in 1993;

26. To encourage mid-career changes into the teaching

profession, whereby qualified professionals become

certified teachers, by allowing credit for professional

employment in related fields when determining point of

entry on teacher pay scale;

27. To provide or contract out training programs for

administrative personnel and principals with revised or

expanded duties pursuant to this Act in order to assure

they have the knowledge and skills to perform their duties;

28. To establish a fund for the prioritized special

needs programs, and to allocate such funds and other lump

sum amounts to each attendance center in a manner

consistent with the provisions of part 4 of Section 34-2.3.

Nothing in this paragraph shall be construed to require any

additional appropriations of State funds for this purpose;

29. (Blank);

30. Notwithstanding any other provision of this Act or

any other law to the contrary, to contract with third

parties for services otherwise performed by employees,

including those in a bargaining unit, and to layoff those

employees upon 14 days written notice to the affected

employees. Those contracts may be for a period not to

exceed 5 years and may be awarded on a system-wide basis.

The board may not operate more than 30 contract schools,

provided that the board may operate an additional 5

contract turnaround schools pursuant to item (5.5) of

subsection (d) of Section 34-8.3 of this Code;

31. To promulgate rules establishing procedures

governing the layoff or reduction in force of employees and

the recall of such employees, including, but not limited

to, criteria for such layoffs, reductions in force or

recall rights of such employees and the weight to be given

to any particular criterion. Such criteria shall take into

account factors including, but not be limited to,

qualifications, certifications, experience, performance

ratings or evaluations, and any other factors relating to

an employee's job performance;

32. To develop a policy to prevent nepotism in the

hiring of personnel or the selection of contractors;

33. To enter into a partnership agreement, as required

by Section 34-3.5 of this Code, and, notwithstanding any

other provision of law to the contrary, to promulgate

policies, enter into contracts, and take any other action

necessary to accomplish the objectives and implement the

requirements of that agreement; and

34. To establish a Labor Management Council to the

board comprised of representatives of the board, the chief

executive officer, and those labor organizations that are

the exclusive representatives of employees of the board and

to promulgate policies and procedures for the operation of

the Council.

The specifications of the powers herein granted are not to

be construed as exclusive but the board shall also exercise all

other powers that they may be requisite or proper for the

maintenance and the development of a public school system, not

inconsistent with the other provisions of this Article or

provisions of this Code which apply to all school districts.

In addition to the powers herein granted and authorized to

be exercised by the board, it shall be the duty of the board to

review or to direct independent reviews of special education

expenditures and services. The board shall file a report of

such review with the General Assembly on or before May 1, 1990.

(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12;

97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)

(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)

Sec. 34-128. The Board shall provide free bus

transportation for every child who is a child with a mental

disability who is trainable trainable mentally disabled, as

defined in Article 14, who resides at a distance of one mile or

more from any school to which he is assigned for attendance and

who the State Board of Education determines in advance requires

special transportation service in order to take advantage of

special educational facilities.

The board may levy, without regard to any other legally

authorized tax and in addition to such taxes, an annual tax

upon all the taxable property in the school district at a rate

not to exceed .005% of the value, as equalized or assessed by

the Department of Revenue, that will produce an amount not to

exceed the annual cost of transportation provided in accordance

with this Section. The board shall deduct from the cost of such

transportation any amount reimbursed by the State under Article

14. Such levy is authorized in the year following the school

year in which the transportation costs were incurred by the

district.

(Source: P.A. 89-397, eff. 8-20-95.)

Section 435. The State Universities Civil Service Act is

amended by changing Sections 36d and 36s as follows:

(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)

Sec. 36d. Powers and duties of the Merit Board.

The Merit Board shall have the power and duty-

(1) To approve a classification plan prepared under its

direction, assigning to each class positions of substantially

similar duties. The Merit Board shall have power to delegate to

its Director the duty of assigning each position in the

classified service to the appropriate class in the

classification plan approved by the Merit Board.

(2) To prescribe the duties of each class of positions and

the qualifications required by employment in that class.

(3) To prescribe the range of compensation for each class

or to fix a single rate of compensation for employees in a

particular class; and to establish other conditions of

employment which an employer and employee representatives have

agreed upon as fair and equitable. The Merit Board shall direct

the payment of the "prevailing rate of wages" in those

classifications in which, on January 1, 1952, any employer is

paying such prevailing rate and in such other classes as the

Merit Board may thereafter determine. "Prevailing rate of

wages" as used herein shall be the wages paid generally in the

locality in which the work is being performed to employees

engaged in work of a similar character. Each employer covered

by the University System shall be authorized to negotiate with

representatives of employees to determine appropriate ranges

or rates of compensation or other conditions of employment and

may recommend to the Merit Board for establishment the rates or

ranges or other conditions of employment which the employer and

employee representatives have agreed upon as fair and

equitable. Any rates or ranges established prior to January 1,

1952, and hereafter, shall not be changed except in accordance

with the procedures herein provided.

(4) To recommend to the institutions and agencies specified

in Section 36e standards for hours of work, holidays, sick

leave, overtime compensation and vacation for the purpose of

improving conditions of employment covered therein and for the

purpose of insuring conformity with the prevailing rate

principal.

(5) To prescribe standards of examination for each class,

the examinations to be related to the duties of such class. The

Merit Board shall have power to delegate to the Director and

his staff the preparation, conduct and grading of examinations.

Examinations may be written, oral, by statement of training and

experience, in the form of tests of knowledge, skill, capacity,

intellect, aptitude; or, by any other method, which in the

judgment of the Merit Board is reasonable and practical for any

particular classification. Different examining procedures may

be determined for the examinations in different

classifications but all examinations in the same

classification shall be uniform.

(6) To authorize the continuous recruitment of personnel

and to that end, to delegate to the Director and his staff the

power and the duty to conduct open and continuous competitive

examinations for all classifications of employment.

(7) To cause to be established from the results of

examinations registers for each class of positions in the

classified service of the State Universities Civil Service

System, of the persons who shall attain the minimum mark fixed

by the Merit Board for the examination; and such persons shall

take rank upon the registers as candidates in the order of

their relative excellence as determined by examination,

without reference to priority of time of examination.

(8) To provide by its rules for promotions in the

classified service. Vacancies shall be filled by promotion

whenever practicable. For the purpose of this paragraph, an

advancement in class shall constitute a promotion.

(9) To set a probationary period of employment of no less

than 6 months and no longer than 12 months for each class of

positions in the classification plan, the length of the

probationary period for each class to be determined by the

Director.

(10) To provide by its rules for employment at regular

rates of compensation of persons with physical disabilities

physically handicapped persons in positions in which the

disability handicap does not prevent the individual from

furnishing satisfactory service.

(11) To make and publish rules, to carry out the purpose of

the State Universities Civil Service System and for

examination, appointments, transfers and removals and for

maintaining and keeping records of the efficiency of officers

and employees and groups of officers and employees in

accordance with the provisions of Sections 36b to 36q,

inclusive, and said Merit Board may from time to time make

changes in such rules.

(12) To appoint a Director and such assistants and other

clerical and technical help as may be necessary efficiently to

administer Sections 36b to 36q, inclusive. To authorize the

Director to appoint an assistant resident at the place of

employment of each employer specified in Section 36e and this

assistant may be authorized to give examinations and to certify

names from the regional registers provided in Section 36k.

(13) To submit to the Governor of this state on or before

November 1 of each year prior to the regular session of the

General Assembly a report of the University System's business

and an estimate of the amount of appropriation from state funds

required for the purpose of administering the University

System.

(Source: P.A. 82-524.)

(110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)

Sec. 36s. Supported employees.

(a) The Merit Board shall develop and implement a supported

employment program. It shall be the goal of the program to

appoint a minimum of 10 supported employees to State University

civil service positions before June 30, 1992.

(b) The Merit Board shall designate a liaison to work with

State agencies and departments, any funder or provider or both,

and State universities in the implementation of a supported

employment program.

(c) As used in this Section:

(1) "Supported employee" means any individual who:

(A) has a severe physical or mental disability

which seriously limits functional capacities,

including but not limited to, mobility, communication,

self-care, self-direction, work tolerance or work

skills, in terms of employability as defined,

determined and certified by the Department of Human

Services; and

(B) has one or more physical or mental disabilities

resulting from amputation; arthritis; blindness;

cancer; cerebral palsy; cystic fibrosis; deafness;

heart disease; hemiplegia; respiratory or pulmonary

dysfunction; an intellectual disability; mental

illness; multiple sclerosis; muscular dystrophy;

musculoskeletal disorders; neurological disorders,

including stroke and epilepsy; paraplegia;

quadriplegia and other spinal cord conditions; sickle

cell anemia; and end-stage renal disease; or another

disability or combination of disabilities determined

on the basis of an evaluation of rehabilitation

potential to cause comparable substantial functional

limitation.

(2) "Supported employment" means competitive work in

integrated work settings:

(A) for individuals with severe disabilities

handicaps for whom competitive employment has not

traditionally occurred, or

(B) for individuals for whom competitive

employment has been interrupted or intermittent as a

result of a severe disability, and who because of their

disability handicap, need on-going support services to

perform such work. The term includes transitional

employment for individuals with chronic mental

illness.

(3) "Participation in a supported employee program"

means participation as a supported employee that is not

based on the expectation that an individual will have the

skills to perform all the duties in a job class, but on the

assumption that with support and adaptation, or both, a job

can be designed to take advantage of the supported

employee's special strengths.

(4) "Funder" means any entity either State, local or

federal, or private not-for-profit or for-profit that

provides monies to programs that provide services related

to supported employment.

(5) "Provider" means any entity either public or

private that provides technical support and services to any

department or agency subject to the control of the

Governor, the Secretary of State or the University Civil

Service System.

(d) The Merit Board shall establish job classifications for

supported employees who may be appointed into the

classifications without open competitive testing requirements.

Supported employees shall serve in a trial employment capacity

for not less than 3 or more than 12 months.

(e) The Merit Board shall maintain a record of all

individuals hired as supported employees. The record shall

include:

(1) the number of supported employees initially

appointed;

(2) the number of supported employees who successfully

complete the trial employment periods; and

(3) the number of permanent targeted positions by

titles.

(f) The Merit Board shall submit an annual report to the

General Assembly regarding the employment progress of

supported employees, with recommendations for legislative

action.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 440. The Board of Higher Education Act is amended

by changing Section 9.16 as follows:

(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)

Sec. 9.16. Underrepresentation of certain groups in higher

education. To require public institutions of higher education

to develop and implement methods and strategies to increase the

participation of minorities, women and individuals with

disabilities handicapped individuals who are traditionally

underrepresented in education programs and activities. For the

purpose of this Section, minorities shall mean persons who are

citizens of the United States or lawful permanent resident

aliens of the United States and who are any of the following:

(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins

in any of the black racial groups of Africa). Terms such as

"Haitian" or "Negro" can be used in addition to "Black or

African American".

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a person

having origins in any of the original peoples of Hawaii,

Guam, Samoa, or other Pacific Islands).

The Board shall adopt any rules necessary to administer

this Section. The Board shall also do the following:

(a) require all public institutions of higher education to

develop and submit plans for the implementation of this

Section;

(b) conduct periodic review of public institutions of

higher education to determine compliance with this Section; and

if the Board finds that a public institution of higher

education is not in compliance with this Section, it shall

notify the institution of steps to take to attain compliance;

(c) provide advice and counsel pursuant to this Section;

(d) conduct studies of the effectiveness of methods and

strategies designed to increase participation of students in

education programs and activities in which minorities, women

and individuals with disabilities handicapped individuals are

traditionally underrepresented, and monitor the success of

students in such education programs and activities;

(e) encourage minority student recruitment and retention

in colleges and universities. In implementing this paragraph,

the Board shall undertake but need not be limited to the

following: the establishment of guidelines and plans for public

institutions of higher education for minority student

recruitment and retention, the review and monitoring of

minority student programs implemented at public institutions

of higher education to determine their compliance with any

guidelines and plans so established, the determination of the

effectiveness and funding requirements of minority student

programs at public institutions of higher education, the

dissemination of successful programs as models, and the

encouragement of cooperative partnerships between community

colleges and local school attendance centers which are

experiencing difficulties in enrolling minority students in

four-year colleges and universities;

(f) mandate all public institutions of higher education to

submit data and information essential to determine compliance

with this Section. The Board shall prescribe the format and the

date for submission of this data and any other education equity

data; and

(g) report to the General Assembly and the Governor

annually with a description of the plans submitted by each

public institution of higher education for implementation of

this Section, including financial data relating to the most

recent fiscal year expenditures for specific minority

programs, the effectiveness of such plans and programs and the

effectiveness of the methods and strategies developed by the

Board in meeting the purposes of this Section, the degree of

compliance with this Section by each public institution of

higher education as determined by the Board pursuant to its

periodic review responsibilities, and the findings made by the

Board in conducting its studies and monitoring student success

as required by paragraph d) of this Section. With respect to

each public institution of higher education such report also

shall include, but need not be limited to, information with

respect to each institution's minority program budget

allocations; minority student admission, retention and

graduation statistics; admission, retention, and graduation

statistics of all students who are the first in their immediate

family to attend an institution of higher education; number of

financial assistance awards to undergraduate and graduate

minority students; and minority faculty representation. This

paragraph shall not be construed to prohibit the Board from

making, preparing or issuing additional surveys or studies with

respect to minority education in Illinois.

(Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; 97-813,

eff. 7-13-12.)

Section 445. The University of Illinois Act is amended by

changing Section 9 as follows:

(110 ILCS 305/9) (from Ch. 144, par. 30)

Sec. 9. Scholarships for children of veterans. For each of

the following periods of hostilities, each county shall be

entitled, annually, to one honorary scholarship in the

University, for the benefit of the children of persons who

served in the armed forces of the United States: the Civil War,

World War I, any time between September 16, 1940 and the

termination of World War II, any time during the national

emergency between June 25, 1950 and January 31, 1955, any time

during the Viet Nam conflict between January 1, 1961 and May 7,

1975, any time on or after August 2, 1990 and until Congress or

the President orders that persons in service are no longer

eligible for the Southwest Asia Service Medal, Operation

Enduring Freedom, and Operation Iraqi Freedom. Preference

shall be given to the children of persons who are deceased or

to the children of persons who have a disability disabled. Such

scholarships shall be granted to such pupils as shall, upon

public examination, conducted as the board of trustees of the

University may determine, be decided to have attained the

greatest proficiency in the branches of learning usually taught

in the secondary schools, and who shall be of good moral

character, and not less than 15 years of age. Such pupils, so

selected, shall be entitled to receive, without charge for

tuition, instruction in any or all departments of the

University for a term of at least 4 consecutive years. Such

pupils shall conform, in all respects, to the rules and

regulations of the University, established for the government

of the pupils in attendance.

(Source: P.A. 95-64, eff. 1-1-08.)

Section 450. The University of Illinois Hospital Act is

amended by changing Section 6 as follows:

(110 ILCS 330/6) (from Ch. 23, par. 1376)

Sec. 6. No otherwise qualified child with a disability

handicapped child receiving special education and related

services under Article 14 of The School Code shall solely by

reason of his or her disability handicap be excluded from the

participation in or be denied the benefits of or be subjected

to discrimination under any program or activity provided by the

University of Illinois Hospital.

(Source: P.A. 80-1403.)

Section 455. The Specialized Care for Children Act is

amended by changing Sections 1 and 3 as follows:

(110 ILCS 345/1) (from Ch. 144, par. 67.1)

Sec. 1. The University of Illinois is hereby designated as

the agency to receive, administer, and to hold in its own

treasury federal funds and aid in relation to the

administration of its Division of Specialized Care for

Children. The Board of Trustees of the University of Illinois

shall have a charge upon all claims, demands and causes of

action for injuries to an applicant for or recipient of

financial aid for the total amount of medical assistance

provided the recipient by the Division from the time of injury

to the date of recovery upon such claim, demand or cause of

action. The Board of Trustees of the University of Illinois may

cooperate with the United States Children's Bureau of the

Department of Health, Education and Welfare, or with any

successor or other federal agency, in the administration of the

Division of Specialized Care for Children, and shall have full

responsibility for the expenditure of federal and state funds,

or monies recovered as the result of a judgment or settlement

of a lawsuit or from an insurance or personal settlement

arising from a claim relating to a recipient child's medical

condition, as well as any aid which may be made available to

the Board of Trustees for administering, through the Division

of Specialized Care for Children, a program of services for

children with physical disabilities or who are who are

physically disabled or suffering from conditions which may lead

to a physical disability, including medical, surgical,

corrective and other services and care, and facilities for

diagnosis, hospitalization and aftercare of such children.

(Source: P.A. 97-227, eff. 1-1-12.)

(110 ILCS 345/3) (from Ch. 144, par. 67.3)

Sec. 3. No otherwise qualified child with a disability

handicapped child receiving special education services under

Article 14 of The School Code shall solely by reason of his or

her disability handicap be excluded from the participation in

or be denied the benefits of or be subjected to discrimination

under any program or activity provided by the Division of

Specialized Care for Children.

(Source: P.A. 87-203.)

Section 460. The Public Community College Act is amended by

changing Sections 3-20.3.01 and 3-49 as follows:

(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)

Sec. 3-20.3.01. Whenever, as a result of any lawful order

of any agency, other than a local community college board,

having authority to enforce any law or regulation designed for

the protection, health or safety of community college students,

employees or visitors, or any law or regulation for the

protection and safety of the environment, pursuant to the

"Environmental Protection Act", any local community college

district, including any district to which Article VII of this

Act applies, is required to alter or repair any physical

facilities, or whenever any district determines that it is

necessary for energy conservation, health or safety,

environmental protection or handicapped accessibility purposes

that any physical facilities should be altered or repaired and

that such alterations or repairs will be made with funds not

necessary for the completion of approved and recommended

projects for fire prevention and safety, or whenever after the

effective date of this amendatory Act of 1984 any district,

including any district to which Article VII applies, provides

for alterations or repairs determined by the local community

college board to be necessary for health and safety,

environmental protection, handicapped accessibility or energy

conservation purposes, such district may, by proper resolution

which specifically identifies the project and which is adopted

pursuant to the provisions of the Open Meetings Act, levy a tax

for the purpose of paying for such alterations or repairs, or

survey by a licensed architect or engineer, upon the equalized

assessed value of all the taxable property of the district at a

rate not to exceed .05% per year for a period sufficient to

finance such alterations or repairs, upon the following

conditions:

(a) When in the judgment of the local community college

board of trustees there are not sufficient funds available in

the operations and maintenance fund of the district to

permanently pay for such alterations or repairs so ordered,

determined as necessary.

(b) When a certified estimate of a licensed architect or

engineer stating the estimated amount that is necessary to make

the alterations or repairs so ordered or determined as

necessary has been secured by the local community college

district and the project and estimated amount have been

approved by the Executive Director of the State Board.

The filing of a certified copy of the resolution or

ordinance levying the tax when accompanied by the certificate

of approval of the Executive Director of the State Board shall

be the authority of the county clerk or clerks to extend such

tax; provided, however, that in no event shall the extension

for the current and preceding years, if any, under this Section

be greater than the amount so approved, and interest on bonds

issued pursuant to this Section and in the event such current

extension and preceding extensions exceed such approval and

interest, it shall be reduced proportionately.

The county clerk of each of the counties in which any

community college district levying a tax under the authority of

this Section is located, in reducing raised levies, shall not

consider any such tax as a part of the general levy for

community college purposes and shall not include the same in

the limitation of any other tax rate which may be extended.

Such tax shall be levied and collected in like manner as all

other taxes of community college districts.

The tax rate limit hereinabove specified in this Section

may be increased to .10% upon the approval of a proposition to

effect such increase by a majority of the electors voting on

that proposition at a regular scheduled election. Such

proposition may be initiated by resolution of the local

community college board and shall be certified by the secretary

of the local community college board to the proper election

authorities for submission in accordance with the general

election law.

Each local community college district authorized to levy

any tax pursuant to this Section may also or in the alternative

by proper resolution or ordinance borrow money for such

specifically identified purposes not in excess of $4,500,000 in

the aggregate at any one time when in the judgment of the local

community college board of trustees there are not sufficient

funds available in the operations and maintenance fund of the

district to permanently pay for such alterations or repairs so

ordered or determined as necessary and a certified estimate of

a licensed architect or engineer stating the estimated amount

has been secured by the local community college district and

the project and the estimated amount have been approved by the

State Board, and as evidence of such indebtedness may issue

bonds without referendum. However, Community College District

No. 522 and Community College District No. 536 may or in the

alternative by proper resolution or ordinance borrow money for

such specifically identified purposes not in excess of

$20,000,000 in the aggregate at any one time when in the

judgment of the community college board of trustees there are

not sufficient funds available in the operations and

maintenance fund of the district to permanently pay for such

alterations or repairs so ordered or determined as necessary

and a certified estimate of a licensed architect or engineer

stating the estimated amount has been secured by the community

college district and the project and the estimated amount have

been approved by the State Board, and as evidence of such

indebtedness may issue bonds without referendum. Such bonds

shall bear interest at a rate or rates authorized by "An Act to

authorize public corporations to issue bonds, other evidences

of indebtedness and tax anticipation warrants subject to

interest rate limitations set forth therein", approved May 26,

1970, as now or hereafter amended, shall mature within 20 years

from date, and shall be signed by the chairman, secretary and

treasurer of the local community college board.

In order to authorize and issue such bonds the local

community college board shall adopt a resolution fixing the

amount of bonds, the date thereof, the maturities thereof and

rates of interest thereof, and the board by such resolution, or

in a district to which Article VII applies the city council

upon demand and under the direction of the board by ordinance,

shall provide for the levy and collection of a direct annual

tax upon all the taxable property in the local community

college district sufficient to pay the principal and interest

on such bonds to maturity. Upon the filing in the office of the

county clerk of each of the counties in which the community

college district is located of a certified copy of such

resolution or ordinance it is the duty of the county clerk or

clerks to extend the tax therefor without limit as to rate or

amount and in addition to and in excess of all other taxes

heretofore or hereafter authorized to be levied by such

community college district.

The State Board shall prepare and enforce regulations and

specifications for minimum requirements for the construction,

remodeling or rehabilitation of heating, ventilating, air

conditioning, lighting, seating, water supply, toilet,

handicapped accessibility, fire safety and any other matter

that will conserve, preserve or provide for the protection and

the health or safety of individuals in or on community college

property and will conserve the integrity of the physical

facilities of the district.

This Section is cumulative and constitutes complete

authority for the issuance of bonds as provided in this Section

notwithstanding any other statute or law to the contrary.

(Source: P.A. 96-561, eff. 1-1-10.)

(110 ILCS 805/3-49) (from Ch. 122, par. 103-49)

Sec. 3-49. Each Board of Trustees of a Community College

District may, at its discretion, appoint an Employment Advisory

Board. Such Employment Advisory Board shall consist of not more

than 15 members appointed to terms of 4 years, and their

membership shall include, but not be limited to,

representatives of the following groups:

(a) small businesses;

(b) large businesses which employ residents of the

Community College District;

(c) governmental units which employ residents of the

Community College District;

(d) non-profit private organizations;

(e) organizations which serve as advocates for persons with

disabilities the handicapped; and

(f) employee organizations.

(Source: P.A. 85-458.)

Section 465. The Higher Education Student Assistance Act is

amended by changing Sections 50, 52, 55, 60, 65.15, 65.70, and

105 as follows:

(110 ILCS 947/50)

Sec. 50. Minority Teachers of Illinois scholarship

program.

(a) As used in this Section:

"Eligible applicant" means a minority student who has

graduated from high school or has received a high school

equivalency certificate and has maintained a cumulative

grade point average of no less than 2.5 on a 4.0 scale, and

who by reason thereof is entitled to apply for scholarships

to be awarded under this Section.

"Minority student" means a student who is any of the

following:

(1) American Indian or Alaska Native (a person

having origins in any of the original peoples of North

and South America, including Central America, and who

maintains tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or

the Indian subcontinent, including, but not limited

to, Cambodia, China, India, Japan, Korea, Malaysia,

Pakistan, the Philippine Islands, Thailand, and

Vietnam).

(3) Black or African American (a person having

origins in any of the black racial groups of Africa).

Terms such as "Haitian" or "Negro" can be used in

addition to "Black or African American".

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other

Spanish culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a

person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands).

"Qualified student" means a person (i) who is a

resident of this State and a citizen or permanent resident

of the United States; (ii) who is a minority student, as

defined in this Section; (iii) who, as an eligible

applicant, has made a timely application for a minority

teaching scholarship under this Section; (iv) who is

enrolled on at least a half-time basis at a qualified

Illinois institution of higher learning; (v) who is

enrolled in a course of study leading to teacher

certification, including alternative teacher

certification; (vi) who maintains a grade point average of

no less than 2.5 on a 4.0 scale; and (vii) who continues to

advance satisfactorily toward the attainment of a degree.

(b) In order to encourage academically talented Illinois

minority students to pursue teaching careers at the preschool

or elementary or secondary school level, each qualified student

shall be awarded a minority teacher scholarship to any

qualified Illinois institution of higher learning. However,

preference may be given to qualified applicants enrolled at or

above the junior level.

(c) Each minority teacher scholarship awarded under this

Section shall be in an amount sufficient to pay the tuition and

fees and room and board costs of the qualified Illinois

institution of higher learning at which the recipient is

enrolled, up to an annual maximum of $5,000; except that in the

case of a recipient who does not reside on-campus at the

institution at which he or she is enrolled, the amount of the

scholarship shall be sufficient to pay tuition and fee expenses

and a commuter allowance, up to an annual maximum of $5,000.

(d) The total amount of minority teacher scholarship

assistance awarded by the Commission under this Section to an

individual in any given fiscal year, when added to other

financial assistance awarded to that individual for that year,

shall not exceed the cost of attendance at the institution at

which the student is enrolled. If the amount of minority

teacher scholarship to be awarded to a qualified student as

provided in subsection (c) of this Section exceeds the cost of

attendance at the institution at which the student is enrolled,

the minority teacher scholarship shall be reduced by an amount

equal to the amount by which the combined financial assistance

available to the student exceeds the cost of attendance.

(e) The maximum number of academic terms for which a

qualified student can receive minority teacher scholarship

assistance shall be 8 semesters or 12 quarters.

(f) In any academic year for which an eligible applicant

under this Section accepts financial assistance through the

Paul Douglas Teacher Scholarship Program, as authorized by

Section 551 et seq. of the Higher Education Act of 1965, the

applicant shall not be eligible for scholarship assistance

awarded under this Section.

(g) All applications for minority teacher scholarships to

be awarded under this Section shall be made to the Commission

on forms which the Commission shall provide for eligible

applicants. The form of applications and the information

required to be set forth therein shall be determined by the

Commission, and the Commission shall require eligible

applicants to submit with their applications such supporting

documents or recommendations as the Commission deems

necessary.

(h) Subject to a separate appropriation for such purposes,

payment of any minority teacher scholarship awarded under this

Section shall be determined by the Commission. All scholarship

funds distributed in accordance with this subsection shall be

paid to the institution and used only for payment of the

tuition and fee and room and board expenses incurred by the

student in connection with his or her attendance as an

undergraduate student at a qualified Illinois institution of

higher learning. Any minority teacher scholarship awarded

under this Section shall be applicable to 2 semesters or 3

quarters of enrollment. If a qualified student withdraws from

enrollment prior to completion of the first semester or quarter

for which the minority teacher scholarship is applicable, the

school shall refund to the Commission the full amount of the

minority teacher scholarship.

(i) The Commission shall administer the minority teacher

scholarship aid program established by this Section and shall

make all necessary and proper rules not inconsistent with this

Section for its effective implementation.

(j) When an appropriation to the Commission for a given

fiscal year is insufficient to provide scholarships to all

qualified students, the Commission shall allocate the

appropriation in accordance with this subsection. If funds are

insufficient to provide all qualified students with a

scholarship as authorized by this Section, the Commission shall

allocate the available scholarship funds for that fiscal year

on the basis of the date the Commission receives a complete

application form.

(k) Notwithstanding the provisions of subsection (j) or any

other provision of this Section, at least 30% of the funds

appropriated for scholarships awarded under this Section in

each fiscal year shall be reserved for qualified male minority

applicants. If the Commission does not receive enough

applications from qualified male minorities on or before

January 1 of each fiscal year to award 30% of the funds

appropriated for these scholarships to qualified male minority

applicants, then the Commission may award a portion of the

reserved funds to qualified female minority applicants.

(l) Prior to receiving scholarship assistance for any

academic year, each recipient of a minority teacher scholarship

awarded under this Section shall be required by the Commission

to sign an agreement under which the recipient pledges that,

within the one-year period following the termination of the

program for which the recipient was awarded a minority teacher

scholarship, the recipient (i) shall begin teaching for a

period of not less than one year for each year of scholarship

assistance he or she was awarded under this Section; and (ii)

shall fulfill this teaching obligation at a nonprofit Illinois

public, private, or parochial preschool, elementary school, or

secondary school at which no less than 30% of the enrolled

students are minority students in the year during which the

recipient begins teaching at the school; and (iii) shall, upon

request by the Commission, provide the Commission with evidence

that he or she is fulfilling or has fulfilled the terms of the

teaching agreement provided for in this subsection.

(m) If a recipient of a minority teacher scholarship

awarded under this Section fails to fulfill the teaching

obligation set forth in subsection (l) of this Section, the

Commission shall require the recipient to repay the amount of

the scholarships received, prorated according to the fraction

of the teaching obligation not completed, at a rate of interest

equal to 5%, and, if applicable, reasonable collection fees.

The Commission is authorized to establish rules relating to its

collection activities for repayment of scholarships under this

Section. All repayments collected under this Section shall be

forwarded to the State Comptroller for deposit into the State's

General Revenue Fund.

(n) A recipient of minority teacher scholarship shall not

be considered in violation of the agreement entered into

pursuant to subsection (l) if the recipient (i) enrolls on a

full time basis as a graduate student in a course of study

related to the field of teaching at a qualified Illinois

institution of higher learning; (ii) is serving, not in excess

of 3 years, as a member of the armed services of the United

States; (iii) is a person with a temporary total disability

temporarily totally disabled for a period of time not to exceed

3 years as established by sworn affidavit of a qualified

physician; (iv) is seeking and unable to find full time

employment as a teacher at an Illinois public, private, or

parochial preschool or elementary or secondary school that

satisfies the criteria set forth in subsection (l) of this

Section and is able to provide evidence of that fact; (v)

becomes a person with a permanent total disability permanently

totally disabled as established by sworn affidavit of a

qualified physician; (vi) is taking additional courses, on at

least a half-time basis, needed to obtain certification as a

teacher in Illinois; or (vii) is fulfilling teaching

requirements associated with other programs administered by

the Commission and cannot concurrently fulfill them under this

Section in a period of time equal to the length of the teaching

obligation.

(o) Scholarship recipients under this Section who withdraw

from a program of teacher education but remain enrolled in

school to continue their postsecondary studies in another

academic discipline shall not be required to commence repayment

of their Minority Teachers of Illinois scholarship so long as

they remain enrolled in school on a full-time basis or if they

can document for the Commission special circumstances that

warrant extension of repayment.

(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)

(110 ILCS 947/52)

Sec. 52. Golden Apple Scholars of Illinois Program; Golden

Apple Foundation for Excellence in Teaching.

(a) In this Section, "Foundation" means the Golden Apple

Foundation for Excellence in Teaching, a registered 501(c)(3)

not-for-profit corporation.

(a-2) In order to encourage academically talented Illinois

students, especially minority students, to pursue teaching

careers, especially in teacher shortage disciplines (which

shall be defined to include early childhood education) or at

hard-to-staff schools (as defined by the Commission in

consultation with the State Board of Education), to provide

those students with the crucial mentoring, guidance, and

in-service support that will significantly increase the

likelihood that they will complete their full teaching

commitments and elect to continue teaching in targeted

disciplines and hard-to-staff schools, and to ensure that

students in this State will continue to have access to a pool

of highly-qualified teachers, each qualified student shall be

awarded a Golden Apple Scholars of Illinois Program scholarship

to any Illinois institution of higher learning. The Commission

shall administer the Golden Apple Scholars of Illinois Program,

which shall be managed by the Foundation pursuant to the terms

of a grant agreement meeting the requirements of Section 4 of

the Illinois Grant Funds Recovery Act.

(a-3) For purposes of this Section, a qualified student

shall be a student who meets the following qualifications:

(1) is a resident of this State and a citizen or

eligible noncitizen of the United States;

(2) is a high school graduate or a person who has

received a high school equivalency certificate;

(3) is enrolled or accepted, on at least a half-time

basis, at an institution of higher learning;

(4) is pursuing a postsecondary course of study leading

to initial certification or pursuing additional course

work needed to gain State Board of Education approval to

teach, including alternative teacher licensure; and

(5) is a participant in programs managed by and is

approved to receive a scholarship from the Foundation.

(a-5) (Blank).

(b) (Blank).

(b-5) Funds designated for the Golden Apple Scholars of

Illinois Program shall be used by the Commission for the

payment of scholarship assistance under this Section or for the

award of grant funds, subject to the Illinois Grant Funds

Recovery Act, to the Foundation. Subject to appropriation,

awards of grant funds to the Foundation shall be made on an

annual basis and following an application for grant funds by

the Foundation.

(b-10) Each year, the Foundation shall include in its

application to the Commission for grant funds an estimate of

the amount of scholarship assistance to be provided to

qualified students during the grant period. Any amount of

appropriated funds exceeding the estimated amount of

scholarship assistance may be awarded by the Commission to the

Foundation for management expenses expected to be incurred by

the Foundation in providing the mentoring, guidance, and

in-service supports that will increase the likelihood that

qualified students will complete their teaching commitments

and elect to continue teaching in hard-to-staff schools. If the

estimate of the amount of scholarship assistance described in

the Foundation's application is less than the actual amount

required for the award of scholarship assistance to qualified

students, the Foundation shall be responsible for using awarded

grant funds to ensure all qualified students receive

scholarship assistance under this Section.

(b-15) All grant funds not expended or legally obligated

within the time specified in a grant agreement between the

Foundation and the Commission shall be returned to the

Commission within 45 days. Any funds legally obligated by the

end of a grant agreement shall be liquidated within 45 days or

otherwise returned to the Commission within 90 days after the

end of the grant agreement that resulted in the award of grant

funds.

(c) Each scholarship awarded under this Section shall be in

an amount sufficient to pay the tuition and fees and room and

board costs of the Illinois institution of higher learning at

which the recipient is enrolled, up to an annual maximum of

$5,000; except that in the case of a recipient who does not

reside on-campus at the institution of higher learning at which

he or she is enrolled, the amount of the scholarship shall be

sufficient to pay tuition and fee expenses and a commuter

allowance, up to an annual maximum of $5,000. All scholarship

funds distributed in accordance with this Section shall be paid

to the institution on behalf of recipients.

(d) The total amount of scholarship assistance awarded by

the Commission under this Section to an individual in any given

fiscal year, when added to other financial assistance awarded

to that individual for that year, shall not exceed the cost of

attendance at the institution of higher learning at which the

student is enrolled. In any academic year for which a qualified

student under this Section accepts financial assistance

through any other teacher scholarship program administered by

the Commission, a qualified student shall not be eligible for

scholarship assistance awarded under this Section.

(e) A recipient may receive up to 8 semesters or 12

quarters of scholarship assistance under this Section.

Scholarship funds are applicable toward 2 semesters or 3

quarters of enrollment each academic year.

(f) All applications for scholarship assistance to be

awarded under this Section shall be made to the Foundation in a

form determined by the Foundation. Each year, the Foundation

shall notify the Commission of the individuals awarded

scholarship assistance under this Section. Each year, at least

30% of the Golden Apple Scholars of Illinois Program

scholarships shall be awarded to students residing in counties

having a population of less than 500,000.

(g) (Blank).

(h) The Commission shall administer the payment of

scholarship assistance provided through the Golden Apple

Scholars of Illinois Program and shall make all necessary and

proper rules not inconsistent with this Section for the

effective implementation of this Section.

(i) Prior to receiving scholarship assistance for any

academic year, each recipient of a scholarship awarded under

this Section shall be required by the Foundation to sign an

agreement under which the recipient pledges that, within the

2-year period following the termination of the academic program

for which the recipient was awarded a scholarship, the

recipient: (i) shall begin teaching for a period of not less

than 5 years, (ii) shall fulfill this teaching obligation at a

nonprofit Illinois public, private, or parochial preschool or

an Illinois public elementary or secondary school that

qualifies for teacher loan cancellation under Section

465(a)(2)(A) of the federal Higher Education Act of 1965 (20

U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed

eligible for fulfilling the teaching commitment as designated

by the Foundation, and (iii) shall, upon request of the

Foundation, provide the Foundation with evidence that he or she

is fulfilling or has fulfilled the terms of the teaching

agreement provided for in this subsection. Upon request, the

Foundation shall provide evidence of teacher fulfillment to the

Commission.

(j) If a recipient of a scholarship awarded under this

Section fails to fulfill the teaching obligation set forth in

subsection (i) of this Section, the Commission shall require

the recipient to repay the amount of the scholarships received,

prorated according to the fraction of the teaching obligation

not completed, plus interest at a rate of 5% and if applicable,

reasonable collection fees. Payments received by the

Commission under this subsection (j) shall be remitted to the

State Comptroller for deposit into the General Revenue Fund,

except that that portion of a recipient's repayment that equals

the amount in expenses that the Commission has reasonably

incurred in attempting collection from that recipient shall be

remitted to the State Comptroller for deposit into the

Commission's Accounts Receivable Fund.

(k) A recipient of a scholarship awarded by the Foundation

under this Section shall not be considered to have failed to

fulfill the teaching obligations of the agreement entered into

pursuant to subsection (i) if the recipient (i) enrolls on a

full-time basis as a graduate student in a course of study

related to the field of teaching at an institution of higher

learning; (ii) is serving as a member of the armed services of

the United States; (iii) is a person with a temporary total

disability temporarily totally disabled, as established by

sworn affidavit of a qualified physician; (iv) is seeking and

unable to find full-time employment as a teacher at a school

that satisfies the criteria set forth in subsection (i) and is

able to provide evidence of that fact; (v) is taking additional

courses, on at least a half-time basis, needed to obtain

certification as a teacher in Illinois; (vi) is fulfilling

teaching requirements associated with other programs

administered by the Commission and cannot concurrently fulfill

them under this Section in a period of time equal to the length

of the teaching obligation; or (vii) is participating in a

program established under Executive Order 10924 of the

President of the United States or the federal National

Community Service Act of 1990 (42 U.S.C. 12501 et seq.). Any

such extension of the period during which the teaching

requirement must be fulfilled shall be subject to limitations

of duration as established by the Commission.

(l) A recipient who fails to fulfill the teaching

obligations of the agreement entered into pursuant to

subsection (i) of this Section shall repay the amount of

scholarship assistance awarded to them under this Section

within 10 years.

(m) Annually, at a time determined by the Commission in

consultation with the Foundation, the Foundation shall submit a

report to assist the Commission in monitoring the Foundation's

performance of grant activities. The report shall describe the

following:

(1) the Foundation's anticipated expenditures for the

next fiscal year;

(2) the number of qualified students receiving

scholarship assistance at each institution of higher

learning where a qualified student was enrolled under this

Section during the previous fiscal year;

(3) the total monetary value of scholarship funds paid

to each institution of higher learning at which a qualified

student was enrolled during the previous fiscal year;

(4) the number of scholarship recipients who completed

a baccalaureate degree during the previous fiscal year;

(5) the number of scholarship recipients who fulfilled

their teaching obligation during the previous fiscal year;

(6) the number of scholarship recipients who failed to

fulfill their teaching obligation during the previous

fiscal year;

(7) the number of scholarship recipients granted an

extension described in subsection (k) of this Section

during the previous fiscal year;

(8) the number of scholarship recipients required to

repay scholarship assistance in accordance with subsection

(j) of this Section during the previous fiscal year;

(9) the number of scholarship recipients who

successfully repaid scholarship assistance in full during

the previous fiscal year;

(10) the number of scholarship recipients who

defaulted on their obligation to repay scholarship

assistance during the previous fiscal year;

(11) the amount of scholarship assistance subject to

collection in accordance with subsection (j) of this

Section at the end of the previous fiscal year;

(12) the amount of collected funds to be remitted to

the Comptroller in accordance with subsection (j) of this

Section at the end of the previous fiscal year; and

(13) other information that the Commission may

reasonably request.

(n) Nothing in this Section shall affect the rights of the

Commission to collect moneys owed to it by recipients of

scholarship assistance through the Illinois Future Teacher

Corps Program, repealed by this amendatory Act of the 98th

General Assembly.

(o) The Auditor General shall prepare an annual audit of

the operations and finances of the Golden Apple Scholars of

Illinois Program. This audit shall be provided to the Governor,

General Assembly, and the Commission.

(p) The suspension of grant making authority found in

Section 4.2 of the Illinois Grant Funds Recovery Act shall not

apply to grants made pursuant to this Section.

(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15.)

(110 ILCS 947/55)

Sec. 55. Police officer or fire officer survivor grant.

Grants shall be provided for any spouse, natural child, legally

adopted child, or child in the legal custody of police officers

and fire officers who are killed or who become a person with a

permanent disability permanently disabled with 90% to 100%

disability in the line of duty while employed by, or in the

voluntary service of, this State or any local public entity in

this State. Beneficiaries need not be Illinois residents at the

time of enrollment in order to receive this grant.

Beneficiaries are entitled to 8 semesters or 12 quarters of

full payment of tuition and mandatory fees at any

State-sponsored Illinois institution of higher learning for

either full or part-time study, or the equivalent of 8

semesters or 12 quarters of payment of tuition and mandatory

fees at the rate established by the Commission for private

institutions in the State of Illinois, provided the recipient

is maintaining satisfactory academic progress. This benefit

may be used for undergraduate or graduate study. The benefits

of this Section shall be administered by and paid out of funds

available to the Commission and shall accrue to the bona fide

applicant without the requirement of demonstrating financial

need to qualify for those benefits.

(Source: P.A. 91-670, eff. 12-22-99.)

(110 ILCS 947/60)

Sec. 60. Grants for dependents of Department of Corrections

employees who are killed or who become a person with a

permanent disability permanently disabled in the line of duty.

Any spouse, natural child, legally adopted child, or child in

the legal custody of an employee of the Department of

Corrections who is assigned to a security position with the

Department with responsibility for inmates of any correctional

institution under the jurisdiction of the Department and who is

killed or who becomes a person with a permanent disability

permanently disabled with 90% to 100% disability in the line of

duty is entitled to 8 semesters or 12 quarters of full payment

of tuition and mandatory fees at any State-supported Illinois

institution of higher learning for either full or part-time

study, or the equivalent of 8 semesters or 12 quarters of

payment of tuition and mandatory fees at the rate established

by the Commission for private institutions in the State of

Illinois, provided the recipient is maintaining satisfactory

academic progress. This benefit may be used for undergraduate

or graduate study. Beneficiaries need not be Illinois residents

at the time of enrollment in order to receive this grant. The

benefits of this Section shall be administered by and paid out

of funds available to the Commission and shall accrue to the

bona fide applicant without the requirement of demonstrating

financial need to qualify for those benefits.

(Source: P.A. 91-670, eff. 12-22-99.)

(110 ILCS 947/65.15)

Sec. 65.15. Special education teacher scholarships.

(a) There shall be awarded annually 250 scholarships to

persons qualifying as members of any of the following groups:

(1) Students who are otherwise qualified to receive a

scholarship as provided in subsections (b) and (c) of this

Section and who make application to the Commission for such

scholarship and agree to take courses that will prepare the

student for the teaching of children described in Section

14-1 of the School Code.

(2) Persons holding a valid certificate issued under

the laws relating to the certification of teachers and who

make application to the Commission for such scholarship and

agree to take courses that will prepare them for the

teaching of children described in Section 14-1 of the

School Code.

(3) Persons who (A) have graduated high school; (B)

have not been certified as a teacher; and (C) make

application to the Commission for such scholarship and

agree to take courses that will prepare them for the

teaching of children described in Section 14-1 of the

School Code.

Scholarships awarded under this Section shall be issued

pursuant to regulations promulgated by the Commission;

provided that no rule or regulation promulgated by the State

Board of Education prior to the effective date of this

amendatory Act of 1993 pursuant to the exercise of any right,

power, duty, responsibility or matter of pending business

transferred from the State Board of Education to the Commission

under this Section shall be affected thereby, and all such

rules and regulations shall become the rules and regulations of

the Commission until modified or changed by the Commission in

accordance with law.

For the purposes of this Section scholarships awarded each

school year shall be deemed to be issued on July 1 of the year

prior to the start of the postsecondary school term and all

calculations for use of the scholarship shall be based on such

date. Each scholarship shall entitle its holder to exemption

from fees as provided in subsection (a) of Section 65.40 while

enrolled in a special education program of teacher education,

for a period of not more than 4 calendar years and shall be

available for use at any time during such period of study

except as provided in subsection (b) of Section 65.40.

Scholarships issued to holders of a valid certificate

issued under the laws relating to the certification of teachers

as provided in paragraph (2) of this subsection may also

entitle the holder thereof to a program of teacher education

that will prepare the student for the teaching of children

described in Section 14-1 of the School Code at the graduate

level.

(b) The principal, or his or her designee, of an approved

high school shall certify to the Commission, for students who

are Illinois residents and are completing an application, that

the students ranked scholastically in the upper one-half of

their graduating class at the end of the sixth semester.

(c) Each holder of a scholarship must furnish proof to the

Commission, in such form and at such intervals as the

Commission prescribes, of the holder's continued enrollment in

a teacher education program qualifying the holder for the

scholarship. Any holder of a scholarship who fails to register

in a special education program of teacher education at the

university within 10 days after the commencement of the term,

quarter or semester immediately following the receipt of the

scholarship or who, having registered, withdraws from the

university or transfers out of teacher education, shall

thereupon forfeit the right to use it and it may be granted to

the person having the next highest rank as shown on the list

held by the Commission. If the person having the next highest

rank, within 10 days after notification thereof by the

Commission, fails to register at any such university in a

special education program of teacher education, or who, having

registered, withdraws from the university or transfers out of

teacher education, the scholarship may then be granted to the

person shown on the list as having the rank next below such

person.

(d) Any person who has accepted a scholarship under the

preceding subsections of this Section must, within one year

after graduation from or termination of enrollment in a teacher

education program, begin teaching at a nonprofit Illinois

public, private, or parochial preschool or elementary or

secondary school for a period of at least 2 of the 5 years

immediately following that graduation or termination,

excluding, however, from the computation of that 5 year period

(i) any time up to 3 years spent in the military service,

whether such service occurs before or after the person

graduates; (ii) any time that person is enrolled full-time in

an academic program related to the field of teaching leading to

a graduate or postgraduate degree; (iii) the time that person

is a person with a temporary total disability temporarily

totally disabled for a period of time not to exceed 3 years, as

established by the sworn affidavit of a qualified physician;

(iv) the time that person is seeking and unable to find full

time employment as a teacher at an Illinois public, private, or

parochial school; (v) the time that person is taking additional

courses, on at least a half-time basis, needed to obtain

certification as a teacher in Illinois; or (vi) the time that

person is fulfilling teaching requirements associated with

other programs administered by the Commission if he or she

cannot concurrently fulfill them under this Section in a period

of time equal to the length of the teaching obligation.

A person who has accepted a scholarship under the preceding

subsections of this Section and who has been unable to fulfill

the teaching requirements of this Section may receive a

deferment from the obligation of repayment under this

subsection (d) under guidelines established by the Commission;

provided that no guideline established for any such purpose by

the State Board of Education prior to the effective date of

this amendatory Act of 1993 shall be affected by the transfer

to the Commission of the responsibility for administering and

implementing the provisions of this Section, and all guidelines

so established shall become the guidelines of the Commission

until modified or changed by the Commission.

Any such person who fails to fulfill this teaching

requirement shall pay to the Commission the amount of tuition

waived by virtue of his or her acceptance of the scholarship,

together with interest at 5% per year on that amount. However,

this obligation to repay the amount of tuition waived plus

interest does not apply when the failure to fulfill the

teaching requirement results from the death or adjudication as

a person under legal disability of the person holding the

scholarship, and no claim for repayment may be filed against

the estate of such a decedent or person under legal disability.

Payments received by the Commission under this subsection (d)

shall be remitted to the State Treasurer for deposit in the

General Revenue Fund. Each person receiving a scholarship shall

be provided with a description of the provisions of this

subsection (d) at the time he or she qualifies for the benefits

of such a scholarship.

(e) This Section is basically the same as Sections 30-1,

30-2, 30-3, and 30-4a of the School Code, which are repealed by

this amendatory Act of 1993, and shall be construed as a

continuation of the teacher scholarship program established by

that prior law, and not as a new or different teacher

scholarship program. The State Board of Education shall

transfer to the Commission, as the successor to the State Board

of Education for all purposes of administering and implementing

the provisions of this Section, all books, accounts, records,

papers, documents, contracts, agreements, and pending business

in any way relating to the teacher scholarship program

continued under this Section; and all scholarships at any time

awarded under that program by, and all applications for any

such scholarships at any time made to, the State Board of

Education shall be unaffected by the transfer to the Commission

of all responsibility for the administration and

implementation of the teacher scholarship program continued

under this Section. The State Board of Education shall furnish

to the Commission such other information as the Commission may

request to assist it in administering this Section.

(Source: P.A. 94-133, eff. 7-1-06.)

(110 ILCS 947/65.70)

Sec. 65.70. Optometric Education Scholarship Program.

(a) The General Assembly finds and declares that the

provision of graduate education leading to a doctoral degree in

optometry for persons of this State who desire such an

education is important to the health and welfare of this State

and Nation and, consequently, is an important public purpose.

Many qualified potential optometrists are deterred by

financial considerations from pursuing their optometric

education with consequent irreparable loss to the State and

Nation of talents vital to health and welfare. A program of

scholarships, repayment of which may be excused if the

individual practices professional optometry in this State,

will enable such individuals to attend qualified public or

private institutions of their choice in the State.

(b) Beginning with the 2003-2004 academic year, the

Commission shall, each year, consider applications for

scholarship assistance under this Section. An applicant is

eligible for a scholarship under this Section if the Commission

finds that the applicant is:

(1) a United States citizen or eligible noncitizen;

(2) a resident of Illinois; and

(3) enrolled on a full-time basis in a public or

private college of optometry located in this State that

awards a doctorate degree in optometry and is approved by

the Department of Professional Regulation.

(c) Each year the Commission shall award 10 scholarships

under this Section among applicants qualified pursuant to

subsection (b). Two of these scholarships each shall be awarded

to eligible applicants enrolled in their first year, second

year, third year, and fourth year. The remaining 2 scholarships

shall be awarded to any level of student. The Commission shall

receive funding for the scholarships through appropriations

from the Optometric Licensing and Disciplinary Board Fund. If

in any year the number of qualified applicants exceeds the

number of scholarships to be awarded, the Commission shall give

priority in awarding scholarships to students demonstrating

exceptional merit and who are in financial need. A scholarship

shall be in the amount of $5,000 each year applicable to

tuition and fees.

(d) The total amount of scholarship assistance awarded by

the Commission under this Section to an individual in any given

fiscal year, when added to other financial assistance awarded

to that individual for that year, shall not exceed the cost of

attendance at the institution at which the student is enrolled.

(e) A recipient may receive up to 8 semesters or 12

quarters of scholarship assistance under this Section.

(f) Subject to a separate appropriation made for such

purposes, payment of any scholarship awarded under this Section

shall be determined by the Commission. All scholarship funds

distributed in accordance with this Section shall be paid to

the institution on behalf of the recipients. Scholarship funds

are applicable toward 2 semesters or 3 quarters of enrollment

within an academic year.

(g) The Commission shall administer the Optometric

Education Scholarship Program established by this Section and

shall make all necessary and proper rules not inconsistent with

this Section for its effective implementation.

(h) Prior to receiving scholarship assistance for any

academic year, each recipient of a scholarship awarded under

this Section shall be required by the Commission to sign an

agreement under which the recipient pledges that, within the

one-year period following the termination of the academic

program for which the recipient was awarded a scholarship, the

recipient shall practice in this State as a licensed

optometrist under the Illinois Optometric Practice Act of 1987

for a period of not less than one year for each year of

scholarship assistance awarded under this Section. Each

recipient shall, upon request of the Commission, provide the

Commission with evidence that he or she is fulfilling or has

fulfilled the terms of the practice agreement provided for in

this subsection.

(i) If a recipient of a scholarship awarded under this

Section fails to fulfill the practice obligation set forth in

subsection (h) of this Section, the Commission shall require

the recipient to repay the amount of the scholarships received,

prorated according to the fraction of the obligation not

completed, plus interest at a rate of 5% and, if applicable,

reasonable collection fees. The Commission is authorized to

establish rules relating to its collection activities for

repayment of scholarships under this Section.

(j) A recipient of a scholarship awarded by the Commission

under this Section shall not be in violation of the agreement

entered into pursuant to subsection (h) if the recipient (i) is

serving as a member of the armed services of the United States;

(ii) is enrolled in a residency program following graduation at

an approved institution; (iii) is a person with a temporary

total disability temporarily totally disabled, as established

by sworn affidavit of a qualified physician; or (iii) cannot

fulfill the employment obligation due to his or her death,

disability, or incompetency, as established by sworn affidavit

of a qualified physician. No claim for repayment may be filed

against the estate of such a decedent or incompetent. Any

extension of the period during which the employment requirement

must be fulfilled shall be subject to limitations of duration

as established by the Commission.

(Source: P.A. 92-569, eff. 6-26-02.)

(110 ILCS 947/105)

Sec. 105. Procedure on default. Upon default by the

borrower on any loan guaranteed under this Act, upon the death

of the borrower, or upon report from the lender that the

borrower has become a person with a total and permanent

disability totally and permanently disabled, as determined in

accordance with the Higher Education Act of 1965, the lender

shall promptly notify the Commission, and the Commission shall

pay to the lender the amount of loss sustained by the lender

upon that loan as soon as that amount has been determined. The

amount of loss on any loan shall be determined in accordance

with the definitions, rules, and regulations of the Commission,

and shall not exceed (1) the unpaid balance of the principal

amount; (2) the unpaid accrued interest; and (3) the unpaid

late charges.

Upon payment by the Commission of the guaranteed portion of

the loss, the Commission shall be subrogated to the rights of

the holder of the obligation upon the insured loan and shall be

entitled to an assignment of the note or other evidence of the

guaranteed loan by the lender. The Commission shall file any

and all lawsuits on delinquent and defaulted student loans in

the County of Cook where venue shall be deemed to be proper. A

defendant may request a change of venue to the county where he

resides, and the court has the authority to grant the change.

Any defendant, within 30 days of service of summons, may file a

written request by mail with the Commission to change venue.

Upon receipt, the Commission shall move the court for the

change of venue.

The Commission shall upon the filing and completion of the

requirements for the "Adjustment of Debts of an Individual with

Regular Income", pursuant to Title 11, Chapter l3 of the United

States Code, proceed to collect the outstanding balance of the

loan guaranteed under this Act. Educational loans guaranteed

under this Act shall not be discharged by the filing of the

"Adjustment of Debts of an Individual with Regular Income",

unless the loan first became due more than 5 years, exclusive

of any applicable suspension period, prior to the filing of the

petition; or unless excepting the debt from discharge will

impose an undue hardship on the debtor and the debtor's

dependents.

The Commission shall proceed to recover educational loans

upon the filing of a petition under "Individual Liquidation",

pursuant to Title 11, Chapter 7 of the United States Code,

unless the loan first became due more than 5 years, exclusive

of any applicable suspension period, prior to the filing of the

petition; or unless excepting the debt from discharge will

impose an undue hardship on the debtor and the debtor's

dependents.

Nothing in this Section shall be construed to preclude any

forbearance for the benefit of the borrower which may be agreed

upon by the party to the guaranteed loan and approved by the

Commission, to preclude forbearance by the Commission in the

enforcement of the guaranteed obligation after payment on that

guarantee, or to require collection of the amount of any loan

by the lender or by the Commission from the estate of a

deceased borrower or from a borrower found by the lender to

have become a person with a total and permanent disability

permanently and totally disabled.

Nothing in this Section shall be construed to excuse the

holder of a loan from exercising reasonable care and diligence

in the making and collection of loans under this Act. If the

Commission after reasonable notice and opportunity for hearing

to a lender finds that it has substantially failed to exercise

such care and diligence, the Commission shall disqualify that

lender for the guarantee of further loans until the Commission

is satisfied that the lender's failure has ceased and finds

that there is reasonable assurance that the lender will in the

future exercise necessary care and diligence or comply with the

rules and regulations of the Commission.

(Source: P.A. 87-997.)

Section 470. The Nurse Educator Assistance Act is amended

by changing Section 15-30 as follows:

(110 ILCS 967/15-30)

Sec. 15-30. Repayment upon default; exception.

(a) If a recipient of a scholarship awarded under this

Section fails to fulfill the work agreement required under the

program, the Commission shall require the recipient to repay

the amount of the scholarship or scholarships received,

prorated according to the fraction of the work agreement not

completed, plus interest at a rate of 5% and, if applicable,

reasonable collection fees.

(b) Payments received by the Commission under this Section

shall be remitted to the State Comptroller for deposit into the

General Revenue Fund, except that that portion of a recipient's

repayment that equals the amount in expenses that the

Commission has reasonably incurred in attempting collection

from that recipient shall be remitted to the State Comptroller

for deposit into the Commission's Accounts Receivable Fund.

(c) A recipient of a scholarship awarded by the Commission

under the program shall not be in violation of the agreement

entered into pursuant to this Article if the recipient is (i)

serving as a member of the armed services of the United States,

(ii) a person with a temporary total disability temporarily

totally disabled, as established by a sworn affidavit of a

qualified physician, (iii) seeking and unable to find full-time

employment as a nursing educator and is able to provide

evidence of that fact, or (iv) taking additional courses, on at

least a half-time basis, related to nursing education. Any

extension of the period during which the work requirement must

be fulfilled shall be subject to limitations of duration

established by the Commission.

(Source: P.A. 94-1020, eff. 7-11-06.)

Section 475. The Senior Citizen Courses Act is amended by

changing Section 1 as follows:

(110 ILCS 990/1) (from Ch. 144, par. 1801)

Sec. 1. Definitions. For the purposes of this Act:

(a) "Public institutions of higher education" means the

University of Illinois, Southern Illinois University, Chicago

State University, Eastern Illinois University, Governors State

University, Illinois State University, Northeastern Illinois

University, Northern Illinois University, Western Illinois

University, and the public community colleges subject to the

"Public Community College Act".

(b) "Credit Course" means any program of study for which

public institutions of higher education award credit hours.

(c) "Senior citizen" means any person 65 years or older

whose annual household income is less than the threshold amount

provided in Section 4 of the "Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act",

approved July 17, 1972, as amended.

(Source: P.A. 97-689, eff. 6-14-12.)

Section 480. The Illinois Banking Act is amended by

changing Section 48.1 as follows:

(205 ILCS 5/48.1) (from Ch. 17, par. 360)

Sec. 48.1. Customer financial records; confidentiality.

(a) For the purpose of this Section, the term "financial

records" means any original, any copy, or any summary of:

(1) a document granting signature authority over a

deposit or account;

(2) a statement, ledger card or other record on any

deposit or account, which shows each transaction in or with

respect to that account;

(3) a check, draft or money order drawn on a bank or

issued and payable by a bank; or

(4) any other item containing information pertaining

to any relationship established in the ordinary course of a

bank's business between a bank and its customer, including

financial statements or other financial information

provided by the customer.

(b) This Section does not prohibit:

(1) The preparation, examination, handling or

maintenance of any financial records by any officer,

employee or agent of a bank having custody of the records,

or the examination of the records by a certified public

accountant engaged by the bank to perform an independent

audit.

(2) The examination of any financial records by, or the

furnishing of financial records by a bank to, any officer,

employee or agent of (i) the Commissioner of Banks and Real

Estate, (ii) after May 31, 1997, a state regulatory

authority authorized to examine a branch of a State bank

located in another state, (iii) the Comptroller of the

Currency, (iv) the Federal Reserve Board, or (v) the

Federal Deposit Insurance Corporation for use solely in the

exercise of his duties as an officer, employee, or agent.

(3) The publication of data furnished from financial

records relating to customers where the data cannot be

identified to any particular customer or account.

(4) The making of reports or returns required under

Chapter 61 of the Internal Revenue Code of 1986.

(5) Furnishing information concerning the dishonor of

any negotiable instrument permitted to be disclosed under

the Uniform Commercial Code.

(6) The exchange in the regular course of business of

(i) credit information between a bank and other banks or

financial institutions or commercial enterprises, directly

or through a consumer reporting agency or (ii) financial

records or information derived from financial records

between a bank and other banks or financial institutions or

commercial enterprises for the purpose of conducting due

diligence pursuant to a purchase or sale involving the bank

or assets or liabilities of the bank.

(7) The furnishing of information to the appropriate

law enforcement authorities where the bank reasonably

believes it has been the victim of a crime.

(8) The furnishing of information under the Uniform

Disposition of Unclaimed Property Act.

(9) The furnishing of information under the Illinois

Income Tax Act and the Illinois Estate and

Generation-Skipping Transfer Tax Act.

(10) The furnishing of information under the federal

Currency and Foreign Transactions Reporting Act Title 31,

United States Code, Section 1051 et seq.

(11) The furnishing of information under any other

statute that by its terms or by regulations promulgated

thereunder requires the disclosure of financial records

other than by subpoena, summons, warrant, or court order.

(12) The furnishing of information about the existence

of an account of a person to a judgment creditor of that

person who has made a written request for that information.

(13) The exchange in the regular course of business of

information between commonly owned banks in connection

with a transaction authorized under paragraph (23) of

Section 5 and conducted at an affiliate facility.

(14) The furnishing of information in accordance with

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. Any bank governed by this Act

shall enter into an agreement for data exchanges with a

State agency provided the State agency pays to the bank a

reasonable fee not to exceed its actual cost incurred. A

bank providing information in accordance with this item

shall not be liable to any account holder or other person

for any disclosure of information to a State agency, for

encumbering or surrendering any assets held by the bank in

response to a lien or order to withhold and deliver issued

by a State agency, or for any other action taken pursuant

to this item, including individual or mechanical errors,

provided the action does not constitute gross negligence or

willful misconduct. A bank shall have no obligation to

hold, encumber, or surrender assets until it has been

served with a subpoena, summons, warrant, court or

administrative order, lien, or levy.

(15) The exchange in the regular course of business of

information between a bank and any commonly owned affiliate

of the bank, subject to the provisions of the Financial

Institutions Insurance Sales Law.

(16) The furnishing of information to law enforcement

authorities, the Illinois Department on Aging and its

regional administrative and provider agencies, the

Department of Human Services Office of Inspector General,

or public guardians: (i) upon subpoena by the investigatory

entity or the guardian, or (ii) if there is suspicion by

the bank that a customer who is an elderly person or person

with a disability or disabled person has been or may become

the victim of financial exploitation. For the purposes of

this item (16), the term: (i) "elderly person" means a

person who is 60 or more years of age, (ii) "disabled

person" means a person who has or reasonably appears to the

bank to have a physical or mental disability that impairs

his or her ability to seek or obtain protection from or

prevent financial exploitation, and (iii) "financial

exploitation" means tortious or illegal use of the assets

or resources of an elderly or disabled person, and

includes, without limitation, misappropriation of the

elderly or disabled person's assets or resources by undue

influence, breach of fiduciary relationship, intimidation,

fraud, deception, extortion, or the use of assets or

resources in any manner contrary to law. A bank or person

furnishing information pursuant to this item (16) shall be

entitled to the same rights and protections as a person

furnishing information under the Adult Protective Services

Act and the Illinois Domestic Violence Act of 1986.

(17) The disclosure of financial records or

information as necessary to effect, administer, or enforce

a transaction requested or authorized by the customer, or

in connection with:

(A) servicing or processing a financial product or

service requested or authorized by the customer;

(B) maintaining or servicing a customer's account

with the bank; or

(C) a proposed or actual securitization or

secondary market sale (including sales of servicing

rights) related to a transaction of a customer.

Nothing in this item (17), however, authorizes the sale

of the financial records or information of a customer

without the consent of the customer.

(18) The disclosure of financial records or

information as necessary to protect against actual or

potential fraud, unauthorized transactions, claims, or

other liability.

(19)(a) The disclosure of financial records or

information related to a private label credit program

between a financial institution and a private label party

in connection with that private label credit program. Such

information is limited to outstanding balance, available

credit, payment and performance and account history,

product references, purchase information, and information

related to the identity of the customer.

(b)(l) For purposes of this paragraph (19) of

subsection (b) of Section 48.1, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this paragraph (19) of subsection

(b) of Section 48.l, a "private label party" means, with

respect to a private label credit program, any of the

following: a retailer, a merchant, a manufacturer, a trade

group, or any such person's affiliate, subsidiary, member,

agent, or service provider.

(c) Except as otherwise provided by this Act, a bank may

not disclose to any person, except to the customer or his duly

authorized agent, any financial records or financial

information obtained from financial records relating to that

customer of that bank unless:

(1) the customer has authorized disclosure to the

person;

(2) the financial records are disclosed in response to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order which meets the requirements of

subsection (d) of this Section; or

(3) the bank is attempting to collect an obligation

owed to the bank and the bank complies with the provisions

of Section 2I of the Consumer Fraud and Deceptive Business

Practices Act.

(d) A bank shall disclose financial records under paragraph

(2) of subsection (c) of this Section under a lawful subpoena,

summons, warrant, citation to discover assets, or court order

only after the bank mails a copy of the subpoena, summons,

warrant, citation to discover assets, or court order to the

person establishing the relationship with the bank, if living,

and, otherwise his personal representative, if known, at his

last known address by first class mail, postage prepaid, unless

the bank is specifically prohibited from notifying the person

by order of court or by applicable State or federal law. A bank

shall not mail a copy of a subpoena to any person pursuant to

this subsection if the subpoena was issued by a grand jury

under the Statewide Grand Jury Act.

(e) Any officer or employee of a bank who knowingly and

willfully furnishes financial records in violation of this

Section is guilty of a business offense and, upon conviction,

shall be fined not more than $1,000.

(f) Any person who knowingly and willfully induces or

attempts to induce any officer or employee of a bank to

disclose financial records in violation of this Section is

guilty of a business offense and, upon conviction, shall be

fined not more than $1,000.

(g) A bank shall be reimbursed for costs that are

reasonably necessary and that have been directly incurred in

searching for, reproducing, or transporting books, papers,

records, or other data of a customer required or requested to

be produced pursuant to a lawful subpoena, summons, warrant,

citation to discover assets, or court order. The Commissioner

shall determine the rates and conditions under which payment

may be made.

(Source: P.A. 98-49, eff. 7-1-13.)

Section 485. The Savings Bank Act is amended by changing

Section 4013 as follows:

(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)

Sec. 4013. Access to books and records; communication with

members and shareholders.

(a) Every member or shareholder shall have the right to

inspect books and records of the savings bank that pertain to

his accounts. Otherwise, the right of inspection and

examination of the books and records shall be limited as

provided in this Act, and no other person shall have access to

the books and records nor shall be entitled to a list of the

members or shareholders.

(b) For the purpose of this Section, the term "financial

records" means any original, any copy, or any summary of (1) a

document granting signature authority over a deposit or

account; (2) a statement, ledger card, or other record on any

deposit or account that shows each transaction in or with

respect to that account; (3) a check, draft, or money order

drawn on a savings bank or issued and payable by a savings

bank; or (4) any other item containing information pertaining

to any relationship established in the ordinary course of a

savings bank's business between a savings bank and its

customer, including financial statements or other financial

information provided by the member or shareholder.

(c) This Section does not prohibit:

(1) The preparation examination, handling, or

maintenance of any financial records by any officer,

employee, or agent of a savings bank having custody of

records or examination of records by a certified public

accountant engaged by the savings bank to perform an

independent audit.

(2) The examination of any financial records by, or the

furnishing of financial records by a savings bank to, any

officer, employee, or agent of the Commissioner of Banks

and Real Estate or the federal depository institution

regulator for use solely in the exercise of his duties as

an officer, employee, or agent.

(3) The publication of data furnished from financial

records relating to members or holders of capital where the

data cannot be identified to any particular member,

shareholder, or account.

(4) The making of reports or returns required under

Chapter 61 of the Internal Revenue Code of 1986.

(5) Furnishing information concerning the dishonor of

any negotiable instrument permitted to be disclosed under

the Uniform Commercial Code.

(6) The exchange in the regular course of business of

(i) credit information between a savings bank and other

savings banks or financial institutions or commercial

enterprises, directly or through a consumer reporting

agency or (ii) financial records or information derived

from financial records between a savings bank and other

savings banks or financial institutions or commercial

enterprises for the purpose of conducting due diligence

pursuant to a purchase or sale involving the savings bank

or assets or liabilities of the savings bank.

(7) The furnishing of information to the appropriate

law enforcement authorities where the savings bank

reasonably believes it has been the victim of a crime.

(8) The furnishing of information pursuant to the

Uniform Disposition of Unclaimed Property Act.

(9) The furnishing of information pursuant to the

Illinois Income Tax Act and the Illinois Estate and

Generation-Skipping Transfer Tax Act.

(10) The furnishing of information pursuant to the

federal "Currency and Foreign Transactions Reporting Act",

(Title 31, United States Code, Section 1051 et seq.).

(11) The furnishing of information pursuant to any

other statute which by its terms or by regulations

promulgated thereunder requires the disclosure of

financial records other than by subpoena, summons,

warrant, or court order.

(12) The furnishing of information in accordance with

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. Any savings bank governed by

this Act shall enter into an agreement for data exchanges

with a State agency provided the State agency pays to the

savings bank a reasonable fee not to exceed its actual cost

incurred. A savings bank providing information in

accordance with this item shall not be liable to any

account holder or other person for any disclosure of

information to a State agency, for encumbering or

surrendering any assets held by the savings bank in

response to a lien or order to withhold and deliver issued

by a State agency, or for any other action taken pursuant

to this item, including individual or mechanical errors,

provided the action does not constitute gross negligence or

willful misconduct. A savings bank shall have no obligation

to hold, encumber, or surrender assets until it has been

served with a subpoena, summons, warrant, court or

administrative order, lien, or levy.

(13) The furnishing of information to law enforcement

authorities, the Illinois Department on Aging and its

regional administrative and provider agencies, the

Department of Human Services Office of Inspector General,

or public guardians: (i) upon subpoena by the investigatory

entity or the guardian, or (ii) if there is suspicion by

the savings bank that a customer who is an elderly person

or person with a disability or disabled person has been or

may become the victim of financial exploitation. For the

purposes of this item (13), the term: (i) "elderly person"

means a person who is 60 or more years of age, (ii) "person

with a disability disabled person" means a person who has

or reasonably appears to the savings bank to have a

physical or mental disability that impairs his or her

ability to seek or obtain protection from or prevent

financial exploitation, and (iii) "financial exploitation"

means tortious or illegal use of the assets or resources of

an elderly person or person with a disability or disabled

person, and includes, without limitation, misappropriation

of the elderly or disabled person's assets or resources of

the elderly person or person with a disability by undue

influence, breach of fiduciary relationship, intimidation,

fraud, deception, extortion, or the use of assets or

resources in any manner contrary to law. A savings bank or

person furnishing information pursuant to this item (13)

shall be entitled to the same rights and protections as a

person furnishing information under the Adult Protective

Services Act and the Illinois Domestic Violence Act of

1986.

(14) The disclosure of financial records or

information as necessary to effect, administer, or enforce

a transaction requested or authorized by the member or

holder of capital, or in connection with:

(A) servicing or processing a financial product or

service requested or authorized by the member or holder

of capital;

(B) maintaining or servicing an account of a member

or holder of capital with the savings bank; or

(C) a proposed or actual securitization or

secondary market sale (including sales of servicing

rights) related to a transaction of a member or holder

of capital.

Nothing in this item (14), however, authorizes the sale

of the financial records or information of a member or

holder of capital without the consent of the member or

holder of capital.

(15) The exchange in the regular course of business of

information between a savings bank and any commonly owned

affiliate of the savings bank, subject to the provisions of

the Financial Institutions Insurance Sales Law.

(16) The disclosure of financial records or

information as necessary to protect against or prevent

actual or potential fraud, unauthorized transactions,

claims, or other liability.

(17)(a) The disclosure of financial records or

information related to a private label credit program

between a financial institution and a private label party

in connection with that private label credit program. Such

information is limited to outstanding balance, available

credit, payment and performance and account history,

product references, purchase information, and information

related to the identity of the customer.

(b)(l) For purposes of this paragraph (17) of

subsection (c) of Section 4013, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this paragraph (17) of subsection

(c) of Section 4013, a "private label party" means, with

respect to a private label credit program, any of the

following: a retailer, a merchant, a manufacturer, a trade

group, or any such person's affiliate, subsidiary, member,

agent, or service provider.

(d) A savings bank may not disclose to any person, except

to the member or holder of capital or his duly authorized

agent, any financial records relating to that member or

shareholder of the savings bank unless:

(1) the member or shareholder has authorized

disclosure to the person; or

(2) the financial records are disclosed in response to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order that meets the requirements of

subsection (e) of this Section.

(e) A savings bank shall disclose financial records under

subsection (d) of this Section pursuant to a lawful subpoena,

summons, warrant, citation to discover assets, or court order

only after the savings bank mails a copy of the subpoena,

summons, warrant, citation to discover assets, or court order

to the person establishing the relationship with the savings

bank, if living, and otherwise, his personal representative, if

known, at his last known address by first class mail, postage

prepaid, unless the savings bank is specifically prohibited

from notifying the person by order of court.

(f) Any officer or employee of a savings bank who knowingly

and willfully furnishes financial records in violation of this

Section is guilty of a business offense and, upon conviction,

shall be fined not more than $1,000.

(g) Any person who knowingly and willfully induces or

attempts to induce any officer or employee of a savings bank to

disclose financial records in violation of this Section is

guilty of a business offense and, upon conviction, shall be

fined not more than $1,000.

(h) If any member or shareholder desires to communicate

with the other members or shareholders of the savings bank with

reference to any question pending or to be presented at an

annual or special meeting, the savings bank shall give that

person, upon request, a statement of the approximate number of

members or shareholders entitled to vote at the meeting and an

estimate of the cost of preparing and mailing the

communication. The requesting member shall submit the

communication to the Commissioner who, upon finding it to be

appropriate and truthful, shall direct that it be prepared and

mailed to the members upon the requesting member's or

shareholder's payment or adequate provision for payment of the

expenses of preparation and mailing.

(i) A savings bank shall be reimbursed for costs that are

necessary and that have been directly incurred in searching

for, reproducing, or transporting books, papers, records, or

other data of a customer required to be reproduced pursuant to

a lawful subpoena, warrant, citation to discover assets, or

court order.

(j) Notwithstanding the provisions of this Section, a

savings bank may sell or otherwise make use of lists of

customers' names and addresses. All other information

regarding a customer's account are subject to the disclosure

provisions of this Section. At the request of any customer,

that customer's name and address shall be deleted from any list

that is to be sold or used in any other manner beyond

identification of the customer's accounts.

(Source: P.A. 98-49, eff. 7-1-13.)

Section 490. The Illinois Credit Union Act is amended by

changing Section 10 as follows:

(205 ILCS 305/10) (from Ch. 17, par. 4411)

Sec. 10. Credit union records; member financial records.

(1) A credit union shall establish and maintain books,

records, accounting systems and procedures which accurately

reflect its operations and which enable the Department to

readily ascertain the true financial condition of the credit

union and whether it is complying with this Act.

(2) A photostatic or photographic reproduction of any

credit union records shall be admissible as evidence of

transactions with the credit union.

(3)(a) For the purpose of this Section, the term "financial

records" means any original, any copy, or any summary of (1) a

document granting signature authority over an account, (2) a

statement, ledger card or other record on any account which

shows each transaction in or with respect to that account, (3)

a check, draft or money order drawn on a financial institution

or other entity or issued and payable by or through a financial

institution or other entity, or (4) any other item containing

information pertaining to any relationship established in the

ordinary course of business between a credit union and its

member, including financial statements or other financial

information provided by the member.

(b) This Section does not prohibit:

(1) The preparation, examination, handling or

maintenance of any financial records by any officer,

employee or agent of a credit union having custody of such

records, or the examination of such records by a certified

public accountant engaged by the credit union to perform an

independent audit.

(2) The examination of any financial records by or the

furnishing of financial records by a credit union to any

officer, employee or agent of the Department, the National

Credit Union Administration, Federal Reserve board or any

insurer of share accounts for use solely in the exercise of

his duties as an officer, employee or agent.

(3) The publication of data furnished from financial

records relating to members where the data cannot be

identified to any particular customer of account.

(4) The making of reports or returns required under

Chapter 61 of the Internal Revenue Code of 1954.

(5) Furnishing information concerning the dishonor of

any negotiable instrument permitted to be disclosed under

the Uniform Commercial Code.

(6) The exchange in the regular course of business of

(i) credit information between a credit union and other

credit unions or financial institutions or commercial

enterprises, directly or through a consumer reporting

agency or (ii) financial records or information derived

from financial records between a credit union and other

credit unions or financial institutions or commercial

enterprises for the purpose of conducting due diligence

pursuant to a merger or a purchase or sale of assets or

liabilities of the credit union.

(7) The furnishing of information to the appropriate

law enforcement authorities where the credit union

reasonably believes it has been the victim of a crime.

(8) The furnishing of information pursuant to the

Uniform Disposition of Unclaimed Property Act.

(9) The furnishing of information pursuant to the

Illinois Income Tax Act and the Illinois Estate and

Generation-Skipping Transfer Tax Act.

(10) The furnishing of information pursuant to the

federal "Currency and Foreign Transactions Reporting Act",

Title 31, United States Code, Section 1051 et sequentia.

(11) The furnishing of information pursuant to any

other statute which by its terms or by regulations

promulgated thereunder requires the disclosure of

financial records other than by subpoena, summons, warrant

or court order.

(12) The furnishing of information in accordance with

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. Any credit union governed by

this Act shall enter into an agreement for data exchanges

with a State agency provided the State agency pays to the

credit union a reasonable fee not to exceed its actual cost

incurred. A credit union providing information in

accordance with this item shall not be liable to any

account holder or other person for any disclosure of

information to a State agency, for encumbering or

surrendering any assets held by the credit union in

response to a lien or order to withhold and deliver issued

by a State agency, or for any other action taken pursuant

to this item, including individual or mechanical errors,

provided the action does not constitute gross negligence or

willful misconduct. A credit union shall have no obligation

to hold, encumber, or surrender assets until it has been

served with a subpoena, summons, warrant, court or

administrative order, lien, or levy.

(13) The furnishing of information to law enforcement

authorities, the Illinois Department on Aging and its

regional administrative and provider agencies, the

Department of Human Services Office of Inspector General,

or public guardians: (i) upon subpoena by the investigatory

entity or the guardian, or (ii) if there is suspicion by

the credit union that a member who is an elderly person or

person with a disability or disabled person has been or may

become the victim of financial exploitation. For the

purposes of this item (13), the term: (i) "elderly person"

means a person who is 60 or more years of age, (ii) "person

with a disability" "disabled person" means a person who has

or reasonably appears to the credit union to have a

physical or mental disability that impairs his or her

ability to seek or obtain protection from or prevent

financial exploitation, and (iii) "financial exploitation"

means tortious or illegal use of the assets or resources of

an elderly person or person with a disability or disabled

person, and includes, without limitation, misappropriation

of the elderly or disabled person's assets or resources by

undue influence, breach of fiduciary relationship,

intimidation, fraud, deception, extortion, or the use of

assets or resources in any manner contrary to law. A credit

union or person furnishing information pursuant to this

item (13) shall be entitled to the same rights and

protections as a person furnishing information under the

Adult Protective Services Act and the Illinois Domestic

Violence Act of 1986.

(14) The disclosure of financial records or

information as necessary to effect, administer, or enforce

a transaction requested or authorized by the member, or in

connection with:

(A) servicing or processing a financial product or

service requested or authorized by the member;

(B) maintaining or servicing a member's account

with the credit union; or

(C) a proposed or actual securitization or

secondary market sale (including sales of servicing

rights) related to a transaction of a member.

Nothing in this item (14), however, authorizes the sale

of the financial records or information of a member without

the consent of the member.

(15) The disclosure of financial records or

information as necessary to protect against or prevent

actual or potential fraud, unauthorized transactions,

claims, or other liability.

(16)(a) The disclosure of financial records or

information related to a private label credit program

between a financial institution and a private label party

in connection with that private label credit program. Such

information is limited to outstanding balance, available

credit, payment and performance and account history,

product references, purchase information, and information

related to the identity of the customer.

(b)(l) For purposes of this paragraph (16) of

subsection (b) of Section 10, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this paragraph (16) of subsection

(b) of Section 10, a "private label party" means, with

respect to a private label credit program, any of the

following: a retailer, a merchant, a manufacturer, a trade

group, or any such person's affiliate, subsidiary, member,

agent, or service provider.

(c) Except as otherwise provided by this Act, a credit

union may not disclose to any person, except to the member or

his duly authorized agent, any financial records relating to

that member of the credit union unless:

(1) the member has authorized disclosure to the person;

(2) the financial records are disclosed in response to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order that meets the requirements of

subparagraph (d) of this Section; or

(3) the credit union is attempting to collect an

obligation owed to the credit union and the credit union

complies with the provisions of Section 2I of the Consumer

Fraud and Deceptive Business Practices Act.

(d) A credit union shall disclose financial records under

subparagraph (c)(2) of this Section pursuant to a lawful

subpoena, summons, warrant, citation to discover assets, or

court order only after the credit union mails a copy of the

subpoena, summons, warrant, citation to discover assets, or

court order to the person establishing the relationship with

the credit union, if living, and otherwise his personal

representative, if known, at his last known address by first

class mail, postage prepaid unless the credit union is

specifically prohibited from notifying the person by order of

court or by applicable State or federal law. In the case of a

grand jury subpoena, a credit union shall not mail a copy of a

subpoena to any person pursuant to this subsection if the

subpoena was issued by a grand jury under the Statewide Grand

Jury Act or notifying the person would constitute a violation

of the federal Right to Financial Privacy Act of 1978.

(e)(1) Any officer or employee of a credit union who

knowingly and wilfully furnishes financial records in

violation of this Section is guilty of a business offense and

upon conviction thereof shall be fined not more than $1,000.

(2) Any person who knowingly and wilfully induces or

attempts to induce any officer or employee of a credit union to

disclose financial records in violation of this Section is

guilty of a business offense and upon conviction thereof shall

be fined not more than $1,000.

(f) A credit union shall be reimbursed for costs which are

reasonably necessary and which have been directly incurred in

searching for, reproducing or transporting books, papers,

records or other data of a member required or requested to be

produced pursuant to a lawful subpoena, summons, warrant,

citation to discover assets, or court order. The Secretary and

the Director may determine, by rule, the rates and conditions

under which payment shall be made. Delivery of requested

documents may be delayed until final reimbursement of all costs

is received.

(Source: P.A. 97-133, eff. 1-1-12; 98-49, eff. 7-1-13.)

Section 495. The Assisted Living and Shared Housing Act is

amended by changing Section 75 as follows:

(210 ILCS 9/75)

Sec. 75. Residency Requirements.

(a) No individual shall be accepted for residency or remain

in residence if the establishment cannot provide or secure

appropriate services, if the individual requires a level of

service or type of service for which the establishment is not

licensed or which the establishment does not provide, or if the

establishment does not have the staff appropriate in numbers

and with appropriate skill to provide such services.

(b) Only adults may be accepted for residency.

(c) A person shall not be accepted for residency if:

(1) the person poses a serious threat to himself or

herself or to others;

(2) the person is not able to communicate his or her

needs and no resident representative residing in the

establishment, and with a prior relationship to the person,

has been appointed to direct the provision of services;

(3) the person requires total assistance with 2 or more

activities of daily living;

(4) the person requires the assistance of more than one

paid caregiver at any given time with an activity of daily

living;

(5) the person requires more than minimal assistance in

moving to a safe area in an emergency;

(6) the person has a severe mental illness, which for

the purposes of this Section means a condition that is

characterized by the presence of a major mental disorder as

classified in the Diagnostic and Statistical Manual of

Mental Disorders, Fourth Edition (DSM-IV) (American

Psychiatric Association, 1994), where the individual is a

person with a substantial disability substantially

disabled due to mental illness in the areas of

self-maintenance, social functioning, activities of

community living and work skills, and the disability

specified is expected to be present for a period of not

less than one year, but does not mean Alzheimer's disease

and other forms of dementia based on organic or physical

disorders;

(7) the person requires intravenous therapy or

intravenous feedings unless self-administered or

administered by a qualified, licensed health care

professional;

(8) the person requires gastrostomy feedings unless

self-administered or administered by a licensed health

care professional;

(9) the person requires insertion, sterile irrigation,

and replacement of catheter, except for routine

maintenance of urinary catheters, unless the catheter care

is self-administered or administered by a licensed health

care professional;

(10) the person requires sterile wound care unless care

is self-administered or administered by a licensed health

care professional;

(11) the person requires sliding scale insulin

administration unless self-performed or administered by a

licensed health care professional;

(12) the person is a diabetic requiring routine insulin

injections unless the injections are self-administered or

administered by a licensed health care professional;

(13) the person requires treatment of stage 3 or stage

4 decubitus ulcers or exfoliative dermatitis;

(14) the person requires 5 or more skilled nursing

visits per week for conditions other than those listed in

items (13) and (15) of this subsection for a period of 3

consecutive weeks or more except when the course of

treatment is expected to extend beyond a 3 week period for

rehabilitative purposes and is certified as temporary by a

physician; or

(15) other reasons prescribed by the Department by

rule.

(d) A resident with a condition listed in items (1) through

(15) of subsection (c) shall have his or her residency

terminated.

(e) Residency shall be terminated when services available

to the resident in the establishment are no longer adequate to

meet the needs of the resident. This provision shall not be

interpreted as limiting the authority of the Department to

require the residency termination of individuals.

(f) Subsection (d) of this Section shall not apply to

terminally ill residents who receive or would qualify for

hospice care and such care is coordinated by a hospice program

licensed under the Hospice Program Licensing Act or other

licensed health care professional employed by a licensed home

health agency and the establishment and all parties agree to

the continued residency.

(g) Items (3), (4), (5), and (9) of subsection (c) shall

not apply to a quadriplegic, paraplegic, or individual with

neuro-muscular diseases, such as muscular dystrophy and

multiple sclerosis, or other chronic diseases and conditions as

defined by rule if the individual is able to communicate his or

her needs and does not require assistance with complex medical

problems, and the establishment is able to accommodate the

individual's needs. The Department shall prescribe rules

pursuant to this Section that address special safety and

service needs of these individuals.

(h) For the purposes of items (7) through (10) of

subsection (c), a licensed health care professional may not be

employed by the owner or operator of the establishment, its

parent entity, or any other entity with ownership common to

either the owner or operator of the establishment or parent

entity, including but not limited to an affiliate of the owner

or operator of the establishment. Nothing in this Section is

meant to limit a resident's right to choose his or her health

care provider.

(i) Subsection (h) is not applicable to residents admitted

to an assisted living establishment under a life care contract

as defined in the Life Care Facilities Act if the life care

facility has both an assisted living establishment and a

skilled nursing facility. A licensed health care professional

providing health-related or supportive services at a life care

assisted living or shared housing establishment must be

employed by an entity licensed by the Department under the

Nursing Home Care Act or the Home Health, Home Services, and

Home Nursing Agency Licensing Act.

(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05;

95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)

Section 500. The Abused and Neglected Long Term Care

Facility Residents Reporting Act is amended by changing Section

6 as follows:

(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)

Sec. 6. All reports of suspected abuse or neglect made

under this Act shall be made immediately by telephone to the

Department's central register established under Section 14 on

the single, State-wide, toll-free telephone number established

under Section 13, or in person or by telephone through the

nearest Department office. No long term care facility

administrator, agent or employee, or any other person, shall

screen reports or otherwise withhold any reports from the

Department, and no long term care facility, department of State

government, or other agency shall establish any rules,

criteria, standards or guidelines to the contrary. Every long

term care facility, department of State government and other

agency whose employees are required to make or cause to be made

reports under Section 4 shall notify its employees of the

provisions of that Section and of this Section, and provide to

the Department documentation that such notification has been

given. The Department of Human Services shall train all of its

mental health and developmental disabilities employees in the

detection and reporting of suspected abuse and neglect of

residents. Reports made to the central register through the

State-wide, toll-free telephone number shall be transmitted to

appropriate Department offices and municipal health

departments that have responsibility for licensing long term

care facilities under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

ID/DD Community Care Act. All reports received through offices

of the Department shall be forwarded to the central register,

in a manner and form described by the Department. The

Department shall be capable of receiving reports of suspected

abuse and neglect 24 hours a day, 7 days a week. Reports shall

also be made in writing deposited in the U.S. mail, postage

prepaid, within 24 hours after having reasonable cause to

believe that the condition of the resident resulted from abuse

or neglect. Such reports may in addition be made to the local

law enforcement agency in the same manner. However, in the

event a report is made to the local law enforcement agency, the

reporter also shall immediately so inform the Department. The

Department shall initiate an investigation of each report of

resident abuse and neglect under this Act, whether oral or

written, as provided for in Section 3-702 of the Nursing Home

Care Act, Section 2-208 of the Specialized Mental Health

Rehabilitation Act of 2013, or Section 3-702 of the ID/DD

Community Care Act, except that reports of abuse which indicate

that a resident's life or safety is in imminent danger shall be

investigated within 24 hours of such report. The Department may

delegate to law enforcement officials or other public agencies

the duty to perform such investigation.

With respect to investigations of reports of suspected

abuse or neglect of residents of mental health and

developmental disabilities institutions under the jurisdiction

of the Department of Human Services, the Department shall

transmit copies of such reports to the Department of State

Police, the Department of Human Services, and the Inspector

General appointed under Section 1-17 of the Department of Human

Services Act. If the Department receives a report of suspected

abuse or neglect of a recipient of services as defined in

Section 1-123 of the Mental Health and Developmental

Disabilities Code, the Department shall transmit copies of such

report to the Inspector General and the Directors of the

Guardianship and Advocacy Commission and the agency designated

by the Governor pursuant to the Protection and Advocacy for

Persons with Developmental Disabilities Developmentally

Disabled Persons Act. When requested by the Director of the

Guardianship and Advocacy Commission, the agency designated by

the Governor pursuant to the Protection and Advocacy for

Persons with Developmental Disabilities Developmentally

Disabled Persons Act, or the Department of Financial and

Professional Regulation, the Department, the Department of

Human Services and the Department of State Police shall make

available a copy of the final investigative report regarding

investigations conducted by their respective agencies on

incidents of suspected abuse or neglect of residents of mental

health and developmental disabilities institutions or

individuals receiving services at community agencies under the

jurisdiction of the Department of Human Services. Such final

investigative report shall not contain witness statements,

investigation notes, draft summaries, results of lie detector

tests, investigative files or other raw data which was used to

compile the final investigative report. Specifically, the

final investigative report of the Department of State Police

shall mean the Director's final transmittal letter. The

Department of Human Services shall also make available a copy

of the results of disciplinary proceedings of employees

involved in incidents of abuse or neglect to the Directors. All

identifiable information in reports provided shall not be

further disclosed except as provided by the Mental Health and

Developmental Disabilities Confidentiality Act. Nothing in

this Section is intended to limit or construe the power or

authority granted to the agency designated by the Governor

pursuant to the Protection and Advocacy for Persons with

Developmental Disabilities Developmentally Disabled Persons

Act, pursuant to any other State or federal statute.

With respect to investigations of reported resident abuse

or neglect, the Department shall effect with appropriate law

enforcement agencies formal agreements concerning methods and

procedures for the conduct of investigations into the criminal

histories of any administrator, staff assistant or employee of

the nursing home or other person responsible for the residents

care, as well as for other residents in the nursing home who

may be in a position to abuse, neglect or exploit the patient.

Pursuant to the formal agreements entered into with appropriate

law enforcement agencies, the Department may request

information with respect to whether the person or persons set

forth in this paragraph have ever been charged with a crime and

if so, the disposition of those charges. Unless the criminal

histories of the subjects involved crimes of violence or

resident abuse or neglect, the Department shall be entitled

only to information limited in scope to charges and their

dispositions. In cases where prior crimes of violence or

resident abuse or neglect are involved, a more detailed report

can be made available to authorized representatives of the

Department, pursuant to the agreements entered into with

appropriate law enforcement agencies. Any criminal charges and

their disposition information obtained by the Department shall

be confidential and may not be transmitted outside the

Department, except as required herein, to authorized

representatives or delegates of the Department, and may not be

transmitted to anyone within the Department who is not duly

authorized to handle resident abuse or neglect investigations.

The Department shall effect formal agreements with

appropriate law enforcement agencies in the various counties

and communities to encourage cooperation and coordination in

the handling of resident abuse or neglect cases pursuant to

this Act. The Department shall adopt and implement methods and

procedures to promote statewide uniformity in the handling of

reports of abuse and neglect under this Act, and those methods

and procedures shall be adhered to by personnel of the

Department involved in such investigations and reporting. The

Department shall also make information required by this Act

available to authorized personnel within the Department, as

well as its authorized representatives.

The Department shall keep a continuing record of all

reports made pursuant to this Act, including indications of the

final determination of any investigation and the final

disposition of all reports.

The Department shall report annually to the General

Assembly on the incidence of abuse and neglect of long term

care facility residents, with special attention to residents

who are persons with mental disabilities mentally disabled. The

report shall include but not be limited to data on the number

and source of reports of suspected abuse or neglect filed under

this Act, the nature of any injuries to residents, the final

determination of investigations, the type and number of cases

where abuse or neglect is determined to exist, and the final

disposition of cases.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 98-104, eff. 7-22-13.)

Section 505. The Nursing Home Care Act is amended by

changing Sections 2-202, 3-807, and 3A-101 as follows:

(210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)

Sec. 2-202. (a) Before a person is admitted to a facility,

or at the expiration of the period of previous contract, or

when the source of payment for the resident's care changes from

private to public funds or from public to private funds, a

written contract shall be executed between a licensee and the

following in order of priority:

(1) the person, or if the person is a minor, his parent

or guardian; or

(2) the person's guardian, if any, or agent, if any, as

defined in Section 2-3 of the Illinois Power of Attorney

Act; or

(3) a member of the person's immediate family.

An adult person shall be presumed to have the capacity to

contract for admission to a long term care facility unless he

has been adjudicated a "person with a disability disabled

person" within the meaning of Section 11a-2 of the Probate Act

of 1975, or unless a petition for such an adjudication is

pending in a circuit court of Illinois.

If there is no guardian, agent or member of the person's

immediate family available, able or willing to execute the

contract required by this Section and a physician determines

that a person is so disabled as to be unable to consent to

placement in a facility, or if a person has already been found

to be a "person with a disability disabled person", but no

order has been entered allowing residential placement of the

person, that person may be admitted to a facility before the

execution of a contract required by this Section; provided that

a petition for guardianship or for modification of guardianship

is filed within 15 days of the person's admission to a

facility, and provided further that such a contract is executed

within 10 days of the disposition of the petition.

No adult shall be admitted to a facility if he objects,

orally or in writing, to such admission, except as otherwise

provided in Chapters III and IV of the Mental Health and

Developmental Disabilities Code or Section 11a-14.1 of the

Probate Act of 1975.

If a person has not executed a contract as required by this

Section, then such a contract shall be executed on or before

July 1, 1981, or within 10 days after the disposition of a

petition for guardianship or modification of guardianship that

was filed prior to July 1, 1981, whichever is later.

Before a licensee enters a contract under this Section, it

shall provide the prospective resident and his or her guardian,

if any, with written notice of the licensee's policy regarding

discharge of a resident whose private funds for payment of care

are exhausted.

Before a licensee enters into a contract under this

Section, it shall provide the resident or prospective resident

and his or her guardian, if any, with a copy of the licensee's

policy regarding the assignment of Social Security

representative payee status as a condition of the contract when

the resident's or prospective resident's care is being funded

under Title XIX of the Social Security Act and Article V of the

Illinois Public Aid Code.

(b) A resident shall not be discharged or transferred at

the expiration of the term of a contract, except as provided in

Sections 3-401 through 3-423.

(c) At the time of the resident's admission to the

facility, a copy of the contract shall be given to the

resident, his guardian, if any, and any other person who

executed the contract.

(d) A copy of the contract for a resident who is supported

by nonpublic funds other than the resident's own funds shall be

made available to the person providing the funds for the

resident's support.

(e) The original or a copy of the contract shall be

maintained in the facility and be made available upon request

to representatives of the Department and the Department of

Healthcare and Family Services.

(f) The contract shall be written in clear and unambiguous

language and shall be printed in not less than 12-point type.

The general form of the contract shall be prescribed by the

Department.

(g) The contract shall specify:

(1) the term of the contract;

(2) the services to be provided under the contract and

the charges for the services;

(3) the services that may be provided to supplement the

contract and the charges for the services;

(4) the sources liable for payments due under the

contract;

(5) the amount of deposit paid; and

(6) the rights, duties and obligations of the resident,

except that the specification of a resident's rights may be

furnished on a separate document which complies with the

requirements of Section 2-211.

(h) The contract shall designate the name of the resident's

representative, if any. The resident shall provide the facility

with a copy of the written agreement between the resident and

the resident's representative which authorizes the resident's

representative to inspect and copy the resident's records and

authorizes the resident's representative to execute the

contract on behalf of the resident required by this Section.

(i) The contract shall provide that if the resident is

compelled by a change in physical or mental health to leave the

facility, the contract and all obligations under it shall

terminate on 7 days notice. No prior notice of termination of

the contract shall be required, however, in the case of a

resident's death. The contract shall also provide that in all

other situations, a resident may terminate the contract and all

obligations under it with 30 days notice. All charges shall be

prorated as of the date on which the contract terminates, and,

if any payments have been made in advance, the excess shall be

refunded to the resident. This provision shall not apply to

life-care contracts through which a facility agrees to provide

maintenance and care for a resident throughout the remainder of

his life nor to continuing-care contracts through which a

facility agrees to supplement all available forms of financial

support in providing maintenance and care for a resident

throughout the remainder of his life.

(j) In addition to all other contract specifications

contained in this Section admission contracts shall also

specify:

(1) whether the facility accepts Medicaid clients;

(2) whether the facility requires a deposit of the

resident or his family prior to the establishment of

Medicaid eligibility;

(3) in the event that a deposit is required, a clear

and concise statement of the procedure to be followed for

the return of such deposit to the resident or the

appropriate family member or guardian of the person;

(4) that all deposits made to a facility by a resident,

or on behalf of a resident, shall be returned by the

facility within 30 days of the establishment of Medicaid

eligibility, unless such deposits must be drawn upon or

encumbered in accordance with Medicaid eligibility

requirements established by the Department of Healthcare

and Family Services.

(k) It shall be a business offense for a facility to

knowingly and intentionally both retain a resident's deposit

and accept Medicaid payments on behalf of that resident.

(Source: P.A. 98-104, eff. 7-22-13.)

(210 ILCS 45/3-807)

Sec. 3-807. Review of shelter care licensure standards. On

or before March 1, 1994, the Department shall submit to the

Governor and the General Assembly a report concerning the

necessity of revising the current statutory and regulatory

standards of licensure under the category of shelter care. The

Department shall conduct a review of those standards for that

category, taking into consideration the Department on Aging's

report on board and care homes prepared pursuant to Section

4.02a of the Illinois Act on the Aging. The Department's report

shall include recommendations for statutory or regulatory

changes necessary to address the regulation of facilities

providing room, board, and personal care to older persons and

persons with disabilities disabled persons.

(Source: P.A. 88-252.)

(210 ILCS 45/3A-101)

Sec. 3A-101. Cooperative arrangements. Not later than June

30, 1996, the Department shall enter into one or more

cooperative arrangements with the Illinois Department of

Public Aid, the Department on Aging, the Office of the State

Fire Marshal, and any other appropriate entity for the purpose

of developing a single survey for nursing facilities, including

but not limited to facilities funded under Title XVIII or Title

XIX of the federal Social Security Act, or both, which shall be

administered and conducted solely by the Department. The

Departments shall test the single survey process on a pilot

basis, with both the Departments of Public Aid and Public

Health represented on the consolidated survey team. The pilot

will sunset June 30, 1997. After June 30, 1997, unless

otherwise determined by the Governor, a single survey shall be

implemented by the Department of Public Health which would not

preclude staff from the Department of Healthcare and Family

Services (formerly Department of Public Aid) from going on-site

to nursing facilities to perform necessary audits and reviews

which shall not replicate the single State agency survey

required by this Act. This Article shall not apply to community

or intermediate care facilities for persons with developmental

disabilities the developmentally disabled.

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

Section 510. The ID/DD Community Care Act is amended by

changing Sections 1-101.05, 1-113, and 2-202 as follows:

(210 ILCS 47/1-101.05)

Sec. 1-101.05. Prior law.

(a) This Act provides for licensure of intermediate care

facilities for persons with developmental disabilities the

developmentally disabled and long-term care for under age 22

facilities under this Act instead of under the Nursing Home

Care Act. On and after the effective date of this Act, those

facilities shall be governed by this Act instead of the Nursing

Home Care Act.

(b) If any other Act of the General Assembly changes, adds,

or repeals a provision of the Nursing Home Care Act that is the

same as or substantially similar to a provision of this Act,

then that change, addition, or repeal in the Nursing Home Care

Act shall be construed together with this Act until July 1,

2010 and not thereafter.

(c) Nothing in this Act affects the validity or effect of

any finding, decision, or action made or taken by the

Department or the Director under the Nursing Home Care Act

before the effective date of this Act with respect to a

facility subject to licensure under this Act. That finding,

decision, or action shall continue to apply to the facility on

and after the effective date of this Act. Any finding,

decision, or action with respect to the facility made or taken

on or after the effective date of this Act shall be made or

taken as provided in this Act.

(Source: P.A. 96-339, eff. 7-1-10; 96-1187, eff. 7-22-10.)

(210 ILCS 47/1-113)

Sec. 1-113. Facility. "ID/DD facility" or "facility" means

an intermediate care facility for persons with developmental

disabilities the developmentally disabled or a long-term care

for under age 22 facility, whether operated for profit or not,

which provides, through its ownership or management, personal

care or nursing for 3 or more persons not related to the

applicant or owner by blood or marriage. It includes

intermediate care facilities for the intellectually disabled

as the term is defined in Title XVIII and Title XIX of the

federal Social Security Act.

"Facility" does not include the following:

(1) A home, institution, or other place operated by the

federal government or agency thereof, or by the State of

Illinois, other than homes, institutions, or other places

operated by or under the authority of the Illinois

Department of Veterans' Affairs;

(2) A hospital, sanitarium, or other institution whose

principal activity or business is the diagnosis, care, and

treatment of human illness through the maintenance and

operation as organized facilities therefore, which is

required to be licensed under the Hospital Licensing Act;

(3) Any "facility for child care" as defined in the

Child Care Act of 1969;

(4) Any "community living facility" as defined in the

Community Living Facilities Licensing Act;

(5) Any "community residential alternative" as defined

in the Community Residential Alternatives Licensing Act;

(6) Any nursing home or sanatorium operated solely by

and for persons who rely exclusively upon treatment by

spiritual means through prayer, in accordance with the

creed or tenets of any well recognized church or religious

denomination. However, such nursing home or sanatorium

shall comply with all local laws and rules relating to

sanitation and safety;

(7) Any facility licensed by the Department of Human

Services as a community-integrated living arrangement as

defined in the Community-Integrated Living Arrangements

Licensure and Certification Act;

(8) Any "supportive residence" licensed under the

Supportive Residences Licensing Act;

(9) Any "supportive living facility" in good standing

with the program established under Section 5-5.01a of the

Illinois Public Aid Code, except only for purposes of the

employment of persons in accordance with Section 3-206.01;

(10) Any assisted living or shared housing

establishment licensed under the Assisted Living and

Shared Housing Act, except only for purposes of the

employment of persons in accordance with Section 3-206.01;

(11) An Alzheimer's disease management center

alternative health care model licensed under the

Alternative Health Care Delivery Act; or

(12) A home, institution, or other place operated by or

under the authority of the Illinois Department of Veterans'

Affairs.

(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;

97-227, eff. 1-1-12.)

(210 ILCS 47/2-202)

Sec. 2-202. Contract required.

(a) Before a person is admitted to a facility, or at the

expiration of the period of previous contract, or when the

source of payment for the resident's care changes from private

to public funds or from public to private funds, a written

contract shall be executed between a licensee and the following

in order of priority:

(1) the person, or if the person is a minor, his parent

or guardian; or

(2) the person's guardian, if any, or agent, if any, as

defined in Section 2-3 of the Illinois Power of Attorney

Act; or

(3) a member of the person's immediate family.

An adult person shall be presumed to have the capacity to

contract for admission to a long term care facility unless he

or she has been adjudicated a "person with a disability

disabled person" within the meaning of Section 11a-2 of the

Probate Act of 1975, or unless a petition for such an

adjudication is pending in a circuit court of Illinois.

If there is no guardian, agent or member of the person's

immediate family available, able or willing to execute the

contract required by this Section and a physician determines

that a person is so disabled as to be unable to consent to

placement in a facility, or if a person has already been found

to be a "person with a disability disabled person", but no

order has been entered allowing residential placement of the

person, that person may be admitted to a facility before the

execution of a contract required by this Section; provided that

a petition for guardianship or for modification of guardianship

is filed within 15 days of the person's admission to a

facility, and provided further that such a contract is executed

within 10 days of the disposition of the petition.

No adult shall be admitted to a facility if he or she

objects, orally or in writing, to such admission, except as

otherwise provided in Chapters III and IV of the Mental Health

and Developmental Disabilities Code or Section 11a-14.1 of the

Probate Act of 1975.

Before a licensee enters a contract under this Section, it

shall provide the prospective resident and his or her guardian,

if any, with written notice of the licensee's policy regarding

discharge of a resident whose private funds for payment of care

are exhausted.

(b) A resident shall not be discharged or transferred at

the expiration of the term of a contract, except as provided in

Sections 3-401 through 3-423.

(c) At the time of the resident's admission to the

facility, a copy of the contract shall be given to the

resident, his or her guardian, if any, and any other person who

executed the contract.

(d) A copy of the contract for a resident who is supported

by nonpublic funds other than the resident's own funds shall be

made available to the person providing the funds for the

resident's support.

(e) The original or a copy of the contract shall be

maintained in the facility and be made available upon request

to representatives of the Department and the Department of

Healthcare and Family Services.

(f) The contract shall be written in clear and unambiguous

language and shall be printed in not less than 12-point type.

The general form of the contract shall be prescribed by the

Department.

(g) The contract shall specify:

(1) the term of the contract;

(2) the services to be provided under the contract and

the charges for the services;

(3) the services that may be provided to supplement the

contract and the charges for the services;

(4) the sources liable for payments due under the

contract;

(5) the amount of deposit paid; and

(6) the rights, duties and obligations of the resident,

except that the specification of a resident's rights may be

furnished on a separate document which complies with the

requirements of Section 2-211.

(h) The contract shall designate the name of the resident's

representative, if any. The resident shall provide the facility

with a copy of the written agreement between the resident and

the resident's representative which authorizes the resident's

representative to inspect and copy the resident's records and

authorizes the resident's representative to execute the

contract on behalf of the resident required by this Section.

(i) The contract shall provide that if the resident is

compelled by a change in physical or mental health to leave the

facility, the contract and all obligations under it shall

terminate on 7 days' notice. No prior notice of termination of

the contract shall be required, however, in the case of a

resident's death. The contract shall also provide that in all

other situations, a resident may terminate the contract and all

obligations under it with 30 days' notice. All charges shall be

prorated as of the date on which the contract terminates, and,

if any payments have been made in advance, the excess shall be

refunded to the resident. This provision shall not apply to

life care contracts through which a facility agrees to provide

maintenance and care for a resident throughout the remainder of

his life nor to continuing care contracts through which a

facility agrees to supplement all available forms of financial

support in providing maintenance and care for a resident

throughout the remainder of his or her life.

(j) In addition to all other contract specifications

contained in this Section admission contracts shall also

specify:

(1) whether the facility accepts Medicaid clients;

(2) whether the facility requires a deposit of the

resident or his or her family prior to the establishment of

Medicaid eligibility;

(3) in the event that a deposit is required, a clear

and concise statement of the procedure to be followed for

the return of such deposit to the resident or the

appropriate family member or guardian of the person;

(4) that all deposits made to a facility by a resident,

or on behalf of a resident, shall be returned by the

facility within 30 days of the establishment of Medicaid

eligibility, unless such deposits must be drawn upon or

encumbered in accordance with Medicaid eligibility

requirements established by the Department of Healthcare

and Family Services.

(k) It shall be a business offense for a facility to

knowingly and intentionally both retain a resident's deposit

and accept Medicaid payments on behalf of that resident.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 515. The Supportive Residences Licensing Act is

amended by changing Section 20 as follows:

(210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)

Sec. 20. Licensing standards.

(a) The Department shall promulgate rules establishing

minimum standards for licensing and operating Supportive

Residences in municipalities with a population over 500,000. No

such municipality shall have more than 12 Supportive

Residences. These rules shall regulate the operation and

conduct of Supportive Residences and shall include but not be

limited to:

(1) development and maintenance of a case management

system by which an integrated care plan is to be created

for each resident;

(2) the training and qualifications of personnel

directly responsible for providing care to residents;

(3) provisions and criteria for admission, discharge,

and transfer of residents;

(4) provisions for residents to receive appropriate

programming and support services commensurate with their

individual needs;

(5) agreements between Supportive Residences and

hospitals or other health care providers;

(6) residents' rights and responsibilities and those

of their families and guardians;

(7) fee and other contractual agreements between

Supportive Residences and residents;

(8) medical and supportive services for residents;

(9) the safety, cleanliness, and general adequacy of

the premises, including provision for maintenance of fire

and health standards that conform to State laws and

municipal codes, to provide for the physical comfort,

well-being, care, and protection of the residents;

(10) maintenance of records and residents' rights of

access to those records; and

(11) procedures for reporting abuse or neglect of

residents.

(b) The rules shall also regulate the general financial

ability, competence, character, and qualifications of the

applicant to provide appropriate care and comply with this Act.

(c) The Department may promulgate special rules and

regulations establishing minimum standards for Supportive

Residences that permit the admission of:

(1) residents who are parents with children, whether

either or both have HIV Disease; or

(2) residents with HIV Disease who are also persons

with developmental or physical disabilities

developmentally or physically disabled.

(d) Nothing in this Act shall be construed to impair or

abridge the power of municipalities to enforce municipal zoning

or land use ordinances.

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

Section 520. The Hospital Licensing Act is amended by

changing Sections 6.09 and 6.11 as follows:

(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)

Sec. 6.09. (a) In order to facilitate the orderly

transition of aged patients and patients with disabilities and

disabled patients from hospitals to post-hospital care,

whenever a patient who qualifies for the federal Medicare

program is hospitalized, the patient shall be notified of

discharge at least 24 hours prior to discharge from the

hospital. With regard to pending discharges to a skilled

nursing facility, the hospital must notify the case

coordination unit, as defined in 89 Ill. Adm. Code 240.260, at

least 24 hours prior to discharge. When the assessment is

completed in the hospital, the case coordination unit shall

provide the discharge planner with a copy of the prescreening

information and accompanying materials, which the discharge

planner shall transmit when the patient is discharged to a

skilled nursing facility. If home health services are ordered,

the hospital must inform its designated case coordination unit,

as defined in 89 Ill. Adm. Code 240.260, of the pending

discharge and must provide the patient with the case

coordination unit's telephone number and other contact

information.

(b) Every hospital shall develop procedures for a physician

with medical staff privileges at the hospital or any

appropriate medical staff member to provide the discharge

notice prescribed in subsection (a) of this Section. The

procedures must include prohibitions against discharging or

referring a patient to any of the following if unlicensed,

uncertified, or unregistered: (i) a board and care facility, as

defined in the Board and Care Home Act; (ii) an assisted living

and shared housing establishment, as defined in the Assisted

Living and Shared Housing Act; (iii) a facility licensed under

the Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, or the ID/DD Community Care Act;

(iv) a supportive living facility, as defined in Section

5-5.01a of the Illinois Public Aid Code; or (v) a free-standing

hospice facility licensed under the Hospice Program Licensing

Act if licensure, certification, or registration is required.

The Department of Public Health shall annually provide

hospitals with a list of licensed, certified, or registered

board and care facilities, assisted living and shared housing

establishments, nursing homes, supportive living facilities,

facilities licensed under the ID/DD Community Care Act or the

Specialized Mental Health Rehabilitation Act of 2013, and

hospice facilities. Reliance upon this list by a hospital shall

satisfy compliance with this requirement. The procedure may

also include a waiver for any case in which a discharge notice

is not feasible due to a short length of stay in the hospital

by the patient, or for any case in which the patient

voluntarily desires to leave the hospital before the expiration

of the 24 hour period.

(c) At least 24 hours prior to discharge from the hospital,

the patient shall receive written information on the patient's

right to appeal the discharge pursuant to the federal Medicare

program, including the steps to follow to appeal the discharge

and the appropriate telephone number to call in case the

patient intends to appeal the discharge.

(d) Before transfer of a patient to a long term care

facility licensed under the Nursing Home Care Act where elderly

persons reside, a hospital shall as soon as practicable

initiate a name-based criminal history background check by

electronic submission to the Department of State Police for all

persons between the ages of 18 and 70 years; provided, however,

that a hospital shall be required to initiate such a background

check only with respect to patients who:

(1) are transferring to a long term care facility for

the first time;

(2) have been in the hospital more than 5 days;

(3) are reasonably expected to remain at the long term

care facility for more than 30 days;

(4) have a known history of serious mental illness or

substance abuse; and

(5) are independently ambulatory or mobile for more

than a temporary period of time.

A hospital may also request a criminal history background

check for a patient who does not meet any of the criteria set

forth in items (1) through (5).

A hospital shall notify a long term care facility if the

hospital has initiated a criminal history background check on a

patient being discharged to that facility. In all circumstances

in which the hospital is required by this subsection to

initiate the criminal history background check, the transfer to

the long term care facility may proceed regardless of the

availability of criminal history results. Upon receipt of the

results, the hospital shall promptly forward the results to the

appropriate long term care facility. If the results of the

background check are inconclusive, the hospital shall have no

additional duty or obligation to seek additional information

from, or about, the patient.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)

(210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)

Sec. 6.11. In licensing any hospital which provides for the

diagnosis, care or treatment for persons suffering from mental

or emotional disorders or for persons with intellectual

disabilities intellectually disabled persons, the Department

shall consult with the Department of Human Services in

developing standards for and evaluating the psychiatric

programs of such hospitals.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 525. The Community-Integrated Living Arrangements

Licensure and Certification Act is amended by changing the

title of the Act and Section 3 as follows:

(210 ILCS 135/Act title)

An Act in relation to community-integrated living

arrangements for the mentally ill and for persons with

developmental disabilities developmentally disabled.

(210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)

Sec. 3. As used in this Act, unless the context requires

otherwise:

(a) "Applicant" means a person, group of persons,

association, partnership or corporation that applies for a

license as a community mental health or developmental services

agency under this Act.

(b) "Community mental health or developmental services

agency" or "agency" means a public or private agency,

association, partnership, corporation or organization which,

pursuant to this Act, certifies community-integrated living

arrangements for persons with mental illness or persons with a

developmental disability.

(c) "Department" means the Department of Human Services (as

successor to the Department of Mental Health and Developmental

Disabilities).

(d) "Community-integrated living arrangement" means a

living arrangement certified by a community mental health or

developmental services agency under this Act where 8 or fewer

recipients with mental illness or recipients with a

developmental disability who reside under the supervision of

the agency. Examples of community integrated living

arrangements include but are not limited to the following:

(1) "Adult foster care", a living arrangement for

recipients in residences of families unrelated to them, for

the purpose of providing family care for the recipients on

a full-time basis;

(2) "Assisted residential care", an independent living

arrangement where recipients are intermittently supervised

by off-site staff;

(3) "Crisis residential care", a non-medical living

arrangement where recipients in need of non-medical,

crisis services are supervised by on-site staff 24 hours a

day;

(4) "Home individual programs", living arrangements

for 2 unrelated adults outside the family home;

(5) "Supported residential care", a living arrangement

where recipients are supervised by on-site staff and such

supervision is provided less than 24 hours a day;

(6) "Community residential alternatives", as defined

in the Community Residential Alternatives Licensing Act;

and

(7) "Special needs trust-supported residential care",

a living arrangement where recipients are supervised by

on-site staff and that supervision is provided 24 hours per

day or less, as dictated by the needs of the recipients,

and determined by service providers. As used in this item

(7), "special needs trust" means a trust for the benefit of

a beneficiary with a disability disabled beneficiary as

described in Section 15.1 of the Trusts and Trustees Act.

(e) "Recipient" means a person who has received, is

receiving, or is in need of treatment or habilitation as those

terms are defined in the Mental Health and Developmental

Disabilities Code.

(f) "Unrelated" means that persons residing together in

programs or placements certified by a community mental health

or developmental services agency under this Act do not have any

of the following relationships by blood, marriage or adoption:

parent, son, daughter, brother, sister, grandparent, uncle,

aunt, nephew, niece, great grandparent, great uncle, great

aunt, stepbrother, stepsister, stepson, stepdaughter,

stepparent or first cousin.

(Source: P.A. 93-274, eff. 1-1-04.)

Section 530. The Illinois Insurance Code is amended by

changing Sections 4, 143.24, 143.24a, 155.52, 236, 356b,

356z.2, 357.3, 362a, 364, 367b, 367i, 424, 500-50, and 500-60

as follows:

(215 ILCS 5/4) (from Ch. 73, par. 616)

Sec. 4. Classes of insurance. Insurance and insurance

business shall be classified as follows:

Class 1. Life, Accident and Health.

(a) Life. Insurance on the lives of persons and every

insurance appertaining thereto or connected therewith and

granting, purchasing or disposing of annuities. Policies of

life or endowment insurance or annuity contracts or contracts

supplemental thereto which contain provisions for additional

benefits in case of death by accidental means and provisions

operating to safeguard such policies or contracts against

lapse, to give a special surrender value, or special benefit,

or an annuity, in the event, that the insured or annuitant

shall become a person with a total and permanent disability

totally and permanently disabled as defined by the policy or

contract, or which contain benefits providing acceleration of

life or endowment or annuity benefits in advance of the time

they would otherwise be payable, as an indemnity for long term

care which is certified or ordered by a physician, including

but not limited to, professional nursing care, medical care

expenses, custodial nursing care, non-nursing custodial care

provided in a nursing home or at a residence of the insured, or

which contain benefits providing acceleration of life or

endowment or annuity benefits in advance of the time they would

otherwise be payable, at any time during the insured's

lifetime, as an indemnity for a terminal illness shall be

deemed to be policies of life or endowment insurance or annuity

contracts within the intent of this clause.

Also to be deemed as policies of life or endowment

insurance or annuity contracts within the intent of this clause

shall be those policies or riders that provide for the payment

of up to 75% of the face amount of benefits in advance of the

time they would otherwise be payable upon a diagnosis by a

physician licensed to practice medicine in all of its branches

that the insured has incurred a covered condition listed in the

policy or rider.

"Covered condition", as used in this clause, means: heart

attack, stroke, coronary artery surgery, life threatening

cancer, renal failure, alzheimer's disease, paraplegia, major

organ transplantation, total and permanent disability, and any

other medical condition that the Department may approve for any

particular filing.

The Director may issue rules that specify prohibited policy

provisions, not otherwise specifically prohibited by law,

which in the opinion of the Director are unjust, unfair, or

unfairly discriminatory to the policyholder, any person

insured under the policy, or beneficiary.

(b) Accident and health. Insurance against bodily injury,

disablement or death by accident and against disablement

resulting from sickness or old age and every insurance

appertaining thereto, including stop-loss insurance. Stop-loss

insurance is insurance against the risk of economic loss issued

to a single employer self-funded employee disability benefit

plan or an employee welfare benefit plan as described in 29

U.S.C. 100 et seq. The insurance laws of this State, including

this Code, do not apply to arrangements between a religious

organization and the organization's members or participants

when the arrangement and organization meet all of the following

criteria:

(i) the organization is described in Section 501(c)(3)

of the Internal Revenue Code and is exempt from taxation

under Section 501(a) of the Internal Revenue Code;

(ii) members of the organization share a common set of

ethical or religious beliefs and share medical expenses

among members in accordance with those beliefs and without

regard to the state in which a member resides or is

employed;

(iii) no funds that have been given for the purpose of

the sharing of medical expenses among members described in

paragraph (ii) of this subsection (b) are held by the

organization in an off-shore trust or bank account;

(iv) the organization provides at least monthly to all

of its members a written statement listing the dollar

amount of qualified medical expenses that members have

submitted for sharing, as well as the amount of expenses

actually shared among the members;

(v) members of the organization retain membership even

after they develop a medical condition;

(vi) the organization or a predecessor organization

has been in existence at all times since December 31, 1999,

and medical expenses of its members have been shared

continuously and without interruption since at least

December 31, 1999;

(vii) the organization conducts an annual audit that is

performed by an independent certified public accounting

firm in accordance with generally accepted accounting

principles and is made available to the public upon

request;

(viii) the organization includes the following

statement, in writing, on or accompanying all applications

and guideline materials:

"Notice: The organization facilitating the sharing of

medical expenses is not an insurance company, and

neither its guidelines nor plan of operation

constitute or create an insurance policy. Any

assistance you receive with your medical bills will be

totally voluntary. As such, participation in the

organization or a subscription to any of its documents

should never be considered to be insurance. Whether or

not you receive any payments for medical expenses and

whether or not this organization continues to operate,

you are always personally responsible for the payment

of your own medical bills.";

(ix) any membership card or similar document issued by

the organization and any written communication sent by the

organization to a hospital, physician, or other health care

provider shall include a statement that the organization

does not issue health insurance and that the member or

participant is personally liable for payment of his or her

medical bills;

(x) the organization provides to a participant, within

30 days after the participant joins, a complete set of its

rules for the sharing of medical expenses, appeals of

decisions made by the organization, and the filing of

complaints;

(xi) the organization does not offer any other services

that are regulated under any provision of the Illinois

Insurance Code or other insurance laws of this State; and

(xii) the organization does not amass funds as reserves

intended for payment of medical services, rather the

organization facilitates the payments provided for in this

subsection (b) through payments made directly from one

participant to another.

(c) Legal Expense Insurance. Insurance which involves the

assumption of a contractual obligation to reimburse the

beneficiary against or pay on behalf of the beneficiary, all or

a portion of his fees, costs, or expenses related to or arising

out of services performed by or under the supervision of an

attorney licensed to practice in the jurisdiction wherein the

services are performed, regardless of whether the payment is

made by the beneficiaries individually or by a third person for

them, but does not include the provision of or reimbursement

for legal services incidental to other insurance coverages. The

insurance laws of this State, including this Act do not apply

to:

(i) Retainer contracts made by attorneys at law with

individual clients with fees based on estimates of the

nature and amount of services to be provided to the

specific client, and similar contracts made with a group of

clients involved in the same or closely related legal

matters;

(ii) Plans owned or operated by attorneys who are the

providers of legal services to the plan;

(iii) Plans providing legal service benefits to groups

where such plans are owned or operated by authority of a

state, county, local or other bar association;

(iv) Any lawyer referral service authorized or

operated by a state, county, local or other bar

association;

(v) The furnishing of legal assistance by labor unions

and other employee organizations to their members in

matters relating to employment or occupation;

(vi) The furnishing of legal assistance to members or

dependents, by churches, consumer organizations,

cooperatives, educational institutions, credit unions, or

organizations of employees, where such organizations

contract directly with lawyers or law firms for the

provision of legal services, and the administration and

marketing of such legal services is wholly conducted by the

organization or its subsidiary;

(vii) Legal services provided by an employee welfare

benefit plan defined by the Employee Retirement Income

Security Act of 1974;

(viii) Any collectively bargained plan for legal

services between a labor union and an employer negotiated

pursuant to Section 302 of the Labor Management Relations

Act as now or hereafter amended, under which plan legal

services will be provided for employees of the employer

whether or not payments for such services are funded to or

through an insurance company.

Class 2. Casualty, Fidelity and Surety.

(a) Accident and health. Insurance against bodily injury,

disablement or death by accident and against disablement

resulting from sickness or old age and every insurance

appertaining thereto, including stop-loss insurance. Stop-loss

insurance is insurance against the risk of economic loss issued

to a single employer self-funded employee disability benefit

plan or an employee welfare benefit plan as described in 29

U.S.C. 1001 et seq.

(b) Vehicle. Insurance against any loss or liability

resulting from or incident to the ownership, maintenance or use

of any vehicle (motor or otherwise), draft animal or aircraft.

Any policy insuring against any loss or liability on account of

the bodily injury or death of any person may contain a

provision for payment of disability benefits to injured persons

and death benefits to dependents, beneficiaries or personal

representatives of persons who are killed, including the named

insured, irrespective of legal liability of the insured, if the

injury or death for which benefits are provided is caused by

accident and sustained while in or upon or while entering into

or alighting from or through being struck by a vehicle (motor

or otherwise), draft animal or aircraft, and such provision

shall not be deemed to be accident insurance.

(c) Liability. Insurance against the liability of the

insured for the death, injury or disability of an employee or

other person, and insurance against the liability of the

insured for damage to or destruction of another person's

property.

(d) Workers' compensation. Insurance of the obligations

accepted by or imposed upon employers under laws for workers'

compensation.

(e) Burglary and forgery. Insurance against loss or damage

by burglary, theft, larceny, robbery, forgery, fraud or

otherwise; including all householders' personal property

floater risks.

(f) Glass. Insurance against loss or damage to glass

including lettering, ornamentation and fittings from any

cause.

(g) Fidelity and surety. Become surety or guarantor for any

person, copartnership or corporation in any position or place

of trust or as custodian of money or property, public or

private; or, becoming a surety or guarantor for the performance

of any person, copartnership or corporation of any lawful

obligation, undertaking, agreement or contract of any kind,

except contracts or policies of insurance; and underwriting

blanket bonds. Such obligations shall be known and treated as

suretyship obligations and such business shall be known as

surety business.

(h) Miscellaneous. Insurance against loss or damage to

property and any liability of the insured caused by accidents

to boilers, pipes, pressure containers, machinery and

apparatus of any kind and any apparatus connected thereto, or

used for creating, transmitting or applying power, light, heat,

steam or refrigeration, making inspection of and issuing

certificates of inspection upon elevators, boilers, machinery

and apparatus of any kind and all mechanical apparatus and

appliances appertaining thereto; insurance against loss or

damage by water entering through leaks or openings in

buildings, or from the breakage or leakage of a sprinkler,

pumps, water pipes, plumbing and all tanks, apparatus, conduits

and containers designed to bring water into buildings or for

its storage or utilization therein, or caused by the falling of

a tank, tank platform or supports, or against loss or damage

from any cause (other than causes specifically enumerated under

Class 3 of this Section) to such sprinkler, pumps, water pipes,

plumbing, tanks, apparatus, conduits or containers; insurance

against loss or damage which may result from the failure of

debtors to pay their obligations to the insured; and insurance

of the payment of money for personal services under contracts

of hiring.

(i) Other casualty risks. Insurance against any other

casualty risk not otherwise specified under Classes 1 or 3,

which may lawfully be the subject of insurance and may properly

be classified under Class 2.

(j) Contingent losses. Contingent, consequential and

indirect coverages wherein the proximate cause of the loss is

attributable to any one of the causes enumerated under Class 2.

Such coverages shall, for the purpose of classification, be

included in the specific grouping of the kinds of insurance

wherein such cause is specified.

(k) Livestock and domestic animals. Insurance against

mortality, accident and health of livestock and domestic

animals.

(l) Legal expense insurance. Insurance against risk

resulting from the cost of legal services as defined under

Class 1(c).

Class 3. Fire and Marine, etc.

(a) Fire. Insurance against loss or damage by fire, smoke

and smudge, lightning or other electrical disturbances.

(b) Elements. Insurance against loss or damage by

earthquake, windstorms, cyclone, tornado, tempests, hail,

frost, snow, ice, sleet, flood, rain, drought or other weather

or climatic conditions including excess or deficiency of

moisture, rising of the waters of the ocean or its tributaries.

(c) War, riot and explosion. Insurance against loss or

damage by bombardment, invasion, insurrection, riot, strikes,

civil war or commotion, military or usurped power, or explosion

(other than explosion of steam boilers and the breaking of fly

wheels on premises owned, controlled, managed, or maintained by

the insured.)

(d) Marine and transportation. Insurance against loss or

damage to vessels, craft, aircraft, vehicles of every kind,

(excluding vehicles operating under their own power or while in

storage not incidental to transportation) as well as all goods,

freights, cargoes, merchandise, effects, disbursements,

profits, moneys, bullion, precious stones, securities, chooses

in action, evidences of debt, valuable papers, bottomry and

respondentia interests and all other kinds of property and

interests therein, in respect to, appertaining to or in

connection with any or all risks or perils of navigation,

transit, or transportation, including war risks, on or under

any seas or other waters, on land or in the air, or while being

assembled, packed, crated, baled, compressed or similarly

prepared for shipment or while awaiting the same or during any

delays, storage, transshipment, or reshipment incident

thereto, including marine builder's risks and all personal

property floater risks; and for loss or damage to persons or

property in connection with or appertaining to marine, inland

marine, transit or transportation insurance, including

liability for loss of or damage to either arising out of or in

connection with the construction, repair, operation,

maintenance, or use of the subject matter of such insurance,

(but not including life insurance or surety bonds); but, except

as herein specified, shall not mean insurances against loss by

reason of bodily injury to the person; and insurance against

loss or damage to precious stones, jewels, jewelry, gold,

silver and other precious metals whether used in business or

trade or otherwise and whether the same be in course of

transportation or otherwise, which shall include jewelers'

block insurance; and insurance against loss or damage to

bridges, tunnels and other instrumentalities of transportation

and communication (excluding buildings, their furniture and

furnishings, fixed contents and supplies held in storage)

unless fire, tornado, sprinkler leakage, hail, explosion,

earthquake, riot and civil commotion are the only hazards to be

covered; and to piers, wharves, docks and slips, excluding the

risks of fire, tornado, sprinkler leakage, hail, explosion,

earthquake, riot and civil commotion; and to other aids to

navigation and transportation, including dry docks and marine

railways, against all risk.

(e) Vehicle. Insurance against loss or liability resulting

from or incident to the ownership, maintenance or use of any

vehicle (motor or otherwise), draft animal or aircraft,

excluding the liability of the insured for the death, injury or

disability of another person.

(f) Property damage, sprinkler leakage and crop. Insurance

against the liability of the insured for loss or damage to

another person's property or property interests from any cause

enumerated in this class; insurance against loss or damage by

water entering through leaks or openings in buildings, or from

the breakage or leakage of a sprinkler, pumps, water pipes,

plumbing and all tanks, apparatus, conduits and containers

designed to bring water into buildings or for its storage or

utilization therein, or caused by the falling of a tank, tank

platform or supports or against loss or damage from any cause

to such sprinklers, pumps, water pipes, plumbing, tanks,

apparatus, conduits or containers; insurance against loss or

damage from insects, diseases or other causes to trees, crops

or other products of the soil.

(g) Other fire and marine risks. Insurance against any

other property risk not otherwise specified under Classes 1 or

2, which may lawfully be the subject of insurance and may

properly be classified under Class 3.

(h) Contingent losses. Contingent, consequential and

indirect coverages wherein the proximate cause of the loss is

attributable to any of the causes enumerated under Class 3.

Such coverages shall, for the purpose of classification, be

included in the specific grouping of the kinds of insurance

wherein such cause is specified.

(i) Legal expense insurance. Insurance against risk

resulting from the cost of legal services as defined under

Class 1(c).

(Source: P.A. 97-705, eff. 1-1-13; 97-707, eff. 1-1-13.)

(215 ILCS 5/143.24) (from Ch. 73, par. 755.24)

Sec. 143.24. Limited Nonrenewal of Automobile Insurance

Policy. A policy of automobile insurance, as defined in

subsection (a) of Section 143.13, may not be nonrenewed for any

of the following reasons:

a. Age;

b. Sex;

c. Race;

d. Color;

e. Creed;

f. Ancestry;

g. Occupation;

h. Marital Status;

i. Employer of the insured;

j. Physical disability handicap as defined in Section

143.24a of this Act.

(Source: P.A. 86-437.)

(215 ILCS 5/143.24a) (from Ch. 73, par. 755.24a)

Sec. 143.24a. (a) No insurer, licensed to issue a policy of

automobile insurance, as defined in subsection (a) of Section

143.13, shall fail or refuse to accept an application from a

person with a physical disability physically handicapped

person for such insurance, refuse to issue such insurance to an

applicant with a physical disability a physically handicapped

applicant therefor solely because of a physical disability

handicap, or issue or cancel such insurance under conditions

less favorable to persons with physical disabilities

physically handicapped persons than persons without physical

disabilities nonhandicapped persons; nor shall a physical

disability handicap itself constitute a condition or risk for

which a higher premium may be required of a person with a

physical disability physically handicapped person for such

insurance.

(b) As used in this Section, "physical disability handicap"

refers only to an impairment of physical ability because of

amputation or loss of function which impairment has been

compensated for, when necessary, by vehicle equipment

adaptation or modification; or an impairment of hearing which

impairment has been compensated for, when necessary, either by

sensory equipment adaptation or modification, or an impairment

of speech; provided, that the insurer may require an applicant

with a physical disability a physically handicapped applicant

for such insurance on the renewal of such insurance to furnish

proof that he or she has qualified for a new or renewed drivers

license since the occurrence of the disabling handicapping

condition.

(Source: P.A. 85-762.)

(215 ILCS 5/155.52) (from Ch. 73, par. 767.52)

Sec. 155.52. Definitions.

For the purpose of this Article:

(a) "Credit life insurance" means insurance on the life of

a debtor pursuant to or in connection with a specific loan or

other credit transaction;

(b) "Credit Accident and health insurance" means insurance

on a debtor to provide indemnity for payments becoming due on a

specific loan or other credit transaction while the debtor is a

person with a disability disabled as defined in the policy;

(c) "Creditor" means the lender of money or vendor or

lessor of goods, services, property, rights or privileges, for

which payment is arranged through a credit transaction or any

successor to the right, title or interest of any such lender,

vendor or lessor, and an affiliate, associate or subsidiary of

any of them or any director, officer or employee of any of them

or any other person in any way associated with any of them;

(d) "Debtor" means a borrower of money or a purchaser or

lessee of goods, services, property, rights or privileges for

which payment is arranged through a credit transaction;

(e) "Indebtedness" means the total amount payable by a

debtor to a creditor in connection with a loan or other credit

transaction;

(f) "Director" means the Director of Insurance of the State

of Illinois.

(Source: Laws 1959, p. 1140.)

(215 ILCS 5/236) (from Ch. 73, par. 848)

Sec. 236. Discrimination prohibited.

(a) No life company doing business in this State shall make

or permit any distinction or discrimination in favor of

individuals among insured persons of the same class and equal

expectation of life in the issuance of its policies, in the

amount of payment of premiums or rates charged for policies of

insurance, in the amount of any dividends or other benefits

payable thereon, or in any other of the terms and conditions of

the contracts it makes.

(b) No life company shall make or permit any distinction or

discrimination against individuals with handicaps or

disabilities in the amount of payment of premiums or rates

charged for policies of life insurance, in the amount of any

dividends or death benefits payable thereon, or in any other

terms and conditions of the contract it makes unless the rate

differential is based on sound actuarial principles and a

reasonable system of classification and is related to actual or

reasonably anticipated experience directly associated with the

handicap or disability.

(c) No life company shall refuse to insure, or refuse to

continue to insure, or limit the amount or extent or kind of

coverage available to an individual, or charge an individual a

different rate for the same coverage solely because of

blindness or partial blindness. With respect to all other

conditions, including the underlying cause of the blindness or

partial blindness, persons who are blind or partially blind

shall be subject to the same standards of sound actuarial

principles or actual or reasonably anticipated experience as

are sighted persons. Refusal to insure includes denial by an

insurer of disability insurance coverage on the grounds that

the policy defines "disability" as being presumed in the event

that the insured loses his or her eyesight. However, an insurer

may exclude from coverage disabilities consisting solely of

blindness or partial blindness when such condition existed at

the time the policy was issued.

(d) No life company shall refuse to insure or to continue

to insure an individual solely because of the individual's

status as a member of the United States Air Force, Army, Coast

Guard, Marines, or Navy or solely because of the individual's

status as a member of the National Guard or Armed Forces

Reserve.

(e) An insurer or producer authorized to issue policies of

insurance in this State may not make a distinction or otherwise

discriminate between persons, reject an applicant, cancel a

policy, or demand or require a higher rate of premium for

reasons based solely upon an applicant's or insured's past

lawful travel experiences or future lawful travel plans. This

subsection (e) does not prohibit an insurer or producer from

excluding or limiting coverage under a policy or refusing to

offer the policy based upon past lawful travel or future lawful

travel plans or from charging a different rate for that

coverage when that action is based upon sound actuarial

principles or is related to actual or reasonably expected

experience and is not based solely on the destination's

inclusion on the United States Department of State's travel

warning list.

(Source: P.A. 95-163, eff. 1-1-08.)

(215 ILCS 5/356b) (from Ch. 73, par. 968b)

Sec. 356b. (a) This Section applies to the hospital and

medical expense provisions of an accident or health insurance

policy.

(b) If a policy provides that coverage of a dependent

person terminates upon attainment of the limiting age for

dependent persons specified in the policy, the attainment of

such limiting age does not operate to terminate the hospital

and medical coverage of a person who, because of a disabling

handicapped condition that occurred before attainment of the

limiting age, is incapable of self-sustaining employment and is

dependent on his or her parents or other care providers for

lifetime care and supervision.

(c) For purposes of subsection (b), "dependent on other

care providers" is defined as requiring a Community Integrated

Living Arrangement, group home, supervised apartment, or other

residential services licensed or certified by the Department of

Human Services (as successor to the Department of Mental Health

and Developmental Disabilities), the Department of Public

Health, or the Department of Healthcare and Family Services

(formerly Department of Public Aid).

(d) The insurer may inquire of the policyholder 2 months

prior to attainment by a dependent of the limiting age set

forth in the policy, or at any reasonable time thereafter,

whether such dependent is in fact a person who has a disability

and is dependent disabled and dependent person and, in the

absence of proof submitted within 60 days of such inquiry that

such dependent is a person who has a disability and is

dependent disabled and dependent person may terminate coverage

of such person at or after attainment of the limiting age. In

the absence of such inquiry, coverage of any person who has a

disability and is dependent disabled and dependent person shall

continue through the term of such policy or any extension or

renewal thereof.

(e) This amendatory Act of 1969 is applicable to policies

issued or renewed more than 60 days after the effective date of

this amendatory Act of 1969.

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

(215 ILCS 5/356z.2)

Sec. 356z.2. Coverage for adjunctive services in dental

care.

(a) An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed after the

effective date of this amendatory Act of the 92nd General

Assembly shall cover charges incurred, and anesthetics

provided, in conjunction with dental care that is provided to a

covered individual in a hospital or an ambulatory surgical

treatment center if any of the following applies:

(1) the individual is a child age 6 or under;

(2) the individual has a medical condition that

requires hospitalization or general anesthesia for dental

care; or

(3) the individual is a person with a disability

disabled.

(b) For purposes of this Section, "ambulatory surgical

treatment center" has the meaning given to that term in Section

3 of the Ambulatory Surgical Treatment Center Act.

For purposes of this Section, "person with a disability

disabled" means a person, regardless of age, with a chronic

disability if the chronic disability meets all of the following

conditions:

(1) It is attributable to a mental or physical

impairment or combination of mental and physical

impairments.

(2) It is likely to continue.

(3) It results in substantial functional limitations

in one or more of the following areas of major life

activity:

(A) self-care;

(B) receptive and expressive language;

(C) learning;

(D) mobility;

(E) capacity for independent living; or

(F) economic self-sufficiency.

(c) The coverage required under this Section may be subject

to any limitations, exclusions, or cost-sharing provisions

that apply generally under the insurance policy.

(d) This Section does not apply to a policy that covers

only dental care.

(e) Nothing in this Section requires that the dental

services be covered.

(f) The provisions of this Section do not apply to

short-term travel, accident-only, limited, or specified

disease policies, nor to policies or contracts designed for

issuance to persons eligible for coverage under Title XVIII of

the Social Security Act, known as Medicare, or any other

similar coverage under State or federal governmental plans.

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

(215 ILCS 5/357.3) (from Ch. 73, par. 969.3)

Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES: (1) After 2

years from the date of issue of this policy no misstatements,

except fraudulent misstatements, made by the applicant in the

application for such policy shall be used to void the policy or

to deny a claim for loss incurred or disability (as defined in

the policy) commencing after the expiration of such 2 year

period."

(The foregoing policy provision shall not be so construed

as to affect any legal requirement for avoidance of a policy or

denial of a claim during such initial 2 year period, nor to

limit the application of section 357.15 through section 357.19

in the event of misstatement with respect to age or occupation

or other insurance.)

A policy which the insured has the right to continue in

force subject to its terms by the timely payment of premium (1)

until at least age 50 or, (2) in the case of a policy issued

after age 44, for at least 5 years from its date of issue, may

contain in lieu of the foregoing the following provisions (from

which the clause in parentheses may be omitted at the company's

option) under the caption "INCONTESTABLE":

"After this policy has been in force for a period of 2

years during the lifetime of the insured (excluding any period

during which the insured is a person with a disability

disabled), it shall become incontestable as to the statements

contained in the application."

(2) "No claim for loss incurred or disability (as defined

in the policy) commencing after 2 years from the date of issue

of this policy shall be reduced or denied on the ground that a

disease or physical condition not excluded from coverage by

name or specific description effective on the date of loss had

existed prior to the effective date of coverage of this

policy."

(Source: Laws 1967, p. 1735.)

(215 ILCS 5/362a) (from Ch. 73, par. 974a)

Sec. 362a. Non-application to certain policies. The

provisions of sections 356a to 359a, both inclusive, shall not

apply to or affect (1) any policy of workers' compensation

insurance or any policy of liability insurance with or without

supplementary expense coverage therein; or (2) any policy or

contract of reinsurance; or (3) any group policy of insurance

(unless otherwise specifically provided); or (4) life

insurance, endowment or annuity contracts, or contracts

supplemental thereto which contain only such provisions

relating to accident and sickness insurance as (a) provide

additional benefits in case of death or dismemberment or loss

of sight by accident, or as (b) operate to safeguard such

contracts against lapse, or to give a special surrender value

or special benefit or an annuity in the event that the insured

or annuitant shall become a person with a total and permanent

disability totally and permanently disabled, as defined by the

contract or supplemental contract.

(Source: P.A. 81-992.)

(215 ILCS 5/364) (from Ch. 73, par. 976)

Sec. 364. Discrimination prohibited. Discrimination

between individuals of the same class of risk in the issuance

of its policies or in the amount of premiums or rates charged

for any insurance covered by this article, or in the benefits

payable thereon, or in any of the terms or conditions of such

policy, or in any other manner whatsoever is prohibited.

Nothing in this provision shall prohibit an insurer from

providing incentives for insureds to utilize the services of a

particular hospital or person. It is hereby expressly provided

that whenever the terms "physician" or "doctor" appear or are

used in any way in any policy of accident or health insurance

issued in this state, said terms shall include within their

meaning persons licensed to practice dentistry under the

Illinois Dental Practice Act with regard to benefits payable

for services performed by a person so licensed, which such

services are within the coverage provided by the particular

policy or contract of insurance and are within the professional

services authorized to be performed by such person under and in

accordance with the said Act.

No company, in any policy of accident or health insurance

issued in this State, shall make or permit any distinction or

discrimination against individuals solely because of the

individuals' disabilities handicaps or disabilities in the

amount of payment of premiums or rates charged for policies of

insurance, in the amount of any dividends or other benefits

payable thereon, or in any other terms and conditions of the

contract it makes, except where the distinction or

discrimination is based on sound actuarial principles or is

related to actual or reasonably anticipated experience.

No company shall refuse to insure, or refuse to continue to

insure, or limit the amount or extent or kind of coverage

available to an individual, or charge an individual a different

rate for the same coverage solely because of blindness or

partial blindness. With respect to all other conditions,

including the underlying cause of the blindness or partial

blindness, persons who are blind or partially blind shall be

subject to the same standards of sound actuarial principles or

actual or reasonably anticipated experience as are sighted

persons. Refusal to insure includes denial by an insurer of

disability insurance coverage on the grounds that the policy

defines "disability" as being presumed in the event that the

insured loses his or her eyesight.

(Source: P.A. 91-549, eff. 8-14-99.)

(215 ILCS 5/367b) (from Ch. 73, par. 979b)

Sec. 367b. (a) This Section applies to the hospital and

medical expense provisions of a group accident or health

insurance policy.

(b) If a policy provides that coverage of a dependent of an

employee or other member of the covered group terminates upon

attainment of the limiting age for dependent persons specified

in the policy, the attainment of such limiting age does not

operate to terminate the hospital and medical coverage of a

person who, because of a disabling handicapped condition that

occurred before attainment of the limiting age, is incapable of

self-sustaining employment and is dependent on his or her

parents or other care providers for lifetime care and

supervision.

(c) For purposes of subsection (b), "dependent on other

care providers" is defined as requiring a Community Integrated

Living Arrangement, group home, supervised apartment, or other

residential services licensed or certified by the Department of

Human Services (as successor to the Department of Mental Health

and Developmental Disabilities), the Department of Public

Health, or the Department of Healthcare and Family Services

(formerly Department of Public Aid).

(d) The insurer may inquire of the person insured 2 months

prior to attainment by a dependent of the limiting age set

forth in the policy, or at any reasonable time thereafter,

whether such dependent is in fact a person who has a disability

and is dependent disabled and dependent person and, in the

absence of proof submitted within 31 days of such inquiry that

such dependent is a person who has a disability and is

dependent disabled and dependent person may terminate coverage

of such person at or after attainment of the limiting age. In

the absence of such inquiry, coverage of any person who has a

disability and is dependent disabled and dependent person shall

continue through the term of such policy or any extension or

renewal.

(e) This amendatory Act of 1969 is applicable to policies

issued or renewed more than 60 days after the effective date of

this amendatory Act of 1969.

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

(215 ILCS 5/367i) (from Ch. 73, par. 979i)

Sec. 367i. Discontinuance and replacement of coverage.

Group health insurance policies issued, amended, delivered or

renewed on and after the effective date of this amendatory Act

of 1989, shall provide a reasonable extension of benefits in

the event of total disability on the date the policy is

discontinued for any reason.

Any applicable extension of benefits or accrued liability

shall be described in the policy and group certificate.

Benefits payable during any extension of benefits may be

subject to the policy's regular benefit limits.

Any insurer discontinuing a group health insurance policy

shall provide to the policyholder for delivery to covered

employees or members a notice as to the date such

discontinuation is to be effective and urging them to refer to

their group certificates to determine what contract rights, if

any, are available to them.

In the event a discontinued policy is replaced by another

group policy, the prior insurer or plan shall be liable only to

the extent of its accrued liabilities and extension of

benefits. Persons eligible for coverage under the succeeding

insurer's plan shall include all employees and dependents

covered under the prior insurer's plan, including individuals

with disabilities disabled individuals covered under the prior

plan but absent from work on the effective date and thereafter.

The prior insurer shall provide extension of benefits for an

insured's disabling condition when no coverage is available

under the succeeding insurer's plan whether due to the absence

of coverage in the contract or lack of required creditable

coverage for a preexisting condition.

The Director shall promulgate reasonable rules as

necessary to carry out this Section.

(Source: P.A. 91-549, eff. 8-14-99.)

(215 ILCS 5/424) (from Ch. 73, par. 1031)

Sec. 424. Unfair methods of competition and unfair or

deceptive acts or practices defined. The following are hereby

defined as unfair methods of competition and unfair and

deceptive acts or practices in the business of insurance:

(1) The commission by any person of any one or more of the

acts defined or prohibited by Sections 134, 143.24c, 147, 148,

149, 151, 155.22, 155.22a, 155.42, 236, 237, 364, and 469 of

this Code.

(2) Entering into any agreement to commit, or by any

concerted action committing, any act of boycott, coercion or

intimidation resulting in or tending to result in unreasonable

restraint of, or monopoly in, the business of insurance.

(3) Making or permitting, in the case of insurance of the

types enumerated in Classes 1, 2, and 3 of Section 4, any

unfair discrimination between individuals or risks of the same

class or of essentially the same hazard and expense element

because of the race, color, religion, or national origin of

such insurance risks or applicants. The application of this

Article to the types of insurance enumerated in Class 1 of

Section 4 shall in no way limit, reduce, or impair the

protections and remedies already provided for by Sections 236

and 364 of this Code or any other provision of this Code.

(4) Engaging in any of the acts or practices defined in or

prohibited by Sections 154.5 through 154.8 of this Code.

(5) Making or charging any rate for insurance against

losses arising from the use or ownership of a motor vehicle

which requires a higher premium of any person by reason of his

physical disability handicap, race, color, religion, or

national origin.

(Source: P.A. 97-527, eff. 8-23-11.)

(215 ILCS 5/500-50)

(Section scheduled to be repealed on January 1, 2017)

Sec. 500-50. Insurance producers; examination statistics.

(a) The use of examinations for the purpose of determining

qualifications of persons to be licensed as insurance producers

has a direct and far-reaching effect on persons seeking those

licenses, on insurance companies, and on the public. It is in

the public interest and it will further the public welfare to

insure that examinations for licensing do not have the effect

of unlawfully discriminating against applicants for licensing

as insurance producers on the basis of race, color, national

origin, or sex.

(b) As used in this Section, the following words have the

meanings given in this subsection.

Examination. "Examination" means the examination in each

line of insurance administered pursuant to Section 500-30.

Examinee. "Examinee" means a person who takes an

examination.

Part. "Part" means a portion of an examination for which a

score is calculated.

Operational item. "Operational item" means a test question

considered in determining an examinee's score.

Test form. "Test form" means the test booklet or instrument

used for a part of an examination.

Pretest item. "Pretest item" means a prospective test

question that is included in a test form in order to assess its

performance, but is not considered in determining an examinee's

score.

Minority group or examinees. "Minority group" or "minority

examinees" means examinees who are American Indian or Alaska

Native, Asian, Black or African American, Hispanic or Latino,

or Native Hawaiian or Other Pacific Islander.

Correct-answer rate. "Correct-answer rate" for an item

means the number of examinees who provided the correct answer

on an item divided by the number of examinees who answered the

item.

Correlation. "Correlation" means a statistical measure of

the relationship between performance on an item and performance

on a part of the examination.

(c) The Director shall ask each examinee to self-report on

a voluntary basis on the answer sheet, application form, or by

other appropriate means, the following information:

(1) race or ethnicity (American Indian or Alaska

Native, Asian, Black or African American, Hispanic or

Latino, Native Hawaiian or Other Pacific Islander, or

White);

(2) education (8th grade or less; less than 12th grade;

high school diploma or high school equivalency

certificate; some college, but no 4-year degree; or 4-year

degree or more); and

(3) gender (male or female).

The Director must advise all examinees that they are not

required to provide this information, that they will not be

penalized for not doing so, and that the Director will use the

information provided exclusively for research and statistical

purposes and to improve the quality and fairness of the

examinations.

(d) No later than May 1 of each year, the Director must

prepare, publicly announce, and publish an Examination Report

of summary statistical information relating to each

examination administered during the preceding calendar year.

Each Examination Report shall show with respect to each

examination:

(1) For all examinees combined and separately by race

or ethnicity, by educational level, by gender, by

educational level within race or ethnicity, by education

level within gender, and by race or ethnicity within

gender:

(A) number of examinees;

(B) percentage and number of examinees who passed

each part;

(C) percentage and number of examinees who passed

all parts;

(D) mean scaled scores on each part; and

(E) standard deviation of scaled scores on each

part.

(2) For male examinees, female examinees, Black or

African American examinees, white examinees, American

Indian or Alaska Native examinees, Asian examinees,

Hispanic or Latino examinees, and Native Hawaiian or Other

Pacific Islander, respectively, with a high school diploma

or high school equivalency certificate, the distribution

of scaled scores on each part.

No later than May 1 of each year, the Director must prepare

and make available on request an Item Report of summary

statistical information relating to each operational item on

each test form administered during the preceding calendar year.

The Item Report shall show, for each operational item, for all

examinees combined and separately for Black or African American

examinees, white examinees, American Indian or Alaska Native

examinees, Asian examinees, Hispanic or Latino examinees, and

Native Hawaiian or Other Pacific Islander, the correct-answer

rates and correlations.

The Director is not required to report separate statistical

information for any group or subgroup comprising fewer than 50

examinees.

(e) The Director must obtain a regular analysis of the data

collected under this Section, and any other relevant

information, for purposes of the development of new test forms.

The analysis shall continue the implementation of the item

selection methodology as recommended in the Final Report of the

Illinois Insurance Producer's Licensing Examination Advisory

Committee dated November 19, 1991, and filed with the

Department unless some other methodology is determined by the

Director to be as effective in minimizing differences between

white and minority examinee pass-fail rates.

(f) The Director has the discretion to set cutoff scores

for the examinations, provided that scaled scores on test forms

administered after July 1, 1993, shall be made comparable to

scaled scores on test forms administered in 1991 by use of

professionally acceptable methods so as to minimize changes in

passing rates related to the presence or absence of or changes

in equating or scaling equations or methods or content

outlines. Each calendar year, the scaled cutoff score for each

part of each examination shall fluctuate by no more than the

standard error of measurement from the scaled cutoff score

employed during the preceding year.

(g) No later than May 1, 2003 and no later than May 1 of

every fourth year thereafter, the Director must release to the

public and make generally available one representative test

form and set of answer keys for each part of each examination.

(h) The Director must maintain, for a period of 3 years

after they are prepared or used, all registration forms, test

forms, answer sheets, operational items and pretest items, item

analyses, and other statistical analyses relating to the

examinations. All personal identifying information regarding

examinees and the content of test items must be maintained

confidentially as necessary for purposes of protecting the

personal privacy of examinees and the maintenance of test

security.

(i) In administering the examinations, the Director must

make such accommodations for examinees with disabilities

disabled examinees as are reasonably warranted by the

particular disability involved, including the provision of

additional time if necessary to complete an examination or

special assistance in taking an examination.

(j) For the purposes of this Section:

(1) "American Indian or Alaska Native" means a person

having origins in any of the original peoples of North and

South America, including Central America, and who

maintains tribal affiliation or community attachment.

(2) "Asian" means a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam.

(3) "Black or African American" means a person having

origins in any of the black racial groups of Africa. Terms

such as "Haitian" or "Negro" can be used in addition to

"Black or African American".

(4) "Hispanic or Latino" means a person of Cuban,

Mexican, Puerto Rican, South or Central American, or other

Spanish culture or origin, regardless of race.

(5) "Native Hawaiian or Other Pacific Islander" means a

person having origins in any of the original peoples of

Hawaii, Guam, Samoa, or other Pacific Islands.

(6) "White" means a person having origins in any of the

original peoples of Europe, the Middle East, or North

Africa.

(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)

(215 ILCS 5/500-60)

(Section scheduled to be repealed on January 1, 2017)

Sec. 500-60. Temporary licensing.

(a) The Director may issue a temporary insurance producer

license for a period not to exceed 180 days and, at the

discretion of the Director, may renew the temporary producer

license for an additional 180 days without requiring an

examination if the Director deems that the temporary license is

necessary for the servicing of an insurance business in the

following cases:

(1) to the surviving spouse or court-appointed

personal representative of a licensed insurance producer

who dies or becomes a person with a mental or physical

disability mentally or physically disabled to allow

adequate time for the sale of the insurance business owned

by the producer or for the recovery or return of the

producer to the business or to provide for the training and

licensing of new personnel to operate the producer's

business;

(2) to a member or employee of a business entity

licensed as an insurance producer, upon the death or

disability of an individual designated in the business

entity application or the license; or

(3) to the designee of a licensed insurance producer

entering active service in the armed forces of the United

States of America.

(b) The Director may by order limit the authority of any

temporary licensee in any way deemed necessary to protect

insureds and the public. The Director may require the temporary

licensee to have a suitable sponsor who is a licensed producer

or insurer and who assumes responsibility for all acts of the

temporary licensee and may impose other similar requirements

designed to protect insureds and the public. The Director may

by order revoke a temporary license if the interest of insureds

or the public are endangered. A temporary license may not

continue after the owner or the personal representative

disposes of the business.

(c) Before any temporary insurance producer license is

issued, there must be filed with the Director a written

application by the person desiring the license in the form,

with the supplements, and containing the information that the

Director requires. License fees, as provided for in Section

500-135, must be paid upon the issuance of the original

temporary insurance producer license, but not for any renewal

thereof.

(Source: P.A. 92-386, eff. 1-1-02.)

Section 535. The Comprehensive Health Insurance Plan Act is

amended by changing Section 2 as follows:

(215 ILCS 105/2) (from Ch. 73, par. 1302)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

"Plan administrator" means the insurer or third party

administrator designated under Section 5 of this Act.

"Benefits plan" means the coverage to be offered by the

Plan to eligible persons and federally eligible individuals

pursuant to this Act.

"Board" means the Illinois Comprehensive Health Insurance

Board.

"Church plan" has the same meaning given that term in the

federal Health Insurance Portability and Accountability Act of

1996.

"Continuation coverage" means continuation of coverage

under a group health plan or other health insurance coverage

for former employees or dependents of former employees that

would otherwise have terminated under the terms of that

coverage pursuant to any continuation provisions under federal

or State law, including the Consolidated Omnibus Budget

Reconciliation Act of 1985 (COBRA), as amended, Sections 367.2,

367e, and 367e.1 of the Illinois Insurance Code, or any other

similar requirement in another State.

"Covered person" means a person who is and continues to

remain eligible for Plan coverage and is covered under one of

the benefit plans offered by the Plan.

"Creditable coverage" means, with respect to a federally

eligible individual, coverage of the individual under any of

the following:

(A) A group health plan.

(B) Health insurance coverage (including group health

insurance coverage).

(C) Medicare.

(D) Medical assistance.

(E) Chapter 55 of title 10, United States Code.

(F) A medical care program of the Indian Health Service

or of a tribal organization.

(G) A state health benefits risk pool.

(H) A health plan offered under Chapter 89 of title 5,

United States Code.

(I) A public health plan (as defined in regulations

consistent with Section 104 of the Health Care Portability

and Accountability Act of 1996 that may be promulgated by

the Secretary of the U.S. Department of Health and Human

Services).

(J) A health benefit plan under Section 5(e) of the

Peace Corps Act (22 U.S.C. 2504(e)).

(K) Any other qualifying coverage required by the

federal Health Insurance Portability and Accountability

Act of 1996, as it may be amended, or regulations under

that Act.

"Creditable coverage" does not include coverage consisting

solely of coverage of excepted benefits, as defined in Section

2791(c) of title XXVII of the Public Health Service Act (42

U.S.C. 300 gg-91), nor does it include any period of coverage

under any of items (A) through (K) that occurred before a break

of more than 90 days or, if the individual has been certified

as eligible pursuant to the federal Trade Act of 2002, a break

of more than 63 days during all of which the individual was not

covered under any of items (A) through (K) above.

Any period that an individual is in a waiting period for

any coverage under a group health plan (or for group health

insurance coverage) or is in an affiliation period under the

terms of health insurance coverage offered by a health

maintenance organization shall not be taken into account in

determining if there has been a break of more than 90 days in

any creditable coverage.

"Department" means the Illinois Department of Insurance.

"Dependent" means an Illinois resident: who is a spouse; or

who is claimed as a dependent by the principal insured for

purposes of filing a federal income tax return and resides in

the principal insured's household, and is a resident unmarried

child under the age of 19 years; or who is an unmarried child

who also is a full-time student under the age of 23 years and

who is financially dependent upon the principal insured; or who

is a child of any age and who is a person with a disability

disabled and financially dependent upon the principal insured.

"Direct Illinois premiums" means, for Illinois business,

an insurer's direct premium income for the kinds of business

described in clause (b) of Class 1 or clause (a) of Class 2 of

Section 4 of the Illinois Insurance Code, and direct premium

income of a health maintenance organization or a voluntary

health services plan, except it shall not include credit health

insurance as defined in Article IX 1/2 of the Illinois

Insurance Code.

"Director" means the Director of the Illinois Department of

Insurance.

"Effective date of medical assistance" means the date that

eligibility for medical assistance for a person is approved by

the Department of Human Services or the Department of

Healthcare and Family Services, except when the Department of

Human Services or the Department of Healthcare and Family

Services determines eligibility retroactively. In such

circumstances, the effective date of the medical assistance is

the date the Department of Human Services or the Department of

Healthcare and Family Services determines the person to be

eligible for medical assistance. As it pertains to Medicare,

the effective date is 24 months after the entitlement date as

approved by the Social Security Administration, except when

eligibility is made retroactive to a prior date. In such

circumstances, the effective date of Medicare is the date on

the Notice of Award letter issued by the Social Security

Administration.

"Eligible person" means a resident of this State who

qualifies for Plan coverage under Section 7 of this Act.

"Employee" means a resident of this State who is employed

by an employer or has entered into the employment of or works

under contract or service of an employer including the

officers, managers and employees of subsidiary or affiliated

corporations and the individual proprietors, partners and

employees of affiliated individuals and firms when the business

of the subsidiary or affiliated corporations, firms or

individuals is controlled by a common employer through stock

ownership, contract, or otherwise.

"Employer" means any individual, partnership, association,

corporation, business trust, or any person or group of persons

acting directly or indirectly in the interest of an employer in

relation to an employee, for which one or more persons is

gainfully employed.

"Family" coverage means the coverage provided by the Plan

for the covered person and his or her eligible dependents who

also are covered persons.

"Federally eligible individual" means an individual

resident of this State:

(1)(A) for whom, as of the date on which the individual

seeks Plan coverage under Section 15 of this Act, the

aggregate of the periods of creditable coverage is 18 or

more months or, if the individual has been certified as

eligible pursuant to the federal Trade Act of 2002, 3 or

more months, and (B) whose most recent prior creditable

coverage was under group health insurance coverage offered

by a health insurance issuer, a group health plan, a

governmental plan, or a church plan (or health insurance

coverage offered in connection with any such plans) or any

other type of creditable coverage that may be required by

the federal Health Insurance Portability and

Accountability Act of 1996, as it may be amended, or the

regulations under that Act;

(2) who is not eligible for coverage under (A) a group

health plan (other than an individual who has been

certified as eligible pursuant to the federal Trade Act of

2002), (B) part A or part B of Medicare due to age (other

than an individual who has been certified as eligible

pursuant to the federal Trade Act of 2002), or (C) medical

assistance, and does not have other health insurance

coverage (other than an individual who has been certified

as eligible pursuant to the federal Trade Act of 2002);

(3) with respect to whom (other than an individual who

has been certified as eligible pursuant to the federal

Trade Act of 2002) the most recent coverage within the

coverage period described in paragraph (1)(A) of this

definition was not terminated based upon a factor relating

to nonpayment of premiums or fraud;

(4) if the individual (other than an individual who has

been certified as eligible pursuant to the federal Trade

Act of 2002) had been offered the option of continuation

coverage under a COBRA continuation provision or under a

similar State program, who elected such coverage; and

(5) who, if the individual elected such continuation

coverage, has exhausted such continuation coverage under

such provision or program.

However, an individual who has been certified as eligible

pursuant to the federal Trade Act of 2002 shall not be required

to elect continuation coverage under a COBRA continuation

provision or under a similar state program.

"Group health insurance coverage" means, in connection

with a group health plan, health insurance coverage offered in

connection with that plan.

"Group health plan" has the same meaning given that term in

the federal Health Insurance Portability and Accountability

Act of 1996.

"Governmental plan" has the same meaning given that term in

the federal Health Insurance Portability and Accountability

Act of 1996.

"Health insurance coverage" means benefits consisting of

medical care (provided directly, through insurance or

reimbursement, or otherwise and including items and services

paid for as medical care) under any hospital and medical

expense-incurred policy, certificate, or contract provided by

an insurer, non-profit health care service plan contract,

health maintenance organization or other subscriber contract,

or any other health care plan or arrangement that pays for or

furnishes medical or health care services whether by insurance

or otherwise. Health insurance coverage shall not include short

term, accident only, disability income, hospital confinement

or fixed indemnity, dental only, vision only, limited benefit,

or credit insurance, coverage issued as a supplement to

liability insurance, insurance arising out of a workers'

compensation or similar law, automobile medical-payment

insurance, or insurance under which benefits are payable with

or without regard to fault and which is statutorily required to

be contained in any liability insurance policy or equivalent

self-insurance.

"Health insurance issuer" means an insurance company,

insurance service, or insurance organization (including a

health maintenance organization and a voluntary health

services plan) that is authorized to transact health insurance

business in this State. Such term does not include a group

health plan.

"Health Maintenance Organization" means an organization as

defined in the Health Maintenance Organization Act.

"Hospice" means a program as defined in and licensed under

the Hospice Program Licensing Act.

"Hospital" means a duly licensed institution as defined in

the Hospital Licensing Act, an institution that meets all

comparable conditions and requirements in effect in the state

in which it is located, or the University of Illinois Hospital

as defined in the University of Illinois Hospital Act.

"Individual health insurance coverage" means health

insurance coverage offered to individuals in the individual

market, but does not include short-term, limited-duration

insurance.

"Insured" means any individual resident of this State who

is eligible to receive benefits from any insurer (including

health insurance coverage offered in connection with a group

health plan) or health insurance issuer as defined in this

Section.

"Insurer" means any insurance company authorized to

transact health insurance business in this State and any

corporation that provides medical services and is organized

under the Voluntary Health Services Plans Act or the Health

Maintenance Organization Act.

"Medical assistance" means the State medical assistance or

medical assistance no grant (MANG) programs provided under

Title XIX of the Social Security Act and Articles V (Medical

Assistance) and VI (General Assistance) of the Illinois Public

Aid Code (or any successor program) or under any similar

program of health care benefits in a state other than Illinois.

"Medically necessary" means that a service, drug, or supply

is necessary and appropriate for the diagnosis or treatment of

an illness or injury in accord with generally accepted

standards of medical practice at the time the service, drug, or

supply is provided. When specifically applied to a confinement

it further means that the diagnosis or treatment of the covered

person's medical symptoms or condition cannot be safely

provided to that person as an outpatient. A service, drug, or

supply shall not be medically necessary if it: (i) is

investigational, experimental, or for research purposes; or

(ii) is provided solely for the convenience of the patient, the

patient's family, physician, hospital, or any other provider;

or (iii) exceeds in scope, duration, or intensity that level of

care that is needed to provide safe, adequate, and appropriate

diagnosis or treatment; or (iv) could have been omitted without

adversely affecting the covered person's condition or the

quality of medical care; or (v) involves the use of a medical

device, drug, or substance not formally approved by the United

States Food and Drug Administration.

"Medical care" means the ordinary and usual professional

services rendered by a physician or other specified provider

during a professional visit for treatment of an illness or

injury.

"Medicare" means coverage under both Part A and Part B of

Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395, et

seq.

"Minimum premium plan" means an arrangement whereby a

specified amount of health care claims is self-funded, but the

insurance company assumes the risk that claims will exceed that

amount.

"Participating transplant center" means a hospital

designated by the Board as a preferred or exclusive provider of

services for one or more specified human organ or tissue

transplants for which the hospital has signed an agreement with

the Board to accept a transplant payment allowance for all

expenses related to the transplant during a transplant benefit

period.

"Physician" means a person licensed to practice medicine

pursuant to the Medical Practice Act of 1987.

"Plan" means the Comprehensive Health Insurance Plan

established by this Act.

"Plan of operation" means the plan of operation of the

Plan, including articles, bylaws and operating rules, adopted

by the board pursuant to this Act.

"Provider" means any hospital, skilled nursing facility,

hospice, home health agency, physician, registered pharmacist

acting within the scope of that registration, or any other

person or entity licensed in Illinois to furnish medical care.

"Qualified high risk pool" has the same meaning given that

term in the federal Health Insurance Portability and

Accountability Act of 1996.

"Resident" means a person who is and continues to be

legally domiciled and physically residing on a permanent and

full-time basis in a place of permanent habitation in this

State that remains that person's principal residence and from

which that person is absent only for temporary or transitory

purpose.

"Skilled nursing facility" means a facility or that portion

of a facility that is licensed by the Illinois Department of

Public Health under the Nursing Home Care Act or a comparable

licensing authority in another state to provide skilled nursing

care.

"Stop-loss coverage" means an arrangement whereby an

insurer insures against the risk that any one claim will exceed

a specific dollar amount or that the entire loss of a

self-insurance plan will exceed a specific amount.

"Third party administrator" means an administrator as

defined in Section 511.101 of the Illinois Insurance Code who

is licensed under Article XXXI 1/4 of that Code.

(Source: P.A. 97-346, eff. 8-12-11.)

Section 540. The Health Maintenance Organization Act is

amended by changing Section 4-9.1 as follows:

(215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1)

Sec. 4-9.1. Dependent Coverage Termination.

(a) The attainment of a limiting age under a group contract

or evidence of coverage which provides that coverage of a

dependent person of an enrollee shall terminate upon attainment

of the limiting age for dependent persons does not operate to

terminate the coverage of a person who, because of a disabling

handicapped condition that occurred before attainment of the

limiting age, is incapable of self-sustaining employment and is

dependent on his or her parents or other care providers for

lifetime care and supervision.

(b) For purposes of subsection (a), "dependent on other

care providers" is defined as requiring a Community Integrated

Living Arrangement, group home, supervised apartment, or other

residential services licensed or certified by the Department of

Human Services (as successor to the Department of Mental Health

and Developmental Disabilities), the Department of Public

Health, or the Department of Healthcare and Family Services

(formerly Department of Public Aid).

(c) Proof of such incapacity and dependency shall be

furnished to the health maintenance organization by the

enrollee within 31 days of a request for the information by the

health maintenance organization and subsequently as may be

required by the health maintenance organization, but not more

frequently than annually. In the absence of proof submitted

within 31 days of such inquiry that such dependent is a person

who has a disability and is a dependent disabled and dependent

person, the health maintenance organization may terminate

coverage of such person at or after attainment of the limiting

age. In the absence of such inquiry, coverage of any person who

has a disability and is a dependent disabled and dependent

person shall continue through the term of the group contract or

evidence of coverage or any extension or renewal thereof.

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

Section 545. The Viatical Settlements Act of 2009 is

amended by changing Section 50 as follows:

(215 ILCS 159/50)

Sec. 50. Prohibited practices.

(a) It is a violation of this Act for any person to enter

into a viatical settlement contract prior to the application of

or issuance of a policy that is the subject of the viatical

settlement contract. It is a violation of this Act for any

person to enter into stranger-originated life insurance or

STOLI as defined by this Act.

(b) It is a violation of this Act for any person to enter

into a viatical settlement contract within a 2-year period

commencing with the date of issuance of the insurance policy

unless the viator certifies to the viatical settlement provider

that one or more of the following conditions have been met

within the 2-year period:

(1) The policy was issued upon the viator's exercise of

conversion rights arising out of a group or individual

policy, provided the total of the time covered under the

conversion policy plus the time covered under the prior

policy is at least 24 months. The time covered under a

group policy shall be calculated without regard to any

change in insurance carriers, provided the coverage has

been continuous and under the same group sponsorship.

(2) The viator certifies and submits independent

evidence to the viatical settlement provider that one or

more of the following conditions have been met within the

2-year period:

(A) the viator or insured is terminally or

chronically ill;

(B) the viator's spouse dies;

(C) the viator divorces his or her spouse;

(D) the viator retires from full-time employment;

(E) the viator becomes a person with a physical or

mental disability physically or mentally disabled and

a physician determines that the disability prevents

the viator from maintaining full-time employment;

(F) a court of competent jurisdiction enters a

final order, judgment, or decree on the application of

a creditor of the viator, adjudicating the viator

bankrupt or insolvent, or approving a petition seeking

reorganization of the viator or appointing a receiver,

trustee, or liquidator to all or a substantial part of

the viator's assets;

(G) the sole beneficiary of the policy is a family

member of the viator and the beneficiary dies; or

(H) any other condition that the Director may

determine by regulation to be an extraordinary

circumstance for the viator or the insured.

(c) Copies of the independent evidence described in

paragraph (2) of subsection (b) of this Section and documents

required by Section 45 shall be submitted to the insurer when

the viatical settlement provider or any other party entering

into a viatical settlement contract with a viator submits a

request to the insurer for verification of coverage. The copies

shall be accompanied by a letter of attestation from the

viatical settlement provider that the copies are true and

correct copies of the documents received by the viatical

settlement provider.

(d) If the viatical settlement provider submits to the

insurer a copy of the owner or insured's certification

described in and the independent evidence required by paragraph

(2) of subsection (b) of this Section when the viatical

settlement provider submits a request to the insurer to effect

the transfer of the policy to the viatical settlement provider,

then the copy shall be deemed to conclusively establish that

the viatical settlement contract satisfies the requirements of

this Section, and the insurer shall timely respond to the

request.

(e) No insurer may, as a condition of responding to a

request for verification of coverage or effecting the transfer

of a policy pursuant to a viatical settlement contract, require

that the viator, insured, viatical settlement provider, or

viatical settlement broker sign any forms, disclosures,

consent, or waiver form that has not been expressly approved by

the Director for use in connection with viatical settlement

contracts in this State.

(f) Upon receipt of a properly completed request for change

of ownership or beneficiary of a policy, the insurer shall

respond in writing within 30 calendar days to confirm that the

change has been effected or specifying the reasons why the

requested change cannot be processed. No insurer shall

unreasonably delay effecting change of ownership or

beneficiary or seek to interfere with any viatical settlement

contract lawfully entered into in this State.

(Source: P.A. 96-736, eff. 7-1-10.)

Section 550. The Voluntary Health Services Plans Act is

amended by changing Section 15a as follows:

(215 ILCS 165/15a) (from Ch. 32, par. 609a)

Sec. 15a. Dependent Coverage Termination.

(a) The attainment of a limiting age under a voluntary

health services plan which provides that coverage of a

dependent of a subscriber terminates upon attainment of the

limiting age for dependent persons specified in the

subscription certificate does not operate to terminate the

coverage of a person who, because of a disabling handicapped

condition that occurred before attainment of the limiting age,

is incapable of self-sustaining employment and is dependent on

his or her parents or other care providers for lifetime care

and supervision.

(b) For purposes of subsection (a), "dependent on other

care providers" is defined as requiring a Community Integrated

Living Arrangement, group home, supervised apartment, or other

residential services licensed or certified by the Department of

Human Services (as successor to the Department of Mental Health

and Developmental Disabilities), the Department of Public

Health, or the Department of Healthcare and Family Services

(formerly Department of Public Aid).

(c) The corporation may require, at reasonable intervals

from the date of the first claim filed on behalf of the person

with a disability who is dependent disabled and dependent

person or from the date the corporation receives notice of a

covered person's disability and dependency, proof of the

person's disability and dependency.

(d) This amendatory Act of 1969 is applicable to

subscription certificates issued or renewed after October 27,

1969.

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

Section 555. The Public Utilities Act is amended by

changing Sections 13-703 and 16-108.5 as follows:

(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)

(Section scheduled to be repealed on July 1, 2015)

Sec. 13-703. (a) The Commission shall design and implement

a program whereby each telecommunications carrier providing

local exchange service shall provide a telecommunications

device capable of servicing the needs of those persons with a

hearing or speech disability together with a single party line,

at no charge additional to the basic exchange rate, to any

subscriber who is certified as having a hearing or speech

disability by a licensed physician, speech-language

pathologist, audiologist or a qualified State agency and to any

subscriber which is an organization serving the needs of those

persons with a hearing or speech disability as determined and

specified by the Commission pursuant to subsection (d).

(b) The Commission shall design and implement a program,

whereby each telecommunications carrier providing local

exchange service shall provide a telecommunications relay

system, using third party intervention to connect those persons

having a hearing or speech disability with persons of normal

hearing by way of intercommunications devices and the telephone

system, making available reasonable access to all phases of

public telephone service to persons who have a hearing or

speech disability. In order to design a telecommunications

relay system which will meet the requirements of those persons

with a hearing or speech disability available at a reasonable

cost, the Commission shall initiate an investigation and

conduct public hearings to determine the most cost-effective

method of providing telecommunications relay service to those

persons who have a hearing or speech disability when using

telecommunications devices and therein solicit the advice,

counsel, and physical assistance of Statewide nonprofit

consumer organizations that serve persons with hearing or

speech disabilities in such hearings and during the development

and implementation of the system. The Commission shall phase in

this program, on a geographical basis, as soon as is

practicable, but no later than June 30, 1990.

(c) The Commission shall establish a rate recovery

mechanism, authorizing charges in an amount to be determined by

the Commission for each line of a subscriber to allow

telecommunications carriers providing local exchange service

to recover costs as they are incurred under this Section.

(d) The Commission shall determine and specify those

organizations serving the needs of those persons having a

hearing or speech disability that shall receive a

telecommunications device and in which offices the equipment

shall be installed in the case of an organization having more

than one office. For the purposes of this Section,

"organizations serving the needs of those persons with hearing

or speech disabilities" means centers for independent living as

described in Section 12a of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act and

not-for-profit organizations whose primary purpose is serving

the needs of those persons with hearing or speech disabilities.

The Commission shall direct the telecommunications carriers

subject to its jurisdiction and this Section to comply with its

determinations and specifications in this regard.

(e) As used in this Section, the phrase "telecommunications

carrier providing local exchange service" includes, without

otherwise limiting the meaning of the term, telecommunications

carriers which are purely mutual concerns, having no rates or

charges for services, but paying the operating expenses by

assessment upon the members of such a company and no other

person.

(f) Interconnected VoIP service providers in Illinois

shall collect and remit assessments determined in accordance

with this Section in a competitively neutral manner in the same

manner as a telecommunications carrier providing local

exchange service. Interconnected VoIP services shall not be

considered an intrastate telecommunications service for the

purposes of this Section in a manner inconsistent with federal

law or Federal Communications Commission regulation.

(g) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/16-108.5)

Sec. 16-108.5. Infrastructure investment and

modernization; regulatory reform.

(a) (Blank).

(b) For purposes of this Section, "participating utility"

means an electric utility or a combination utility serving more

than 1,000,000 customers in Illinois that voluntarily elects

and commits to undertake (i) the infrastructure investment

program consisting of the commitments and obligations

described in this subsection (b) and (ii) the customer

assistance program consisting of the commitments and

obligations described in subsection (b-10) of this Section,

notwithstanding any other provisions of this Act and without

obtaining any approvals from the Commission or any other agency

other than as set forth in this Section, regardless of whether

any such approval would otherwise be required. "Combination

utility" means a utility that, as of January 1, 2011, provided

electric service to at least one million retail customers in

Illinois and gas service to at least 500,000 retail customers

in Illinois. A participating utility shall recover the

expenditures made under the infrastructure investment program

through the ratemaking process, including, but not limited to,

the performance-based formula rate and process set forth in

this Section.

During the infrastructure investment program's peak

program year, a participating utility other than a combination

utility shall create 2,000 full-time equivalent jobs in

Illinois, and a participating utility that is a combination

utility shall create 450 full-time equivalent jobs in Illinois

related to the provision of electric service. These jobs shall

include direct jobs, contractor positions, and induced jobs,

but shall not include any portion of a job commitment, not

specifically contingent on an amendatory Act of the 97th

General Assembly becoming law, between a participating utility

and a labor union that existed on the effective date of this

amendatory Act of the 97th General Assembly and that has not

yet been fulfilled. A portion of the full-time equivalent jobs

created by each participating utility shall include

incremental personnel hired subsequent to the effective date of

this amendatory Act of the 97th General Assembly. For purposes

of this Section, "peak program year" means the consecutive

12-month period with the highest number of full-time equivalent

jobs that occurs between the beginning of investment year 2 and

the end of investment year 4.

A participating utility shall meet one of the following

commitments, as applicable:

(1) Beginning no later than 180 days after a

participating utility other than a combination utility

files a performance-based formula rate tariff pursuant to

subsection (c) of this Section, or, beginning no later than

January 1, 2012 if such utility files such

performance-based formula rate tariff within 14 days of the

effective date of this amendatory Act of the 97th General

Assembly, the participating utility shall, except as

provided in subsection (b-5):

(A) over a 5-year period, invest an estimated

$1,300,000,000 in electric system upgrades,

modernization projects, and training facilities,

including, but not limited to:

(i) distribution infrastructure improvements

totaling an estimated $1,000,000,000, including

underground residential distribution cable

injection and replacement and mainline cable

system refurbishment and replacement projects;

(ii) training facility construction or upgrade

projects totaling an estimated $10,000,000,

provided that, at a minimum, one such facility

shall be located in a municipality having a

population of more than 2 million residents and one

such facility shall be located in a municipality

having a population of more than 150,000 residents

but fewer than 170,000 residents; any such new

facility located in a municipality having a

population of more than 2 million residents must be

designed for the purpose of obtaining, and the

owner of the facility shall apply for,

certification under the United States Green

Building Council's Leadership in Energy Efficiency

Design Green Building Rating System;

(iii) wood pole inspection, treatment, and

replacement programs;

(iv) an estimated $200,000,000 for reducing

the susceptibility of certain circuits to

storm-related damage, including, but not limited

to, high winds, thunderstorms, and ice storms;

improvements may include, but are not limited to,

overhead to underground conversion and other

engineered outcomes for circuits; the

participating utility shall prioritize the

selection of circuits based on each circuit's

historical susceptibility to storm-related damage

and the ability to provide the greatest customer

benefit upon completion of the improvements; to be

eligible for improvement, the participating

utility's ability to maintain proper tree

clearances surrounding the overhead circuit must

not have been impeded by third parties; and

(B) over a 10-year period, invest an estimated

$1,300,000,000 to upgrade and modernize its

transmission and distribution infrastructure and in

Smart Grid electric system upgrades, including, but

not limited to:

(i) additional smart meters;

(ii) distribution automation;

(iii) associated cyber secure data

communication network; and

(iv) substation micro-processor relay

upgrades.

(2) Beginning no later than 180 days after a

participating utility that is a combination utility files a

performance-based formula rate tariff pursuant to

subsection (c) of this Section, or, beginning no later than

January 1, 2012 if such utility files such

performance-based formula rate tariff within 14 days of the

effective date of this amendatory Act of the 97th General

Assembly, the participating utility shall, except as

provided in subsection (b-5):

(A) over a 10-year period, invest an estimated

$265,000,000 in electric system upgrades,

modernization projects, and training facilities,

including, but not limited to:

(i) distribution infrastructure improvements

totaling an estimated $245,000,000, which may

include bulk supply substations, transformers,

reconductoring, and rebuilding overhead

distribution and sub-transmission lines,

underground residential distribution cable

injection and replacement and mainline cable

system refurbishment and replacement projects;

(ii) training facility construction or upgrade

projects totaling an estimated $1,000,000; any

such new facility must be designed for the purpose

of obtaining, and the owner of the facility shall

apply for, certification under the United States

Green Building Council's Leadership in Energy

Efficiency Design Green Building Rating System;

and

(iii) wood pole inspection, treatment, and

replacement programs; and

(B) over a 10-year period, invest an estimated

$360,000,000 to upgrade and modernize its transmission

and distribution infrastructure and in Smart Grid

electric system upgrades, including, but not limited

to:

(i) additional smart meters;

(ii) distribution automation;

(iii) associated cyber secure data

communication network; and

(iv) substation micro-processor relay

upgrades.

For purposes of this Section, "Smart Grid electric system

upgrades" shall have the meaning set forth in subsection (a) of

Section 16-108.6 of this Act.

The investments in the infrastructure investment program

described in this subsection (b) shall be incremental to the

participating utility's annual capital investment program, as

defined by, for purposes of this subsection (b), the

participating utility's average capital spend for calendar

years 2008, 2009, and 2010 as reported in the applicable

Federal Energy Regulatory Commission (FERC) Form 1; provided

that where one or more utilities have merged, the average

capital spend shall be determined using the aggregate of the

merged utilities' capital spend reported in FERC Form 1 for the

years 2008, 2009, and 2010. A participating utility may add

reasonable construction ramp-up and ramp-down time to the

investment periods specified in this subsection (b). For each

such investment period, the ramp-up and ramp-down time shall

not exceed a total of 6 months.

Within 60 days after filing a tariff under subsection (c)

of this Section, a participating utility shall submit to the

Commission its plan, including scope, schedule, and staffing,

for satisfying its infrastructure investment program

commitments pursuant to this subsection (b). The submitted plan

shall include a schedule and staffing plan for the next

calendar year. The plan shall also include a plan for the

creation, operation, and administration of a Smart Grid test

bed as described in subsection (c) of Section 16-108.8. The

plan need not allocate the work equally over the respective

periods, but should allocate material increments throughout

such periods commensurate with the work to be undertaken. No

later than April 1 of each subsequent year, the utility shall

submit to the Commission a report that includes any updates to

the plan, a schedule for the next calendar year, the

expenditures made for the prior calendar year and cumulatively,

and the number of full-time equivalent jobs created for the

prior calendar year and cumulatively. If the utility is

materially deficient in satisfying a schedule or staffing plan,

then the report must also include a corrective action plan to

address the deficiency. The fact that the plan, implementation

of the plan, or a schedule changes shall not imply the

imprudence or unreasonableness of the infrastructure

investment program, plan, or schedule. Further, no later than

45 days following the last day of the first, second, and third

quarters of each year of the plan, a participating utility

shall submit to the Commission a verified quarterly report for

the prior quarter that includes (i) the total number of

full-time equivalent jobs created during the prior quarter,

(ii) the total number of employees as of the last day of the

prior quarter, (iii) the total number of full-time equivalent

hours in each job classification or job title, (iv) the total

number of incremental employees and contractors in support of

the investments undertaken pursuant to this subsection (b) for

the prior quarter, and (v) any other information that the

Commission may require by rule.

With respect to the participating utility's peak job

commitment, if, after considering the utility's corrective

action plan and compliance thereunder, the Commission enters an

order finding, after notice and hearing, that a participating

utility did not satisfy its peak job commitment described in

this subsection (b) for reasons that are reasonably within its

control, then the Commission shall also determine, after

consideration of the evidence, including, but not limited to,

evidence submitted by the Department of Commerce and Economic

Opportunity and the utility, the deficiency in the number of

full-time equivalent jobs during the peak program year due to

such failure. The Commission shall notify the Department of any

proceeding that is initiated pursuant to this paragraph. For

each full-time equivalent job deficiency during the peak

program year that the Commission finds as set forth in this

paragraph, the participating utility shall, within 30 days

after the entry of the Commission's order, pay $6,000 to a fund

for training grants administered under Section 605-800 of The

Department of Commerce and Economic Opportunity Law, which

shall not be a recoverable expense.

With respect to the participating utility's investment

amount commitments, if, after considering the utility's

corrective action plan and compliance thereunder, the

Commission enters an order finding, after notice and hearing,

that a participating utility is not satisfying its investment

amount commitments described in this subsection (b), then the

utility shall no longer be eligible to annually update the

performance-based formula rate tariff pursuant to subsection

(d) of this Section. In such event, the then current rates

shall remain in effect until such time as new rates are set

pursuant to Article IX of this Act, subject to retroactive

adjustment, with interest, to reconcile rates charged with

actual costs.

If the Commission finds that a participating utility is no

longer eligible to update the performance-based formula rate

tariff pursuant to subsection (d) of this Section, or the

performance-based formula rate is otherwise terminated, then

the participating utility's voluntary commitments and

obligations under this subsection (b) shall immediately

terminate, except for the utility's obligation to pay an amount

already owed to the fund for training grants pursuant to a

Commission order.

In meeting the obligations of this subsection (b), to the

extent feasible and consistent with State and federal law, the

investments under the infrastructure investment program should

provide employment opportunities for all segments of the

population and workforce, including minority-owned and

female-owned business enterprises, and shall not, consistent

with State and federal law, discriminate based on race or

socioeconomic status.

(b-5) Nothing in this Section shall prohibit the Commission

from investigating the prudence and reasonableness of the

expenditures made under the infrastructure investment program

during the annual review required by subsection (d) of this

Section and shall, as part of such investigation, determine

whether the utility's actual costs under the program are

prudent and reasonable. The fact that a participating utility

invests more than the minimum amounts specified in subsection

(b) of this Section or its plan shall not imply imprudence or

unreasonableness.

If the participating utility finds that it is implementing

its plan for satisfying the infrastructure investment program

commitments described in subsection (b) of this Section at a

cost below the estimated amounts specified in subsection (b) of

this Section, then the utility may file a petition with the

Commission requesting that it be permitted to satisfy its

commitments by spending less than the estimated amounts

specified in subsection (b) of this Section. The Commission

shall, after notice and hearing, enter its order approving, or

approving as modified, or denying each such petition within 150

days after the filing of the petition.

In no event, absent General Assembly approval, shall the

capital investment costs incurred by a participating utility

other than a combination utility in satisfying its

infrastructure investment program commitments described in

subsection (b) of this Section exceed $3,000,000,000 or, for a

participating utility that is a combination utility,

$720,000,000. If the participating utility's updated cost

estimates for satisfying its infrastructure investment program

commitments described in subsection (b) of this Section exceed

the limitation imposed by this subsection (b-5), then it shall

submit a report to the Commission that identifies the increased

costs and explains the reason or reasons for the increased

costs no later than the year in which the utility estimates it

will exceed the limitation. The Commission shall review the

report and shall, within 90 days after the participating

utility files the report, report to the General Assembly its

findings regarding the participating utility's report. If the

General Assembly does not amend the limitation imposed by this

subsection (b-5), then the utility may modify its plan so as

not to exceed the limitation imposed by this subsection (b-5)

and may propose corresponding changes to the metrics

established pursuant to subparagraphs (5) through (8) of

subsection (f) of this Section, and the Commission may modify

the metrics and incremental savings goals established pursuant

to subsection (f) of this Section accordingly.

(b-10) All participating utilities shall make

contributions for an energy low-income and support program in

accordance with this subsection. Beginning no later than 180

days after a participating utility files a performance-based

formula rate tariff pursuant to subsection (c) of this Section,

or beginning no later than January 1, 2012 if such utility

files such performance-based formula rate tariff within 14 days

of the effective date of this amendatory Act of the 97th

General Assembly, and without obtaining any approvals from the

Commission or any other agency other than as set forth in this

Section, regardless of whether any such approval would

otherwise be required, a participating utility other than a

combination utility shall pay $10,000,000 per year for 5 years

and a participating utility that is a combination utility shall

pay $1,000,000 per year for 10 years to the energy low-income

and support program, which is intended to fund customer

assistance programs with the primary purpose being avoidance of

imminent disconnection. Such programs may include:

(1) a residential hardship program that may partner

with community-based organizations, including senior

citizen organizations, and provides grants to low-income

residential customers, including low-income senior

citizens, who demonstrate a hardship;

(2) a program that provides grants and other bill

payment concessions to veterans with disabilities disabled

veterans who demonstrate a hardship and members of the

armed services or reserve forces of the United States or

members of the Illinois National Guard who are on active

duty pursuant to an executive order of the President of the

United States, an act of the Congress of the United States,

or an order of the Governor and who demonstrate a hardship;

(3) a budget assistance program that provides tools and

education to low-income senior citizens to assist them with

obtaining information regarding energy usage and effective

means of managing energy costs;

(4) a non-residential special hardship program that

provides grants to non-residential customers such as small

businesses and non-profit organizations that demonstrate a

hardship, including those providing services to senior

citizen and low-income customers; and

(5) a performance-based assistance program that

provides grants to encourage residential customers to make

on-time payments by matching a portion of the customer's

payments or providing credits towards arrearages.

The payments made by a participating utility pursuant to

this subsection (b-10) shall not be a recoverable expense. A

participating utility may elect to fund either new or existing

customer assistance programs, including, but not limited to,

those that are administered by the utility.

Programs that use funds that are provided by a

participating utility to reduce utility bills may be

implemented through tariffs that are filed with and reviewed by

the Commission. If a utility elects to file tariffs with the

Commission to implement all or a portion of the programs, those

tariffs shall, regardless of the date actually filed, be deemed

accepted and approved, and shall become effective on the

effective date of this amendatory Act of the 97th General

Assembly. The participating utilities whose customers benefit

from the funds that are disbursed as contemplated in this

Section shall file annual reports documenting the disbursement

of those funds with the Commission. The Commission has the

authority to audit disbursement of the funds to ensure they

were disbursed consistently with this Section.

If the Commission finds that a participating utility is no

longer eligible to update the performance-based formula rate

tariff pursuant to subsection (d) of this Section, or the

performance-based formula rate is otherwise terminated, then

the participating utility's voluntary commitments and

obligations under this subsection (b-10) shall immediately

terminate.

(c) A participating utility may elect to recover its

delivery services costs through a performance-based formula

rate approved by the Commission, which shall specify the cost

components that form the basis of the rate charged to customers

with sufficient specificity to operate in a standardized manner

and be updated annually with transparent information that

reflects the utility's actual costs to be recovered during the

applicable rate year, which is the period beginning with the

first billing day of January and extending through the last

billing day of the following December. In the event the utility

recovers a portion of its costs through automatic adjustment

clause tariffs on the effective date of this amendatory Act of

the 97th General Assembly, the utility may elect to continue to

recover these costs through such tariffs, but then these costs

shall not be recovered through the performance-based formula

rate. In the event the participating utility, prior to the

effective date of this amendatory Act of the 97th General

Assembly, filed electric delivery services tariffs with the

Commission pursuant to Section 9-201 of this Act that are

related to the recovery of its electric delivery services costs

that are still pending on the effective date of this amendatory

Act of the 97th General Assembly, the participating utility

shall, at the time it files its performance-based formula rate

tariff with the Commission, also file a notice of withdrawal

with the Commission to withdraw the electric delivery services

tariffs previously filed pursuant to Section 9-201 of this Act.

Upon receipt of such notice, the Commission shall dismiss with

prejudice any docket that had been initiated to investigate the

electric delivery services tariffs filed pursuant to Section

9-201 of this Act, and such tariffs and the record related

thereto shall not be the subject of any further hearing,

investigation, or proceeding of any kind related to rates for

electric delivery services.

The performance-based formula rate shall be implemented

through a tariff filed with the Commission consistent with the

provisions of this subsection (c) that shall be applicable to

all delivery services customers. The Commission shall initiate

and conduct an investigation of the tariff in a manner

consistent with the provisions of this subsection (c) and the

provisions of Article IX of this Act to the extent they do not

conflict with this subsection (c). Except in the case where the

Commission finds, after notice and hearing, that a

participating utility is not satisfying its investment amount

commitments under subsection (b) of this Section, the

performance-based formula rate shall remain in effect at the

discretion of the utility. The performance-based formula rate

approved by the Commission shall do the following:

(1) Provide for the recovery of the utility's actual

costs of delivery services that are prudently incurred and

reasonable in amount consistent with Commission practice

and law. The sole fact that a cost differs from that

incurred in a prior calendar year or that an investment is

different from that made in a prior calendar year shall not

imply the imprudence or unreasonableness of that cost or

investment.

(2) Reflect the utility's actual year-end capital

structure for the applicable calendar year, excluding

goodwill, subject to a determination of prudence and

reasonableness consistent with Commission practice and

law.

(3) Include a cost of equity, which shall be calculated

as the sum of the following:

(A) the average for the applicable calendar year of

the monthly average yields of 30-year U.S. Treasury

bonds published by the Board of Governors of the

Federal Reserve System in its weekly H.15 Statistical

Release or successor publication; and

(B) 580 basis points.

At such time as the Board of Governors of the Federal

Reserve System ceases to include the monthly average yields

of 30-year U.S. Treasury bonds in its weekly H.15

Statistical Release or successor publication, the monthly

average yields of the U.S. Treasury bonds then having the

longest duration published by the Board of Governors in its

weekly H.15 Statistical Release or successor publication

shall instead be used for purposes of this paragraph (3).

(4) Permit and set forth protocols, subject to a

determination of prudence and reasonableness consistent

with Commission practice and law, for the following:

(A) recovery of incentive compensation expense

that is based on the achievement of operational

metrics, including metrics related to budget controls,

outage duration and frequency, safety, customer

service, efficiency and productivity, and

environmental compliance. Incentive compensation

expense that is based on net income or an affiliate's

earnings per share shall not be recoverable under the

performance-based formula rate;

(B) recovery of pension and other post-employment

benefits expense, provided that such costs are

supported by an actuarial study;

(C) recovery of severance costs, provided that if

the amount is over $3,700,000 for a participating

utility that is a combination utility or $10,000,000

for a participating utility that serves more than 3

million retail customers, then the full amount shall be

amortized consistent with subparagraph (F) of this

paragraph (4);

(D) investment return at a rate equal to the

utility's weighted average cost of long-term debt, on

the pension assets as, and in the amount, reported in

Account 186 (or in such other Account or Accounts as

such asset may subsequently be recorded) of the

utility's most recently filed FERC Form 1, net of

deferred tax benefits;

(E) recovery of the expenses related to the

Commission proceeding under this subsection (c) to

approve this performance-based formula rate and

initial rates or to subsequent proceedings related to

the formula, provided that the recovery shall be

amortized over a 3-year period; recovery of expenses

related to the annual Commission proceedings under

subsection (d) of this Section to review the inputs to

the performance-based formula rate shall be expensed

and recovered through the performance-based formula

rate;

(F) amortization over a 5-year period of the full

amount of each charge or credit that exceeds $3,700,000

for a participating utility that is a combination

utility or $10,000,000 for a participating utility

that serves more than 3 million retail customers in the

applicable calendar year and that relates to a

workforce reduction program's severance costs, changes

in accounting rules, changes in law, compliance with

any Commission-initiated audit, or a single storm or

other similar expense, provided that any unamortized

balance shall be reflected in rate base. For purposes

of this subparagraph (F), changes in law includes any

enactment, repeal, or amendment in a law, ordinance,

rule, regulation, interpretation, permit, license,

consent, or order, including those relating to taxes,

accounting, or to environmental matters, or in the

interpretation or application thereof by any

governmental authority occurring after the effective

date of this amendatory Act of the 97th General

Assembly;

(G) recovery of existing regulatory assets over

the periods previously authorized by the Commission;

(H) historical weather normalized billing

determinants; and

(I) allocation methods for common costs.

(5) Provide that if the participating utility's earned

rate of return on common equity related to the provision of

delivery services for the prior rate year (calculated using

costs and capital structure approved by the Commission as

provided in subparagraph (2) of this subsection (c),

consistent with this Section, in accordance with

Commission rules and orders, including, but not limited to,

adjustments for goodwill, and after any Commission-ordered

disallowances and taxes) is more than 50 basis points

higher than the rate of return on common equity calculated

pursuant to paragraph (3) of this subsection (c) (after

adjusting for any penalties to the rate of return on common

equity applied pursuant to the performance metrics

provision of subsection (f) of this Section), then the

participating utility shall apply a credit through the

performance-based formula rate that reflects an amount

equal to the value of that portion of the earned rate of

return on common equity that is more than 50 basis points

higher than the rate of return on common equity calculated

pursuant to paragraph (3) of this subsection (c) (after

adjusting for any penalties to the rate of return on common

equity applied pursuant to the performance metrics

provision of subsection (f) of this Section) for the prior

rate year, adjusted for taxes. If the participating

utility's earned rate of return on common equity related to

the provision of delivery services for the prior rate year

(calculated using costs and capital structure approved by

the Commission as provided in subparagraph (2) of this

subsection (c), consistent with this Section, in

accordance with Commission rules and orders, including,

but not limited to, adjustments for goodwill, and after any

Commission-ordered disallowances and taxes) is more than

50 basis points less than the return on common equity

calculated pursuant to paragraph (3) of this subsection (c)

(after adjusting for any penalties to the rate of return on

common equity applied pursuant to the performance metrics

provision of subsection (f) of this Section), then the

participating utility shall apply a charge through the

performance-based formula rate that reflects an amount

equal to the value of that portion of the earned rate of

return on common equity that is more than 50 basis points

less than the rate of return on common equity calculated

pursuant to paragraph (3) of this subsection (c) (after

adjusting for any penalties to the rate of return on common

equity applied pursuant to the performance metrics

provision of subsection (f) of this Section) for the prior

rate year, adjusted for taxes.

(6) Provide for an annual reconciliation, as described

in subsection (d) of this Section, with interest, of the

revenue requirement reflected in rates for each calendar

year, beginning with the calendar year in which the utility

files its performance-based formula rate tariff pursuant

to subsection (c) of this Section, with what the revenue

requirement would have been had the actual cost information

for the applicable calendar year been available at the

filing date.

The utility shall file, together with its tariff, final

data based on its most recently filed FERC Form 1, plus

projected plant additions and correspondingly updated

depreciation reserve and expense for the calendar year in which

the tariff and data are filed, that shall populate the

performance-based formula rate and set the initial delivery

services rates under the formula. For purposes of this Section,

"FERC Form 1" means the Annual Report of Major Electric

Utilities, Licensees and Others that electric utilities are

required to file with the Federal Energy Regulatory Commission

under the Federal Power Act, Sections 3, 4(a), 304 and 209,

modified as necessary to be consistent with 83 Ill. Admin. Code

Part 415 as of May 1, 2011. Nothing in this Section is intended

to allow costs that are not otherwise recoverable to be

recoverable by virtue of inclusion in FERC Form 1.

After the utility files its proposed performance-based

formula rate structure and protocols and initial rates, the

Commission shall initiate a docket to review the filing. The

Commission shall enter an order approving, or approving as

modified, the performance-based formula rate, including the

initial rates, as just and reasonable within 270 days after the

date on which the tariff was filed, or, if the tariff is filed

within 14 days after the effective date of this amendatory Act

of the 97th General Assembly, then by May 31, 2012. Such review

shall be based on the same evidentiary standards, including,

but not limited to, those concerning the prudence and

reasonableness of the costs incurred by the utility, the

Commission applies in a hearing to review a filing for a

general increase in rates under Article IX of this Act. The

initial rates shall take effect within 30 days after the

Commission's order approving the performance-based formula

rate tariff.

Until such time as the Commission approves a different rate

design and cost allocation pursuant to subsection (e) of this

Section, rate design and cost allocation across customer

classes shall be consistent with the Commission's most recent

order regarding the participating utility's request for a

general increase in its delivery services rates.

Subsequent changes to the performance-based formula rate

structure or protocols shall be made as set forth in Section

9-201 of this Act, but nothing in this subsection (c) is

intended to limit the Commission's authority under Article IX

and other provisions of this Act to initiate an investigation

of a participating utility's performance-based formula rate

tariff, provided that any such changes shall be consistent with

paragraphs (1) through (6) of this subsection (c). Any change

ordered by the Commission shall be made at the same time new

rates take effect following the Commission's next order

pursuant to subsection (d) of this Section, provided that the

new rates take effect no less than 30 days after the date on

which the Commission issues an order adopting the change.

A participating utility that files a tariff pursuant to

this subsection (c) must submit a one-time $200,000 filing fee

at the time the Chief Clerk of the Commission accepts the

filing, which shall be a recoverable expense.

In the event the performance-based formula rate is

terminated, the then current rates shall remain in effect until

such time as new rates are set pursuant to Article IX of this

Act, subject to retroactive rate adjustment, with interest, to

reconcile rates charged with actual costs. At such time that

the performance-based formula rate is terminated, the

participating utility's voluntary commitments and obligations

under subsection (b) of this Section shall immediately

terminate, except for the utility's obligation to pay an amount

already owed to the fund for training grants pursuant to a

Commission order issued under subsection (b) of this Section.

(d) Subsequent to the Commission's issuance of an order

approving the utility's performance-based formula rate

structure and protocols, and initial rates under subsection (c)

of this Section, the utility shall file, on or before May 1 of

each year, with the Chief Clerk of the Commission its updated

cost inputs to the performance-based formula rate for the

applicable rate year and the corresponding new charges. Each

such filing shall conform to the following requirements and

include the following information:

(1) The inputs to the performance-based formula rate

for the applicable rate year shall be based on final

historical data reflected in the utility's most recently

filed annual FERC Form 1 plus projected plant additions and

correspondingly updated depreciation reserve and expense

for the calendar year in which the inputs are filed. The

filing shall also include a reconciliation of the revenue

requirement that was in effect for the prior rate year (as

set by the cost inputs for the prior rate year) with the

actual revenue requirement for the prior rate year

(determined using a year-end rate base) that uses amounts

reflected in the applicable FERC Form 1 that reports the

actual costs for the prior rate year. Any over-collection

or under-collection indicated by such reconciliation shall

be reflected as a credit against, or recovered as an

additional charge to, respectively, with interest

calculated at a rate equal to the utility's weighted

average cost of capital approved by the Commission for the

prior rate year, the charges for the applicable rate year.

Provided, however, that the first such reconciliation

shall be for the calendar year in which the utility files

its performance-based formula rate tariff pursuant to

subsection (c) of this Section and shall reconcile (i) the

revenue requirement or requirements established by the

rate order or orders in effect from time to time during

such calendar year (weighted, as applicable) with (ii) the

revenue requirement determined using a year-end rate base

for that calendar year calculated pursuant to the

performance-based formula rate using (A) actual costs for

that year as reflected in the applicable FERC Form 1, and

(B) for the first such reconciliation only, the cost of

equity, which shall be calculated as the sum of 590 basis

points plus the average for the applicable calendar year of

the monthly average yields of 30-year U.S. Treasury bonds

published by the Board of Governors of the Federal Reserve

System in its weekly H.15 Statistical Release or successor

publication. The first such reconciliation is not intended

to provide for the recovery of costs previously excluded

from rates based on a prior Commission order finding of

imprudence or unreasonableness. Each reconciliation shall

be certified by the participating utility in the same

manner that FERC Form 1 is certified. The filing shall also

include the charge or credit, if any, resulting from the

calculation required by paragraph (6) of subsection (c) of

this Section.

Notwithstanding anything that may be to the contrary,

the intent of the reconciliation is to ultimately reconcile

the revenue requirement reflected in rates for each

calendar year, beginning with the calendar year in which

the utility files its performance-based formula rate

tariff pursuant to subsection (c) of this Section, with

what the revenue requirement determined using a year-end

rate base for the applicable calendar year would have been

had the actual cost information for the applicable calendar

year been available at the filing date.

(2) The new charges shall take effect beginning on the

first billing day of the following January billing period

and remain in effect through the last billing day of the

next December billing period regardless of whether the

Commission enters upon a hearing pursuant to this

subsection (d).

(3) The filing shall include relevant and necessary

data and documentation for the applicable rate year that is

consistent with the Commission's rules applicable to a

filing for a general increase in rates or any rules adopted

by the Commission to implement this Section. Normalization

adjustments shall not be required. Notwithstanding any

other provision of this Section or Act or any rule or other

requirement adopted by the Commission, a participating

utility that is a combination utility with more than one

rate zone shall not be required to file a separate set of

such data and documentation for each rate zone and may

combine such data and documentation into a single set of

schedules.

Within 45 days after the utility files its annual update of

cost inputs to the performance-based formula rate, the

Commission shall have the authority, either upon complaint or

its own initiative, but with reasonable notice, to enter upon a

hearing concerning the prudence and reasonableness of the costs

incurred by the utility to be recovered during the applicable

rate year that are reflected in the inputs to the

performance-based formula rate derived from the utility's FERC

Form 1. During the course of the hearing, each objection shall

be stated with particularity and evidence provided in support

thereof, after which the utility shall have the opportunity to

rebut the evidence. Discovery shall be allowed consistent with

the Commission's Rules of Practice, which Rules shall be

enforced by the Commission or the assigned hearing examiner.

The Commission shall apply the same evidentiary standards,

including, but not limited to, those concerning the prudence

and reasonableness of the costs incurred by the utility, in the

hearing as it would apply in a hearing to review a filing for a

general increase in rates under Article IX of this Act. The

Commission shall not, however, have the authority in a

proceeding under this subsection (d) to consider or order any

changes to the structure or protocols of the performance-based

formula rate approved pursuant to subsection (c) of this

Section. In a proceeding under this subsection (d), the

Commission shall enter its order no later than the earlier of

240 days after the utility's filing of its annual update of

cost inputs to the performance-based formula rate or December

31. The Commission's determinations of the prudence and

reasonableness of the costs incurred for the applicable

calendar year shall be final upon entry of the Commission's

order and shall not be subject to reopening, reexamination, or

collateral attack in any other Commission proceeding, case,

docket, order, rule or regulation, provided, however, that

nothing in this subsection (d) shall prohibit a party from

petitioning the Commission to rehear or appeal to the courts

the order pursuant to the provisions of this Act.

In the event the Commission does not, either upon complaint

or its own initiative, enter upon a hearing within 45 days

after the utility files the annual update of cost inputs to its

performance-based formula rate, then the costs incurred for the

applicable calendar year shall be deemed prudent and

reasonable, and the filed charges shall not be subject to

reopening, reexamination, or collateral attack in any other

proceeding, case, docket, order, rule, or regulation.

A participating utility's first filing of the updated cost

inputs, and any Commission investigation of such inputs

pursuant to this subsection (d) shall proceed notwithstanding

the fact that the Commission's investigation under subsection

(c) of this Section is still pending and notwithstanding any

other law, order, rule, or Commission practice to the contrary.

(e) Nothing in subsections (c) or (d) of this Section shall

prohibit the Commission from investigating, or a participating

utility from filing, revenue-neutral tariff changes related to

rate design of a performance-based formula rate that has been

placed into effect for the utility. Following approval of a

participating utility's performance-based formula rate tariff

pursuant to subsection (c) of this Section, the utility shall

make a filing with the Commission within one year after the

effective date of the performance-based formula rate tariff

that proposes changes to the tariff to incorporate the findings

of any final rate design orders of the Commission applicable to

the participating utility and entered subsequent to the

Commission's approval of the tariff. The Commission shall,

after notice and hearing, enter its order approving, or

approving with modification, the proposed changes to the

performance-based formula rate tariff within 240 days after the

utility's filing. Following such approval, the utility shall

make a filing with the Commission during each subsequent 3-year

period that either proposes revenue-neutral tariff changes or

re-files the existing tariffs without change, which shall

present the Commission with an opportunity to suspend the

tariffs and consider revenue-neutral tariff changes related to

rate design.

(f) Within 30 days after the filing of a tariff pursuant to

subsection (c) of this Section, each participating utility

shall develop and file with the Commission multi-year metrics

designed to achieve, ratably (i.e., in equal segments) over a

10-year period, improvement over baseline performance values

as follows:

(1) Twenty percent improvement in the System Average

Interruption Frequency Index, using a baseline of the

average of the data from 2001 through 2010.

(2) Fifteen percent improvement in the system Customer

Average Interruption Duration Index, using a baseline of

the average of the data from 2001 through 2010.

(3) For a participating utility other than a

combination utility, 20% improvement in the System Average

Interruption Frequency Index for its Southern Region,

using a baseline of the average of the data from 2001

through 2010. For purposes of this paragraph (3), Southern

Region shall have the meaning set forth in the

participating utility's most recent report filed pursuant

to Section 16-125 of this Act.

(3.5) For a participating utility other than a

combination utility, 20% improvement in the System Average

Interruption Frequency Index for its Northeastern Region,

using a baseline of the average of the data from 2001

through 2010. For purposes of this paragraph (3.5),

Northeastern Region shall have the meaning set forth in the

participating utility's most recent report filed pursuant

to Section 16-125 of this Act.

(4) Seventy-five percent improvement in the total

number of customers who exceed the service reliability

targets as set forth in subparagraphs (A) through (C) of

paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part

411.140 as of May 1, 2011, using 2010 as the baseline year.

(5) Reduction in issuance of estimated electric bills:

90% improvement for a participating utility other than a

combination utility, and 56% improvement for a

participating utility that is a combination utility, using

a baseline of the average number of estimated bills for the

years 2008 through 2010.

(6) Consumption on inactive meters: 90% improvement

for a participating utility other than a combination

utility, and 56% improvement for a participating utility

that is a combination utility, using a baseline of the

average unbilled kilowatthours for the years 2009 and 2010.

(7) Unaccounted for energy: 50% improvement for a

participating utility other than a combination utility

using a baseline of the non-technical line loss unaccounted

for energy kilowatthours for the year 2009.

(8) Uncollectible expense: reduce uncollectible

expense by at least $30,000,000 for a participating utility

other than a combination utility and by at least $3,500,000

for a participating utility that is a combination utility,

using a baseline of the average uncollectible expense for

the years 2008 through 2010.

(9) Opportunities for minority-owned and female-owned

business enterprises: design a performance metric

regarding the creation of opportunities for minority-owned

and female-owned business enterprises consistent with

State and federal law using a base performance value of the

percentage of the participating utility's capital

expenditures that were paid to minority-owned and

female-owned business enterprises in 2010.

The definitions set forth in 83 Ill. Admin. Code Part

411.20 as of May 1, 2011 shall be used for purposes of

calculating performance under paragraphs (1) through (3.5) of

this subsection (f), provided, however, that the participating

utility may exclude up to 9 extreme weather event days from

such calculation for each year, and provided further that the

participating utility shall exclude 9 extreme weather event

days when calculating each year of the baseline period to the

extent that there are 9 such days in a given year of the

baseline period. For purposes of this Section, an extreme

weather event day is a 24-hour calendar day (beginning at 12:00

a.m. and ending at 11:59 p.m.) during which any weather event

(e.g., storm, tornado) caused interruptions for 10,000 or more

of the participating utility's customers for 3 hours or more.

If there are more than 9 extreme weather event days in a year,

then the utility may choose no more than 9 extreme weather

event days to exclude, provided that the same extreme weather

event days are excluded from each of the calculations performed

under paragraphs (1) through (3.5) of this subsection (f).

The metrics shall include incremental performance goals

for each year of the 10-year period, which shall be designed to

demonstrate that the utility is on track to achieve the

performance goal in each category at the end of the 10-year

period. The utility shall elect when the 10-year period shall

commence for the metrics set forth in subparagraphs (1) through

(4) and (9) of this subsection (f), provided that it begins no

later than 14 months following the date on which the utility

begins investing pursuant to subsection (b) of this Section,

and when the 10-year period shall commence for the metrics set

forth in subparagraphs (5) through (8) of this subsection (f),

provided that it begins no later than 14 months following the

date on which the Commission enters its order approving the

utility's Advanced Metering Infrastructure Deployment Plan

pursuant to subsection (c) of Section 16-108.6 of this Act.

The metrics and performance goals set forth in

subparagraphs (5) through (8) of this subsection (f) are based

on the assumptions that the participating utility may fully

implement the technology described in subsection (b) of this

Section, including utilizing the full functionality of such

technology and that there is no requirement for personal

on-site notification. If the utility is unable to meet the

metrics and performance goals set forth in subparagraphs (5)

through (8) of this subsection (f) for such reasons, and the

Commission so finds after notice and hearing, then the utility

shall be excused from compliance, but only to the limited

extent achievement of the affected metrics and performance

goals was hindered by the less than full implementation.

(f-5) The financial penalties applicable to the metrics

described in subparagraphs (1) through (8) of subsection (f) of

this Section, as applicable, shall be applied through an

adjustment to the participating utility's return on equity of

no more than a total of 30 basis points in each of the first 3

years, of no more than a total of 34 basis points in each of the

3 years thereafter, and of no more than a total of 38 basis

points in each of the 4 years thereafter, as follows:

(1) With respect to each of the incremental annual

performance goals established pursuant to paragraph (1) of

subsection (f) of this Section,

(A) for each year that a participating utility

other than a combination utility does not achieve the

annual goal, the participating utility's return on

equity shall be reduced as follows: during years 1

through 3, by 5 basis points; during years 4 through 6,

by 6 basis points; and during years 7 through 10, by 7

basis points; and

(B) for each year that a participating utility that

is a combination utility does not achieve the annual

goal, the participating utility's return on equity

shall be reduced as follows: during years 1 through 3,

by 10 basis points; during years 4 through 6, by 12

basis points; and during years 7 through 10, by 14

basis points.

(2) With respect to each of the incremental annual

performance goals established pursuant to paragraph (2) of

subsection (f) of this Section, for each year that the

participating utility does not achieve each such goal, the

participating utility's return on equity shall be reduced

as follows: during years 1 through 3, by 5 basis points;

during years 4 through 6, by 6 basis points; and during

years 7 through 10, by 7 basis points.

(3) With respect to each of the incremental annual

performance goals established pursuant to paragraphs (3)

and (3.5) of subsection (f) of this Section, for each year

that a participating utility other than a combination

utility does not achieve both such goals, the participating

utility's return on equity shall be reduced as follows:

during years 1 through 3, by 5 basis points; during years 4

through 6, by 6 basis points; and during years 7 through

10, by 7 basis points.

(4) With respect to each of the incremental annual

performance goals established pursuant to paragraph (4) of

subsection (f) of this Section, for each year that the

participating utility does not achieve each such goal, the

participating utility's return on equity shall be reduced

as follows: during years 1 through 3, by 5 basis points;

during years 4 through 6, by 6 basis points; and during

years 7 through 10, by 7 basis points.

(5) With respect to each of the incremental annual

performance goals established pursuant to subparagraph (5)

of subsection (f) of this Section, for each year that the

participating utility does not achieve at least 95% of each

such goal, the participating utility's return on equity

shall be reduced by 5 basis points for each such unachieved

goal.

(6) With respect to each of the incremental annual

performance goals established pursuant to paragraphs (6),

(7), and (8) of subsection (f) of this Section, as

applicable, which together measure non-operational

customer savings and benefits relating to the

implementation of the Advanced Metering Infrastructure

Deployment Plan, as defined in Section 16-108.6 of this

Act, the performance under each such goal shall be

calculated in terms of the percentage of the goal achieved.

The percentage of goal achieved for each of the goals shall

be aggregated, and an average percentage value calculated,

for each year of the 10-year period. If the utility does

not achieve an average percentage value in a given year of

at least 95%, the participating utility's return on equity

shall be reduced by 5 basis points.

The financial penalties shall be applied as described in

this subsection (f-5) for the 12-month period in which the

deficiency occurred through a separate tariff mechanism, which

shall be filed by the utility together with its metrics. In the

event the formula rate tariff established pursuant to

subsection (c) of this Section terminates, the utility's

obligations under subsection (f) of this Section and this

subsection (f-5) shall also terminate, provided, however, that

the tariff mechanism established pursuant to subsection (f) of

this Section and this subsection (f-5) shall remain in effect

until any penalties due and owing at the time of such

termination are applied.

The Commission shall, after notice and hearing, enter an

order within 120 days after the metrics are filed approving, or

approving with modification, a participating utility's tariff

or mechanism to satisfy the metrics set forth in subsection (f)

of this Section. On June 1 of each subsequent year, each

participating utility shall file a report with the Commission

that includes, among other things, a description of how the

participating utility performed under each metric and an

identification of any extraordinary events that adversely

impacted the utility's performance. Whenever a participating

utility does not satisfy the metrics required pursuant to

subsection (f) of this Section, the Commission shall, after

notice and hearing, enter an order approving financial

penalties in accordance with this subsection (f-5). The

Commission-approved financial penalties shall be applied

beginning with the next rate year. Nothing in this Section

shall authorize the Commission to reduce or otherwise obviate

the imposition of financial penalties for failing to achieve

one or more of the metrics established pursuant to subparagraph

(1) through (4) of subsection (f) of this Section.

(g) On or before July 31, 2014, each participating utility

shall file a report with the Commission that sets forth the

average annual increase in the average amount paid per

kilowatthour for residential eligible retail customers,

exclusive of the effects of energy efficiency programs,

comparing the 12-month period ending May 31, 2012; the 12-month

period ending May 31, 2013; and the 12-month period ending May

31, 2014. For a participating utility that is a combination

utility with more than one rate zone, the weighted average

aggregate increase shall be provided. The report shall be filed

together with a statement from an independent auditor attesting

to the accuracy of the report. The cost of the independent

auditor shall be borne by the participating utility and shall

not be a recoverable expense. "The average amount paid per

kilowatthour" shall be based on the participating utility's

tariffed rates actually in effect and shall not be calculated

using any hypothetical rate or adjustments to actual charges

(other than as specified for energy efficiency) as an input.

In the event that the average annual increase exceeds 2.5%

as calculated pursuant to this subsection (g), then Sections

16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other

than this subsection, shall be inoperative as they relate to

the utility and its service area as of the date of the report

due to be submitted pursuant to this subsection and the utility

shall no longer be eligible to annually update the

performance-based formula rate tariff pursuant to subsection

(d) of this Section. In such event, the then current rates

shall remain in effect until such time as new rates are set

pursuant to Article IX of this Act, subject to retroactive

adjustment, with interest, to reconcile rates charged with

actual costs, and the participating utility's voluntary

commitments and obligations under subsection (b) of this

Section shall immediately terminate, except for the utility's

obligation to pay an amount already owed to the fund for

training grants pursuant to a Commission order issued under

subsection (b) of this Section.

In the event that the average annual increase is 2.5% or

less as calculated pursuant to this subsection (g), then the

performance-based formula rate shall remain in effect as set

forth in this Section.

For purposes of this Section, the amount per kilowatthour

means the total amount paid for electric service expressed on a

per kilowatthour basis, and the total amount paid for electric

service includes without limitation amounts paid for supply,

transmission, distribution, surcharges, and add-on taxes

exclusive of any increases in taxes or new taxes imposed after

the effective date of this amendatory Act of the 97th General

Assembly. For purposes of this Section, "eligible retail

customers" shall have the meaning set forth in Section 16-111.5

of this Act.

The fact that this Section becomes inoperative as set forth

in this subsection shall not be construed to mean that the

Commission may reexamine or otherwise reopen prudence or

reasonableness determinations already made.

(h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of

this Act, other than this subsection, are inoperative after

December 31, 2017 for every participating utility, after which

time a participating utility shall no longer be eligible to

annually update the performance-based formula rate tariff

pursuant to subsection (d) of this Section. At such time, the

then current rates shall remain in effect until such time as

new rates are set pursuant to Article IX of this Act, subject

to retroactive adjustment, with interest, to reconcile rates

charged with actual costs.

By December 31, 2017, the Commission shall prepare and file

with the General Assembly a report on the infrastructure

program and the performance-based formula rate. The report

shall include the change in the average amount per kilowatthour

paid by residential customers between June 1, 2011 and May 31,

2017. If the change in the total average rate paid exceeds 2.5%

compounded annually, the Commission shall include in the report

an analysis that shows the portion of the change due to the

delivery services component and the portion of the change due

to the supply component of the rate. The report shall include

separate sections for each participating utility.

In the event Sections 16-108.5, 16-108.6, 16-108.7, and

16-108.8 of this Act do not become inoperative after December

31, 2017, then these Sections are inoperative after December

31, 2022 for every participating utility, after which time a

participating utility shall no longer be eligible to annually

update the performance-based formula rate tariff pursuant to

subsection (d) of this Section. At such time, the then current

rates shall remain in effect until such time as new rates are

set pursuant to Article IX of this Act, subject to retroactive

adjustment, with interest, to reconcile rates charged with

actual costs.

The fact that this Section becomes inoperative as set forth

in this subsection shall not be construed to mean that the

Commission may reexamine or otherwise reopen prudence or

reasonableness determinations already made.

(i) While a participating utility may use, develop, and

maintain broadband systems and the delivery of broadband

services, voice-over-internet-protocol services,

telecommunications services, and cable and video programming

services for use in providing delivery services and Smart Grid

functionality or application to its retail customers,

including, but not limited to, the installation,

implementation and maintenance of Smart Grid electric system

upgrades as defined in Section 16-108.6 of this Act, a

participating utility is prohibited from offering to its retail

customers broadband services or the delivery of broadband

services, voice-over-internet-protocol services,

telecommunications services, or cable or video programming

services, unless they are part of a service directly related to

delivery services or Smart Grid functionality or applications

as defined in Section 16-108.6 of this Act, and from recovering

the costs of such offerings from retail customers.

(j) Nothing in this Section is intended to legislatively

overturn the opinion issued in Commonwealth Edison Co. v. Ill.

Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,

1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.

Ct. 2d Dist. Sept. 30, 2010). This amendatory Act of the 97th

General Assembly shall not be construed as creating a contract

between the General Assembly and the participating utility, and

shall not establish a property right in the participating

utility.

(k) The changes made in subsections (c) and (d) of this

Section by this amendatory Act of the 98th General Assembly are

intended to be a restatement and clarification of existing law,

and intended to give binding effect to the provisions of House

Resolution 1157 adopted by the House of Representatives of the

97th General Assembly and Senate Resolution 821 adopted by the

Senate of the 97th General Assembly that are reflected in

paragraph (3) of this subsection. In addition, this amendatory

Act of the 98th General Assembly preempts and supersedes any

final Commission orders entered in Docket Nos. 11-0721,

12-0001, 12-0293, and 12-0321 to the extent inconsistent with

the amendatory language added to subsections (c) and (d).

(1) No earlier than 5 business days after the effective

date of this amendatory Act of the 98th General Assembly,

each participating utility shall file any tariff changes

necessary to implement the amendatory language set forth in

subsections (c) and (d) of this Section by this amendatory

Act of the 98th General Assembly and a revised revenue

requirement under the participating utility's

performance-based formula rate. The Commission shall enter

a final order approving such tariff changes and revised

revenue requirement within 21 days after the participating

utility's filing.

(2) Notwithstanding anything that may be to the

contrary, a participating utility may file a tariff to

retroactively recover its previously unrecovered actual

costs of delivery service that are no longer subject to

recovery through a reconciliation adjustment under

subsection (d) of this Section. This retroactive recovery

shall include any derivative adjustments resulting from

the changes to subsections (c) and (d) of this Section by

this amendatory Act of the 98th General Assembly. Such

tariff shall allow the utility to assess, on current

customer bills over a period of 12 monthly billing periods,

a charge or credit related to those unrecovered costs with

interest at the utility's weighted average cost of capital

during the period in which those costs were unrecovered. A

participating utility may file a tariff that implements a

retroactive charge or credit as described in this paragraph

for amounts not otherwise included in the tariff filing

provided for in paragraph (1) of this subsection (k). The

Commission shall enter a final order approving such tariff

within 21 days after the participating utility's filing.

(3) The tariff changes described in paragraphs (1) and

(2) of this subsection (k) shall relate only to, and be

consistent with, the following provisions of this

amendatory Act of the 98th General Assembly: paragraph (2)

of subsection (c) regarding year-end capital structure,

subparagraph (D) of paragraph (4) of subsection (c)

regarding pension assets, and subsection (d) regarding the

reconciliation components related to year-end rate base

and interest calculated at a rate equal to the utility's

weighted average cost of capital.

(4) Nothing in this subsection is intended to effect a

dismissal of or otherwise affect an appeal from any final

Commission orders entered in Docket Nos. 11-0721, 12-0001,

12-0293, and 12-0321 other than to the extent of the

amendatory language contained in subsections (c) and (d) of

this amendatory Act of the 98th General Assembly.

(l) Each participating utility shall be deemed to have been

in full compliance with all requirements of subsection (b) of

this Section, subsection (c) of this Section, Section 16-108.6

of this Act, and all Commission orders entered pursuant to

Sections 16-108.5 and 16-108.6 of this Act, up to and including

the effective date of this amendatory Act of the 98th General

Assembly. The Commission shall not undertake any investigation

of such compliance and no penalty shall be assessed or adverse

action taken against a participating utility for noncompliance

with Commission orders associated with subsection (b) of this

Section, subsection (c) of this Section, and Section 16-108.6

of this Act prior to such date. Each participating utility

other than a combination utility shall be permitted, without

penalty, a period of 12 months after such effective date to

take actions required to ensure its infrastructure investment

program is in compliance with subsection (b) of this Section

and with Section 16-108.6 of this Act. Provided further:

(1) if this amendatory Act of the 98th General Assembly

takes effect on or before June 15, 2013, the following

subparagraphs shall apply to a participating utility other

than a combination utility:

(A) if the Commission has initiated a proceeding

pursuant to subsection (e) of Section 16-108.6 of this

Act that is pending as of the effective date of this

amendatory Act of the 98th General Assembly, then the

order entered in such proceeding shall, after notice

and hearing, accelerate the commencement of the meter

deployment schedule approved in the final Commission

order on rehearing entered in Docket No. 12-0298;

(B) if the Commission has entered an order pursuant

to subsection (e) of Section 16-108.6 of this Act prior

to the effective date of this amendatory Act of the

98th General Assembly that does not accelerate the

commencement of the meter deployment schedule approved

in the final Commission order on rehearing entered in

Docket No. 12-0298, then the utility shall file with

the Commission, within 45 days after such effective

date, a plan for accelerating the commencement of the

utility's meter deployment schedule approved in the

final Commission order on rehearing entered in Docket

No. 12-0298; the Commission shall reopen the

proceeding in which it entered its order pursuant to

subsection (e) of Section 16-108.6 of this Act and

shall, after notice and hearing, enter an amendatory

order that approves or approves as modified such

accelerated plan within 90 days after the utility's

filing; or

(C) if the Commission has not initiated a

proceeding pursuant to subsection (e) of Section

16-108.6 of this Act prior to the effective date of

this amendatory Act of the 98th General Assembly, then

the utility shall file with the Commission, within 45

days after such effective date, a plan for accelerating

the commencement of the utility's meter deployment

schedule approved in the final Commission order on

rehearing entered in Docket No. 12-0298 and the

Commission shall, after notice and hearing, approve or

approve as modified such plan within 90 days after the

utility's filing;

(2) if this amendatory Act of the 98th General Assembly

takes effect after June 15, 2013, then each participating

utility other than a combination utility shall file with

the Commission, within 45 days after such effective date, a

plan for accelerating the commencement of the utility's

meter deployment schedule approved in the final Commission

order on rehearing entered in Docket No. 12-0298; the

Commission shall reopen the most recent proceeding in which

it entered an order pursuant to subsection (e) of Section

16-108.6 of this Act and within 90 days after the utility's

filing shall, after notice and hearing, enter an amendatory

order that approves or approves as modified such

accelerated plan, provided that if there was no such prior

proceeding the Commission shall open a new proceeding and

within 90 days after the utility's filing shall, after

notice and hearing, enter an order that approves or

approves as modified such accelerated plan.

Any schedule for meter deployment approved by the

Commission pursuant to subparagraphs (1) or (2) of this

subsection (l) shall take into consideration procurement times

for meters and other equipment and operational issues. Nothing

in this amendatory Act of the 98th General Assembly shall

shorten or extend the end dates for the 5-year or 10-year

periods set forth in subsection (b) of this Section or Section

16-108.6 of this Act. Nothing in this subsection is intended to

address whether a participating utility has, or has not,

satisfied any or all of the metrics and performance goals

established pursuant to subsection (f) of this Section.

(m) The provisions of this amendatory Act of the 98th

General Assembly are severable under Section 1.31 of the

Statute on Statutes.

(Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11;

98-15, eff. 5-22-13.)

Section 560. The Citizens Utility Board Act is amended by

changing Section 9 as follows:

(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)

Sec. 9. Mailing procedure.

(1) As used in this Section:

(a) "Enclosure" means a card, leaflet, envelope or

combination thereof furnished by the corporation under

this Section.

(b) "Mailing" means any communication by a State

agency, other than a mailing made under the Senior Citizens

and Persons with Disabilities Disabled Persons Property

Tax Relief Act, that is sent through the United States

Postal Service to more than 50,000 persons within a

12-month period.

(c) "State agency" means any officer, department,

board, commission, institution or entity of the executive

or legislative branches of State government.

(2) To accomplish its powers and duties under Section 5

this Act, the corporation, subject to the following

limitations, may prepare and furnish to any State agency an

enclosure to be included with a mailing by that agency.

(a) A State agency furnished with an enclosure shall

include the enclosure within the mailing designated by the

corporation.

(b) An enclosure furnished by the corporation under

this Section shall be provided to the State agency a

reasonable period of time in advance of the mailing.

(c) An enclosure furnished by the corporation under

this Section shall be limited to informing the reader of

the purpose, nature and activities of the corporation as

set forth in this Act and informing the reader that it may

become a member in the corporation, maintain membership in

the corporation and contribute money to the corporation

directly.

(d) Prior to furnishing an enclosure to the State

agency, the corporation shall seek and obtain approval of

the content of the enclosure from the Illinois Commerce

Commission. The Commission shall approve the enclosure if

it determines that the enclosure (i) is not false or

misleading and (ii) satisfies the requirements of this Act.

The Commission shall be deemed to have approved the

enclosure unless it disapproves the enclosure within 14

days from the date of receipt.

(3) The corporation shall reimburse each State agency for

all reasonable incremental costs incurred by the State agency

in complying with this Section above the agency's normal

mailing and handling costs, provided that:

(a) The State agency shall first furnish the

corporation with an itemized accounting of such additional

cost; and

(b) The corporation shall not be required to reimburse

the State agency for postage costs if the weight of the

corporation's enclosure does not exceed .35 ounce

avoirdupois. If the corporation's enclosure exceeds that

weight, then it shall only be required to reimburse the

State agency for postage cost over and above what the

agency's postage cost would have been had the enclosure

weighed only .35 ounce avoirdupois.

(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

Section 565. The Child Care Act of 1969 is amended by

changing Sections 2.06, 2.09, 4.2, and 7 as follows:

(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)

Sec. 2.06. "Child care institution" means a child care

facility where more than 7 children are received and maintained

for the purpose of providing them with care or training or

both. The term "child care institution" includes residential

schools, primarily serving ambulatory children with

disabilities handicapped children, and those operating a full

calendar year, but does not include:

(a) Any State-operated institution for child care

established by legislative action;

(b) Any juvenile detention or shelter care home established

and operated by any county or child protection district

established under the "Child Protection Act";

(c) Any institution, home, place or facility operating

under a license pursuant to the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, or the

ID/DD Community Care Act;

(d) Any bona fide boarding school in which children are

primarily taught branches of education corresponding to those

taught in public schools, grades one through 12, or taught in

public elementary schools, high schools, or both elementary and

high schools, and which operates on a regular academic school

year basis; or

(e) Any facility licensed as a "group home" as defined in

this Act.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 98-104, eff. 7-22-13.)

(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)

Sec. 2.09. "Day care center" means any child care facility

which regularly provides day care for less than 24 hours per

day for (1) more than 8 children in a family home, or (2) more

than 3 children in a facility other than a family home,

including senior citizen buildings. The term does not include

(a) programs operated by (i) public or private elementary

school systems or secondary level school units or institutions

of higher learning that serve children who shall have attained

the age of 3 years or (ii) private entities on the grounds of

public or private elementary or secondary schools and that

serve children who have attained the age of 3 years, except

that this exception applies only to the facility and not to the

private entities' personnel operating the program; (b)

programs or that portion of the program which serves children

who shall have attained the age of 3 years and which are

recognized by the State Board of Education; (c) educational

program or programs serving children who shall have attained

the age of 3 years and which are operated by a school which is

registered with the State Board of Education and which is

recognized or accredited by a recognized national or multistate

educational organization or association which regularly

recognizes or accredits schools; (d) programs which

exclusively serve or that portion of the program which serves

children with disabilities handicapped children who shall have

attained the age of 3 years but are less than 21 years of age

and which are registered and approved as meeting standards of

the State Board of Education and applicable fire marshal

standards; (e) facilities operated in connection with a

shopping center or service, religious services, or other

similar facility, where transient children are cared for

temporarily while parents or custodians of the children are

occupied on the premises and readily available; (f) any type of

day care center that is conducted on federal government

premises; (g) special activities programs, including

athletics, crafts instruction and similar activities conducted

on an organized and periodic basis by civic, charitable and

governmental organizations; (h) part day child care

facilities, as defined in Section 2.10 of this Act; or (i)

programs or that portion of the program which (1) serves

children who shall have attained the age of 3 years, (2) is

operated by churches or religious institutions as described in

Section 501 (c) (3) of the federal Internal Revenue Code, (3)

receives no governmental aid, (4) is operated as a component of

a religious, nonprofit elementary school, (5) operates

primarily to provide religious education, and (6) meets

appropriate State or local health and fire safety standards.

For purposes of (a), (b), (c), (d) and (i) of this Section,

"children who shall have attained the age of 3 years" shall

mean children who are 3 years of age, but less than 4 years of

age, at the time of enrollment in the program.

(Source: P.A. 92-659, eff. 7-16-02.)

(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)

Sec. 4.2. (a) No applicant may receive a license from the

Department and no person may be employed by a licensed child

care facility who refuses to authorize an investigation as

required by Section 4.1.

(b) In addition to the other provisions of this Section, no

applicant may receive a license from the Department and no

person may be employed by a child care facility licensed by the

Department who has been declared a sexually dangerous person

under "An Act in relation to sexually dangerous persons, and

providing for their commitment, detention and supervision",

approved July 6, 1938, as amended, or convicted of committing

or attempting to commit any of the following offenses

stipulated under the Criminal Code of 1961 or the Criminal Code

of 2012:

(1) murder;

(1.1) solicitation of murder;

(1.2) solicitation of murder for hire;

(1.3) intentional homicide of an unborn child;

(1.4) voluntary manslaughter of an unborn child;

(1.5) involuntary manslaughter;

(1.6) reckless homicide;

(1.7) concealment of a homicidal death;

(1.8) involuntary manslaughter of an unborn child;

(1.9) reckless homicide of an unborn child;

(1.10) drug-induced homicide;

(2) a sex offense under Article 11, except offenses

described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

11-40, and 11-45;

(3) kidnapping;

(3.1) aggravated unlawful restraint;

(3.2) forcible detention;

(3.3) harboring a runaway;

(3.4) aiding and abetting child abduction;

(4) aggravated kidnapping;

(5) child abduction;

(6) aggravated battery of a child as described in

Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;

(7) criminal sexual assault;

(8) aggravated criminal sexual assault;

(8.1) predatory criminal sexual assault of a child;

(9) criminal sexual abuse;

(10) aggravated sexual abuse;

(11) heinous battery as described in Section 12-4.1 or

subdivision (a)(2) of Section 12-3.05;

(12) aggravated battery with a firearm as described in

Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or

(e)(4) of Section 12-3.05;

(13) tampering with food, drugs, or cosmetics;

(14) drug induced infliction of great bodily harm as

described in Section 12-4.7 or subdivision (g)(1) of

Section 12-3.05;

(15) hate crime;

(16) stalking;

(17) aggravated stalking;

(18) threatening public officials;

(19) home invasion;

(20) vehicular invasion;

(21) criminal transmission of HIV;

(22) criminal abuse or neglect of an elderly person or

person with a disability or disabled person as described in

Section 12-21 or subsection (e) (b) of Section 12-4.4a;

(23) child abandonment;

(24) endangering the life or health of a child;

(25) ritual mutilation;

(26) ritualized abuse of a child;

(27) an offense in any other jurisdiction the elements

of which are similar and bear a substantial relationship to

any of the foregoing offenses.

(b-1) In addition to the other provisions of this Section,

beginning January 1, 2004, no new applicant and, on the date of

licensure renewal, no current licensee may operate or receive a

license from the Department to operate, no person may be

employed by, and no adult person may reside in a child care

facility licensed by the Department who has been convicted of

committing or attempting to commit any of the following

offenses or an offense in any other jurisdiction the elements

of which are similar and bear a substantial relationship to any

of the following offenses:

(I) BODILY HARM

(1) Felony aggravated assault.

(2) Vehicular endangerment.

(3) Felony domestic battery.

(4) Aggravated battery.

(5) Heinous battery.

(6) Aggravated battery with a firearm.

(7) Aggravated battery of an unborn child.

(8) Aggravated battery of a senior citizen.

(9) Intimidation.

(10) Compelling organization membership of persons.

(11) Abuse and criminal neglect of a long term care

facility resident.

(12) Felony violation of an order of protection.

(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

(1) Felony unlawful use of weapons.

(2) Aggravated discharge of a firearm.

(3) Reckless discharge of a firearm.

(4) Unlawful use of metal piercing bullets.

(5) Unlawful sale or delivery of firearms on the

premises of any school.

(6) Disarming a police officer.

(7) Obstructing justice.

(8) Concealing or aiding a fugitive.

(9) Armed violence.

(10) Felony contributing to the criminal delinquency

of a juvenile.

(III) DRUG OFFENSES

(1) Possession of more than 30 grams of cannabis.

(2) Manufacture of more than 10 grams of cannabis.

(3) Cannabis trafficking.

(4) Delivery of cannabis on school grounds.

(5) Unauthorized production of more than 5 cannabis

sativa plants.

(6) Calculated criminal cannabis conspiracy.

(7) Unauthorized manufacture or delivery of controlled

substances.

(8) Controlled substance trafficking.

(9) Manufacture, distribution, or advertisement of

look-alike substances.

(10) Calculated criminal drug conspiracy.

(11) Street gang criminal drug conspiracy.

(12) Permitting unlawful use of a building.

(13) Delivery of controlled, counterfeit, or

look-alike substances to persons under age 18, or at truck

stops, rest stops, or safety rest areas, or on school

property.

(14) Using, engaging, or employing persons under 18 to

deliver controlled, counterfeit, or look-alike substances.

(15) Delivery of controlled substances.

(16) Sale or delivery of drug paraphernalia.

(17) Felony possession, sale, or exchange of

instruments adapted for use of a controlled substance,

methamphetamine, or cannabis by subcutaneous injection.

(18) Felony possession of a controlled substance.

(19) Any violation of the Methamphetamine Control and

Community Protection Act.

(b-1.5) In addition to any other provision of this Section,

for applicants with access to confidential financial

information or who submit documentation to support billing, no

applicant whose initial application was considered after the

effective date of this amendatory Act of the 97th General

Assembly may receive a license from the Department or a child

care facility licensed by the Department who has been convicted

of committing or attempting to commit any of the following

felony offenses:

(1) financial institution fraud under Section 17-10.6

of the Criminal Code of 1961 or the Criminal Code of 2012;

(2) identity theft under Section 16-30 of the Criminal

Code of 1961 or the Criminal Code of 2012;

(3) financial exploitation of an elderly person or a

person with a disability under Section 17-56 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(4) computer tampering under Section 17-51 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(5) aggravated computer tampering under Section 17-52

of the Criminal Code of 1961 or the Criminal Code of 2012;

(6) computer fraud under Section 17-50 of the Criminal

Code of 1961 or the Criminal Code of 2012;

(7) deceptive practices under Section 17-1 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(8) forgery under Section 17-3 of the Criminal Code of

1961 or the Criminal Code of 2012;

(9) State benefits fraud under Section 17-6 of the

Criminal Code of 1961 or the Criminal Code of 2012;

(10) mail fraud and wire fraud under Section 17-24 of

the Criminal Code of 1961 or the Criminal Code of 2012;

(11) theft under paragraphs (1.1) through (11) of

subsection (b) of Section 16-1 of the Criminal Code of 1961

or the Criminal Code of 2012.

(b-2) Notwithstanding subsection (b-1), the Department may

make an exception and, for child care facilities other than

foster family homes, issue a new child care facility license to

or renew the existing child care facility license of an

applicant, a person employed by a child care facility, or an

applicant who has an adult residing in a home child care

facility who was convicted of an offense described in

subsection (b-1), provided that all of the following

requirements are met:

(1) The relevant criminal offense occurred more than 5

years prior to the date of application or renewal, except

for drug offenses. The relevant drug offense must have

occurred more than 10 years prior to the date of

application or renewal, unless the applicant passed a drug

test, arranged and paid for by the child care facility, no

less than 5 years after the offense.

(2) The Department must conduct a background check and

assess all convictions and recommendations of the child

care facility to determine if hiring or licensing the

applicant is in accordance with Department administrative

rules and procedures.

(3) The applicant meets all other requirements and

qualifications to be licensed as the pertinent type of

child care facility under this Act and the Department's

administrative rules.

(c) In addition to the other provisions of this Section, no

applicant may receive a license from the Department to operate

a foster family home, and no adult person may reside in a

foster family home licensed by the Department, who has been

convicted of committing or attempting to commit any of the

following offenses stipulated under the Criminal Code of 1961,

the Criminal Code of 2012, the Cannabis Control Act, the

Methamphetamine Control and Community Protection Act, and the

Illinois Controlled Substances Act:

(I) OFFENSES DIRECTED AGAINST THE PERSON

(A) KIDNAPPING AND RELATED OFFENSES

(1) Unlawful restraint.

(B) BODILY HARM

(2) Felony aggravated assault.

(3) Vehicular endangerment.

(4) Felony domestic battery.

(5) Aggravated battery.

(6) Heinous battery.

(7) Aggravated battery with a firearm.

(8) Aggravated battery of an unborn child.

(9) Aggravated battery of a senior citizen.

(10) Intimidation.

(11) Compelling organization membership of persons.

(12) Abuse and criminal neglect of a long term care

facility resident.

(13) Felony violation of an order of protection.

(II) OFFENSES DIRECTED AGAINST PROPERTY

(14) Felony theft.

(15) Robbery.

(16) Armed robbery.

(17) Aggravated robbery.

(18) Vehicular hijacking.

(19) Aggravated vehicular hijacking.

(20) Burglary.

(21) Possession of burglary tools.

(22) Residential burglary.

(23) Criminal fortification of a residence or

building.

(24) Arson.

(25) Aggravated arson.

(26) Possession of explosive or explosive incendiary

devices.

(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

(27) Felony unlawful use of weapons.

(28) Aggravated discharge of a firearm.

(29) Reckless discharge of a firearm.

(30) Unlawful use of metal piercing bullets.

(31) Unlawful sale or delivery of firearms on the

premises of any school.

(32) Disarming a police officer.

(33) Obstructing justice.

(34) Concealing or aiding a fugitive.

(35) Armed violence.

(36) Felony contributing to the criminal delinquency

of a juvenile.

(IV) DRUG OFFENSES

(37) Possession of more than 30 grams of cannabis.

(38) Manufacture of more than 10 grams of cannabis.

(39) Cannabis trafficking.

(40) Delivery of cannabis on school grounds.

(41) Unauthorized production of more than 5 cannabis

sativa plants.

(42) Calculated criminal cannabis conspiracy.

(43) Unauthorized manufacture or delivery of

controlled substances.

(44) Controlled substance trafficking.

(45) Manufacture, distribution, or advertisement of

look-alike substances.

(46) Calculated criminal drug conspiracy.

(46.5) Streetgang criminal drug conspiracy.

(47) Permitting unlawful use of a building.

(48) Delivery of controlled, counterfeit, or

look-alike substances to persons under age 18, or at truck

stops, rest stops, or safety rest areas, or on school

property.

(49) Using, engaging, or employing persons under 18 to

deliver controlled, counterfeit, or look-alike substances.

(50) Delivery of controlled substances.

(51) Sale or delivery of drug paraphernalia.

(52) Felony possession, sale, or exchange of

instruments adapted for use of a controlled substance,

methamphetamine, or cannabis by subcutaneous injection.

(53) Any violation of the Methamphetamine Control and

Community Protection Act.

(d) Notwithstanding subsection (c), the Department may

make an exception and issue a new foster family home license or

may renew an existing foster family home license of an

applicant who was convicted of an offense described in

subsection (c), provided all of the following requirements are

met:

(1) The relevant criminal offense or offenses occurred

more than 10 years prior to the date of application or

renewal.

(2) The applicant had previously disclosed the

conviction or convictions to the Department for purposes of

a background check.

(3) After the disclosure, the Department either placed

a child in the home or the foster family home license was

issued.

(4) During the background check, the Department had

assessed and waived the conviction in compliance with the

existing statutes and rules in effect at the time of the

hire or licensure.

(5) The applicant meets all other requirements and

qualifications to be licensed as a foster family home under

this Act and the Department's administrative rules.

(6) The applicant has a history of providing a safe,

stable home environment and appears able to continue to

provide a safe, stable home environment.

(e) In evaluating the exception pursuant to subsections

(b-2) and (d), the Department must carefully review any

relevant documents to determine whether the applicant, despite

the disqualifying convictions, poses a substantial risk to

State resources or clients. In making such a determination, the

following guidelines shall be used:

(1) the age of the applicant when the offense was

committed;

(2) the circumstances surrounding the offense;

(3) the length of time since the conviction;

(4) the specific duties and responsibilities

necessarily related to the license being applied for and

the bearing, if any, that the applicant's conviction

history may have on his or her fitness to perform these

duties and responsibilities;

(5) the applicant's employment references;

(6) the applicant's character references and any

certificates of achievement;

(7) an academic transcript showing educational

attainment since the disqualifying conviction;

(8) a Certificate of Relief from Disabilities or

Certificate of Good Conduct; and

(9) anything else that speaks to the applicant's

character.

(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11;

96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff.

7-31-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

(225 ILCS 10/7) (from Ch. 23, par. 2217)

Sec. 7. (a) The Department must prescribe and publish

minimum standards for licensing that apply to the various types

of facilities for child care defined in this Act and that are

equally applicable to like institutions under the control of

the Department and to foster family homes used by and under the

direct supervision of the Department. The Department shall seek

the advice and assistance of persons representative of the

various types of child care facilities in establishing such

standards. The standards prescribed and published under this

Act take effect as provided in the Illinois Administrative

Procedure Act, and are restricted to regulations pertaining to

the following matters and to any rules and regulations required

or permitted by any other Section of this Act:

(1) The operation and conduct of the facility and

responsibility it assumes for child care;

(2) The character, suitability and qualifications of

the applicant and other persons directly responsible for

the care and welfare of children served. All child day care

center licensees and employees who are required to report

child abuse or neglect under the Abused and Neglected Child

Reporting Act shall be required to attend training on

recognizing child abuse and neglect, as prescribed by

Department rules;

(3) The general financial ability and competence of the

applicant to provide necessary care for children and to

maintain prescribed standards;

(4) The number of individuals or staff required to

insure adequate supervision and care of the children

received. The standards shall provide that each child care

institution, maternity center, day care center, group

home, day care home, and group day care home shall have on

its premises during its hours of operation at least one

staff member certified in first aid, in the Heimlich

maneuver and in cardiopulmonary resuscitation by the

American Red Cross or other organization approved by rule

of the Department. Child welfare agencies shall not be

subject to such a staffing requirement. The Department may

offer, or arrange for the offering, on a periodic basis in

each community in this State in cooperation with the

American Red Cross, the American Heart Association or other

appropriate organization, voluntary programs to train

operators of foster family homes and day care homes in

first aid and cardiopulmonary resuscitation;

(5) The appropriateness, safety, cleanliness and

general adequacy of the premises, including maintenance of

adequate fire prevention and health standards conforming

to State laws and municipal codes to provide for the

physical comfort, care and well-being of children

received;

(6) Provisions for food, clothing, educational

opportunities, program, equipment and individual supplies

to assure the healthy physical, mental and spiritual

development of children served;

(7) Provisions to safeguard the legal rights of

children served;

(8) Maintenance of records pertaining to the

admission, progress, health and discharge of children,

including, for day care centers and day care homes, records

indicating each child has been immunized as required by

State regulations. The Department shall require proof that

children enrolled in a facility have been immunized against

Haemophilus Influenzae B (HIB);

(9) Filing of reports with the Department;

(10) Discipline of children;

(11) Protection and fostering of the particular

religious faith of the children served;

(12) Provisions prohibiting firearms on day care

center premises except in the possession of peace officers;

(13) Provisions prohibiting handguns on day care home

premises except in the possession of peace officers or

other adults who must possess a handgun as a condition of

employment and who reside on the premises of a day care

home;

(14) Provisions requiring that any firearm permitted

on day care home premises, except handguns in the

possession of peace officers, shall be kept in a

disassembled state, without ammunition, in locked storage,

inaccessible to children and that ammunition permitted on

day care home premises shall be kept in locked storage

separate from that of disassembled firearms, inaccessible

to children;

(15) Provisions requiring notification of parents or

guardians enrolling children at a day care home of the

presence in the day care home of any firearms and

ammunition and of the arrangements for the separate, locked

storage of such firearms and ammunition; and

(16) Provisions requiring all licensed child care

facility employees who care for newborns and infants to

complete training every 3 years on the nature of sudden

unexpected infant death (SUID), sudden infant death

syndrome (SIDS), and the safe sleep recommendations of the

American Academy of Pediatrics.

(b) If, in a facility for general child care, there are

children diagnosed as mentally ill or children diagnosed as

having an intellectual or physical disability , intellectually

disabled or physically handicapped, who are determined to be in

need of special mental treatment or of nursing care, or both

mental treatment and nursing care, the Department shall seek

the advice and recommendation of the Department of Human

Services, the Department of Public Health, or both Departments

regarding the residential treatment and nursing care provided

by the institution.

(c) The Department shall investigate any person applying to

be licensed as a foster parent to determine whether there is

any evidence of current drug or alcohol abuse in the

prospective foster family. The Department shall not license a

person as a foster parent if drug or alcohol abuse has been

identified in the foster family or if a reasonable suspicion of

such abuse exists, except that the Department may grant a

foster parent license to an applicant identified with an

alcohol or drug problem if the applicant has successfully

participated in an alcohol or drug treatment program, self-help

group, or other suitable activities.

(d) The Department, in applying standards prescribed and

published, as herein provided, shall offer consultation

through employed staff or other qualified persons to assist

applicants and licensees in meeting and maintaining minimum

requirements for a license and to help them otherwise to

achieve programs of excellence related to the care of children

served. Such consultation shall include providing information

concerning education and training in early childhood

development to providers of day care home services. The

Department may provide or arrange for such education and

training for those providers who request such assistance.

(e) The Department shall distribute copies of licensing

standards to all licensees and applicants for a license. Each

licensee or holder of a permit shall distribute copies of the

appropriate licensing standards and any other information

required by the Department to child care facilities under its

supervision. Each licensee or holder of a permit shall maintain

appropriate documentation of the distribution of the

standards. Such documentation shall be part of the records of

the facility and subject to inspection by authorized

representatives of the Department.

(f) The Department shall prepare summaries of day care

licensing standards. Each licensee or holder of a permit for a

day care facility shall distribute a copy of the appropriate

summary and any other information required by the Department,

to the legal guardian of each child cared for in that facility

at the time when the child is enrolled or initially placed in

the facility. The licensee or holder of a permit for a day care

facility shall secure appropriate documentation of the

distribution of the summary and brochure. Such documentation

shall be a part of the records of the facility and subject to

inspection by an authorized representative of the Department.

(g) The Department shall distribute to each licensee and

holder of a permit copies of the licensing or permit standards

applicable to such person's facility. Each licensee or holder

of a permit shall make available by posting at all times in a

common or otherwise accessible area a complete and current set

of licensing standards in order that all employees of the

facility may have unrestricted access to such standards. All

employees of the facility shall have reviewed the standards and

any subsequent changes. Each licensee or holder of a permit

shall maintain appropriate documentation of the current review

of licensing standards by all employees. Such records shall be

part of the records of the facility and subject to inspection

by authorized representatives of the Department.

(h) Any standards involving physical examinations,

immunization, or medical treatment shall include appropriate

exemptions for children whose parents object thereto on the

grounds that they conflict with the tenets and practices of a

recognized church or religious organization, of which the

parent is an adherent or member, and for children who should

not be subjected to immunization for clinical reasons.

(i) The Department, in cooperation with the Department of

Public Health, shall work to increase immunization awareness

and participation among parents of children enrolled in day

care centers and day care homes by publishing on the

Department's website information about the benefits of

immunization against vaccine preventable diseases, including

influenza and pertussis. The information for vaccine

preventable diseases shall include the incidence and severity

of the diseases, the availability of vaccines, and the

importance of immunizing children and persons who frequently

have close contact with children. The website content shall be

reviewed annually in collaboration with the Department of

Public Health to reflect the most current recommendations of

the Advisory Committee on Immunization Practices (ACIP). The

Department shall work with day care centers and day care homes

licensed under this Act to ensure that the information is

annually distributed to parents in August or September.

(j) Any standard adopted by the Department that requires an

applicant for a license to operate a day care home to include a

copy of a high school diploma or equivalent certificate with

his or her application shall be deemed to be satisfied if the

applicant includes a copy of a high school diploma or

equivalent certificate or a copy of a degree from an accredited

institution of higher education or vocational institution or

equivalent certificate.

(Source: P.A. 97-83, eff. 1-1-12; 97-227, eff. 1-1-12; 97-494,

eff. 8-22-11; 97-813, eff. 7-13-12; 98-817, eff. 1-1-15.)

Section 570. The Illinois Dental Practice Act is amended by

changing Section 13 as follows:

(225 ILCS 25/13) (from Ch. 111, par. 2313)

(Section scheduled to be repealed on January 1, 2016)

Sec. 13. Qualifications of Applicants for Dental

Hygienists. Every person who desires to obtain a license as a

dental hygienist shall apply to the Department in writing, upon

forms prepared and furnished by the Department. Each

application shall contain proof of the particular

qualifications required of the applicant, shall be verified by

the applicant, under oath, and shall be accompanied by the

required examination fee.

The Department shall require that every applicant for a

license as a dental hygienist shall:

(1) (Blank).

(2) Be a graduate of high school or its equivalent.

(3) Present satisfactory evidence of having successfully

completed 2 academic years of credit at a dental hygiene

program accredited by the Commission on Dental Accreditation of

the American Dental Association.

(4) Submit evidence that he or she holds a currently valid

certification to perform cardiopulmonary resuscitation. The

Department shall adopt rules establishing criteria for

certification in cardiopulmonary resuscitation. The rules of

the Department shall provide for variances only in instances

where the applicant is a person with a physical disability

physically disabled and therefore unable to secure such

certification.

(5) (Blank).

(6) Present satisfactory evidence that the applicant has

passed the National Board Dental Hygiene Examination

administered by the Joint Commission on National Dental

Examinations and has successfully completed an examination

conducted by one of the following regional testing services:

the Central Regional Dental Testing Service, Inc. (CRDTS), the

Southern Regional Testing Agency, Inc. (SRTA), the Western

Regional Examining Board (WREB), or the North East Regional

Board (NERB). For the purposes of this Section, successful

completion shall mean that the applicant has achieved a minimum

passing score as determined by the applicable regional testing

service. The Secretary may suspend a regional testing service

under this item (6) if, after proper notice and hearing, it is

established that (i) the integrity of the examination has been

breached so as to make future test results unreliable or (ii)

the examination is fundamentally deficient in testing clinical

competency.

(Source: P.A. 96-14, eff. 6-19-09; 97-1013, eff. 8-17-12.)

Section 575. The Health Care Worker Background Check Act is

amended by changing Section 5 as follows:

(225 ILCS 46/5)

Sec. 5. Purpose. The General Assembly finds that it is in

the public interest to protect the citizens of the State of

Illinois who are the most frail and who are persons with

disabilities disabled citizens of the State of Illinois from

possible harm through a criminal background check of certain

health care workers and all employees of licensed and certified

long-term care facilities who have or may have contact with

residents or have access to the living quarters or the

financial, medical, or personal records of residents.

(Source: P.A. 94-665, eff. 1-1-06.)

Section 580. The Home Medical Equipment and Services

Provider License Act is amended by changing Section 10 as

follows:

(225 ILCS 51/10)

(Section scheduled to be repealed on January 1, 2018)

Sec. 10. Definitions. As used in this Act:

(1) "Department" means the Department of Financial and

Professional Regulation.

(2) "Secretary" means the Secretary of Financial and

Professional Regulation.

(3) "Board" means the Home Medical Equipment and

Services Board.

(4) "Home medical equipment and services provider" or

"provider" means a legal entity, as defined by State law,

engaged in the business of providing home medical equipment

and services, whether directly or through a contractual

arrangement, to an unrelated sick individual or an

unrelated individual with a disability or disabled

individual where that individual resides.

(5) "Home medical equipment and services" means the

delivery, installation, maintenance, replacement, or

instruction in the use of medical equipment used by a sick

individual or an individual with a disability or disabled

individual to allow the individual to be maintained in his

or her residence.

(6) "Home medical equipment" means technologically

sophisticated medical devices, apparatuses, machines, or

other similar articles bearing a label that states

"Caution: federal law requires dispensing by or on the

order of a physician.", which are usable in a home care

setting, including but not limited to:

(A) oxygen and oxygen delivery systems;

(B) ventilators;

(C) respiratory disease management devices,

excluding compressor driven nebulizers;

(D) wheelchair seating systems;

(E) apnea monitors;

(F) transcutaneous electrical nerve stimulator

(TENS) units;

(G) low air-loss cutaneous pressure management

devices;

(H) sequential compression devices;

(I) neonatal home phototherapy devices;

(J) enteral feeding pumps; and

(K) other similar equipment as defined by the

Board.

"Home medical equipment" also includes hospital beds

and electronic and computer-driven wheelchairs, excluding

scooters.

(7) "Address of record" means the designated address

recorded by the Department in the applicant's or licensee's

application file or license file maintained by the

Department's licensure maintenance unit. It is the duty of

the applicant or licensee to inform the Department of any

change of address, and such changes must be made either

through the Department's website or by contacting the

Department's licensure maintenance unit.

(Source: P.A. 95-703, eff. 12-31-07.)

Section 585. The Medical Practice Act of 1987 is amended by

changing Section 23 as follows:

(225 ILCS 60/23) (from Ch. 111, par. 4400-23)

(Section scheduled to be repealed on December 31, 2015)

Sec. 23. Reports relating to professional conduct and

capacity.

(A) Entities required to report.

(1) Health care institutions. The chief administrator

or executive officer of any health care institution

licensed by the Illinois Department of Public Health shall

report to the Disciplinary Board when any person's clinical

privileges are terminated or are restricted based on a

final determination made in accordance with that

institution's by-laws or rules and regulations that a

person has either committed an act or acts which may

directly threaten patient care or that a person may have a

mental or physical disability that may be mentally or

physically disabled in such a manner as to endanger

patients under that person's care. Such officer also shall

report if a person accepts voluntary termination or

restriction of clinical privileges in lieu of formal action

based upon conduct related directly to patient care or in

lieu of formal action seeking to determine whether a person

may have a mental or physical disability that may be

mentally or physically disabled in such a manner as to

endanger patients under that person's care. The

Disciplinary Board shall, by rule, provide for the

reporting to it by health care institutions of all

instances in which a person, licensed under this Act, who

is impaired by reason of age, drug or alcohol abuse or

physical or mental impairment, is under supervision and,

where appropriate, is in a program of rehabilitation. Such

reports shall be strictly confidential and may be reviewed

and considered only by the members of the Disciplinary

Board, or by authorized staff as provided by rules of the

Disciplinary Board. Provisions shall be made for the

periodic report of the status of any such person not less

than twice annually in order that the Disciplinary Board

shall have current information upon which to determine the

status of any such person. Such initial and periodic

reports of impaired physicians shall not be considered

records within the meaning of The State Records Act and

shall be disposed of, following a determination by the

Disciplinary Board that such reports are no longer

required, in a manner and at such time as the Disciplinary

Board shall determine by rule. The filing of such reports

shall be construed as the filing of a report for purposes

of subsection (C) of this Section.

(1.5) Clinical training programs. The program director

of any post-graduate clinical training program shall

report to the Disciplinary Board if a person engaged in a

post-graduate clinical training program at the

institution, including, but not limited to, a residency or

fellowship, separates from the program for any reason prior

to its conclusion. The program director shall provide all

documentation relating to the separation if, after review

of the report, the Disciplinary Board determines that a

review of those documents is necessary to determine whether

a violation of this Act occurred.

(2) Professional associations. The President or chief

executive officer of any association or society, of persons

licensed under this Act, operating within this State shall

report to the Disciplinary Board when the association or

society renders a final determination that a person has

committed unprofessional conduct related directly to

patient care or that a person may have a mental or physical

disability that may be mentally or physically disabled in

such a manner as to endanger patients under that person's

care.

(3) Professional liability insurers. Every insurance

company which offers policies of professional liability

insurance to persons licensed under this Act, or any other

entity which seeks to indemnify the professional liability

of a person licensed under this Act, shall report to the

Disciplinary Board the settlement of any claim or cause of

action, or final judgment rendered in any cause of action,

which alleged negligence in the furnishing of medical care

by such licensed person when such settlement or final

judgment is in favor of the plaintiff.

(4) State's Attorneys. The State's Attorney of each

county shall report to the Disciplinary Board, within 5

days, any instances in which a person licensed under this

Act is convicted of any felony or Class A misdemeanor. The

State's Attorney of each county may report to the

Disciplinary Board through a verified complaint any

instance in which the State's Attorney believes that a

physician has willfully violated the notice requirements

of the Parental Notice of Abortion Act of 1995.

(5) State agencies. All agencies, boards, commissions,

departments, or other instrumentalities of the government

of the State of Illinois shall report to the Disciplinary

Board any instance arising in connection with the

operations of such agency, including the administration of

any law by such agency, in which a person licensed under

this Act has either committed an act or acts which may be a

violation of this Act or which may constitute

unprofessional conduct related directly to patient care or

which indicates that a person licensed under this Act may

have a mental or physical disability that may be mentally

or physically disabled in such a manner as to endanger

patients under that person's care.

(B) Mandatory reporting. All reports required by items

(34), (35), and (36) of subsection (A) of Section 22 and by

Section 23 shall be submitted to the Disciplinary Board in a

timely fashion. Unless otherwise provided in this Section, the

reports shall be filed in writing within 60 days after a

determination that a report is required under this Act. All

reports shall contain the following information:

(1) The name, address and telephone number of the

person making the report.

(2) The name, address and telephone number of the

person who is the subject of the report.

(3) The name and date of birth of any patient or

patients whose treatment is a subject of the report, if

available, or other means of identification if such

information is not available, identification of the

hospital or other healthcare facility where the care at

issue in the report was rendered, provided, however, no

medical records may be revealed.

(4) A brief description of the facts which gave rise to

the issuance of the report, including the dates of any

occurrences deemed to necessitate the filing of the report.

(5) If court action is involved, the identity of the

court in which the action is filed, along with the docket

number and date of filing of the action.

(6) Any further pertinent information which the

reporting party deems to be an aid in the evaluation of the

report.

The Disciplinary Board or Department may also exercise the

power under Section 38 of this Act to subpoena copies of

hospital or medical records in mandatory report cases alleging

death or permanent bodily injury. Appropriate rules shall be

adopted by the Department with the approval of the Disciplinary

Board.

When the Department has received written reports

concerning incidents required to be reported in items (34),

(35), and (36) of subsection (A) of Section 22, the licensee's

failure to report the incident to the Department under those

items shall not be the sole grounds for disciplinary action.

Nothing contained in this Section shall act to in any way,

waive or modify the confidentiality of medical reports and

committee reports to the extent provided by law. Any

information reported or disclosed shall be kept for the

confidential use of the Disciplinary Board, the Medical

Coordinators, the Disciplinary Board's attorneys, the medical

investigative staff, and authorized clerical staff, as

provided in this Act, and shall be afforded the same status as

is provided information concerning medical studies in Part 21

of Article VIII of the Code of Civil Procedure, except that the

Department may disclose information and documents to a federal,

State, or local law enforcement agency pursuant to a subpoena

in an ongoing criminal investigation or to a health care

licensing body or medical licensing authority of this State or

another state or jurisdiction pursuant to an official request

made by that licensing body or medical licensing authority.

Furthermore, information and documents disclosed to a federal,

State, or local law enforcement agency may be used by that

agency only for the investigation and prosecution of a criminal

offense, or, in the case of disclosure to a health care

licensing body or medical licensing authority, only for

investigations and disciplinary action proceedings with regard

to a license. Information and documents disclosed to the

Department of Public Health may be used by that Department only

for investigation and disciplinary action regarding the

license of a health care institution licensed by the Department

of Public Health.

(C) Immunity from prosecution. Any individual or

organization acting in good faith, and not in a wilful and

wanton manner, in complying with this Act by providing any

report or other information to the Disciplinary Board or a peer

review committee, or assisting in the investigation or

preparation of such information, or by voluntarily reporting to

the Disciplinary Board or a peer review committee information

regarding alleged errors or negligence by a person licensed

under this Act, or by participating in proceedings of the

Disciplinary Board or a peer review committee, or by serving as

a member of the Disciplinary Board or a peer review committee,

shall not, as a result of such actions, be subject to criminal

prosecution or civil damages.

(D) Indemnification. Members of the Disciplinary Board,

the Licensing Board, the Medical Coordinators, the

Disciplinary Board's attorneys, the medical investigative

staff, physicians retained under contract to assist and advise

the medical coordinators in the investigation, and authorized

clerical staff shall be indemnified by the State for any

actions occurring within the scope of services on the

Disciplinary Board or Licensing Board, done in good faith and

not wilful and wanton in nature. The Attorney General shall

defend all such actions unless he or she determines either that

there would be a conflict of interest in such representation or

that the actions complained of were not in good faith or were

wilful and wanton.

Should the Attorney General decline representation, the

member shall have the right to employ counsel of his or her

choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a

determination by a court that the member's actions were not in

good faith or were wilful and wanton.

The member must notify the Attorney General within 7 days

of receipt of notice of the initiation of any action involving

services of the Disciplinary Board. Failure to so notify the

Attorney General shall constitute an absolute waiver of the

right to a defense and indemnification.

The Attorney General shall determine within 7 days after

receiving such notice, whether he or she will undertake to

represent the member.

(E) Deliberations of Disciplinary Board. Upon the receipt

of any report called for by this Act, other than those reports

of impaired persons licensed under this Act required pursuant

to the rules of the Disciplinary Board, the Disciplinary Board

shall notify in writing, by certified mail, the person who is

the subject of the report. Such notification shall be made

within 30 days of receipt by the Disciplinary Board of the

report.

The notification shall include a written notice setting

forth the person's right to examine the report. Included in

such notification shall be the address at which the file is

maintained, the name of the custodian of the reports, and the

telephone number at which the custodian may be reached. The

person who is the subject of the report shall submit a written

statement responding, clarifying, adding to, or proposing the

amending of the report previously filed. The person who is the

subject of the report shall also submit with the written

statement any medical records related to the report. The

statement and accompanying medical records shall become a

permanent part of the file and must be received by the

Disciplinary Board no more than 30 days after the date on which

the person was notified by the Disciplinary Board of the

existence of the original report.

The Disciplinary Board shall review all reports received by

it, together with any supporting information and responding

statements submitted by persons who are the subject of reports.

The review by the Disciplinary Board shall be in a timely

manner but in no event, shall the Disciplinary Board's initial

review of the material contained in each disciplinary file be

less than 61 days nor more than 180 days after the receipt of

the initial report by the Disciplinary Board.

When the Disciplinary Board makes its initial review of the

materials contained within its disciplinary files, the

Disciplinary Board shall, in writing, make a determination as

to whether there are sufficient facts to warrant further

investigation or action. Failure to make such determination

within the time provided shall be deemed to be a determination

that there are not sufficient facts to warrant further

investigation or action.

Should the Disciplinary Board find that there are not

sufficient facts to warrant further investigation, or action,

the report shall be accepted for filing and the matter shall be

deemed closed and so reported to the Secretary. The Secretary

shall then have 30 days to accept the Disciplinary Board's

decision or request further investigation. The Secretary shall

inform the Board of the decision to request further

investigation, including the specific reasons for the

decision. The individual or entity filing the original report

or complaint and the person who is the subject of the report or

complaint shall be notified in writing by the Secretary of any

final action on their report or complaint. The Department shall

disclose to the individual or entity who filed the original

report or complaint, on request, the status of the Disciplinary

Board's review of a specific report or complaint. Such request

may be made at any time, including prior to the Disciplinary

Board's determination as to whether there are sufficient facts

to warrant further investigation or action.

(F) Summary reports. The Disciplinary Board shall prepare,

on a timely basis, but in no event less than once every other

month, a summary report of final disciplinary actions taken

upon disciplinary files maintained by the Disciplinary Board.

The summary reports shall be made available to the public upon

request and payment of the fees set by the Department. This

publication may be made available to the public on the

Department's website. Information or documentation relating to

any disciplinary file that is closed without disciplinary

action taken shall not be disclosed and shall be afforded the

same status as is provided by Part 21 of Article VIII of the

Code of Civil Procedure.

(G) Any violation of this Section shall be a Class A

misdemeanor.

(H) If any such person violates the provisions of this

Section an action may be brought in the name of the People of

the State of Illinois, through the Attorney General of the

State of Illinois, for an order enjoining such violation or for

an order enforcing compliance with this Section. Upon filing of

a verified petition in such court, the court may issue a

temporary restraining order without notice or bond and may

preliminarily or permanently enjoin such violation, and if it

is established that such person has violated or is violating

the injunction, the court may punish the offender for contempt

of court. Proceedings under this paragraph shall be in addition

to, and not in lieu of, all other remedies and penalties

provided for by this Section.

(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;

98-601, eff. 12-30-13.)

Section 590. The Nurse Practice Act is amended by changing

Section 65-65 as follows:

(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)

(Section scheduled to be repealed on January 1, 2018)

Sec. 65-65. Reports relating to APN professional conduct

and capacity.

(a) Entities Required to Report.

(1) Health Care Institutions. The chief administrator

or executive officer of a health care institution licensed

by the Department of Public Health, which provides the

minimum due process set forth in Section 10.4 of the

Hospital Licensing Act, shall report to the Board when an

advanced practice nurse's organized professional staff

clinical privileges are terminated or are restricted based

on a final determination, in accordance with that

institution's bylaws or rules and regulations, that (i) a

person has either committed an act or acts that may

directly threaten patient care and that are not of an

administrative nature or (ii) that a person may have a

mental or physical disability be mentally or physically

disabled in a manner that may endanger patients under that

person's care. The chief administrator or officer shall

also report if an advanced practice nurse accepts voluntary

termination or restriction of clinical privileges in lieu

of formal action based upon conduct related directly to

patient care and not of an administrative nature, or in

lieu of formal action seeking to determine whether a person

may have a mental or physical disability be mentally or

physically disabled in a manner that may endanger patients

under that person's care. The Board shall provide by rule

for the reporting to it of all instances in which a person

licensed under this Article, who is impaired by reason of

age, drug, or alcohol abuse or physical or mental

impairment, is under supervision and, where appropriate,

is in a program of rehabilitation. Reports submitted under

this subsection shall be strictly confidential and may be

reviewed and considered only by the members of the Board or

authorized staff as provided by rule of the Board.

Provisions shall be made for the periodic report of the

status of any such reported person not less than twice

annually in order that the Board shall have current

information upon which to determine the status of that

person. Initial and periodic reports of impaired advanced

practice nurses shall not be considered records within the

meaning of the State Records Act and shall be disposed of,

following a determination by the Board that such reports

are no longer required, in a manner and at an appropriate

time as the Board shall determine by rule. The filing of

reports submitted under this subsection shall be construed

as the filing of a report for purposes of subsection (c) of

this Section.

(2) Professional Associations. The President or chief

executive officer of an association or society of persons

licensed under this Article, operating within this State,

shall report to the Board when the association or society

renders a final determination that a person licensed under

this Article has committed unprofessional conduct related

directly to patient care or that a person may have a mental

or physical disability be mentally or physically disabled

in a manner that may endanger patients under the person's

care.

(3) Professional Liability Insurers. Every insurance

company that offers policies of professional liability

insurance to persons licensed under this Article, or any

other entity that seeks to indemnify the professional

liability of a person licensed under this Article, shall

report to the Board the settlement of any claim or cause of

action, or final judgment rendered in any cause of action,

that alleged negligence in the furnishing of patient care

by the licensee when the settlement or final judgment is in

favor of the plaintiff.

(4) State's Attorneys. The State's Attorney of each

county shall report to the Board all instances in which a

person licensed under this Article is convicted or

otherwise found guilty of the commission of a felony.

(5) State Agencies. All agencies, boards, commissions,

departments, or other instrumentalities of the government

of this State shall report to the Board any instance

arising in connection with the operations of the agency,

including the administration of any law by the agency, in

which a person licensed under this Article has either

committed an act or acts that may constitute a violation of

this Article, that may constitute unprofessional conduct

related directly to patient care, or that indicates that a

person licensed under this Article may have a mental or

physical disability be mentally or physically disabled in a

manner that may endanger patients under that person's care.

(b) Mandatory Reporting. All reports required under items

(16) and (17) of subsection (a) of Section 70-5 shall be

submitted to the Board in a timely fashion. The reports shall

be filed in writing within 60 days after a determination that a

report is required under this Article. All reports shall

contain the following information:

(1) The name, address, and telephone number of the

person making the report.

(2) The name, address, and telephone number of the

person who is the subject of the report.

(3) The name or other means of identification of any

patient or patients whose treatment is a subject of the

report, except that no medical records may be revealed

without the written consent of the patient or patients.

(4) A brief description of the facts that gave rise to

the issuance of the report, including but not limited to

the dates of any occurrences deemed to necessitate the

filing of the report.

(5) If court action is involved, the identity of the

court in which the action is filed, the docket number, and

date of filing of the action.

(6) Any further pertinent information that the

reporting party deems to be an aid in the evaluation of the

report.

Nothing contained in this Section shall be construed to in

any way waive or modify the confidentiality of medical reports

and committee reports to the extent provided by law. Any

information reported or disclosed shall be kept for the

confidential use of the Board, the Board's attorneys, the

investigative staff, and authorized clerical staff and shall be

afforded the same status as is provided information concerning

medical studies in Part 21 of Article VIII of the Code of Civil

Procedure.

(c) Immunity from Prosecution. An individual or

organization acting in good faith, and not in a wilful and

wanton manner, in complying with this Section by providing a

report or other information to the Board, by assisting in the

investigation or preparation of a report or information, by

participating in proceedings of the Board, or by serving as a

member of the Board shall not, as a result of such actions, be

subject to criminal prosecution or civil damages.

(d) Indemnification. Members of the Board, the Board's

attorneys, the investigative staff, advanced practice nurses

or physicians retained under contract to assist and advise in

the investigation, and authorized clerical staff shall be

indemnified by the State for any actions (i) occurring within

the scope of services on the Board, (ii) performed in good

faith, and (iii) not wilful and wanton in nature. The Attorney

General shall defend all actions taken against those persons

unless he or she determines either that there would be a

conflict of interest in the representation or that the actions

complained of were not performed in good faith or were wilful

and wanton in nature. If the Attorney General declines

representation, the member shall have the right to employ

counsel of his or her choice, whose fees shall be provided by

the State, after approval by the Attorney General, unless there

is a determination by a court that the member's actions were

not performed in good faith or were wilful and wanton in

nature. The member shall notify the Attorney General within 7

days of receipt of notice of the initiation of an action

involving services of the Board. Failure to so notify the

Attorney General shall constitute an absolute waiver of the

right to a defense and indemnification. The Attorney General

shall determine within 7 days after receiving the notice

whether he or she will undertake to represent the member.

(e) Deliberations of Board. Upon the receipt of a report

called for by this Section, other than those reports of

impaired persons licensed under this Article required pursuant

to the rules of the Board, the Board shall notify in writing by

certified mail the person who is the subject of the report. The

notification shall be made within 30 days of receipt by the

Board of the report. The notification shall include a written

notice setting forth the person's right to examine the report.

Included in the notification shall be the address at which the

file is maintained, the name of the custodian of the reports,

and the telephone number at which the custodian may be reached.

The person who is the subject of the report shall submit a

written statement responding to, clarifying, adding to, or

proposing to amend the report previously filed. The statement

shall become a permanent part of the file and shall be received

by the Board no more than 30 days after the date on which the

person was notified of the existence of the original report.

The Board shall review all reports received by it and any

supporting information and responding statements submitted by

persons who are the subject of reports. The review by the Board

shall be in a timely manner but in no event shall the Board's

initial review of the material contained in each disciplinary

file be less than 61 days nor more than 180 days after the

receipt of the initial report by the Board. When the Board

makes its initial review of the materials contained within its

disciplinary files, the Board shall, in writing, make a

determination as to whether there are sufficient facts to

warrant further investigation or action. Failure to make that

determination within the time provided shall be deemed to be a

determination that there are not sufficient facts to warrant

further investigation or action. Should the Board find that

there are not sufficient facts to warrant further investigation

or action, the report shall be accepted for filing and the

matter shall be deemed closed and so reported. The individual

or entity filing the original report or complaint and the

person who is the subject of the report or complaint shall be

notified in writing by the Board of any final action on their

report or complaint.

(f) Summary Reports. The Board shall prepare, on a timely

basis, but in no event less than one every other month, a

summary report of final actions taken upon disciplinary files

maintained by the Board. The summary reports shall be made

available to the public upon request and payment of the fees

set by the Department. This publication may be made available

to the public on the Department's Internet website.

(g) Any violation of this Section shall constitute a Class

A misdemeanor.

(h) If a person violates the provisions of this Section, an

action may be brought in the name of the People of the State of

Illinois, through the Attorney General of the State of

Illinois, for an order enjoining the violation or for an order

enforcing compliance with this Section. Upon filing of a

verified petition in court, the court may issue a temporary

restraining order without notice or bond and may preliminarily

or permanently enjoin the violation, and if it is established

that the person has violated or is violating the injunction,

the court may punish the offender for contempt of court.

Proceedings under this subsection shall be in addition to, and

not in lieu of, all other remedies and penalties provided for

by this Section.

(Source: P.A. 95-639, eff. 10-5-07.)

Section 595. The Nursing Home Administrators Licensing and

Disciplinary Act is amended by changing Section 17.1 as

follows:

(225 ILCS 70/17.1)

(Section scheduled to be repealed on January 1, 2018)

Sec. 17.1. Reports of violations of Act or other conduct.

(a) The owner or licensee of a long term care facility

licensed under the Nursing Home Care Act who employs or

contracts with a licensee under this Act shall report to the

Department any instance of which he or she has knowledge

arising in connection with operations of the health care

institution, including the administration of any law by the

institution, in which a licensee under this Act has either

committed an act or acts which may constitute a violation of

this Act or unprofessional conduct related directly to patient

care, or which may indicate that the licensee may have a mental

or physical disability that may be mentally or physically

disabled in such a manner as to endanger patients under that

licensee's care. Additionally, every nursing home shall report

to the Department any instance when a licensee is terminated

for cause which would constitute a violation of this Act. The

Department may take disciplinary or non-disciplinary action if

the termination is based upon unprofessional conduct related to

planning, organizing, directing, or supervising the operation

of a nursing home as defined by this Act or other conduct by

the licensee that would be a violation of this Act or rules.

For the purposes of this subsection, "owner" does not mean

the owner of the real estate or physical plant who does not

hold management or operational control of the licensed long

term care facility.

(b) Any insurance company that offers policies of

professional liability insurance to licensees, or any other

entity that seeks to indemnify the professional liability of a

licensee, shall report the settlement of any claim or adverse

final judgment rendered in any action that alleged negligence

in planning, organizing, directing, or supervising the

operation of a nursing home by the licensee.

(c) The State's Attorney of each county shall report to the

Department each instance in which a licensee is convicted of or

enters a plea of guilty or nolo contendere to any crime that is

a felony, or of which an essential element is dishonesty, or

that is directly related to the practice of the profession of

nursing home administration.

(d) Any agency, board, commission, department, or other

instrumentality of the government of the State of Illinois

shall report to the Department any instance arising in

connection with the operations of the agency, including the

administration of any law by the agency, in which a licensee

under this Act has either committed an act or acts which may

constitute a violation of this Act or unprofessional conduct

related directly to planning, organizing, directing or

supervising the operation of a nursing home, or which may

indicate that a licensee may have a mental or physical

disability that may be mentally or physically disabled in such

a manner as to endanger others.

(e) All reports required by items (19), (20), and (21) of

subsection (a) of Section 17 and by this Section 17.1 shall be

submitted to the Department in a timely fashion. The reports

shall be filed in writing within 60 days after a determination

that a report is required under this Section. All reports shall

contain the following information:

(1) The name, address, and telephone number of the

person making the report.

(2) The name, address, and telephone number of the

person who is the subject of the report.

(3) The name and date of birth of any person or persons

whose treatment is a subject of the report, or other means

of identification if that information is not available, and

identification of the nursing home facility where the care

at issue in the report was rendered.

(4) A brief description of the facts which gave rise to

the issuance of the report, including the dates of any

occurrences deemed to necessitate the filing of the report.

(5) If court action is involved, the identity of the

court in which the action is filed, along with the docket

number and the date the action was filed.

(6) Any further pertinent information that the

reporting party deems to be an aid in evaluating the

report.

If the Department receives a written report concerning an

incident required to be reported under item (19), (20), or (21)

of subsection (a) of Section 17, then the licensee's failure to

report the incident to the Department within 60 days may not be

the sole ground for any disciplinary action against the

licensee.

(f) Any individual or organization acting in good faith,

and not in a wilful and wanton manner, in complying with this

Section by providing any report or other information to the

Department, by assisting in the investigation or preparation of

such information, by voluntarily reporting to the Department

information regarding alleged errors or negligence by a

licensee, or by participating in proceedings of the Department,

shall not, as a result of such actions, be subject to criminal

prosecution or civil damages.

(g) Upon the receipt of any report required by this

Section, the Department shall notify in writing, by certified

mail, the person who is the subject of the report. The

notification shall be made within 30 days after the

Department's receipt of the report.

The notification shall include a written notice setting

forth the person's right to examine the report. The

notification shall also include the address at which the file

is maintained, the name of the custodian of the file, and the

telephone number at which the custodian may be reached. The

person who is the subject of the report shall submit a written

statement responding, clarifying, adding to, or proposing the

amending of the report previously filed. The statement shall

become a permanent part of the file and must be received by the

Department no more than 30 days after the date on which the

person was notified by the Department of the existence of the

original report.

The Department shall review a report received by it,

together with any supporting information and responding

statements submitted by the person who is the subject of the

report. The review by the Department shall be in a timely

manner, but in no event shall the Department's initial review

of the material contained in each disciplinary file last less

than 61 days nor more than 180 days after the receipt of the

initial report by the Department.

When the Department makes its initial review of the

materials contained within its disciplinary files, the

Department shall, in writing, make a determination as to

whether there are sufficient facts to warrant further

investigation or action. Failure to make such a determination

within the time provided shall be deemed to be a determination

that there are not sufficient facts to warrant further

investigation or action. The Department shall notify the person

who is the subject of the report of any final action on the

report.

(h) A violation of this Section is a Class A misdemeanor.

(i) If any person or entity violates this Section, then an

action may be brought in the name of the People of the State of

Illinois, through the Attorney General of the State of

Illinois, for an order enjoining the violation or for an order

enforcing compliance with this Section. Upon filing of a

verified petition in the court, the court may issue a temporary

restraining order without notice or bond and may preliminarily

or permanently enjoin the violation. If it is established that

the person or entity has violated or is violating the

injunction, the court may punish the offender for contempt of

court. Proceedings under this subsection (i) shall be in

addition to, and not in lieu of, all other remedies and

penalties provided for by this Section.

(Source: P.A. 96-1372, eff. 7-29-10.)

Section 600. The Podiatric Medical Practice Act of 1987 is

amended by changing Section 26 as follows:

(225 ILCS 100/26) (from Ch. 111, par. 4826)

(Section scheduled to be repealed on January 1, 2018)

Sec. 26. Reports relating to professional conduct and

capacity.

(A) The Board shall by rule provide for the reporting to it

of all instances in which a podiatric physician licensed under

this Act who is impaired by reason of age, drug or alcohol

abuse or physical or mental impairment, is under supervision

and, where appropriate, is in a program of rehabilitation.

Reports shall be strictly confidential and may be reviewed and

considered only by the members of the Board, or by authorized

staff of the Department as provided by the rules of the Board.

Provisions shall be made for the periodic report of the status

of any such podiatric physician not less than twice annually in

order that the Board shall have current information upon which

to determine the status of any such podiatric physician. Such

initial and periodic reports of impaired physicians shall not

be considered records within the meaning of the State Records

Act and shall be disposed of, following a determination by the

Board that such reports are no longer required, in a manner and

at such time as the Board shall determine by rule. The filing

of such reports shall be construed as the filing of a report

for the purposes of subsection (C) of this Section. Failure to

file a report under this Section shall be a Class A

misdemeanor.

(A-5) The following persons and entities shall report to

the Department or the Board in the instances and under the

conditions set forth in this subsection (A-5):

(1) Any administrator or officer of any hospital,

nursing home or other health care agency or facility who

has knowledge of any action or condition which reasonably

indicates to him or her that a licensed podiatric physician

practicing in such hospital, nursing home or other health

care agency or facility is habitually intoxicated or

addicted to the use of habit forming drugs, or is otherwise

impaired, to the extent that such intoxication, addiction,

or impairment adversely affects such podiatric physician's

professional performance, or has knowledge that reasonably

indicates to him or her that any podiatric physician

unlawfully possesses, uses, distributes or converts

habit-forming drugs belonging to the hospital, nursing

home or other health care agency or facility for such

podiatric physician's own use or benefit, shall promptly

file a written report thereof to the Department. The report

shall include the name of the podiatric physician, the name

of the patient or patients involved, if any, a brief

summary of the action, condition or occurrence that has

necessitated the report, and any other information as the

Department may deem necessary. The Department shall

provide forms on which such reports shall be filed.

(2) The president or chief executive officer of any

association or society of podiatric physicians licensed

under this Act, operating within this State shall report to

the Board when the association or society renders a final

determination relating to the professional competence or

conduct of the podiatric physician.

(3) Every insurance company that offers policies of

professional liability insurance to persons licensed under

this Act, or any other entity that seeks to indemnify the

professional liability of a podiatric physician licensed

under this Act, shall report to the Board the settlement of

any claim or cause of action, or final judgment rendered in

any cause of action that alleged negligence in the

furnishing of medical care by such licensed person when

such settlement or final judgement is in favor of the

plaintiff.

(4) The State's Attorney of each county shall report to

the Board all instances in which a person licensed under

this Act is convicted or otherwise found guilty of the

commission of any felony.

(5) All agencies, boards, commissions, departments, or

other instrumentalities of the government of the State of

Illinois shall report to the Board any instance arising in

connection with the operations of such agency, including

the administration of any law by such agency, in which a

podiatric physician licensed under this Act has either

committed an act or acts that may be a violation of this

Act or that may constitute unprofessional conduct related

directly to patient care or that indicates that a podiatric

physician licensed under this Act may have a mental or

physical disability that may be mentally or physically

disabled in such a manner as to endanger patients under

that physician's care.

(B) All reports required by this Act shall be submitted to

the Board in a timely fashion. The reports shall be filed in

writing within 60 days after a determination that a report is

required under this Act. All reports shall contain the

following information:

(1) The name, address and telephone number of the

person making the report.

(2) The name, address and telephone number of the

podiatric physician who is the subject of the report.

(3) The name or other means of identification of any

patient or patients whose treatment is a subject of the

report, provided, however, no medical records may be

revealed without the written consent of the patient or

patients.

(4) A brief description of the facts that gave rise to

the issuance of the report, including the dates of any

occurrences deemed to necessitate the filing of the report.

(5) If court action is involved, the identity of the

court in which the action is filed, along with the docket

number and date of filing of the action.

(6) Any further pertinent information that the

reporting party deems to be an aid in the evaluation of the

report.

Nothing contained in this Section shall waive or modify the

confidentiality of medical reports and committee reports to the

extent provided by law. Any information reported or disclosed

shall be kept for the confidential use of the Board, the

Board's attorneys, the investigative staff and other

authorized Department staff, as provided in this Act, and shall

be afforded the same status as is provided information

concerning medical studies in Part 21 of Article VIII of the

Code of Civil Procedure.

(C) Any individual or organization acting in good faith,

and not in a willful and wanton manner, in complying with this

Act by providing any report or other information to the Board,

or assisting in the investigation or preparation of such

information, or by participating in proceedings of the Board,

or by serving as a member of the Board, shall not, as a result

of such actions, be subject to criminal prosecution or civil

damages.

(D) Members of the Board, the Board's attorneys, the

investigative staff, other podiatric physicians retained under

contract to assist and advise in the investigation, and other

authorized Department staff shall be indemnified by the State

for any actions occurring within the scope of services on the

Board, done in good faith and not willful and wanton in nature.

The Attorney General shall defend all such actions unless he or

she determines either that he or she would have a conflict of

interest in such representation or that the actions complained

of were not in good faith or were willful and wanton.

Should the Attorney General decline representation, the

member shall have the right to employ counsel of his or her

choice, whose fees shall be provided by the State, after

approval by the Attorney General, unless there is a

determination by a court that the member's actions were not in

good faith or were wilful and wanton. The member must notify

the Attorney General within 7 days of receipt of notice of the

initiation of any action involving services of the Board.

Failure to so notify the Attorney General shall constitute an

absolute waiver of the right to a defense and indemnification.

The Attorney General shall determine within 7 days after

receiving such notice, whether he or she will undertake to

represent the member.

(E) Upon the receipt of any report called for by this Act,

other than those reports of impaired persons licensed under

this Act required pursuant to the rules of the Board, the Board

shall notify in writing, by certified mail, the podiatric

physician who is the subject of the report. Such notification

shall be made within 30 days of receipt by the Board of the

report.

The notification shall include a written notice setting

forth the podiatric physician's right to examine the report.

Included in such notification shall be the address at which the

file is maintained, the name of the custodian of the reports,

and the telephone number at which the custodian may be reached.

The podiatric physician who is the subject of the report shall

be permitted to submit a written statement responding,

clarifying, adding to, or proposing the amending of the report

previously filed. The statement shall become a permanent part

of the file and must be received by the Board no more than 30

days after the date on which the podiatric physician was

notified of the existence of the original report.

The Board shall review all reports received by it, together

with any supporting information and responding statements

submitted by persons who are the subject of reports. The review

by the Board shall be in a timely manner but in no event shall

the Board's initial review of the material contained in each

disciplinary file be less than 61 days nor more than 180 days

after the receipt of the initial report by the Board.

When the Board makes its initial review of the materials

contained within its disciplinary files the Board shall, in

writing, make a determination as to whether there are

sufficient facts to warrant further investigation or action.

Failure to make such determination within the time provided

shall be deemed to be a determination that there are not

sufficient facts to warrant further investigation or action.

Should the Board find that there are not sufficient facts

to warrant further investigation, or action, the report shall

be accepted for filing and the matter shall be deemed closed

and so reported.

The individual or entity filing the original report or

complaint and the podiatric physician who is the subject of the

report or complaint shall be notified in writing by the Board

of any final action on their report or complaint.

(F) The Board shall prepare on a timely basis, but in no

event less than once every other month, a summary report of

final disciplinary actions taken upon disciplinary files

maintained by the Board. The summary reports shall be made

available on the Department's web site.

(G) Any violation of this Section shall be a Class A

misdemeanor.

(H) If any such podiatric physician violates the provisions

of this Section, an action may be brought in the name of the

People of the State of Illinois, through the Attorney General

of the State of Illinois, for an order enjoining such violation

or for an order enforcing compliance with this Section. Upon

filing of a verified petition in such court, the court may

issue a temporary restraining order without notice or bond and

may preliminarily or permanently enjoin such violation, and if

it is established that such podiatric physician has violated or

is violating the injunction, the Court may punish the offender

for contempt of court. Proceedings under this paragraph shall

be in addition to, and not in lieu of, all other remedies and

penalties provided for by this Section.

(Source: P.A. 95-235, eff. 8-17-07.)

Section 605. The Illinois Explosives Act is amended by

changing Section 2005 as follows:

(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

Sec. 2005. Qualifications for licensure.

(a) No person shall qualify to hold a license who:

(1) is under 21 years of age;

(2) has been convicted in any court of a crime

punishable by imprisonment for a term exceeding one year;

(3) is under indictment for a crime punishable by

imprisonment for a term exceeding one year;

(4) is a fugitive from justice;

(5) is an unlawful user of or addicted to any

controlled substance as defined in Section 102 of the

federal Controlled Substances Act (21 U.S.C. Sec. 802 et

seq.);

(6) has been adjudicated a person with a mental

disability mentally disabled person as defined in Section

1.1 of the Firearm Owners Identification Card Act; or

(7) is not a legal citizen of the United States.

(b) A person who has been granted a "relief from

disabilities" regarding criminal convictions and indictments,

pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

845) may receive a license provided all other qualifications

under this Act are met.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 610. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Act of 1985 is amended by

changing Section 3B-15 as follows:

(225 ILCS 410/3B-15)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3B-15. Grounds for disciplinary action. In addition to

any other cause herein set forth the Department may refuse to

issue or renew and may suspend, place on probation, or revoke

any license to operate a school, or take any other disciplinary

or non-disciplinary action that the Department may deem proper,

including the imposition of fines not to exceed $5,000 for each

violation, for any one or any combination of the following

causes:

(1) Repeated violation of any provision of this Act or

any standard or rule established under this Act.

(2) Knowingly furnishing false, misleading, or

incomplete information to the Department or failure to

furnish information requested by the Department.

(3) Violation of any commitment made in an application

for a license, including failure to maintain standards that

are the same as, or substantially equivalent to, those

represented in the school's applications and advertising.

(4) Presenting to prospective students information

relating to the school, or to employment opportunities or

opportunities for enrollment in institutions of higher

learning after entering into or completing courses offered

by the school, that is false, misleading, or fraudulent.

(5) Failure to provide premises or equipment or to

maintain them in a safe and sanitary condition as required

by law.

(6) Failure to maintain financial resources adequate

for the satisfactory conduct of the courses of instruction

offered or to retain a sufficient and qualified

instructional and administrative staff.

(7) Refusal to admit applicants on account of race,

color, creed, sex, physical or mental disability handicap

unrelated to ability, religion, or national origin.

(8) Paying a commission or valuable consideration to

any person for acts or services performed in violation of

this Act.

(9) Attempting to confer a fraudulent degree, diploma,

or certificate upon a student.

(10) Failure to correct any deficiency or act of

noncompliance under this Act or the standards and rules

established under this Act within reasonable time limits

set by the Department.

(11) Conduct of business or instructional services

other than at locations approved by the Department.

(12) Failure to make all of the disclosures or making

inaccurate disclosures to the Department or in the

enrollment agreement as required under this Act.

(13) Failure to make appropriate refunds as required by

this Act.

(14) Denial, loss, or withdrawal of accreditation by

any accrediting agency.

(15) During any calendar year, having a failure rate of

25% or greater for those of its students who for the first

time take the examination authorized by the Department to

determine fitness to receive a license as a barber, barber

teacher, cosmetologist, cosmetology teacher, esthetician,

esthetician teacher, hair braider, hair braiding teacher,

nail technician, or nail technology teacher, provided that

a student who transfers into the school having completed

50% or more of the required program and who takes the

examination during that calendar year shall not be counted

for purposes of determining the school's failure rate on an

examination, without regard to whether that transfer

student passes or fails the examination.

(16) Failure to maintain a written record indicating

the funds received per student and funds paid out per

student. Such records shall be maintained for a minimum of

7 years and shall be made available to the Department upon

request. Such records shall identify the funding source and

amount for any student who has enrolled as well as any

other item set forth by rule.

(17) Failure to maintain a copy of the student record

as defined by rule.

(Source: P.A. 98-911, eff. 1-1-15.)

Section 615. The Real Estate License Act of 2000 is amended

by changing Section 25-40 as follows:

(225 ILCS 454/25-40)

(Section scheduled to be repealed on January 1, 2020)

Sec. 25-40. Exclusive State powers and functions;

municipal powers. It is declared to be the public policy of

this State, pursuant to paragraphs (h) and (i) of Section 6 of

Article VII of the Illinois Constitution of 1970, that any

power or function set forth in this Act to be exercised by the

State is an exclusive State power or function. Such power or

function shall not be exercised concurrently, either directly

or indirectly, by any unit of local government, including home

rule units, except as otherwise provided in this Act. Nothing

in this Section shall be construed to affect or impair the

validity of Section 11-11.1-1 of the Illinois Municipal Code,

as amended, or to deny to the corporate authorities of any

municipality the powers granted in the Illinois Municipal Code

to enact ordinances prescribing fair housing practices;

defining unfair housing practices; establishing Fair Housing

or Human Relations Commissions and standards for the operation

of these commissions in the administration and enforcement of

such ordinances; prohibiting discrimination based on race,

color, creed, ancestry, national origin or physical or mental

disability handicap in the listing, sale, assignment,

exchange, transfer, lease, rental, or financing of real

property for the purpose of the residential occupancy thereof;

and prescribing penalties for violations of such ordinances.

(Source: P.A. 91-245, eff. 12-31-99.)

Section 620. The Solicitation for Charity Act is amended by

changing Sections 1 and 11 as follows:

(225 ILCS 460/1) (from Ch. 23, par. 5101)

Sec. 1. The following words and phrases as used in this Act

shall have the following meanings unless a different meaning is

required by the context.

(a) "Charitable organization" means any benevolent,

philanthropic, patriotic, or eleemosynary person or one

purporting to be such which solicits and collects funds for

charitable purposes and includes each local, county, or area

division within this State of such charitable organization,

provided such local, county or area division has authority and

discretion to disburse funds or property otherwise than by

transfer to any parent organization.

(b) "Contribution" means the promise or grant of any money

or property of any kind or value, including the promise to pay,

except payments by union members of an organization. Reference

to the dollar amount of "contributions" in this Act means in

the case of promises to pay, or payments for merchandise or

rights of any other description, the value of the total amount

promised to be paid or paid for such merchandise or rights and

not merely that portion of the purchase price to be applied to

a charitable purpose. Contribution shall not include the

proceeds from the sale of admission tickets by any

not-for-profit music or dramatic arts organization which

establishes, by such proof as the Attorney General may require,

that it has received an exemption under Section 501(c)(3) of

the Internal Revenue Code and which is organized and operated

for the presentation of live public performances of musical or

theatrical works on a regular basis. For purposes of this

subsection, union member dues and donated services shall not be

deemed contributions.

(c) "Person" means any individual, organization, group,

association, partnership, corporation, trust or any

combination of them.

(d) "Professional fund raiser" means any person who for

compensation or other consideration, conducts, manages, or

carries on any solicitation or fund raising drive or campaign

in this State or from this State or on behalf of a charitable

organization residing within this State for the purpose of

soliciting, receiving, or collecting contributions for or on

behalf of any charitable organization or any other person, or

who engages in the business of, or holds himself out to persons

in this State as independently engaged in the business of

soliciting, receiving, or collecting contributions for such

purposes. A bona fide director, officer, employee or unpaid

volunteer of a charitable organization shall not be deemed a

professional fund raiser unless the person is in a management

position and the majority of the individual's salary or other

compensation is computed on a percentage basis of funds to be

raised, or actually raised.

(e) "Professional fund raising consultant" means any

person who is retained by a charitable organization or trustee

for a fixed fee or rate that is not computed on a percentage of

funds to be raised, or actually raised, under a written

agreement, to only plan, advise, consult, or prepare materials

for a solicitation of contributions in this State, but who does

not manage, conduct or carry on a fundraising campaign and who

does not solicit contributions or employ, procure, or engage

any compensated person to solicit contributions and who does

not at any time have custody or control of contributions. A

volunteer, employee or salaried officer of a charitable

organization or trustee maintaining a permanent establishment

or office in this State is not a professional fundraising

consultant. An attorney, investment counselor, or banker who

advises an individual, corporation or association to make a

charitable contribution is not a professional fundraising

consultant as a result of the advice.

(f) "Charitable purpose" means any charitable, benevolent,

philanthropic, patriotic, or eleemosynary purpose.

(g) "Charitable Trust" means any relationship whereby

property is held by a person for a charitable purpose.

(h) "Education Program Service" means any activity which

provides information to the public of a nature that is not

commonly known or facts which are not universally regarded as

obvious or as established by common understanding and which

informs the public of what it can or should do about a

particular issue.

(i) "Primary Program Service" means the program service

upon which an organization spends more than 50% of its program

service funds or the program activity which represents the

largest expenditure of funds in the fiscal period.

(j) "Professional solicitor" means any natural person who

is employed or retained for compensation by a professional fund

raiser to solicit, receive, or collect contributions for

charitable purposes from persons in this State or from this

State or on behalf of a charitable organization residing within

this State.

(k) "Program Service Activity" means the actual charitable

program activities of a charitable organization for which it

expends its resources.

(l) "Program Service Expense" means the expenses of

charitable program activity and not management expenses or fund

raising expenses. In determining Program Service Expense,

management and fund raising expenses may not be included.

(m) "Public Safety Personnel Organization" means any

person who uses any of the words "officer", "police",

"policeman", "policemen", "troopers", "sheriff", "law

enforcement", "fireman", "firemen", "paramedic", or similar

words in its name or in conjunction with solicitations, or in

the title or name of a magazine, newspaper, periodical,

advertisement book, or any other medium of electronic or print

publication, and is not a governmental entity. No organization

may be a Public Safety Personnel Organization unless 80% or

more of its voting members or trustees are active or , retired

police officers, police officers with disabilities , or

disabled police officers, peace officers, firemen, fire

fighters, emergency medical technicians - ambulance, emergency

medical technicians - intermediate, emergency medical

technicians - paramedic, ambulance drivers, or other medical

assistance or first aid personnel.

(m-5) "Public Safety Personnel" includes police officers,

peace officers, firemen, fire fighters, emergency medical

technicians - ambulance, emergency medical technicians -

intermediate, emergency medical technicians - paramedic,

ambulance drivers, and other medical assistance or first aid

personnel.

(n) "Trustee" means any person, individual, group of

individuals, association, corporation, not for profit

corporation, or other legal entity holding property for or

solicited for any charitable purpose; or any officer, director,

executive director or other controlling persons of a

corporation soliciting or holding property for a charitable

purpose.

(Source: P.A. 94-749, eff. 1-1-07.)

(225 ILCS 460/11) (from Ch. 23, par. 5111)

Sec. 11. (a) No person shall for the purpose of soliciting

contributions from persons in this State, use the name of any

other person, except that of an officer, director or trustee of

the charitable organization by or for which contributions are

solicited, without the written consent of such other persons.

(b) A person shall be deemed to have used the name of

another person for the purpose of soliciting contributions if

such latter person's name is listed on any stationery,

advertisement, brochure or correspondence in or by which a

contribution is solicited by or on behalf of a charitable

organization or his name is listed or referred to in connection

with a request for a contribution as one who has contributed

to, sponsored or endorsed the charitable organization or its

activities.

(c) Nothing contained in this Section shall prevent the

publication of names of contributors without their written

consents, in an annual or other periodic report issued by a

charitable organization for the purpose of reporting on its

operations and affairs to its membership or for the purpose of

reporting contributions to contributors.

(d) No charitable organization or professional fund raiser

soliciting contributions shall use a name, symbol, or statement

so closely related or similar to that used by another

charitable organization or governmental agency that the use

thereof would tend to confuse or mislead the public.

(d-1) No Public Safety Personnel Organization may by words

in its name or in its solicitations claim to be representing,

acting on behalf of, assisting, or affiliated with the public

safety personnel of a particular municipal, regional, or other

geographical area, unless: (1) 80% or more of the

organization's voting members and trustees are persons who are

actively employed or retired or disabled from employment within

the particular municipal, regional, or other geographical area

stated in the name or solicitation; (2) all of these members

are vested with the right to vote in the election of the

managing or controlling officers of the organization either

directly or through delegates; and (3) the organization

includes in any solicitation the actual number of active or ,

retired police officers, or police officers with disabilities ,

or disabled police officers, peace officers, firemen, fire

fighters, emergency medical technicians - ambulance, emergency

medical technicians - intermediate, emergency medical

technicians - paramedic, ambulance drivers, or other medical

assistance or first aid personnel who are members of the

organization who are actively employed, retired, or disabled

from employment within the particular municipal, regional, or

other geographical area referenced in the solicitation.

(d-2) No person or organization may have a name or use a

name using the words "officer", "police", "policeman",

"policemen", "trooper", "sheriff", "law enforcement officer",

"deputy", "chief of police", or similar words therein unless

80% or more of its trustees and voting members are active or ,

retired law enforcement personnel or law enforcement personnel

with disabilities , or disabled law enforcement personnel.

(d-3) No person or organization may have a name or use a

name using the words "fireman", "firemen", "fire fighter",

"fire chief", "paramedic", or similar words therein unless 80%

or more of its trustees and voting members are active or ,

retired fire fighters or fire fighters with disabilities or

disabled fire fighters, firemen, emergency medical technicians -

ambulance, emergency medical technicians - intermediate,

emergency medical technicians - paramedic, ambulance drivers,

or other medical assistance or first aid personnel.

(d-4) No person by words in a Public Safety Personnel

Organization name or in solicitations made therefor shall state

he or she or his or her organization is assisting or affiliated

with a local, municipal, regional, or other governmental body

or geographical area unless 80% of its trustees and voting

members are active or , retired police officers or police

officers with disabilities , or disabled police officers, law

enforcement officials, firemen, fire fighters, emergency

medical technicians - ambulance, emergency medical technicians -

intermediate, emergency medical technicians - paramedic,

ambulance drivers, or other medical assistance or first aid

personnel of the local, municipal, regional, or other

geographical area so named or stated. Nothing in this Act shall

prohibit a Public Safety Personnel Organization from stating

the actual number of members it has in any geographical area.

(e) Any person or organization that willfully violates the

provisions of this Section is guilty of a Class A misdemeanor.

Any person or organization that willfully violates the

provisions of this Section may in addition to other remedies be

subject to a fine of $2,000 for each violation, shall be

subject to forfeiture of all solicitation fees, and shall be

enjoined from operating as a fund raiser and soliciting the

public for fundraising purposes.

(Source: P.A. 91-301, eff. 7-29-99.)

Section 625. The Illinois Horse Racing Act of 1975 is

amended by changing Section 28 as follows:

(230 ILCS 5/28) (from Ch. 8, par. 37-28)

Sec. 28. Except as provided in subsection (g) of Section 27

of this Act, moneys collected shall be distributed according to

the provisions of this Section 28.

(a) Thirty per cent of the total of all monies received by

the State as privilege taxes shall be paid into the

Metropolitan Exposition Auditorium and Office Building Fund in

the State Treasury.

(b) In addition, 4.5% of the total of all monies received

by the State as privilege taxes shall be paid into the State

treasury into a special Fund to be known as the Metropolitan

Exposition, Auditorium, and Office Building Fund.

(c) Fifty per cent of the total of all monies received by

the State as privilege taxes under the provisions of this Act

shall be paid into the Agricultural Premium Fund.

(d) Seven per cent of the total of all monies received by

the State as privilege taxes shall be paid into the Fair and

Exposition Fund in the State treasury; provided, however, that

when all bonds issued prior to July 1, 1984 by the Metropolitan

Fair and Exposition Authority shall have been paid or payment

shall have been provided for upon a refunding of those bonds,

thereafter 1/12 of $1,665,662 of such monies shall be paid each

month into the Build Illinois Fund, and the remainder into the

Fair and Exposition Fund. All excess monies shall be allocated

to the Department of Agriculture for distribution to county

fairs for premiums and rehabilitation as set forth in the

Agricultural Fair Act.

(e) The monies provided for in Section 30 shall be paid

into the Illinois Thoroughbred Breeders Fund.

(f) The monies provided for in Section 31 shall be paid

into the Illinois Standardbred Breeders Fund.

(g) Until January 1, 2000, that part representing 1/2 of

the total breakage in Thoroughbred, Harness, Appaloosa,

Arabian, and Quarter Horse racing in the State shall be paid

into the Illinois Race Track Improvement Fund as established in

Section 32.

(h) All other monies received by the Board under this Act

shall be paid into the Horse Racing Fund.

(i) The salaries of the Board members, secretary, stewards,

directors of mutuels, veterinarians, representatives,

accountants, clerks, stenographers, inspectors and other

employees of the Board, and all expenses of the Board incident

to the administration of this Act, including, but not limited

to, all expenses and salaries incident to the taking of saliva

and urine samples in accordance with the rules and regulations

of the Board shall be paid out of the Agricultural Premium

Fund.

(j) The Agricultural Premium Fund shall also be used:

(1) for the expenses of operating the Illinois State

Fair and the DuQuoin State Fair, including the payment of

prize money or premiums;

(2) for the distribution to county fairs, vocational

agriculture section fairs, agricultural societies, and

agricultural extension clubs in accordance with the

Agricultural Fair Act, as amended;

(3) for payment of prize monies and premiums awarded

and for expenses incurred in connection with the

International Livestock Exposition and the Mid-Continent

Livestock Exposition held in Illinois, which premiums, and

awards must be approved, and paid by the Illinois

Department of Agriculture;

(4) for personal service of county agricultural

advisors and county home advisors;

(5) for distribution to agricultural home economic

extension councils in accordance with "An Act in relation

to additional support and finance for the Agricultural and

Home Economic Extension Councils in the several counties in

this State and making an appropriation therefor", approved

July 24, 1967, as amended;

(6) for research on equine disease, including a

development center therefor;

(7) for training scholarships for study on equine

diseases to students at the University of Illinois College

of Veterinary Medicine;

(8) for the rehabilitation, repair and maintenance of

the Illinois and DuQuoin State Fair Grounds and the

structures and facilities thereon and the construction of

permanent improvements on such Fair Grounds, including

such structures, facilities and property located on such

State Fair Grounds which are under the custody and control

of the Department of Agriculture;

(9) for the expenses of the Department of Agriculture

under Section 5-530 of the Departments of State Government

Law (20 ILCS 5/5-530);

(10) for the expenses of the Department of Commerce and

Economic Opportunity under Sections 605-620, 605-625, and

605-630 of the Department of Commerce and Economic

Opportunity Law (20 ILCS 605/605-620, 605/605-625, and

605/605-630);

(11) for remodeling, expanding, and reconstructing

facilities destroyed by fire of any Fair and Exposition

Authority in counties with a population of 1,000,000 or

more inhabitants;

(12) for the purpose of assisting in the care and

general rehabilitation of veterans with disabilities

disabled veterans of any war and their surviving spouses

and orphans;

(13) for expenses of the Department of State Police for

duties performed under this Act;

(14) for the Department of Agriculture for soil surveys

and soil and water conservation purposes;

(15) for the Department of Agriculture for grants to

the City of Chicago for conducting the Chicagofest;

(16) for the State Comptroller for grants and operating

expenses authorized by the Illinois Global Partnership

Act.

(k) To the extent that monies paid by the Board to the

Agricultural Premium Fund are in the opinion of the Governor in

excess of the amount necessary for the purposes herein stated,

the Governor shall notify the Comptroller and the State

Treasurer of such fact, who, upon receipt of such notification,

shall transfer such excess monies from the Agricultural Premium

Fund to the General Revenue Fund.

(Source: P.A. 97-1060, eff. 8-24-12.)

Section 630. The Riverboat Gambling Act is amended by

changing Section 6 as follows:

(230 ILCS 10/6) (from Ch. 120, par. 2406)

Sec. 6. Application for Owners License.

(a) A qualified person may apply to the Board for an owners

license to conduct a riverboat gambling operation as provided

in this Act. The application shall be made on forms provided by

the Board and shall contain such information as the Board

prescribes, including but not limited to the identity of the

riverboat on which such gambling operation is to be conducted

and the exact location where such riverboat will be docked, a

certification that the riverboat will be registered under this

Act at all times during which gambling operations are conducted

on board, detailed information regarding the ownership and

management of the applicant, and detailed personal information

regarding the applicant. Any application for an owners license

to be re-issued on or after June 1, 2003 shall also include the

applicant's license bid in a form prescribed by the Board.

Information provided on the application shall be used as a

basis for a thorough background investigation which the Board

shall conduct with respect to each applicant. An incomplete

application shall be cause for denial of a license by the

Board.

(b) Applicants shall submit with their application all

documents, resolutions, and letters of support from the

governing body that represents the municipality or county

wherein the licensee will dock.

(c) Each applicant shall disclose the identity of every

person, association, trust or corporation having a greater than

1% direct or indirect pecuniary interest in the riverboat

gambling operation with respect to which the license is sought.

If the disclosed entity is a trust, the application shall

disclose the names and addresses of the beneficiaries; if a

corporation, the names and addresses of all stockholders and

directors; if a partnership, the names and addresses of all

partners, both general and limited.

(d) An application shall be filed and considered in

accordance with the rules of the Board. An application fee of

$50,000 shall be paid at the time of filing to defray the costs

associated with the background investigation conducted by the

Board. If the costs of the investigation exceed $50,000, the

applicant shall pay the additional amount to the Board. If the

costs of the investigation are less than $50,000, the applicant

shall receive a refund of the remaining amount. All

information, records, interviews, reports, statements,

memoranda or other data supplied to or used by the Board in the

course of its review or investigation of an application for a

license or a renewal under this Act shall be privileged,

strictly confidential and shall be used only for the purpose of

evaluating an applicant for a license or a renewal. Such

information, records, interviews, reports, statements,

memoranda or other data shall not be admissible as evidence,

nor discoverable in any action of any kind in any court or

before any tribunal, board, agency or person, except for any

action deemed necessary by the Board.

(e) The Board shall charge each applicant a fee set by the

Department of State Police to defray the costs associated with

the search and classification of fingerprints obtained by the

Board with respect to the applicant's application. These fees

shall be paid into the State Police Services Fund.

(f) The licensed owner shall be the person primarily

responsible for the boat itself. Only one riverboat gambling

operation may be authorized by the Board on any riverboat. The

applicant must identify each riverboat it intends to use and

certify that the riverboat: (1) has the authorized capacity

required in this Act; (2) is accessible to persons with

disabilities disabled persons; and (3) is fully registered and

licensed in accordance with any applicable laws.

(g) A person who knowingly makes a false statement on an

application is guilty of a Class A misdemeanor.

(Source: P.A. 96-1392, eff. 1-1-11.)

Section 635. The Bingo License and Tax Act is amended by

changing Section 1.3 as follows:

(230 ILCS 25/1.3)

Sec. 1.3. Restrictions on licensure. Licensing for the

conducting of bingo is subject to the following restrictions:

(1) The license application, when submitted to the

Department, must contain a sworn statement attesting to the

not-for-profit character of the prospective licensee

organization, signed by a person listed on the application

as an owner, officer, or other person in charge of the

necessary day-to-day operations of that organization.

(2) The license application shall be prepared in

accordance with the rules of the Department.

(3) The licensee shall prominently display the license

in the area where the licensee conducts bingo. The licensee

shall likewise display, in the form and manner as

prescribed by the Department, the provisions of Section 8

of this Act.

(4) Each license shall state the day of the week, hours

and at which location the licensee is permitted to conduct

bingo games.

(5) A license is not assignable or transferable.

(6) A license authorizes the licensee to conduct the

game commonly known as bingo, in which prizes are awarded

on the basis of designated numbers or symbols on a card

conforming to numbers or symbols selected at random.

(7) The Department may, on special application made by

any organization having a bingo license, issue a special

permit for conducting bingo at other premises and on other

days not exceeding 5 consecutive days, except that a

licensee may conduct bingo at the Illinois State Fair or

any county fair held in Illinois during each day that the

fair is held, without a fee. Bingo games conducted at the

Illinois State Fair or a county fair shall not require a

special permit. No more than 2 special permits may be

issued in one year to any one organization.

(8) Any organization qualified for a license but not

holding one may, upon application and payment of a

nonrefundable fee of $50, receive a limited license to

conduct bingo games at no more than 2 indoor or outdoor

festivals in a year for a maximum of 5 consecutive days on

each occasion. No more than 2 limited licenses under this

item (7) may be issued to any organization in any year. A

limited license must be prominently displayed at the site

where the bingo games are conducted.

(9) Senior citizens organizations and units of local

government may conduct bingo without a license or fee,

subject to the following conditions:

(A) bingo shall be conducted only (i) at a facility

that is owned by a unit of local government to which

the corporate authorities have given their approval

and that is used to provide social services or a

meeting place to senior citizens, (ii) in common areas

in multi-unit federally assisted rental housing

maintained solely for elderly persons and persons with

disabilities the elderly and handicapped, or (iii) at a

building owned by a church or veterans organization;

(B) the price paid for a single card shall not

exceed 50 cents;

(C) the aggregate retail value of all prizes or

merchandise awarded in any one game of bingo shall not

exceed $10;

(D) no person or organization shall participate in

the management or operation of bingo under this item

(9) if the person or organization would be ineligible

for a license under this Section; and

(E) no license is required to provide premises for

bingo conducted under this item (9).

(10) Bingo equipment shall not be used for any purpose

other than for the play of bingo.

(Source: P.A. 96-210, eff. 8-10-09; 96-1055, eff. 7-14-10;

96-1150, eff. 7-21-10; 97-333, eff. 8-12-11.)

Section 640. The Illinois Public Aid Code is amended by

changing Sections 4-1.1, 4-1.6, 4-2, 4-3a, 5-1, 5-1.1, 5-2,

5-4, 5-5.4f, 5-5.17, 5-5a, and 5-13 and the heading of Article

V-C and Sections 5C-1, 5C-2, 5C-3, 5C-4, 5C-5, 5C-6, 5C-7,

5C-8, 5C-10, 6-1.2, 6-2, 6-11, 11-20, 12-4.42, and 12-5 as

follows:

(305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)

Sec. 4-1.1. Child age eligibility.

(a) Every assistance unit must include a child, except as

provided in subsections (b) and (c). The child or children must

have already been born and be under age 18, or, if age 18, must

be a full-time student in a secondary school or the equivalent

level of vocational or technical training.

(b) Grants shall be provided for assistance units

consisting exclusively of a pregnant woman with no dependent

child, and may include her husband if living with her, if the

pregnancy has been determined by medical diagnosis.

(c) Grants may be provided for assistance units consisting

of only adults if all the children living with those adults are

children with disabilities disabled and receive Supplemental

Security Income.

(Source: P.A. 92-111, eff. 1-1-02.)

(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)

Sec. 4-1.6. Need. Income available to the family as defined

by the Illinois Department by rule, or to the child in the case

of a child removed from his or her home, when added to

contributions in money, substance or services from other

sources, including income available from parents absent from

the home or from a stepparent, contributions made for the

benefit of the parent or other persons necessary to provide

care and supervision to the child, and contributions from

legally responsible relatives, must be equal to or less than

the grant amount established by Department regulation for such

a person. For purposes of eligibility for aid under this

Article, the Department shall (a) disregard all earned income

between the grant amount and 50% of the Federal Poverty Level

and (b) disregard the value of all assets held by the family.

In considering income to be taken into account,

consideration shall be given to any expenses reasonably

attributable to the earning of such income. Three-fourths of

the earned income of a household eligible for aid under this

Article shall be disregarded when determining the level of

assistance for which a household is eligible. The Illinois

Department may also permit all or any portion of earned or

other income to be set aside for the future identifiable needs

of a child. The Illinois Department may provide by rule and

regulation for the exemptions thus permitted or required. The

eligibility of any applicant for or recipient of public aid

under this Article is not affected by the payment of any grant

under the "Senior Citizens and Persons with Disabilities

Disabled Persons Property Tax Relief Act" or any distributions

or items of income described under subparagraph (X) of

paragraph (2) of subsection (a) of Section 203 of the Illinois

Income Tax Act.

The Illinois Department may, by rule, set forth criteria

under which an assistance unit is ineligible for cash

assistance under this Article for a specified number of months

due to the receipt of a lump sum payment.

(Source: P.A. 97-689, eff. 6-14-12; 98-114, eff. 7-29-13.)

(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)

Sec. 4-2. Amount of aid.

(a) The amount and nature of financial aid shall be

determined in accordance with the grant amounts, rules and

regulations of the Illinois Department. Due regard shall be

given to the self-sufficiency requirements of the family and to

the income, money contributions and other support and resources

available, from whatever source. However, the amount and nature

of any financial aid is not affected by the payment of any

grant under the "Senior Citizens and Persons with Disabilities

Disabled Persons Property Tax Relief Act" or any distributions

or items of income described under subparagraph (X) of

paragraph (2) of subsection (a) of Section 203 of the Illinois

Income Tax Act. The aid shall be sufficient, when added to all

other income, money contributions and support to provide the

family with a grant in the amount established by Department

regulation.

Subject to appropriation, beginning on July 1, 2008, the

Department of Human Services shall increase TANF grant amounts

in effect on June 30, 2008 by 15%. The Department is authorized

to administer this increase but may not otherwise adopt any

rule to implement this increase.

(b) The Illinois Department may conduct special projects,

which may be known as Grant Diversion Projects, under which

recipients of financial aid under this Article are placed in

jobs and their grants are diverted to the employer who in turn

makes payments to the recipients in the form of salary or other

employment benefits. The Illinois Department shall by rule

specify the terms and conditions of such Grant Diversion

Projects. Such projects shall take into consideration and be

coordinated with the programs administered under the Illinois

Emergency Employment Development Act.

(c) The amount and nature of the financial aid for a child

requiring care outside his own home shall be determined in

accordance with the rules and regulations of the Illinois

Department, with due regard to the needs and requirements of

the child in the foster home or institution in which he has

been placed.

(d) If the Department establishes grants for family units

consisting exclusively of a pregnant woman with no dependent

child or including her husband if living with her, the grant

amount for such a unit shall be equal to the grant amount for

an assistance unit consisting of one adult, or 2 persons if the

husband is included. Other than as herein described, an unborn

child shall not be counted in determining the size of an

assistance unit or for calculating grants.

Payments for basic maintenance requirements of a child or

children and the relative with whom the child or children are

living shall be prescribed, by rule, by the Illinois

Department.

Grants under this Article shall not be supplemented by

General Assistance provided under Article VI.

(e) Grants shall be paid to the parent or other person with

whom the child or children are living, except for such amount

as is paid in behalf of the child or his parent or other

relative to other persons or agencies pursuant to this Code or

the rules and regulations of the Illinois Department.

(f) Subject to subsection (f-5), an assistance unit,

receiving financial aid under this Article or temporarily

ineligible to receive aid under this Article under a penalty

imposed by the Illinois Department for failure to comply with

the eligibility requirements or that voluntarily requests

termination of financial assistance under this Article and

becomes subsequently eligible for assistance within 9 months,

shall not receive any increase in the amount of aid solely on

account of the birth of a child; except that an increase is not

prohibited when the birth is (i) of a child of a pregnant woman

who became eligible for aid under this Article during the

pregnancy, or (ii) of a child born within 10 months after the

date of implementation of this subsection, or (iii) of a child

conceived after a family became ineligible for assistance due

to income or marriage and at least 3 months of ineligibility

expired before any reapplication for assistance. This

subsection does not, however, prevent a unit from receiving a

general increase in the amount of aid that is provided to all

recipients of aid under this Article.

The Illinois Department is authorized to transfer funds,

and shall use any budgetary savings attributable to not

increasing the grants due to the births of additional children,

to supplement existing funding for employment and training

services for recipients of aid under this Article IV. The

Illinois Department shall target, to the extent the

supplemental funding allows, employment and training services

to the families who do not receive a grant increase after the

birth of a child. In addition, the Illinois Department shall

provide, to the extent the supplemental funding allows, such

families with up to 24 months of transitional child care

pursuant to Illinois Department rules. All remaining

supplemental funds shall be used for employment and training

services or transitional child care support.

In making the transfers authorized by this subsection, the

Illinois Department shall first determine, pursuant to

regulations adopted by the Illinois Department for this

purpose, the amount of savings attributable to not increasing

the grants due to the births of additional children. Transfers

may be made from General Revenue Fund appropriations for

distributive purposes authorized by Article IV of this Code

only to General Revenue Fund appropriations for employability

development services including operating and administrative

costs and related distributive purposes under Article IXA of

this Code. The Director, with the approval of the Governor,

shall certify the amount and affected line item appropriations

to the State Comptroller.

Nothing in this subsection shall be construed to prohibit

the Illinois Department from using funds under this Article IV

to provide assistance in the form of vouchers that may be used

to pay for goods and services deemed by the Illinois

Department, by rule, as suitable for the care of the child such

as diapers, clothing, school supplies, and cribs.

(f-5) Subsection (f) shall not apply to affect the monthly

assistance amount of any family as a result of the birth of a

child on or after January 1, 2004. As resources permit after

January 1, 2004, the Department may cease applying subsection

(f) to limit assistance to families receiving assistance under

this Article on January 1, 2004, with respect to children born

prior to that date. In any event, subsection (f) shall be

completely inoperative on and after July 1, 2007.

(g) (Blank).

(h) Notwithstanding any other provision of this Code, the

Illinois Department is authorized to reduce payment levels used

to determine cash grants under this Article after December 31

of any fiscal year if the Illinois Department determines that

the caseload upon which the appropriations for the current

fiscal year are based have increased by more than 5% and the

appropriation is not sufficient to ensure that cash benefits

under this Article do not exceed the amounts appropriated for

those cash benefits. Reductions in payment levels may be

accomplished by emergency rule under Section 5-45 of the

Illinois Administrative Procedure Act, except that the

limitation on the number of emergency rules that may be adopted

in a 24-month period shall not apply and the provisions of

Sections 5-115 and 5-125 of the Illinois Administrative

Procedure Act shall not apply. Increases in payment levels

shall be accomplished only in accordance with Section 5-40 of

the Illinois Administrative Procedure Act. Before any rule to

increase payment levels promulgated under this Section shall

become effective, a joint resolution approving the rule must be

adopted by a roll call vote by a majority of the members

elected to each chamber of the General Assembly.

(Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)

(305 ILCS 5/4-3a) (from Ch. 23, par. 4-3a)

Sec. 4-3a. No otherwise qualified child with a disability

handicapped child receiving special education and related

services under Article 14 of The School Code shall solely by

reason of his or her disability handicap be excluded from the

participation in or be denied the benefits of or be subjected

to discrimination under any program or activity provided by the

Department.

(Source: P.A. 80-1403.)

(305 ILCS 5/5-1) (from Ch. 23, par. 5-1)

Sec. 5-1. Declaration of purpose. It is the purpose of this

Article to provide a program of essential medical care and

rehabilitative services for persons receiving basic

maintenance grants under this Code and for other persons who

are unable, because of inadequate resources, to meet their

essential medical needs.

Preservation of health, alleviation of sickness, and

correction of disabling handicapping conditions for persons

requiring maintenance support are essential if they are to have

an opportunity to become self-supporting or to attain a greater

capacity for self-care. For persons who are medically indigent

but otherwise able to provide themselves with a livelihood, it

is of special importance to maintain their incentives for

continued independence and preserve their limited resources

for ordinary maintenance needs to prevent their total or

substantial dependency.

(Source: Laws 1967, p. 122.)

(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)

Sec. 5-1.1. Definitions. The terms defined in this Section

shall have the meanings ascribed to them, except when the

context otherwise requires.

(a) "Nursing facility" means a facility, licensed by the

Department of Public Health under the Nursing Home Care Act,

that provides nursing facility services within the meaning of

Title XIX of the federal Social Security Act.

(b) "Intermediate care facility for persons with

developmental disabilities the developmentally disabled" or

"ICF/DD" means a facility, licensed by the Department of Public

Health under the ID/DD Community Care Act, that is an

intermediate care facility for the mentally retarded within the

meaning of Title XIX of the federal Social Security Act.

(c) "Standard services" means those services required for

the care of all patients in the facility and shall, as a

minimum, include the following: (1) administration; (2)

dietary (standard); (3) housekeeping; (4) laundry and linen;

(5) maintenance of property and equipment, including

utilities; (6) medical records; (7) training of employees; (8)

utilization review; (9) activities services; (10) social

services; (11) disability services; and all other similar

services required by either the laws of the State of Illinois

or one of its political subdivisions or municipalities or by

Title XIX of the Social Security Act.

(d) "Patient services" means those which vary with the

number of personnel; professional and para-professional skills

of the personnel; specialized equipment, and reflect the

intensity of the medical and psycho-social needs of the

patients. Patient services shall as a minimum include: (1)

physical services; (2) nursing services, including restorative

nursing; (3) medical direction and patient care planning; (4)

health related supportive and habilitative services and all

similar services required by either the laws of the State of

Illinois or one of its political subdivisions or municipalities

or by Title XIX of the Social Security Act.

(e) "Ancillary services" means those services which

require a specific physician's order and defined as under the

medical assistance program as not being routine in nature for

skilled nursing facilities and ICF/DDs. Such services

generally must be authorized prior to delivery and payment as

provided for under the rules of the Department of Healthcare

and Family Services.

(f) "Capital" means the investment in a facility's assets

for both debt and non-debt funds. Non-debt capital is the

difference between an adjusted replacement value of the assets

and the actual amount of debt capital.

(g) "Profit" means the amount which shall accrue to a

facility as a result of its revenues exceeding its expenses as

determined in accordance with generally accepted accounting

principles.

(h) "Non-institutional services" means those services

provided under paragraph (f) of Section 3 of the Rehabilitation

of Persons with Disabilities Disabled Persons Rehabilitation

Act and those services provided under Section 4.02 of the

Illinois Act on the Aging.

(i) (Blank).

(j) "Institutionalized person" means an individual who is

an inpatient in an ICF/DD or nursing facility, or who is an

inpatient in a medical institution receiving a level of care

equivalent to that of an ICF/DD or nursing facility, or who is

receiving services under Section 1915(c) of the Social Security

Act.

(k) "Institutionalized spouse" means an institutionalized

person who is expected to receive services at the same level of

care for at least 30 days and is married to a spouse who is not

an institutionalized person.

(l) "Community spouse" is the spouse of an

institutionalized spouse.

(m) "Health Benefits Service Package" means, subject to

federal approval, benefits covered by the medical assistance

program as determined by the Department by rule for individuals

eligible for medical assistance under paragraph 18 of Section

5-2 of this Code.

(n) "Federal poverty level" means the poverty guidelines

updated periodically in the Federal Register by the U.S.

Department of Health and Human Services. These guidelines set

poverty levels by family size.

(Source: P.A. 97-227, eff. 1-1-12; 97-820, eff. 7-17-12;

98-104, eff. 7-22-13.)

(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)

Sec. 5-2. Classes of Persons Eligible.

Medical assistance under this Article shall be available to

any of the following classes of persons in respect to whom a

plan for coverage has been submitted to the Governor by the

Illinois Department and approved by him. If changes made in

this Section 5-2 require federal approval, they shall not take

effect until such approval has been received:

1. Recipients of basic maintenance grants under

Articles III and IV.

2. Beginning January 1, 2014, persons otherwise

eligible for basic maintenance under Article III,

excluding any eligibility requirements that are

inconsistent with any federal law or federal regulation, as

interpreted by the U.S. Department of Health and Human

Services, but who fail to qualify thereunder on the basis

of need, and who have insufficient income and resources to

meet the costs of necessary medical care, including but not

limited to the following:

(a) All persons otherwise eligible for basic

maintenance under Article III but who fail to qualify

under that Article on the basis of need and who meet

either of the following requirements:

(i) their income, as determined by the

Illinois Department in accordance with any federal

requirements, is equal to or less than 100% of the

federal poverty level; or

(ii) their income, after the deduction of

costs incurred for medical care and for other types

of remedial care, is equal to or less than 100% of

the federal poverty level.

(b) (Blank).

3. (Blank).

4. Persons not eligible under any of the preceding

paragraphs who fall sick, are injured, or die, not having

sufficient money, property or other resources to meet the

costs of necessary medical care or funeral and burial

expenses.

5.(a) Women during pregnancy and during the 60-day

period beginning on the last day of the pregnancy, together

with their infants, whose income is at or below 200% of the

federal poverty level. Until September 30, 2019, or sooner

if the maintenance of effort requirements under the Patient

Protection and Affordable Care Act are eliminated or may be

waived before then, women during pregnancy and during the

60-day period beginning on the last day of the pregnancy,

whose countable monthly income, after the deduction of

costs incurred for medical care and for other types of

remedial care as specified in administrative rule, is equal

to or less than the Medical Assistance-No Grant(C)

(MANG(C)) Income Standard in effect on April 1, 2013 as set

forth in administrative rule.

(b) The plan for coverage shall provide ambulatory

prenatal care to pregnant women during a presumptive

eligibility period and establish an income eligibility

standard that is equal to 200% of the federal poverty

level, provided that costs incurred for medical care are

not taken into account in determining such income

eligibility.

(c) The Illinois Department may conduct a

demonstration in at least one county that will provide

medical assistance to pregnant women, together with their

infants and children up to one year of age, where the

income eligibility standard is set up to 185% of the

nonfarm income official poverty line, as defined by the

federal Office of Management and Budget. The Illinois

Department shall seek and obtain necessary authorization

provided under federal law to implement such a

demonstration. Such demonstration may establish resource

standards that are not more restrictive than those

established under Article IV of this Code.

6. (a) Children younger than age 19 when countable

income is at or below 133% of the federal poverty level.

Until September 30, 2019, or sooner if the maintenance of

effort requirements under the Patient Protection and

Affordable Care Act are eliminated or may be waived before

then, children younger than age 19 whose countable monthly

income, after the deduction of costs incurred for medical

care and for other types of remedial care as specified in

administrative rule, is equal to or less than the Medical

Assistance-No Grant(C) (MANG(C)) Income Standard in effect

on April 1, 2013 as set forth in administrative rule.

(b) Children and youth who are under temporary custody

or guardianship of the Department of Children and Family

Services or who receive financial assistance in support of

an adoption or guardianship placement from the Department

of Children and Family Services.

7. (Blank).

8. As required under federal law, persons who are

eligible for Transitional Medical Assistance as a result of

an increase in earnings or child or spousal support

received. The plan for coverage for this class of persons

shall:

(a) extend the medical assistance coverage to the

extent required by federal law; and

(b) offer persons who have initially received 6

months of the coverage provided in paragraph (a) above,

the option of receiving an additional 6 months of

coverage, subject to the following:

(i) such coverage shall be pursuant to

provisions of the federal Social Security Act;

(ii) such coverage shall include all services

covered under Illinois' State Medicaid Plan;

(iii) no premium shall be charged for such

coverage; and

(iv) such coverage shall be suspended in the

event of a person's failure without good cause to

file in a timely fashion reports required for this

coverage under the Social Security Act and

coverage shall be reinstated upon the filing of

such reports if the person remains otherwise

eligible.

9. Persons with acquired immunodeficiency syndrome

(AIDS) or with AIDS-related conditions with respect to whom

there has been a determination that but for home or

community-based services such individuals would require

the level of care provided in an inpatient hospital,

skilled nursing facility or intermediate care facility the

cost of which is reimbursed under this Article. Assistance

shall be provided to such persons to the maximum extent

permitted under Title XIX of the Federal Social Security

Act.

10. Participants in the long-term care insurance

partnership program established under the Illinois

Long-Term Care Partnership Program Act who meet the

qualifications for protection of resources described in

Section 15 of that Act.

11. Persons with disabilities who are employed and

eligible for Medicaid, pursuant to Section

1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,

subject to federal approval, persons with a medically

improved disability who are employed and eligible for

Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of

the Social Security Act, as provided by the Illinois

Department by rule. In establishing eligibility standards

under this paragraph 11, the Department shall, subject to

federal approval:

(a) set the income eligibility standard at not

lower than 350% of the federal poverty level;

(b) exempt retirement accounts that the person

cannot access without penalty before the age of 59 1/2,

and medical savings accounts established pursuant to

26 U.S.C. 220;

(c) allow non-exempt assets up to $25,000 as to

those assets accumulated during periods of eligibility

under this paragraph 11; and

(d) continue to apply subparagraphs (b) and (c) in

determining the eligibility of the person under this

Article even if the person loses eligibility under this

paragraph 11.

12. Subject to federal approval, persons who are

eligible for medical assistance coverage under applicable

provisions of the federal Social Security Act and the

federal Breast and Cervical Cancer Prevention and

Treatment Act of 2000. Those eligible persons are defined

to include, but not be limited to, the following persons:

(1) persons who have been screened for breast or

cervical cancer under the U.S. Centers for Disease

Control and Prevention Breast and Cervical Cancer

Program established under Title XV of the federal

Public Health Services Act in accordance with the

requirements of Section 1504 of that Act as

administered by the Illinois Department of Public

Health; and

(2) persons whose screenings under the above

program were funded in whole or in part by funds

appropriated to the Illinois Department of Public

Health for breast or cervical cancer screening.

"Medical assistance" under this paragraph 12 shall be

identical to the benefits provided under the State's

approved plan under Title XIX of the Social Security Act.

The Department must request federal approval of the

coverage under this paragraph 12 within 30 days after the

effective date of this amendatory Act of the 92nd General

Assembly.

In addition to the persons who are eligible for medical

assistance pursuant to subparagraphs (1) and (2) of this

paragraph 12, and to be paid from funds appropriated to the

Department for its medical programs, any uninsured person

as defined by the Department in rules residing in Illinois

who is younger than 65 years of age, who has been screened

for breast and cervical cancer in accordance with standards

and procedures adopted by the Department of Public Health

for screening, and who is referred to the Department by the

Department of Public Health as being in need of treatment

for breast or cervical cancer is eligible for medical

assistance benefits that are consistent with the benefits

provided to those persons described in subparagraphs (1)

and (2). Medical assistance coverage for the persons who

are eligible under the preceding sentence is not dependent

on federal approval, but federal moneys may be used to pay

for services provided under that coverage upon federal

approval.

13. Subject to appropriation and to federal approval,

persons living with HIV/AIDS who are not otherwise eligible

under this Article and who qualify for services covered

under Section 5-5.04 as provided by the Illinois Department

by rule.

14. Subject to the availability of funds for this

purpose, the Department may provide coverage under this

Article to persons who reside in Illinois who are not

eligible under any of the preceding paragraphs and who meet

the income guidelines of paragraph 2(a) of this Section and

(i) have an application for asylum pending before the

federal Department of Homeland Security or on appeal before

a court of competent jurisdiction and are represented

either by counsel or by an advocate accredited by the

federal Department of Homeland Security and employed by a

not-for-profit organization in regard to that application

or appeal, or (ii) are receiving services through a

federally funded torture treatment center. Medical

coverage under this paragraph 14 may be provided for up to

24 continuous months from the initial eligibility date so

long as an individual continues to satisfy the criteria of

this paragraph 14. If an individual has an appeal pending

regarding an application for asylum before the Department

of Homeland Security, eligibility under this paragraph 14

may be extended until a final decision is rendered on the

appeal. The Department may adopt rules governing the

implementation of this paragraph 14.

15. Family Care Eligibility.

(a) On and after July 1, 2012, a parent or other

caretaker relative who is 19 years of age or older when

countable income is at or below 133% of the federal

poverty level. A person may not spend down to become

eligible under this paragraph 15.

(b) Eligibility shall be reviewed annually.

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) (Blank).

(h) (Blank).

(i) Following termination of an individual's

coverage under this paragraph 15, the individual must

be determined eligible before the person can be

re-enrolled.

16. Subject to appropriation, uninsured persons who

are not otherwise eligible under this Section who have been

certified and referred by the Department of Public Health

as having been screened and found to need diagnostic

evaluation or treatment, or both diagnostic evaluation and

treatment, for prostate or testicular cancer. For the

purposes of this paragraph 16, uninsured persons are those

who do not have creditable coverage, as defined under the

Health Insurance Portability and Accountability Act, or

have otherwise exhausted any insurance benefits they may

have had, for prostate or testicular cancer diagnostic

evaluation or treatment, or both diagnostic evaluation and

treatment. To be eligible, a person must furnish a Social

Security number. A person's assets are exempt from

consideration in determining eligibility under this

paragraph 16. Such persons shall be eligible for medical

assistance under this paragraph 16 for so long as they need

treatment for the cancer. A person shall be considered to

need treatment if, in the opinion of the person's treating

physician, the person requires therapy directed toward

cure or palliation of prostate or testicular cancer,

including recurrent metastatic cancer that is a known or

presumed complication of prostate or testicular cancer and

complications resulting from the treatment modalities

themselves. Persons who require only routine monitoring

services are not considered to need treatment. "Medical

assistance" under this paragraph 16 shall be identical to

the benefits provided under the State's approved plan under

Title XIX of the Social Security Act. Notwithstanding any

other provision of law, the Department (i) does not have a

claim against the estate of a deceased recipient of

services under this paragraph 16 and (ii) does not have a

lien against any homestead property or other legal or

equitable real property interest owned by a recipient of

services under this paragraph 16.

17. Persons who, pursuant to a waiver approved by the

Secretary of the U.S. Department of Health and Human

Services, are eligible for medical assistance under Title

XIX or XXI of the federal Social Security Act.

Notwithstanding any other provision of this Code and

consistent with the terms of the approved waiver, the

Illinois Department, may by rule:

(a) Limit the geographic areas in which the waiver

program operates.

(b) Determine the scope, quantity, duration, and

quality, and the rate and method of reimbursement, of

the medical services to be provided, which may differ

from those for other classes of persons eligible for

assistance under this Article.

(c) Restrict the persons' freedom in choice of

providers.

18. Beginning January 1, 2014, persons aged 19 or

older, but younger than 65, who are not otherwise eligible

for medical assistance under this Section 5-2, who qualify

for medical assistance pursuant to 42 U.S.C.

1396a(a)(10)(A)(i)(VIII) and applicable federal

regulations, and who have income at or below 133% of the

federal poverty level plus 5% for the applicable family

size as determined pursuant to 42 U.S.C. 1396a(e)(14) and

applicable federal regulations. Persons eligible for

medical assistance under this paragraph 18 shall receive

coverage for the Health Benefits Service Package as that

term is defined in subsection (m) of Section 5-1.1 of this

Code. If Illinois' federal medical assistance percentage

(FMAP) is reduced below 90% for persons eligible for

medical assistance under this paragraph 18, eligibility

under this paragraph 18 shall cease no later than the end

of the third month following the month in which the

reduction in FMAP takes effect.

19. Beginning January 1, 2014, as required under 42

U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18

and younger than age 26 who are not otherwise eligible for

medical assistance under paragraphs (1) through (17) of

this Section who (i) were in foster care under the

responsibility of the State on the date of attaining age 18

or on the date of attaining age 21 when a court has

continued wardship for good cause as provided in Section

2-31 of the Juvenile Court Act of 1987 and (ii) received

medical assistance under the Illinois Title XIX State Plan

or waiver of such plan while in foster care.

In implementing the provisions of Public Act 96-20, the

Department is authorized to adopt only those rules necessary,

including emergency rules. Nothing in Public Act 96-20 permits

the Department to adopt rules or issue a decision that expands

eligibility for the FamilyCare Program to a person whose income

exceeds 185% of the Federal Poverty Level as determined from

time to time by the U.S. Department of Health and Human

Services, unless the Department is provided with express

statutory authority.

The eligibility of any such person for medical assistance

under this Article is not affected by the payment of any grant

under the Senior Citizens and Persons with Disabilities

Disabled Persons Property Tax Relief Act or any distributions

or items of income described under subparagraph (X) of

paragraph (2) of subsection (a) of Section 203 of the Illinois

Income Tax Act.

The Department shall by rule establish the amounts of

assets to be disregarded in determining eligibility for medical

assistance, which shall at a minimum equal the amounts to be

disregarded under the Federal Supplemental Security Income

Program. The amount of assets of a single person to be

disregarded shall not be less than $2,000, and the amount of

assets of a married couple to be disregarded shall not be less

than $3,000.

To the extent permitted under federal law, any person found

guilty of a second violation of Article VIIIA shall be

ineligible for medical assistance under this Article, as

provided in Section 8A-8.

The eligibility of any person for medical assistance under

this Article shall not be affected by the receipt by the person

of donations or benefits from fundraisers held for the person

in cases of serious illness, as long as neither the person nor

members of the person's family have actual control over the

donations or benefits or the disbursement of the donations or

benefits.

Notwithstanding any other provision of this Code, if the

United States Supreme Court holds Title II, Subtitle A, Section

2001(a) of Public Law 111-148 to be unconstitutional, or if a

holding of Public Law 111-148 makes Medicaid eligibility

allowed under Section 2001(a) inoperable, the State or a unit

of local government shall be prohibited from enrolling

individuals in the Medical Assistance Program as the result of

federal approval of a State Medicaid waiver on or after the

effective date of this amendatory Act of the 97th General

Assembly, and any individuals enrolled in the Medical

Assistance Program pursuant to eligibility permitted as a

result of such a State Medicaid waiver shall become immediately

ineligible.

Notwithstanding any other provision of this Code, if an Act

of Congress that becomes a Public Law eliminates Section

2001(a) of Public Law 111-148, the State or a unit of local

government shall be prohibited from enrolling individuals in

the Medical Assistance Program as the result of federal

approval of a State Medicaid waiver on or after the effective

date of this amendatory Act of the 97th General Assembly, and

any individuals enrolled in the Medical Assistance Program

pursuant to eligibility permitted as a result of such a State

Medicaid waiver shall become immediately ineligible.

Effective October 1, 2013, the determination of

eligibility of persons who qualify under paragraphs 5, 6, 8,

15, 17, and 18 of this Section shall comply with the

requirements of 42 U.S.C. 1396a(e)(14) and applicable federal

regulations.

The Department of Healthcare and Family Services, the

Department of Human Services, and the Illinois health insurance

marketplace shall work cooperatively to assist persons who

would otherwise lose health benefits as a result of changes

made under this amendatory Act of the 98th General Assembly to

transition to other health insurance coverage.

(Source: P.A. 97-48, eff. 6-28-11; 97-74, eff. 6-30-11; 97-333,

eff. 8-12-11; 97-687, eff. 6-14-12; 97-689, eff. 6-14-12;

97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-463, eff.

8-16-13.)

(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)

Sec. 5-4. Amount and nature of medical assistance.

(a) The amount and nature of medical assistance shall be

determined in accordance with the standards, rules, and

regulations of the Department of Healthcare and Family

Services, with due regard to the requirements and conditions in

each case, including contributions available from legally

responsible relatives. However, the amount and nature of such

medical assistance shall not be affected by the payment of any

grant under the Senior Citizens and Persons with Disabilities

Disabled Persons Property Tax Relief Act or any distributions

or items of income described under subparagraph (X) of

paragraph (2) of subsection (a) of Section 203 of the Illinois

Income Tax Act. The amount and nature of medical assistance

shall not be affected by the receipt of donations or benefits

from fundraisers in cases of serious illness, as long as

neither the person nor members of the person's family have

actual control over the donations or benefits or the

disbursement of the donations or benefits.

In determining the income and resources available to the

institutionalized spouse and to the community spouse, the

Department of Healthcare and Family Services shall follow the

procedures established by federal law. If an institutionalized

spouse or community spouse refuses to comply with the

requirements of Title XIX of the federal Social Security Act

and the regulations duly promulgated thereunder by failing to

provide the total value of assets, including income and

resources, to the extent either the institutionalized spouse or

community spouse has an ownership interest in them pursuant to

42 U.S.C. 1396r-5, such refusal may result in the

institutionalized spouse being denied eligibility and

continuing to remain ineligible for the medical assistance

program based on failure to cooperate.

Subject to federal approval, the community spouse resource

allowance shall be established and maintained at the higher of

$109,560 or the minimum level permitted pursuant to Section

1924(f)(2) of the Social Security Act, as now or hereafter

amended, or an amount set after a fair hearing, whichever is

greater. The monthly maintenance allowance for the community

spouse shall be established and maintained at the higher of

$2,739 per month or the minimum level permitted pursuant to

Section 1924(d)(3) of the Social Security Act, as now or

hereafter amended, or an amount set after a fair hearing,

whichever is greater. Subject to the approval of the Secretary

of the United States Department of Health and Human Services,

the provisions of this Section shall be extended to persons who

but for the provision of home or community-based services under

Section 4.02 of the Illinois Act on the Aging, would require

the level of care provided in an institution, as is provided

for in federal law.

(b) Spousal support for institutionalized spouses

receiving medical assistance.

(i) The Department may seek support for an

institutionalized spouse, who has assigned his or her right

of support from his or her spouse to the State, from the

resources and income available to the community spouse.

(ii) The Department may bring an action in the circuit

court to establish support orders or itself establish

administrative support orders by any means and procedures

authorized in this Code, as applicable, except that the

standard and regulations for determining ability to

support in Section 10-3 shall not limit the amount of

support that may be ordered.

(iii) Proceedings may be initiated to obtain support,

or for the recovery of aid granted during the period such

support was not provided, or both, for the obtainment of

support and the recovery of the aid provided. Proceedings

for the recovery of aid may be taken separately or they may

be consolidated with actions to obtain support. Such

proceedings may be brought in the name of the person or

persons requiring support or may be brought in the name of

the Department, as the case requires.

(iv) The orders for the payment of moneys for the

support of the person shall be just and equitable and may

direct payment thereof for such period or periods of time

as the circumstances require, including support for a

period before the date the order for support is entered. In

no event shall the orders reduce the community spouse

resource allowance below the level established in

subsection (a) of this Section or an amount set after a

fair hearing, whichever is greater, or reduce the monthly

maintenance allowance for the community spouse below the

level permitted pursuant to subsection (a) of this Section.

(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)

(305 ILCS 5/5-5.4f)

Sec. 5-5.4f. Intermediate care facilities for persons with

developmental disabilities the developmentally disabled

quality workforce initiative.

(a) Legislative intent. Individuals with developmental

disabilities who live in community-based settings rely on

direct support staff for a variety of supports and services

essential to the ability to reach their full potential. A

stable, well-trained direct support workforce is critical to

the well-being of these individuals. State and national studies

have documented high rates of turnover among direct support

workers and confirmed that improvements in wages can help

reduce turnover and develop a more stable and committed

workforce. This Section would increase the wages and benefits

for direct care workers supporting individuals with

developmental disabilities and provide accountability by

ensuring that additional resources go directly to these

workers.

(b) Reimbursement. Notwithstanding any provision of

Section 5-5.4, in order to attract and retain a stable,

qualified, and healthy workforce, beginning July 1, 2010, the

Department of Healthcare and Family Services may reimburse an

individual intermediate care facility for persons with

developmental disabilities the developmentally disabled for

spending incurred to provide improved wages and benefits to its

employees serving the individuals residing in the facility.

Reimbursement shall be based upon patient days reported in the

facility's most recent cost report. Subject to available

appropriations, this reimbursement shall be made according to

the following criteria:

(1) The Department shall reimburse the facility to

compensate for spending on improved wages and benefits for

its eligible employees. Eligible employees include

employees engaged in direct care work.

(2) In order to qualify for reimbursement under this

Section, a facility must submit to the Department, before

January 1 of each year, documentation of a written, legally

binding commitment to increase spending for the purpose of

providing improved wages and benefits to its eligible

employees during the next year. The commitment must be

binding as to both existing and future staff. The

commitment must include a method of enforcing the

commitment that is available to the employees or their

representative and is expeditious, uses a neutral

decision-maker, and is economical for the employees. The

Department must also receive documentation of the

facility's provision of written notice of the commitment

and the availability of the enforcement mechanism to the

employees or their representative.

(3) Reimbursement shall be based on the amount of

increased spending to be incurred by the facility for

improving wages and benefits that exceeds the spending

reported in the cost report currently used by the

Department. Reimbursement shall be calculated as follows:

the per diem equivalent of the quarterly difference between

the cost to provide improved wages and benefits for covered

eligible employees as identified in the legally binding

commitment and the previous period cost of wages and

benefits as reported in the cost report currently used by

the Department, subject to the limitations identified in

paragraph (2) of this subsection. In no event shall the per

diem increase be in excess of $5.00 for any 12 month period

for an intermediate care facility for persons with

developmental disabilities the developmentally disabled

with more than 16 beds, or in excess of $6.00 for any 12

month period for an intermediate care facility for persons

with developmental disabilities the developmentally

disabled with 16 beds or less.

(4) Any intermediate care facility for persons with

developmental disabilities the developmentally disabled is

eligible to receive reimbursement under this Section. A

facility's eligibility to receive reimbursement shall

continue as long as the facility maintains eligibility

under paragraph (2) of this subsection and the

reimbursement program continues to exist.

(c) Audit. Reimbursement under this Section is subject to

audit by the Department and shall be reduced or eliminated in

the case of any facility that does not honor its commitment to

increase spending to improve the wages and benefits of its

employees or that decreases such spending.

(Source: P.A. 96-1124, eff. 7-20-10; 97-333, eff. 8-12-11.)

(305 ILCS 5/5-5.17) (from Ch. 23, par. 5-5.17)

Sec. 5-5.17. Separate reimbursement rate. The Illinois

Department may by rule establish a separate reimbursement rate

to be paid to long term care facilities for adult developmental

training services as defined in Section 15.2 of the Mental

Health and Developmental Disabilities Administrative Act which

are provided to intellectually disabled residents of such

facilities who have intellectual disabilities and who receive

aid under this Article. Any such reimbursement shall be based

upon cost reports submitted by the providers of such services

and shall be paid by the long term care facility to the

provider within such time as the Illinois Department shall

prescribe by rule, but in no case less than 3 business days

after receipt of the reimbursement by such facility from the

Illinois Department. The Illinois Department may impose a

penalty upon a facility which does not make payment to the

provider of adult developmental training services within the

time so prescribed, up to the amount of payment not made to the

provider.

On and after July 1, 2012, the Department shall reduce any

rate of reimbursement for services or other payments or alter

any methodologies authorized by this Code to reduce any rate of

reimbursement for services or other payments in accordance with

Section 5-5e.

(Source: P.A. 97-227, eff. 1-1-12; 97-689, eff. 6-14-12.)

(305 ILCS 5/5-5a) (from Ch. 23, par. 5-5a)

Sec. 5-5a. Waiver for home and community-based services.

The Department shall apply for a waiver from the United States

Health Care Financing Administration to allow payment for home

and community-based services under this Article.

The Department, in cooperation with the Department on

Aging, the Department of Human Services and any other relevant

State, local or federal government agency, may establish a

nursing home pre-screening program to determine whether the

applicant, eligible for medical assistance under this Article,

may use home and community-based services as a reasonable,

lower-cost alternative form of care. For the purpose of this

Section, "home and community-based services" may include, but

are not limited to, those services provided under subsection

(f) of Section 3 of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act and Section 4

of the Illinois Act on the Aging.

(Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)

(305 ILCS 5/5-13) (from Ch. 23, par. 5-13)

Sec. 5-13. Claim against estate of recipients. To the

extent permitted under the federal Social Security Act, the

amount expended under this Article (1) for a person of any age

who is an inpatient in a nursing facility, an intermediate care

facility for persons with intellectual disabilities the

intellectually disabled, or other medical institution, or (2)

for a person aged 55 or more, shall be a claim against the

person's estate or a claim against the estate of the person's

spouse, regardless of the order of death, but no recovery may

be had thereon until after the death of the surviving spouse,

if any, and then only at such time when there is no surviving

child who is under age 21, or blind, or is a child with a

permanent total disability permanently and totally disabled.

This Section, however, shall not bar recovery at the death of

the person of amounts of medical assistance paid to or in his

behalf to which he was not entitled; provided that such

recovery shall not be enforced against any real estate while it

is occupied as a homestead by the surviving spouse or other

dependent, if no claims by other creditors have been filed

against the estate, or if such claims have been filed, they

remain dormant for failure of prosecution or failure of the

claimant to compel administration of the estate for the purpose

of payment. The term "estate", as used in this Section, with

respect to a deceased person, means all real and personal

property and other assets included within the person's estate,

as that term is used in the Probate Act of 1975; however, in

the case of a deceased person who has received (or is entitled

to receive) benefits under a long-term care insurance policy in

connection with which assets or resources are disregarded to

the extent that payments are made or because the deceased

person received (or was entitled to receive) benefits under a

long-term care insurance policy, "estate" also includes any

other real and personal property and other assets in which the

deceased person had any legal title or interest at the time of

his or her death (to the extent of that interest), including

assets conveyed to a survivor, heir, or assignee of the

deceased person through joint tenancy, tenancy in common,

survivorship, life estate, living trust, or other arrangement.

The term "homestead", as used in this Section, means the

dwelling house and contiguous real estate occupied by a

surviving spouse or relative, as defined by the rules and

regulations of the Illinois Department, regardless of the value

of the property.

A claim arising under this Section against assets conveyed

to a survivor, heir, or assignee of the deceased person through

joint tenancy, tenancy in common, survivorship, life estate,

living trust, or other arrangement is not effective until the

claim is recorded or filed in the manner provided for a notice

of lien in Section 3-10.2. The claim is subject to the same

requirements and conditions to which liens on real property

interests are subject under Sections 3-10.1 through 3-10.10. A

claim arising under this Section attaches to interests owned or

subsequently acquired by the estate of a recipient or the

estate of a recipient's surviving spouse. The transfer or

conveyance of any real or personal property of the estate as

defined in this Section shall be subject to the fraudulent

transfer conditions that apply to real property in Section 3-11

of this Code.

The provisions of this Section shall not affect the

validity of claims against estates for medical assistance

provided prior to January 1, 1966 to aged or , blind persons or

persons with disabilities , or disabled persons receiving aid

under Articles V, VII and VII-A of the 1949 Code.

(Source: P.A. 97-227, eff. 1-1-12.)

(305 ILCS 5/Art. V-C heading)

ARTICLE V-C.

CARE PROVIDER FUNDING FOR PERSONS WITH A DEVELOPMENTAL

DISABILITY DEVELOPMENTALLY DISABLED CARE PROVIDER FUNDING

(305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1)

Sec. 5C-1. Definitions. As used in this Article, unless the

context requires otherwise:

"Fund" means the Care Provider Fund for Persons with a

Developmental Disability.

"Care facility for persons with a developmental disability

Developmentally disabled care facility" means an intermediate

care facility for the intellectually disabled within the

meaning of Title XIX of the Social Security Act, whether public

or private and whether organized for profit or not-for-profit,

but shall not include any facility operated by the State.

"Care provider for persons with a developmental disability

Developmentally disabled care provider" means a person

conducting, operating, or maintaining a facility for persons

with a developmental disability developmentally disabled care

facility. For this purpose, "person" means any political

subdivision of the State, municipal corporation, individual,

firm, partnership, corporation, company, limited liability

company, association, joint stock association, or trust, or a

receiver, executor, trustee, guardian or other representative

appointed by order of any court.

"Adjusted gross developmentally disabled care revenue"

shall be computed separately for each facility for persons with

a developmental disability developmentally disabled care

facility conducted, operated, or maintained by a care provider

for persons with a developmental disability developmentally

disabled care provider, and means the developmentally disabled

care provider's total revenue of the care provider for persons

with a developmental disability for inpatient residential

services less contractual allowances and discounts on

patients' accounts, but does not include non-patient revenue

from sources such as contributions, donations or bequests,

investments, day training services, television and telephone

service, and rental of facility space.

"Long-term care facility for persons under 22 years of age

serving clinically complex residents" means a facility

licensed by the Department of Public Health as a long-term care

facility for persons under 22 meeting the qualifications of

Section 5-5.4h of this Code.

(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13;

98-651, eff. 6-16-14.)

(305 ILCS 5/5C-2) (from Ch. 23, par. 5C-2)

Sec. 5C-2. Assessment; no local authorization to tax.

(a) For the privilege of engaging in the occupation of care

provider for persons with a developmental disability

developmentally disabled care provider, an assessment is

imposed upon each care provider for persons with a

developmental disability developmentally disabled care

provider in an amount equal to 6%, or the maximum allowed under

federal regulation, whichever is less, of its adjusted gross

developmentally disabled care revenue for the prior State

fiscal year. Notwithstanding any provision of any other Act to

the contrary, this assessment shall be construed as a tax, but

may not be added to the charges of an individual's nursing home

care that is paid for in whole, or in part, by a federal,

State, or combined federal-state medical care program, except

those individuals receiving Medicare Part B benefits solely.

(b) Nothing in this amendatory Act of 1995 shall be

construed to authorize any home rule unit or other unit of

local government to license for revenue or impose a tax or

assessment upon a care provider for persons with a

developmental disability developmentally disabled care

provider or the occupation of care provider for persons with a

developmental disability developmentally disabled care

provider, or a tax or assessment measured by the income or

earnings of a care provider for persons with a developmental

disability developmentally disabled care provider.

(c) Effective July 1, 2013, for the privilege of engaging

in the occupation of long-term care facility for persons under

22 years of age serving clinically complex residents provider,

an assessment is imposed upon each long-term care facility for

persons under 22 years of age serving clinically complex

residents provider in the same amount and upon the same

conditions and requirements as imposed in Article V-B of this

Code and a license fee is imposed in the same amount and upon

the same conditions and requirements as imposed in Article V-E

of this Code. Notwithstanding any provision of any other Act to

the contrary, the assessment and license fee imposed by this

subsection (c) shall be construed as a tax, but may not be

added to the charges of an individual's nursing home care that

is paid for in whole, or in part, by a federal, State, or

combined federal-State medical care program, except for those

individuals receiving Medicare Part B benefits solely.

(Source: P.A. 98-651, eff. 6-16-14.)

(305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3)

Sec. 5C-3. Payment of assessment; penalty.

(a) The assessment imposed by Section 5C-2 for a State

fiscal year shall be due and payable in quarterly installments,

each equalling one-fourth of the assessment for the year, on

September 30, December 31, March 31, and May 31 of the year.

(b) The Illinois Department is authorized to establish

delayed payment schedules for care providers for persons with a

developmental disability developmentally disabled care

providers that are unable to make installment payments when due

under this Section due to financial difficulties, as determined

by the Illinois Department.

(c) If a care provider for persons with a developmental

disability developmentally disabled care provider fails to pay

the full amount of an installment when due (including any

extensions granted under subsection (b)), there shall, unless

waived by the Illinois Department for reasonable cause, be

added to the assessment imposed by Section 5C-2 for the State

fiscal year a penalty assessment equal to the lesser of (i) 5%

of the amount of the installment not paid on or before the due

date plus 5% of the portion thereof remaining unpaid on the

last day of each month thereafter or (ii) 100% of the

installment amount not paid on or before the due date. For

purposes of this subsection, payments will be credited first to

unpaid installment amounts (rather than to penalty or

interest), beginning with the most delinquent installments.

(Source: P.A. 87-861; 88-88.)

(305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4)

Sec. 5C-4. Reporting; penalty; maintenance of records.

(a) After June 30 of each State fiscal year, and on or

before September 30 of the succeeding State fiscal year, every

care provider for persons with a developmental disability

developmentally disabled care provider subject to assessment

under this Article shall file a return with the Illinois

Department. The return shall report the adjusted gross

developmentally disabled care revenue from the State fiscal

year just ended and shall be utilized by the Illinois

Department to calculate the assessment for the State fiscal

year commencing on the preceding July 1. The return shall be on

a form prepared by the Illinois Department and shall state the

following:

(1) The name of the care provider for persons with a

developmental disability developmentally disabled care

provider.

(2) The address of the care provider's developmentally

disabled care provider's principal place of business from

which the provider engages in the occupation of care

provider for persons with a developmental disability

developmentally disabled care provider in this State, and

the name and address of all care facilities for persons

with a developmental disability developmentally disabled

care facilities operated or maintained by the provider in

this State.

(3) The adjusted gross developmentally disabled care

revenue for the State fiscal year just ended, the amount of

assessment imposed under Section 5C-2 for the State fiscal

year for which the return is filed, and the amount of each

quarterly installment to be paid during the State fiscal

year.

(4) The amount of penalty due, if any.

(5) Other reasonable information the Illinois

Department requires.

(b) If a care provider for persons with a developmental

disability developmentally disabled care provider operates or

maintains more than one care facility for persons with a

developmental disability developmentally disabled care

facility in this State, the provider may not file a single

return covering all those care facilities for persons with a

developmental disability developmentally disabled care

facilities, but shall file a separate return for each care

facility for persons with a developmental disability

developmentally disabled care facility and shall compute and

pay the assessment for each care facility for persons with a

developmental disability developmentally disabled care

facility separately.

(c) Notwithstanding any other provision in this Article, a

person who ceases to conduct, operate, or maintain a care

facility for persons with a developmental disability

developmentally disabled care facility in respect of which the

person is subject to assessment under this Article as a care

provider for persons with a developmental disability

developmentally disabled care provider, the assessment for the

State fiscal year in which the cessation occurs shall be

adjusted by multiplying the assessment computed under Section

5C-2 by a fraction, the numerator of which is the number of

months in the year during which the provider conducts,

operates, or maintains the care facility for persons with a

developmental disability developmentally disabled care

facility and the denominator of which is 12. The person shall

file a final, amended return with the Illinois Department not

more than 90 days after the cessation reflecting the adjustment

and shall pay with the final return the assessment for the year

as so adjusted (to the extent not previously paid).

(d) Notwithstanding any other provision of this Article, a

provider who commences conducting, operating, or maintaining a

care facility for persons with a developmental disability

developmentally disabled care facility shall file an initial

return for the State fiscal year in which the commencement

occurs within 90 days thereafter and shall pay the assessment

computed under Section 5C-2 and subsection (e) in equal

installments on the due date of the return and on the regular

installment due dates for the State fiscal year occurring after

the due date of the initial return.

(e) Notwithstanding any other provision of this Article, in

the case of a care provider for persons with a developmental

disability developmentally disabled care provider that did not

conduct, operate, or maintain a care facility for persons with

a developmental disability developmentally disabled care

facility throughout the prior State fiscal year, the assessment

for that State fiscal year shall be computed on the basis of

hypothetical adjusted gross developmentally disabled care

revenue for the prior year as determined by rules adopted by

the Illinois Department (which may be based on annualization of

the provider's actual revenues for a portion of the State

fiscal year, or revenues of a comparable facility for such

year, including revenues realized by a prior provider from the

same facility during such year).

(f) In the case of a care provider for persons with a

developmental disability developmentally disabled care

provider existing as a corporation or legal entity other than

an individual, the return filed by it shall be signed by its

president, vice-president, secretary, or treasurer or by its

properly authorized agent.

(g) If a care provider for persons with a developmental

disability developmentally disabled care provider fails to

file its return for a State fiscal year on or before the due

date of the return, there shall, unless waived by the Illinois

Department for reasonable cause, be added to the assessment

imposed by Section 5C-2 for the State fiscal year a penalty

assessment equal to 25% of the assessment imposed for the year.

(h) Every care provider for persons with a developmental

disability developmentally disabled care provider subject to

assessment under this Article shall keep records and books that

will permit the determination of adjusted gross

developmentally disabled care revenue on a State fiscal year

basis. All such books and records shall be kept in the English

language and shall, at all times during business hours of the

day, be subject to inspection by the Illinois Department or its

duly authorized agents and employees.

(Source: P.A. 87-861.)

(305 ILCS 5/5C-5) (from Ch. 23, par. 5C-5)

Sec. 5C-5. Disposition of proceeds. The Illinois

Department shall pay all moneys received from care providers

for persons with a developmental disability developmentally

disabled care providers under this Article into the Care

Provider Fund for Persons with a Developmental Disability. Upon

certification by the Illinois Department to the State

Comptroller of its intent to withhold from a provider under

Section 5C-6(b), the State Comptroller shall draw a warrant on

the treasury or other fund held by the State Treasurer, as

appropriate. The warrant shall state the amount for which the

provider is entitled to a warrant, the amount of the deduction,

and the reason therefor and shall direct the State Treasurer to

pay the balance to the provider, all in accordance with Section

10.05 of the State Comptroller Act. The warrant also shall

direct the State Treasurer to transfer the amount of the

deduction so ordered from the treasury or other fund into the

Care Provider Fund for Persons with a Developmental Disability.

(Source: P.A. 98-463, eff. 8-16-13.)

(305 ILCS 5/5C-6) (from Ch. 23, par. 5C-6)

Sec. 5C-6. Administration; enforcement provisions.

(a) To the extent practicable, the Illinois Department

shall administer and enforce this Article and collect the

assessments, interest, and penalty assessments imposed under

this Article, using procedures employed in its administration

of this Code generally and, as it deems appropriate, in a

manner similar to that in which the Department of Revenue

administers and collects the retailers' occupation tax

pursuant to the Retailers' Occupation Tax Act ("ROTA"). Instead

of certificates of registration, the Illinois Department shall

establish and maintain a listing of all care providers for

persons with a developmental disability developmentally

disabled care providers appearing in the licensing records of

the Department of Public Health, which shall show each

provider's name, principal place of business, and the name and

address of each care facility for persons with a developmental

disability developmentally disabled care facility operated or

maintained by the provider in this State. In addition, the

following Retailers' Occupation Tax Act provisions are

incorporated by reference into this Section, except that the

Illinois Department and its Director (rather than the

Department of Revenue and its Director) and every care provider

for persons with a developmental disability developmentally

disabled care provider subject to assessment measured by

adjusted gross developmentally disabled care revenue and to the

return filing requirements of this Article (rather than persons

subject to retailers' occupation tax measured by gross receipts

from the sale of tangible personal property at retail and to

the return filing requirements of ROTA) shall have the powers,

duties, and rights specified in these ROTA provisions, as

modified in this Section or by the Illinois Department in a

manner consistent with this Article and except as manifestly

inconsistent with the other provisions of this Article:

(1) ROTA, Section 4 (examination of return; notice of

correction; evidence; limitations; protest and hearing),

except that (i) the Illinois Department shall issue notices

of assessment liability (rather than notices of tax

liability as provided in ROTA, Section 4); (ii) in the case

of a fraudulent return or in the case of an extended period

agreed to by the Illinois Department and the care provider

for persons with a developmental disability

developmentally disabled care provider before the

expiration of the limitation period, no notice of

assessment liability shall be issued more than 3 years

after the later of the due date of the return required by

Section 5C-5 or the date the return (or an amended return)

was filed (rather within the period stated in ROTA, Section

4); and (iii) the penalty provisions of ROTA, Section 4

shall not apply.

(2) ROTA, Section 5 (failure to make return; failure to

pay assessment), except that the penalty and interest

provisions of ROTA, Section 5 shall not apply.

(3) ROTA, Section 5a (lien; attachment; termination;

notice; protest; review; release of lien; status of lien).

(4) ROTA, Section 5b (State lien notices; State lien

index; duties of recorder and registrar of titles).

(5) ROTA, Section 5c (liens; certificate of release).

(6) ROTA, Section 5d (Department not required to

furnish bond; claim to property attached or levied upon).

(7) ROTA, Section 5e (foreclosure on liens;

enforcement).

(8) ROTA, Section 5f (demand for payment; levy and sale

of property; limitation).

(9) ROTA, Section 5g (sale of property; redemption).

(10) ROTA, Section 5j (sales on transfers outside usual

course of business; report; payment of assessment; rights

and duties of purchaser; penalty).

(11) ROTA, Section 6 (erroneous payments; credit or

refund), provided that (i) the Illinois Department may only

apply an amount otherwise subject to credit or refund to a

liability arising under this Article; (ii) except in the

case of an extended period agreed to by the Illinois

Department and the care provider for persons with a

developmental disability developmentally disabled care

provider prior to the expiration of this limitation period,

a claim for credit or refund must be filed no more than 3

years after the due date of the return required by Section

5C-5 (rather than the time limitation stated in ROTA,

Section 6); and (iii) credits or refunds shall not bear

interest.

(12) ROTA, Section 6a (claims for credit or refund).

(13) ROTA, Section 6b (tentative determination of

claim; notice; hearing; review), provided that a care

provider for persons with a developmental disability

developmentally disabled care provider or its

representative shall have 60 days (rather than 20 days)

within which to file a protest and request for hearing in

response to a tentative determination of claim.

(14) ROTA, Section 6c (finality of tentative

determinations).

(15) ROTA, Section 8 (investigations and hearings).

(16) ROTA, Section 9 (witness; immunity).

(17) ROTA, Section 10 (issuance of subpoenas;

attendance of witnesses; production of books and records).

(18) ROTA, Section 11 (information confidential;

exceptions).

(19) ROTA, Section 12 (rules and regulations; hearing;

appeals), except that a care provider for persons with a

developmental disability developmentally disabled care

provider shall not be required to file a bond or be subject

to a lien in lieu thereof in order to seek court review

under the Administrative Review Law of a final assessment

or revised final assessment or the equivalent thereof

issued by the Illinois Department under this Article.

(b) In addition to any other remedy provided for and

without sending a notice of assessment liability, the Illinois

Department may collect an unpaid assessment by withholding, as

payment of the assessment, reimbursements or other amounts

otherwise payable by the Illinois Department to the provider.

(Source: P.A. 87-861.)

(305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)

Sec. 5C-7. Care Provider Fund for Persons with a

Developmental Disability.

(a) There is created in the State Treasury the Care

Provider Fund for Persons with a Developmental Disability.

Interest earned by the Fund shall be credited to the Fund. The

Fund shall not be used to replace any moneys appropriated to

the Medicaid program by the General Assembly.

(b) The Fund is created for the purpose of receiving and

disbursing assessment moneys in accordance with this Article.

Disbursements from the Fund shall be made only as follows:

(1) For payments to intermediate care facilities for

persons with a developmental disability the

developmentally disabled under Title XIX of the Social

Security Act and Article V of this Code.

(2) For the reimbursement of moneys collected by the

Illinois Department through error or mistake, and to make

required payments under Section 5-4.28(a)(1) of this Code

if there are no moneys available for such payments in the

Medicaid Provider for Persons with a Developmental

Disability Developmentally Disabled Provider Participation

Fee Trust Fund.

(3) For payment of administrative expenses incurred by

the Department of Human Services or its agent or the

Illinois Department or its agent in performing the

activities authorized by this Article.

(4) For payments of any amounts which are reimbursable

to the federal government for payments from this Fund which

are required to be paid by State warrant.

(5) For making transfers to the General Obligation Bond

Retirement and Interest Fund as those transfers are

authorized in the proceedings authorizing debt under the

Short Term Borrowing Act, but transfers made under this

paragraph (5) shall not exceed the principal amount of debt

issued in anticipation of the receipt by the State of

moneys to be deposited into the Fund.

(6) For making refunds as required under Section 5C-10

of this Article.

Disbursements from the Fund, other than transfers to the

General Obligation Bond Retirement and Interest Fund, shall be

by warrants drawn by the State Comptroller upon receipt of

vouchers duly executed and certified by the Illinois

Department.

(c) The Fund shall consist of the following:

(1) All moneys collected or received by the Illinois

Department from the care provider for persons with a

developmental disability developmentally disabled care

provider assessment imposed by this Article.

(2) All federal matching funds received by the Illinois

Department as a result of expenditures made by the Illinois

Department that are attributable to moneys deposited in the

Fund.

(3) Any interest or penalty levied in conjunction with

the administration of this Article.

(4) Any balance in the Medicaid Care Provider for

Persons With a Developmental Disability Developmentally

Disabled Care Provider Participation Fee Trust Fund in the

State Treasury. The balance shall be transferred to the

Fund upon certification by the Illinois Department to the

State Comptroller that all of the disbursements required by

Section 5-4.21(b) of this Code have been made.

(5) All other moneys received for the Fund from any

other source, including interest earned thereon.

(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)

(305 ILCS 5/5C-8) (from Ch. 23, par. 5C-8)

Sec. 5C-8. Applicability. The assessment imposed by

Section 5C-2 shall cease to be imposed if the amount of

matching federal funds under Title XIX of the Social Security

Act is eliminated or significantly reduced on account of the

assessment. Assessments imposed prior thereto shall be

disbursed in accordance with Section 5C-7 to the extent federal

matching is not reduced by the assessments, and any remaining

assessments shall be refunded to care providers for persons

with a developmental disability developmentally disabled care

providers in proportion to the amounts paid by them.

(Source: P.A. 87-861.)

(305 ILCS 5/5C-10)

Sec. 5C-10. Adjustments. For long-term care facilities for

persons under 22 years of age serving clinically complex

residents previously classified as care facilities for persons

with a developmental disability developmentally disabled care

facilities under this Article, the Department shall refund any

amounts paid under this Article in State fiscal year 2014 by

the end of State fiscal year 2015 with at least half the refund

amount being made prior to December 31, 2014. The amounts

refunded shall be based on amounts paid by the facilities to

the Department as the assessment under subsection (a) of

Section 5C-2 less any assessment and license fee due for State

fiscal year 2014.

(Source: P.A. 98-651, eff. 6-16-14.)

(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)

Sec. 6-1.2. Need. Income available to the person, when

added to contributions in money, substance, or services from

other sources, including contributions from legally

responsible relatives, must be insufficient to equal the grant

amount established by Department regulation (or by local

governmental unit in units which do not receive State funds)

for such a person.

In determining income to be taken into account:

(1) The first $75 of earned income in income assistance

units comprised exclusively of one adult person shall be

disregarded, and for not more than 3 months in any 12

consecutive months that portion of earned income beyond the

first $75 that is the difference between the standard of

assistance and the grant amount, shall be disregarded.

(2) For income assistance units not comprised

exclusively of one adult person, when authorized by rules

and regulations of the Illinois Department, a portion of

earned income, not to exceed the first $25 a month plus 50%

of the next $75, may be disregarded for the purpose of

stimulating and aiding rehabilitative effort and

self-support activity.

"Earned income" means money earned in self-employment or

wages, salary, or commission for personal services performed as

an employee. The eligibility of any applicant for or recipient

of public aid under this Article is not affected by the payment

of any grant under the "Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act", any

refund or payment of the federal Earned Income Tax Credit, or

any distributions or items of income described under

subparagraph (X) of paragraph (2) of subsection (a) of Section

203 of the Illinois Income Tax Act.

(Source: P.A. 97-689, eff. 6-14-12.)

(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)

Sec. 6-2. Amount of aid. The amount and nature of General

Assistance for basic maintenance requirements shall be

determined in accordance with local budget standards for local

governmental units which do not receive State funds. For local

governmental units which do receive State funds, the amount and

nature of General Assistance for basic maintenance

requirements shall be determined in accordance with the

standards, rules and regulations of the Illinois Department.

However, the amount and nature of any financial aid is not

affected by the payment of any grant under the Senior Citizens

and Persons with Disabilities Disabled Persons Property Tax

Relief Act or any distributions or items of income described

under subparagraph (X) of paragraph (2) of subsection (a) of

Section 203 of the Illinois Income Tax Act. Due regard shall be

given to the requirements and the conditions existing in each

case, and to the income, money contributions and other support

and resources available, from whatever source. In local

governmental units which do not receive State funds, the grant

shall be sufficient when added to all other income, money

contributions and support in excess of any excluded income or

resources, to provide the person with a grant in the amount

established for such a person by the local governmental unit

based upon standards meeting basic maintenance requirements.

In local governmental units which do receive State funds, the

grant shall be sufficient when added to all other income, money

contributions and support in excess of any excluded income or

resources, to provide the person with a grant in the amount

established for such a person by Department regulation based

upon standards providing a livelihood compatible with health

and well-being, as directed by Section 12-4.11 of this Code.

The Illinois Department may conduct special projects,

which may be known as Grant Diversion Projects, under which

recipients of financial aid under this Article are placed in

jobs and their grants are diverted to the employer who in turn

makes payments to the recipients in the form of salary or other

employment benefits. The Illinois Department shall by rule

specify the terms and conditions of such Grant Diversion

Projects. Such projects shall take into consideration and be

coordinated with the programs administered under the Illinois

Emergency Employment Development Act.

The allowances provided under Article IX for recipients

participating in the training and rehabilitation programs

shall be in addition to such maximum payment.

Payments may also be made to provide persons receiving

basic maintenance support with necessary treatment, care and

supplies required because of illness or disability or with

acute medical treatment, care, and supplies. Payments for

necessary or acute medical care under this paragraph may be

made to or in behalf of the person. Obligations incurred for

such services but not paid for at the time of a recipient's

death may be paid, subject to the rules and regulations of the

Illinois Department, after the death of the recipient.

(Source: P.A. 97-689, eff. 6-14-12.)

(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)

Sec. 6-11. General Assistance.

(a) Effective July 1, 1992, all State funded General

Assistance and related medical benefits shall be governed by

this Section, provided that, notwithstanding any other

provisions of this Code to the contrary, on and after July 1,

2012, the State shall not fund the programs outlined in this

Section. Other parts of this Code or other laws related to

General Assistance shall remain in effect to the extent they do

not conflict with the provisions of this Section. If any other

part of this Code or other laws of this State conflict with the

provisions of this Section, the provisions of this Section

shall control.

(b) General Assistance may consist of 2 separate programs.

One program shall be for adults with no children and shall be

known as Transitional Assistance. The other program may be for

families with children and for pregnant women and shall be

known as Family and Children Assistance.

(c) (1) To be eligible for Transitional Assistance on or

after July 1, 1992, an individual must be ineligible for

assistance under any other Article of this Code, must be

determined chronically needy, and must be one of the following:

(A) age 18 or over or

(B) married and living with a spouse, regardless of

age.

(2) The local governmental unit shall determine whether

individuals are chronically needy as follows:

(A) Individuals who have applied for Supplemental

Security Income (SSI) and are awaiting a decision on

eligibility for SSI who are determined to be a person with

a disability disabled by the Illinois Department using the

SSI standard shall be considered chronically needy, except

that individuals whose disability is based solely on

substance addictions (drug abuse and alcoholism) and whose

disability would cease were their addictions to end shall

be eligible only for medical assistance and shall not be

eligible for cash assistance under the Transitional

Assistance program.

(B) (Blank).

(C) The unit of local government may specify other

categories of individuals as chronically needy; nothing in

this Section, however, shall be deemed to require the

inclusion of any specific category other than as specified

in paragraph (A).

(3) For individuals in Transitional Assistance, medical

assistance may be provided by the unit of local government in

an amount and nature determined by the unit of local

government. Nothing in this paragraph (3) shall be construed to

require the coverage of any particular medical service. In

addition, the amount and nature of medical assistance provided

may be different for different categories of individuals

determined chronically needy.

(4) (Blank).

(5) (Blank).

(d) (1) To be eligible for Family and Children Assistance,

a family unit must be ineligible for assistance under any other

Article of this Code and must contain a child who is:

(A) under age 18 or

(B) age 18 and a full-time student in a secondary

school or the equivalent level of vocational or technical

training, and who may reasonably be expected to complete

the program before reaching age 19.

Those children shall be eligible for Family and Children

Assistance.

(2) The natural or adoptive parents of the child living in

the same household may be eligible for Family and Children

Assistance.

(3) A pregnant woman whose pregnancy has been verified

shall be eligible for income maintenance assistance under the

Family and Children Assistance program.

(4) The amount and nature of medical assistance provided

under the Family and Children Assistance program shall be

determined by the unit of local government. The amount and

nature of medical assistance provided need not be the same as

that provided under paragraph (3) of subsection (c) of this

Section, and nothing in this paragraph (4) shall be construed

to require the coverage of any particular medical service.

(5) (Blank).

(e) A local governmental unit that chooses to participate

in a General Assistance program under this Section shall

provide funding in accordance with Section 12-21.13 of this

Act. Local governmental funds used to qualify for State funding

may only be expended for clients eligible for assistance under

this Section 6-11 and related administrative expenses.

(f) (Blank).

(g) (Blank).

(Source: P.A. 97-689, eff. 6-14-12.)

(305 ILCS 5/11-20) (from Ch. 23, par. 11-20)

Sec. 11-20. Employment registration; duty to accept

employment. This Section applies to employment and training

programs other than those for recipients of assistance under

Article IV.

(1) Each applicant or recipient and dependent member of the

family age 16 or over who is able to engage in employment and

who is unemployed, or employed for less than the full working

time for the occupation in which he or she is engaged, shall

maintain a current registration for employment or additional

employment with the system of free public employment offices

maintained in this State by the State Department of Employment

Security under the Public Employment Office Act and shall

utilize the job placement services and other facilities of such

offices unless the Illinois Department otherwise provides by

rule for programs administered by the Illinois Department.

(2) Every person age 16 or over shall be deemed "able to

engage in employment", as that term is used herein, unless (a)

the person has an illness certified by the attending

practitioner as precluding his or her engagement in employment

of any type for a time period stated in the practitioner's

certification; or (b) the person has a medically determinable

physical or mental impairment, disease or loss of indefinite

duration and of such severity that he or she cannot perform

labor or services in any type of gainful work which exists in

the national economy, including work adjusted for persons with

physical or mental disabilities handicap; or (c) the person is

among the classes of persons exempted by paragraph 5 of this

Section. A person described in clauses (a), (b) or (c) of the

preceding sentence shall be classified as "temporarily

unemployable". The Illinois Department shall provide by rule

for periodic review of the circumstances of persons classified

as "temporarily unemployable".

(3) The Illinois Department shall provide through rules and

regulations for sanctions against applicants and recipients of

aid under this Code who fail or refuse to cooperate, without

good cause, as defined by rule of the Illinois Department, to

accept a bona fide offer of employment in which he or she is

able to engage either in the community of the person's

residence or within reasonable commuting distance therefrom.

The Illinois Department may provide by rule for the grant

or continuation of aid for a temporary period, if federal law

or regulation so permits or requires, to a person who refuses

employment without good cause if he or she accepts counseling

or other services designed to increase motivation and

incentives for accepting employment.

(4) Without limiting other criteria which the Illinois

Department may establish, it shall be good cause of refusal if

(a) the wage does not meet applicable minimum wage

requirements,

(b) there being no applicable minimum wage as

determined in (a), the wage is certified by the Illinois

Department of Labor as being less than that which is

appropriate for the work to be performed, or

(c) acceptance of the offer involves a substantial

threat to the health or safety of the person or any of his

or her dependents.

(5) The requirements of registration and acceptance of

employment shall not apply (a) to a parent or other person

needed at home to provide personal care and supervision to a

child or children unless, in accordance with the rules and

regulations of the Illinois Department, suitable arrangements

have been or can be made for such care and supervision during

the hours of the day the parent or other person is out of the

home because of employment; (b) to a person age 16 or over in

regular attendance in school, as defined in Section 4-1.1; or

(c) to a person whose presence in the home on a substantially

continuous basis is required because of the illness or

incapacity of another member of the household.

(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)

(305 ILCS 5/12-4.42)

Sec. 12-4.42. Medicaid Revenue Maximization.

(a) Purpose. The General Assembly finds that there is a

need to make changes to the administration of services provided

by State and local governments in order to maximize federal

financial participation.

(b) Definitions. As used in this Section:

"Community Medicaid mental health services" means all

mental health services outlined in Section 132 of Title 59 of

the Illinois Administrative Code that are funded through DHS,

eligible for federal financial participation, and provided by a

community-based provider.

"Community-based provider" means an entity enrolled as a

provider pursuant to Sections 140.11 and 140.12 of Title 89 of

the Illinois Administrative Code and certified to provide

community Medicaid mental health services in accordance with

Section 132 of Title 59 of the Illinois Administrative Code.

"DCFS" means the Department of Children and Family

Services.

"Department" means the Illinois Department of Healthcare

and Family Services.

"Care facility for persons with a developmental disability

Developmentally disabled care facility" means an intermediate

care facility for persons with an intellectual disability the

intellectually disabled within the meaning of Title XIX of the

Social Security Act, whether public or private and whether

organized for profit or not-for-profit, but shall not include

any facility operated by the State.

"Care provider for persons with a developmental disability

Developmentally disabled care provider" means a person

conducting, operating, or maintaining a care facility for

persons with a developmental disability developmentally

disabled care facility. For purposes of this definition,

"person" means any political subdivision of the State,

municipal corporation, individual, firm, partnership,

corporation, company, limited liability company, association,

joint stock association, or trust, or a receiver, executor,

trustee, guardian, or other representative appointed by order

of any court.

"DHS" means the Illinois Department of Human Services.

"Hospital" means an institution, place, building, or

agency located in this State that is licensed as a general

acute hospital by the Illinois Department of Public Health

under the Hospital Licensing Act, whether public or private and

whether organized for profit or not-for-profit.

"Long term care facility" means (i) a skilled nursing or

intermediate long term care facility, whether public or private

and whether organized for profit or not-for-profit, that is

subject to licensure by the Illinois Department of Public

Health under the Nursing Home Care Act, including a county

nursing home directed and maintained under Section 5-1005 of

the Counties Code, and (ii) a part of a hospital in which

skilled or intermediate long term care services within the

meaning of Title XVIII or XIX of the Social Security Act are

provided; except that the term "long term care facility" does

not include a facility operated solely as an intermediate care

facility for the intellectually disabled within the meaning of

Title XIX of the Social Security Act.

"Long term care provider" means (i) a person licensed by

the Department of Public Health to operate and maintain a

skilled nursing or intermediate long term care facility or (ii)

a hospital provider that provides skilled or intermediate long

term care services within the meaning of Title XVIII or XIX of

the Social Security Act. For purposes of this definition,

"person" means any political subdivision of the State,

municipal corporation, individual, firm, partnership,

corporation, company, limited liability company, association,

joint stock association, or trust, or a receiver, executor,

trustee, guardian, or other representative appointed by order

of any court.

"State-operated facility for persons with a developmental

disability developmentally disabled care facility" means an

intermediate care facility for persons with an intellectual

disability the intellectually disabled within the meaning of

Title XIX of the Social Security Act operated by the State.

(c) Administration and deposit of Revenues. The Department

shall coordinate the implementation of changes required by this

amendatory Act of the 96th General Assembly amongst the various

State and local government bodies that administer programs

referred to in this Section.

Revenues generated by program changes mandated by any

provision in this Section, less reasonable administrative

costs associated with the implementation of these program

changes, which would otherwise be deposited into the General

Revenue Fund shall be deposited into the Healthcare Provider

Relief Fund.

The Department shall issue a report to the General Assembly

detailing the implementation progress of this amendatory Act of

the 96th General Assembly as a part of the Department's Medical

Programs annual report for fiscal years 2010 and 2011.

(d) Acceleration of payment vouchers. To the extent

practicable and permissible under federal law, the Department

shall create all vouchers for long term care facilities and

facilities for persons with a developmental disability

developmentally disabled care facilities for dates of service

in the month in which the enhanced federal medical assistance

percentage (FMAP) originally set forth in the American Recovery

and Reinvestment Act (ARRA) expires and for dates of service in

the month prior to that month and shall, no later than the 15th

of the month in which the enhanced FMAP expires, submit these

vouchers to the Comptroller for payment.

The Department of Human Services shall create the necessary

documentation for State-operated facilities for persons with a

developmental disability developmentally disabled care

facilities so that the necessary data for all dates of service

before the expiration of the enhanced FMAP originally set forth

in the ARRA can be adjudicated by the Department no later than

the 15th of the month in which the enhanced FMAP expires.

(e) Billing of DHS community Medicaid mental health

services. No later than July 1, 2011, community Medicaid mental

health services provided by a community-based provider must be

billed directly to the Department.

(f) DCFS Medicaid services. The Department shall work with

DCFS to identify existing programs, pending qualifying

services, that can be converted in an economically feasible

manner to Medicaid in order to secure federal financial

revenue.

(g) Third Party Liability recoveries. The Department shall

contract with a vendor to support the Department in

coordinating benefits for Medicaid enrollees. The scope of work

shall include, at a minimum, the identification of other

insurance for Medicaid enrollees and the recovery of funds paid

by the Department when another payer was liable. The vendor may

be paid a percentage of actual cash recovered when practical

and subject to federal law.

(h) Public health departments. The Department shall

identify unreimbursed costs for persons covered by Medicaid who

are served by the Chicago Department of Public Health.

The Department shall assist the Chicago Department of

Public Health in determining total unreimbursed costs

associated with the provision of healthcare services to

Medicaid enrollees.

The Department shall determine and draw the maximum

allowable federal matching dollars associated with the cost of

Chicago Department of Public Health services provided to

Medicaid enrollees.

(i) Acceleration of hospital-based payments. The

Department shall, by the 10th day of the month in which the

enhanced FMAP originally set forth in the ARRA expires, create

vouchers for all State fiscal year 2011 hospital payments

exempt from the prompt payment requirements of the ARRA. The

Department shall submit these vouchers to the Comptroller for

payment.

(Source: P.A. 96-1405, eff. 7-29-10; 97-48, eff. 6-28-11;

97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-813, eff.

7-13-12.)

(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)

Sec. 12-5. Appropriations; uses; federal grants; report to

General Assembly. From the sums appropriated by the General

Assembly, the Illinois Department shall order for payment by

warrant from the State Treasury grants for public aid under

Articles III, IV, and V, including grants for funeral and

burial expenses, and all costs of administration of the

Illinois Department and the County Departments relating

thereto. Moneys appropriated to the Illinois Department for

public aid under Article VI may be used, with the consent of

the Governor, to co-operate with federal, State, and local

agencies in the development of work projects designed to

provide suitable employment for persons receiving public aid

under Article VI. The Illinois Department, with the consent of

the Governor, may be the agent of the State for the receipt and

disbursement of federal funds or commodities for public aid

purposes under Article VI and for related purposes in which the

co-operation of the Illinois Department is sought by the

federal government, and, in connection therewith, may make

necessary expenditures from moneys appropriated for public aid

under any Article of this Code and for administration. The

Illinois Department, with the consent of the Governor, may be

the agent of the State for the receipt and disbursement of

federal funds pursuant to the Immigration Reform and Control

Act of 1986 and may make necessary expenditures from monies

appropriated to it for operations, administration, and grants,

including payment to the Health Insurance Reserve Fund for

group insurance costs at the rate certified by the Department

of Central Management Services. All amounts received by the

Illinois Department pursuant to the Immigration Reform and

Control Act of 1986 shall be deposited in the Immigration

Reform and Control Fund. All amounts received into the

Immigration Reform and Control Fund as reimbursement for

expenditures from the General Revenue Fund shall be transferred

to the General Revenue Fund.

All grants received by the Illinois Department for programs

funded by the Federal Social Services Block Grant shall be

deposited in the Social Services Block Grant Fund. All funds

received into the Social Services Block Grant Fund as

reimbursement for expenditures from the General Revenue Fund

shall be transferred to the General Revenue Fund. All funds

received into the Social Services Block Grant fund for

reimbursement for expenditure out of the Local Initiative Fund

shall be transferred into the Local Initiative Fund. Any other

federal funds received into the Social Services Block Grant

Fund shall be transferred to the Special Purposes Trust Fund.

All federal funds received by the Illinois Department as

reimbursement for Employment and Training Programs for

expenditures made by the Illinois Department from grants,

gifts, or legacies as provided in Section 12-4.18 or made by an

entity other than the Illinois Department shall be deposited

into the Employment and Training Fund, except that federal

funds received as reimbursement as a result of the

appropriation made for the costs of providing adult education

to public assistance recipients under the "Adult Education,

Public Assistance Fund" shall be deposited into the General

Revenue Fund; provided, however, that all funds, except those

that are specified in an interagency agreement between the

Illinois Community College Board and the Illinois Department,

that are received by the Illinois Department as reimbursement

under Title IV-A of the Social Security Act for expenditures

that are made by the Illinois Community College Board or any

public community college of this State shall be credited to a

special account that the State Treasurer shall establish and

maintain within the Employment and Training Fund for the

purpose of segregating the reimbursements received for

expenditures made by those entities. As reimbursements are

deposited into the Employment and Training Fund, the Illinois

Department shall certify to the State Comptroller and State

Treasurer the amount that is to be credited to the special

account established within that Fund as a reimbursement for

expenditures under Title IV-A of the Social Security Act made

by the Illinois Community College Board or any of the public

community colleges. All amounts credited to the special account

established and maintained within the Employment and Training

Fund as provided in this Section shall be held for transfer to

the TANF Opportunities Fund as provided in subsection (d) of

Section 12-10.3, and shall not be transferred to any other fund

or used for any other purpose.

Eighty percent of the federal financial participation

funds received by the Illinois Department under the Title IV-A

Emergency Assistance program as reimbursement for expenditures

made from the Illinois Department of Children and Family

Services appropriations for the costs of providing services in

behalf of Department of Children and Family Services clients

shall be deposited into the DCFS Children's Services Fund.

All federal funds, except those covered by the foregoing 3

paragraphs, received as reimbursement for expenditures from

the General Revenue Fund shall be deposited in the General

Revenue Fund for administrative and distributive expenditures

properly chargeable by federal law or regulation to aid

programs established under Articles III through XII and Titles

IV, XVI, XIX and XX of the Federal Social Security Act. Any

other federal funds received by the Illinois Department under

Sections 12-4.6, 12-4.18 and 12-4.19 that are required by

Section 12-10 of this Code to be paid into the Special Purposes

Trust Fund shall be deposited into the Special Purposes Trust

Fund. Any other federal funds received by the Illinois

Department pursuant to the Child Support Enforcement Program

established by Title IV-D of the Social Security Act shall be

deposited in the Child Support Enforcement Trust Fund as

required under Section 12-10.2 or in the Child Support

Administrative Fund as required under Section 12-10.2a of this

Code. Any other federal funds received by the Illinois

Department for medical assistance program expenditures made

under Title XIX of the Social Security Act and Article V of

this Code that are required by Section 5-4.21 of this Code to

be paid into the Medicaid Provider for Persons with a

Developmental Disability Developmentally Disabled Provider

Participation Fee Trust Fund shall be deposited into the

Medicaid Provider for Persons with a Developmental Disability

Developmentally Disabled Provider Participation Fee Trust

Fund. Any other federal funds received by the Illinois

Department for medical assistance program expenditures made

under Title XIX of the Social Security Act and Article V of

this Code that are required by Section 5-4.31 of this Code to

be paid into the Medicaid Long Term Care Provider Participation

Fee Trust Fund shall be deposited into the Medicaid Long Term

Care Provider Participation Fee Trust Fund. Any other federal

funds received by the Illinois Department for hospital

inpatient, hospital ambulatory care, and disproportionate

share hospital expenditures made under Title XIX of the Social

Security Act and Article V of this Code that are required by

Section 14-2 of this Code to be paid into the Hospital Services

Trust Fund shall be deposited into the Hospital Services Trust

Fund. Any other federal funds received by the Illinois

Department for expenditures made under Title XIX of the Social

Security Act and Articles V and VI of this Code that are

required by Section 15-2 of this Code to be paid into the

County Provider Trust Fund shall be deposited into the County

Provider Trust Fund. Any other federal funds received by the

Illinois Department for hospital inpatient, hospital

ambulatory care, and disproportionate share hospital

expenditures made under Title XIX of the Social Security Act

and Article V of this Code that are required by Section 5A-8 of

this Code to be paid into the Hospital Provider Fund shall be

deposited into the Hospital Provider Fund. Any other federal

funds received by the Illinois Department for medical

assistance program expenditures made under Title XIX of the

Social Security Act and Article V of this Code that are

required by Section 5B-8 of this Code to be paid into the

Long-Term Care Provider Fund shall be deposited into the

Long-Term Care Provider Fund. Any other federal funds received

by the Illinois Department for medical assistance program

expenditures made under Title XIX of the Social Security Act

and Article V of this Code that are required by Section 5C-7 of

this Code to be paid into the Care Provider Fund for Persons

with a Developmental Disability shall be deposited into the

Care Provider Fund for Persons with a Developmental Disability.

Any other federal funds received by the Illinois Department for

trauma center adjustment payments that are required by Section

5-5.03 of this Code and made under Title XIX of the Social

Security Act and Article V of this Code shall be deposited into

the Trauma Center Fund. Any other federal funds received by the

Illinois Department as reimbursement for expenses for early

intervention services paid from the Early Intervention

Services Revolving Fund shall be deposited into that Fund.

The Illinois Department shall report to the General

Assembly at the end of each fiscal quarter the amount of all

funds received and paid into the Social Service Block Grant

Fund and the Local Initiative Fund and the expenditures and

transfers of such funds for services, programs and other

purposes authorized by law. Such report shall be filed with the

Speaker, Minority Leader and Clerk of the House, with the

President, Minority Leader and Secretary of the Senate, with

the Chairmen of the House and Senate Appropriations Committees,

the House Human Resources Committee and the Senate Public

Health, Welfare and Corrections Committee, or the successor

standing Committees of each as provided by the rules of the

House and Senate, respectively, with the Legislative Research

Unit and with the State Government Report Distribution Center

for the General Assembly as is required under paragraph (t) of

Section 7 of the State Library Act shall be deemed sufficient

to comply with this Section.

(Source: P.A. 98-463, eff. 8-16-13.)

Section 645. The Energy Assistance Act is amended by

changing Section 6 as follows:

(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)

Sec. 6. Eligibility, Conditions of Participation, and

Energy Assistance.

(a) Any person who is a resident of the State of Illinois

and whose household income is not greater than an amount

determined annually by the Department, in consultation with the

Policy Advisory Council, may apply for assistance pursuant to

this Act in accordance with regulations promulgated by the

Department. In setting the annual eligibility level, the

Department shall consider the amount of available funding and

may not set a limit higher than 150% of the federal nonfarm

poverty level as established by the federal Office of

Management and Budget; except that for the period ending June

30, 2013, the Department may not establish limits higher than

200% of that poverty level or the maximum level provided for by

federal guidelines.

(b) Applicants who qualify for assistance pursuant to

subsection (a) of this Section shall, subject to appropriation

from the General Assembly and subject to availability of funds

to the Department, receive energy assistance as provided by

this Act. The Department, upon receipt of monies authorized

pursuant to this Act for energy assistance, shall commit funds

for each qualified applicant in an amount determined by the

Department. In determining the amounts of assistance to be

provided to or on behalf of a qualified applicant, the

Department shall ensure that the highest amounts of assistance

go to households with the greatest energy costs in relation to

household income. The Department shall include factors such as

energy costs, household size, household income, and region of

the State when determining individual household benefits. In

setting assistance levels, the Department shall attempt to

provide assistance to approximately the same number of

households who participated in the 1991 Residential Energy

Assistance Partnership Program. Such assistance levels shall

be adjusted annually on the basis of funding availability and

energy costs. In promulgating rules for the administration of

this Section the Department shall assure that a minimum of 1/3

of funds available for benefits to eligible households with the

lowest incomes and that elderly households and households with

persons with disabilities and disabled households are offered a

priority application period.

(c) If the applicant is not a customer of record of an

energy provider for energy services or an applicant for such

service, such applicant shall receive a direct energy

assistance payment in an amount established by the Department

for all such applicants under this Act; provided, however, that

such an applicant must have rental expenses for housing greater

than 30% of household income.

(c-1) This subsection shall apply only in cases where: (1)

the applicant is not a customer of record of an energy provider

because energy services are provided by the owner of the unit

as a portion of the rent; (2) the applicant resides in housing

subsidized or developed with funds provided under the Rental

Housing Support Program Act or under a similar locally funded

rent subsidy program, or is the voucher holder who resides in a

rental unit within the State of Illinois and whose monthly rent

is subsidized by the tenant-based Housing Choice Voucher

Program under Section 8 of the U.S. Housing Act of 1937; and

(3) the rental expenses for housing are no more than 30% of

household income. In such cases, the household may apply for an

energy assistance payment under this Act and the owner of the

housing unit shall cooperate with the applicant by providing

documentation of the energy costs for that unit. Any

compensation paid to the energy provider who supplied energy

services to the household shall be paid on behalf of the owner

of the housing unit providing energy services to the household.

The Department shall report annually to the General Assembly on

the number of households receiving energy assistance under this

subsection and the cost of such assistance. The provisions of

this subsection (c-1), other than this sentence, are

inoperative after August 31, 2012.

(d) If the applicant is a customer of an energy provider,

such applicant shall receive energy assistance in an amount

established by the Department for all such applicants under

this Act, such amount to be paid by the Department to the

energy provider supplying winter energy service to such

applicant. Such applicant shall:

(i) make all reasonable efforts to apply to any other

appropriate source of public energy assistance; and

(ii) sign a waiver permitting the Department to receive

income information from any public or private agency

providing income or energy assistance and from any

employer, whether public or private.

(e) Any qualified applicant pursuant to this Section may

receive or have paid on such applicant's behalf an emergency

assistance payment to enable such applicant to obtain access to

winter energy services. Any such payments shall be made in

accordance with regulations of the Department.

(f) The Department may, if sufficient funds are available,

provide additional benefits to certain qualified applicants:

(i) for the reduction of past due amounts owed to

energy providers; and

(ii) to assist the household in responding to

excessively high summer temperatures or energy costs.

Households containing elderly members, children, a person

with a disability, or a person with a medical need for

conditioned air shall receive priority for receipt of such

benefits.

(Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09;

96-1000, eff. 7-2-10; 97-721, eff. 6-29-12.)

Section 650. The Medicaid Revenue Act is amended by

changing Section 1-2 as follows:

(305 ILCS 35/1-2) (from Ch. 23, par. 7051-2)

Sec. 1-2. Legislative finding and declaration. The General

Assembly hereby finds, determines, and declares:

(1) It is in the public interest and it is the public

policy of this State to provide for and improve the basic

medical care and long-term health care services of its

indigent, most vulnerable citizens.

(2) Preservation of health, alleviation of sickness,

and correction of disabling handicapping conditions for

persons requiring maintenance support are essential if

those persons are to have an opportunity to become

self-supporting or to attain a greater capacity for

self-care.

(3) For persons who are medically indigent but

otherwise able to provide themselves a livelihood, it is of

special importance to maintain their incentives for

continued independence and preserve their limited

resources for ordinary maintenance needed to prevent their

total or substantial dependence on public support.

(4) The State has historically provided for care and

services, in conjunction with the federal government,

through the establishment and funding of a medical

assistance program administered by the Department of

Healthcare and Family Services (formerly Department of

Public Aid) and approved by the Secretary of Health and

Human Services under Title XIX of the federal Social

Security Act, that program being commonly referred to as

"Medicaid".

(5) The Medicaid program is a funding partnership

between the State of Illinois and the federal government,

with the Department of Healthcare and Family Services being

designated as the single State agency responsible for the

administration of the program, but with the State

historically receiving 50% of the amounts expended as

medical assistance under the Medicaid program from the

federal government.

(6) To raise a portion of Illinois' share of the

Medicaid funds after July 1, 1991, the General Assembly

enacted Public Act 87-13 to provide for the collection of

provider participation fees from designated health care

providers receiving Medicaid payments.

(7) On September 12, 1991, the Secretary of Health and

Human Services proposed regulations that could have

reduced the federal matching of Medicaid expenditures

incurred on or after January 1, 1992 by the portion of the

expenditures paid from funds raised through the provider

participation fees.

(8) To prevent the Secretary from enacting those

regulations but at the same time to impose certain

statutory limitations on the means by which states may

raise Medicaid funds eligible for federal matching,

Congress enacted the Medicaid Voluntary Contribution and

Provider-Specific Tax Amendments of 1991, Public Law

102-234.

(9) Public Law 102-234 provides for a state's share of

Medicaid funding eligible for federal matching to be raised

through "broad-based health care related taxes", meaning,

generally, a tax imposed with respect to a class of health

care items or services (or providers thereof) specified

therein, which (i) is imposed on all items or services or

providers in the class in the state, except federal or

public providers, and (ii) is imposed uniformly on all

providers in the class at the same rate with respect to the

same base.

(10) The separate classes of health care items and

services established by P.L. 102-234 include inpatient and

outpatient hospital services, nursing facility services,

and services of intermediate care facilities for persons

with intellectual disabilities the intellectually

disabled.

(11) The provider participation fees imposed under

P.A. 87-13 may not meet the standards under P.L. 102-234.

(12) The resulting hospital Medicaid reimbursement

reductions may force the closure of some hospitals now

serving a disproportionately high number of the needy, who

would then have to be cared for by remaining hospitals at

substantial cost to those remaining hospitals.

(13) The hospitals in the State are all part of and

benefit from a hospital system linked together in a number

of ways, including common licensing and regulation, health

care standards, education, research and disease control

reporting, patient transfers for specialist care, and

organ donor networks.

(14) Each hospital's patient population demographics,

including the proportion of patients whose care is paid by

Medicaid, is subject to change over time.

(15) Hospitals in the State have a special interest in

the payment of adequate reimbursement levels for hospital

care by Medicaid.

(16) Most hospitals are exempt from payment of most

federal, State, and local income, sales, property, and

other taxes.

(17) The hospital assessment enacted by this Act under

the guidelines of P.L. 102-234 is the most efficient means

of raising the federally matchable funds needed for

hospital care reimbursement.

(18) Cook County Hospital and Oak Forest Hospital are

public hospitals owned and operated by Cook County with

unique fiscal problems, including a patient population

that is primarily Medicaid or altogether nonpaying, that

make an intergovernmental transfer payment arrangement a

more appropriate means of financing than the regular

hospital assessment and reimbursement provisions.

(19) Sole community hospitals provide access to

essential care that would otherwise not be reasonably

available in the community they serve, such that imposition

of assessments on them in their precarious financial

circumstances may force their closure and have the effect

of reducing access to health care.

(20) Each nursing home's resident population

demographics, including the proportion of residents whose

care is paid by Medicaid, is subject to change over time in

that, among other things, residents currently able to pay

the cost of nursing home care may become dependent on

Medicaid support for continued care and services as

resources are depleted.

(21) As the citizens of the State age, increased

pressures will be placed on limited facilities to provide

reasonable levels of care for a greater number of geriatric

residents, and all involved in the nursing home industry,

providers and residents, have a special interest in the

maintenance of adequate Medicaid support for all nursing

facilities.

(22) The assessments on nursing homes enacted by this

Act under the guidelines of P.L. 102-234 are the most

efficient means of raising the federally matchable funds

needed for nursing home care reimbursement.

(23) All intermediate care facilities for persons with

developmental disabilities receive a high degree of

Medicaid support and benefits and therefore have a special

interest in the maintenance of adequate Medicaid support.

(24) The assessments on intermediate care facilities

for persons with developmental disabilities enacted by

this Act under the guidelines of P.L. 102-234 are the most

efficient means of raising the federally matchable funds

needed for reimbursement of providers of intermediate care

for persons with developmental disabilities.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 655. The Nutrition Outreach and Public Education

Act is amended by changing Section 10 as follows:

(305 ILCS 42/10)

Sec. 10. Definitions. As used in this Act, unless the

context requires otherwise:

"At-risk populations" means populations including but not

limited to families with children receiving aid under Article

IV of the Illinois Public Aid Code, households receiving

federal supplemental security income payments, households with

incomes at or below 185% of the poverty guidelines updated

annually in the Federal Register by the U.S. Department of

Health and Human Services under authority of Section 673(2) of

the Omnibus Budget Reconciliation Act of 1981, recipients of

emergency food, elderly persons or persons with disabilities or

disabled persons, homeless persons, unemployed persons, and

families and persons residing in rural households who are at

risk of nutritional deficiencies.

"Secretary" means the Secretary of Human Services.

"Food assistance programs" means programs including but

not limited to the food stamp program, school breakfast and

lunch programs, child care food programs, summer food service

programs, the special supplemental programs for women, infants

and children, congregate meal programs, and home-delivered

meal programs.

"High-risk area" means any county or urban area where a

significant percentage or number of those potentially eligible

for food assistance programs are not participating in such

programs.

(Source: P.A. 93-555, eff. 1-1-04.)

Section 660. The Housing Authorities Act is amended by

changing Section 8.15 as follows:

(310 ILCS 10/8.15) (from Ch. 67 1/2, par. 8.15)

Sec. 8.15. A Housing Authority may, subject to written

approval by the Department, acquire by purchase, condemnation

or otherwise any improved or unimproved real property, the

acquisition of which is necessary or appropriate for the

implementation of a conservation plan for a conservation area

as defined in this Act; to remove or demolish substandard or

other buildings and structures from the property so acquired;

to hold, improve, mortgage and manage such properties; and to

sell, lease, or exchange such properties, provided that

contracts for repair, improvement or rehabilitation of

existing improvements as may be required by the conservation

plan to be done by the Authority involving in excess of $1,000

shall be let by free and competitive bidding to the lowest

responsible bidder upon such bond and subject to such

regulations as may be set by the Department and to the written

approval of the Department, and provided further that all new

construction for occupancy and use other than by any municipal

corporation or county or subdivision thereof shall be on land

privately owned.

The acquisition, use or disposition of any real property

must conform to a conservation plan developed and approved as

provided in Section 8.14. In case of the sale or lease of any

real property acquired under a conservation plan, the buyer or

lessee must as a condition of sale or lease agree to improve

and use the property according to the conservation plan, and

such agreement may be made a covenant running with the land,

and on order of the Authority and written approval from the

Department the agreement shall be made a covenant running with

the land. No lease or deed of conveyance either by the

Authority or any subsequent owner shall contain a covenant

running with the land or other provision prohibiting occupancy

of the premises by any person because of race, creed, color,

religion, mental or physical disability handicap, national

origin or sex.

The Authority shall by public notice by publication once a

week for 2 consecutive weeks in a newspaper having general

circulation in the municipality or county prior to the

execution of any contract to sell, lease or otherwise transfer

real property and prior to the delivery of any instrument of

conveyance with respect thereto, invite proposals from and make

available all pertinent information to redevelopers or any

person interested in undertaking to redevelop or rehabilitate a

conservation area, or any part thereof; provided that, in

municipalities or counties in which no newspaper is published,

publication may be made by posting a notice in 3 prominent

places within the municipality or county. The notice shall

contain a description of the conservation area, the details of

the conservation plan relating to the property which the

purchaser shall undertake in writing to carry out, and such

undertakings as the Authority and the Department may deem

necessary to obligate the purchaser, his or her successors and

assigns (1) to use the property for the purposes designated in

the conservation plan, (2) to commence and complete the

improvement, repair, rehabilitation or construction of the

improvements within the periods of time which the Authority

with written approval from the Department fixes as reasonable

and (3) to comply with such other conditions as are necessary

to carry out the purpose of the conservation project.

The Authority may negotiate with any persons for proposals

for the purchase, lease or other transfer of any real property

acquired by it and shall consider all redevelopment and

rehabilitation proposals submitted to it and the financial and

legal ability of the persons making such proposals to carry

them out. The Authority subject to written approval from the

Department, at a public meeting, notice of which shall have

been published in a newspaper of general circulation within the

municipality or county at least 15 but not more than 30 days

prior to such meeting, may accept such proposals as it deems to

be in the public interest and in furtherance of the purposes of

this Act.

All sales or leases of real property shall be made at not

less than fair use value. No sale of real property acquired

pursuant to this section shall be made without the approval of

a majority of the Commissioners of the Authority and written

approval from the Department. No property shall be held for

more than 5 years, after which the property shall be sold to

the highest bidder at public sale. The Authority may employ

competent real estate management firms to manage such

properties as may be required, or the Authority may manage such

properties.

(Source: P.A. 81-1509.)

Section 665. The Illinois Affordable Housing Act is amended

by changing Section 8 as follows:

(310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)

Sec. 8. Uses of Trust Fund.

(a) Subject to annual appropriation to the Funding Agent

and subject to the prior dedication, allocation, transfer and

use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and

9 of this Act, the Trust Fund may be used to make grants,

mortgages, or other loans to acquire, construct, rehabilitate,

develop, operate, insure, and retain affordable single-family

and multi-family housing in this State for low-income and very

low-income households. The majority of monies appropriated to

the Trust Fund in any given year are to be used for affordable

housing for very low-income households. For the fiscal years

2007, 2008, and 2009 only, the Department of Human Services is

authorized to receive appropriations and spend moneys from the

Illinois Affordable Housing Trust Fund for the purpose of

developing and coordinating public and private resources

targeted to meet the affordable housing needs of low-income,

very low-income, and special needs households in the State of

Illinois.

(b) For each fiscal year commencing with fiscal year 1994,

the Program Administrator shall certify from time to time to

the Funding Agent, the Comptroller and the State Treasurer

amounts, up to an aggregate in any fiscal year of $10,000,000,

of Trust Fund Moneys expected to be used or pledged by the

Program Administrator during the fiscal year for the purposes

and uses specified in Sections 8(c) and 9 of this Act. Subject

to annual appropriation, upon receipt of such certification,

the Funding Agent and the Comptroller shall dedicate and the

State Treasurer shall transfer not less often than monthly to

the Program Administrator or its designated payee, without

requisition or further request therefor, all amounts

accumulated in the Trust Fund within the State Treasury and not

already transferred to the Loan Commitment Account prior to the

Funding Agent's receipt of such certification, until the

Program Administrator has received the aggregate amount

certified by the Program Administrator, to be used solely for

the purposes and uses authorized and provided in Sections 8(c)

and 9 of this Act. Neither the Comptroller nor the Treasurer

shall transfer, dedicate or allocate any of the Trust Fund

Moneys transferred or certified for transfer by the Program

Administrator as provided above to any other fund, nor shall

the Governor authorize any such transfer, dedication or

allocation, nor shall any of the Trust Fund Moneys so

dedicated, allocated or transferred be used, temporarily or

otherwise, for interfund borrowing, or be otherwise used or

appropriated, except as expressly authorized and provided in

Sections 8(c) and 9 of this Act for the purposes and subject to

the priorities, limitations and conditions provided for

therein until such obligations, uses and dedications as therein

provided, have been satisfied.

(c) Notwithstanding Section 5(b) of this Act, any Trust

Fund Moneys transferred to the Program Administrator pursuant

to Section 8(b) of this Act, or otherwise obtained, paid to or

held by or for the Program Administrator, or pledged pursuant

to resolution of the Program Administrator, for Affordable

Housing Program Trust Fund Bonds or Notes under the Illinois

Housing Development Act, and all proceeds, payments and

receipts from investments or use of such moneys, including any

residual or additional funds or moneys generated or obtained in

connection with any of the foregoing, may be held, pledged,

applied or dedicated by the Program Administrator as follows:

(1) as required by the terms of any pledge of or

resolution of the Program Administrator authorized under

Section 9 of this Act in connection with Affordable Housing

Program Trust Fund Bonds or Notes issued pursuant to the

Illinois Housing Development Act;

(2) to or for costs of issuance and administration and

the payments of any principal, interest, premium or other

amounts or expenses incurred or accrued in connection with

Affordable Housing Program Trust Fund Bonds or Notes,

including rate protection contracts and credit support

arrangements pertaining thereto, and, provided such

expenses, fees and charges are obligations, whether

recourse or nonrecourse, and whether financed with or paid

from the proceeds of Affordable Housing Program Trust Fund

Bonds or Notes, of the developers, mortgagors or other

users, the Program Administrator's expenses and servicing,

administration and origination fees and charges in

connection with any loans, mortgages, or developments

funded or financed or expected to be funded or financed, in

whole or in part, from the issuance of Affordable Housing

Program Trust Fund Bonds or Notes;

(3) to or for costs of issuance and administration and

the payments of principal, interest, premium, loan fees,

and other amounts or other obligations of the Program

Administrator, including rate protection contracts and

credit support arrangements pertaining thereto, for loans,

commercial paper or other notes or bonds issued by the

Program Administrator pursuant to the Illinois Housing

Development Act, provided that the proceeds of such loans,

commercial paper or other notes or bonds are paid or

expended in connection with, or refund or repay, loans,

commercial paper or other notes or bonds issued or made in

connection with bridge loans or loans for the construction,

renovation, redevelopment, restructuring, reorganization

of Affordable Housing and related expenses, including

development costs, technical assistance, or other amounts

to construct, preserve, improve, renovate, rehabilitate,

refinance, or assist Affordable Housing, including

financially troubled Affordable Housing, permanent or

other financing for which has been funded or financed or is

expected to be funded or financed in whole or in part by

the Program Administrator through the issuance of or use of

proceeds from Affordable Housing Program Trust Fund Bonds

or Notes;

(4) to or for direct expenditures or reimbursement for

development costs, technical assistance, or other amounts

to construct, preserve, improve, renovate, rehabilitate,

refinance, or assist Affordable Housing, including

financially troubled Affordable Housing, permanent or

other financing for which has been funded or financed or is

expected to be funded or financed in whole or in part by

the Program Administrator through the issuance of or use of

proceeds from Affordable Housing Program Trust Fund Bonds

or Notes; and

(5) for deposit into any residual, sinking, reserve or

revolving fund or pool established by the Program

Administrator, whether or not pledged to secure Affordable

Housing Program Trust Fund Bonds or Notes, to support or be

utilized for the issuance, redemption, or payment of the

principal, interest, premium or other amounts payable on or

with respect to any existing, additional or future

Affordable Housing Program Trust Fund Bonds or Notes, or to

or for any other expenditure authorized by this Section

8(c).

(d) All or a portion of the Trust Fund Moneys on deposit or

to be deposited in the Trust Fund not already certified for

transfer or transferred to the Program Administrator pursuant

to Section 8(b) of this Act may be used to secure the repayment

of Affordable Housing Program Trust Fund Bonds or Notes, or

otherwise to supplement or support Affordable Housing funded or

financed or intended to be funded or financed, in whole or in

part, by Affordable Housing Program Trust Fund Bonds or Notes.

(e) Assisted housing may include housing for special needs

populations such as the homeless, single-parent families, the

elderly, or persons with disabilities the physically and

mentally disabled. The Trust Fund shall be used to implement a

demonstration congregate housing project for any such special

needs population.

(f) Grants from the Trust Fund may include, but are not

limited to, rental assistance and security deposit subsidies

for low and very low-income households.

(g) The Trust Fund may be used to pay actual and reasonable

costs for Commission members to attend Commission meetings, and

any litigation costs and expenses, including legal fees,

incurred by the Program Administrator in any litigation related

to this Act or its action as Program Administrator.

(h) The Trust Fund may be used to make grants for (1) the

provision of technical assistance, (2) outreach, and (3)

building an organization's capacity to develop affordable

housing projects.

(i) Amounts on deposit in the Trust Fund may be used to

reimburse the Program Administrator and the Funding Agent for

costs incurred in the performance of their duties under this

Act, excluding costs and fees of the Program Administrator

associated with the Program Escrow to the extent withheld

pursuant to paragraph (8) of subsection (b) of Section 5.

(Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08;

95-744, eff. 7-18-08.)

Section 670. The Subsidized Housing Joint Occupancy Act is

amended by changing Sections 2, 3, and 4 as follows:

(310 ILCS 75/2) (from Ch. 67 1/2, par. 1352)

Sec. 2. Legislative findings. The General Assembly makes

the following findings:

(1) Elderly persons and persons with disabilities and

handicapped persons frequently desire to share a residence (i)

to maximize the effectiveness of the portion of their often

limited incomes that is spent for housing; (ii) for protection;

and (iii) for assistance in performing necessary daily tasks of

life such as cooking and cleaning.

(2) Many elderly persons and persons with disabilities and

handicapped persons desire to live in federally subsidized

housing units because of their limited incomes.

(3) Rules of the federal Department of Housing and Urban

Development permit 2 or more unrelated elderly persons or

persons with disabilities or handicapped persons to occupy the

same unit in federally subsidized housing, although local

housing authorities frequently do not permit those persons to

occupy the same unit.

(4) The State of Illinois should do all it can to assist

its elderly persons and persons with disabilities and

handicapped persons in maximizing the effectiveness of their

incomes and to insure that those citizens are not unnecessarily

burdened in accomplishing the daily tasks of life.

(Source: P.A. 87-243.)

(310 ILCS 75/3) (from Ch. 67 1/2, par. 1353)

Sec. 3. Definitions. As used in this Act, unless the

context clearly requires otherwise:

"Elderly person" means a person 62 years of age or older.

"Person with a disability Handicapped person" means a

person having a physical or mental impairment that:

(1) is expected to be of long-continued and indefinite

duration,

(2) substantially impedes the person's ability to live

independently, and

(3) is of such a nature that this ability could be

improved by more suitable housing conditions.

"Subsidized housing" means any housing or unit of housing

financed by a loan or mortgage held by the Illinois Housing

Development Authority, a local housing authority, or the

federal Department of Housing and Urban Development ("HUD")

under one of the following circumstances:

(1) Insured or held by HUD under Section 221(d)(3) of

the National Housing Act and assisted under Section 101 of

the Housing and Urban Development Act of 1965 or Section 8

of the United States Housing Act of 1937.

(2) Insured or held by HUD and bears interest at a rate

determined under the proviso of Section 221(d)(3) of the

National Housing Act.

(3) Insured, assisted, or held by HUD under Section 202

or 236 of the National Housing Act.

(4) Insured or held by HUD under Section 514 or 515 of

the Housing Act of 1949.

(5) Insured or held by HUD under the United States

Housing Act of 1937.

(6) Held by HUD and formerly insured under a program

listed in paragraph (1), (2), (3), (4), or (5).

(Source: P.A. 87-243.)

(310 ILCS 75/4) (from Ch. 67 1/2, par. 1354)

Sec. 4. Joint occupancy of subsidized housing. Two elderly

persons or two persons with disabilities or handicapped persons

who are not related to each other by blood or marriage shall

not be prohibited from jointly occupying subsidized housing or

a unit of subsidized housing solely because they are not

related, provided they have filed a form for such joint

occupation with the clerk of the county in which the housing

they seek to occupy is located and otherwise meet all other

eligibility requirements. A member of the joint occupancy may

withdraw from the joint occupancy at any time.

(Source: P.A. 87-243.)

Section 675. The Accessible Housing Demonstration Grant

Program Act is amended by changing Sections 10 and 20 as

follows:

(310 ILCS 95/10)

Sec. 10. Accessibility demonstration grant program.

Subject to appropriation for this purpose, the Authority shall

establish a demonstration grant program to encourage the

building of spec homes that are accessible to persons with

disabilities the disabled. Through the program the Authority

shall provide grants to builders who build spec homes meeting

the basic access standards described in Section 15. The goal of

the demonstration program shall be that at least 10% of all new

spec homes within a development participating in the

demonstration grant program for which construction begins 6 or

more months after the effective date of this Act meet the

minimum standards for basic access as described in Section 15.

Builders who wish to participate in the demonstration grant

program shall submit a grant application to the Authority in

accordance with rules promulgated by the Authority. The

Authority shall prescribe by rule standards and procedures for

the provision of demonstration grant funds in relation to each

grant application.

(Source: P.A. 91-451, eff. 8-6-99.)

(310 ILCS 95/20)

Sec. 20. Task Force on Housing Accessibility. There is

created a Task Force on Housing Accessibility. The Task Force

shall consist of 7 members who shall be appointed by the

Governor as follows: the executive vice president of the

Illinois Association of Realtors or his or her designee, the

executive vice president of the Home Builders Association of

Illinois or his or her designee, an architect with expertise

and experience in designing accessible housing for persons with

disabilities, a senior citizen, a person with disabilities, a

representative from the Attorney General's Office, and the

Director of the Authority or his or her designee. The terms of

the Task Force members shall last 4 years and shall begin 60

days after the effective date of this Act, or as soon

thereafter as all members of the Board have been appointed. At

the expiration of the term of each Task Force member, and of

each succeeding Task Force member, or in the event of a

vacancy, the Governor shall appoint a Task Force member to hold

office, in the case of a vacancy, for the unexpired term, or in

the case of expiration, for a term of 4 years or until a

successor is appointed by the Governor. The members shall

receive no compensation for their services on the Task Force

but shall be reimbursed by the Authority for any ordinary and

necessary expenses incurred in the performance of their duties.

The Task Force shall provide recommendations to builders

regarding the types of accommodations needed in new housing

stock for persons with disabilities disabled persons. The

recommendations shall include provisions on how to build homes

that will retain their resale and aesthetic value.

(Source: P.A. 91-451, eff. 8-6-99.)

Section 680. The Prevention of Unnecessary

Institutionalization Act is amended by changing Section 25 as

follows:

(310 ILCS 100/25)

Sec. 25. Eligibility. Persons age 60 or over and adults and

children with disabilities shall be eligible for grants or

loans or both under the Program established by this Act if they

have one or more verifiable impairments that substantially

limits one or more of life's major activities for which some

modification of their dwelling or assistive technology

devices, or both, are required which they are unable to afford

because of limited resources. Preference shall be given to

applicants who: (1) are at imminent risk of

institutionalization or who are already in an institutional

setting but are ready to return to the community and who would

be able to live in the community if modifications are made or

they have the needed assistive technology devices, (2) have

inadequate resources or no current access to resources as a

result of the geographic location of their dwelling, the lack

of other available State or federal funds such as the Community

Development Block Grant or rural housing assistance programs or

income limitations such as the inability to qualify for a

low-interest loan, or (3) have access to other resources, but

those resources are insufficient to complete the necessary

modifications or acquire the needed assistive technology

devices. Adults under 60 years of age with disabilities and

children with disabilities shall receive services under the

component of the Program administered by the Department of

Human Services. An adult 60 years of age or older may elect to

receive services under the component administered by the

Department of Human Services if, at the time he or she reached

age 60, he or she was already receiving Home Services under

subsection (f) of Section 3 of the Rehabilitation of Persons

with Disabilities Disabled Persons Rehabilitation Act or he or

she was already receiving services under the component of the

Program administered by the Department of Human Services. All

other adults 60 years of age or older receiving services under

the Program shall receive services under the component

administered by the Department on Aging.

(Source: P.A. 92-122, eff. 7-20-01.)

Section 685. The Blighted Areas Redevelopment Act of 1947

is amended by changing Section 20 as follows:

(315 ILCS 5/20) (from Ch. 67 1/2, par. 82)

Sec. 20. The sale of any real property by a Land Clearance

Commission where required to be made for a monetary

consideration, except public sales as provided in the last

paragraph of Section 19, shall be subject to the approval of

the Department and the governing body of the municipality in

which the real property is located.

All deeds of conveyances shall be executed in the name of

the Land Clearance Commission by the Chairman and Secretary of

the Commission and the seal of the Commission shall be attached

thereto. Any deed of conveyance by the Commission may provide

such restrictions as are required by the plan for redevelopment

and the building and zoning ordinances, but no deed of

conveyance either by the Commission or any subsequent owner

shall contain a covenant running with the land or other

provision prohibiting occupancy of the premises by any person

because of race, creed, color, religion, physical or mental

disability handicap, national origin or sex.

(Source: P.A. 81-1509.)

Section 690. The Urban Community Conservation Act is

amended by changing Section 6 as follows:

(315 ILCS 25/6) (from Ch. 67 1/2, par. 91.13)

Sec. 6. Real property necessary or appropriate for the

conservation of urban residential areas-Acquisition, use and

disposition.) The Conservation Board of a municipality shall

have the power to acquire by purchase, condemnation or

otherwise any improved or unimproved real property the

acquisition of which is necessary or appropriate for the

implementation of a conservation plan for a Conservation Area

as defined herein; to remove or demolish substandard or other

buildings and structures from the property so acquired; to

hold, improve, mortgage and manage such properties; and to

sell, lease, or exchange such properties, provided that

contracts for repair, improvement or rehabilitation of

existing improvements as may be required by the Conservation

Plan to be done by the Board involving in excess of $1,000.00

shall be let by free and competitive bidding to the lowest

responsible bidder upon such bond and subject to such

regulations as may be set by the Board, and provided further

that all new construction for occupancy and use other than by

any municipal corporation or subdivision thereof shall be on

land privately owned. The acquisition, use, or disposition of

any real property in pursuance of this section must conform to

a conservation plan developed in the manner hereinafter set

forth. In case of the sale or lease of any real property

acquired under the provisions of this Act such buyer or lessee

must as a condition of sale or lease, agree to improve and use

such property according to the conservation plan, and such

agreement may be made a covenant running with the land and on

order of the governing body such agreement shall be made a

covenant running with the land. No lease or deed of conveyance

either by the Board or any subsequent owner shall contain a

covenant running with the land or other provision prohibiting

occupancy of the premises by any person because of race, creed,

color, religion, physical or mental disability handicap, sex or

national origin. The Conservation Board shall by public notice

by publication once each week for 2 consecutive weeks in a

newspaper having general circulation in the municipality prior

to the execution of any contract to sell, lease or otherwise

transfer real property and prior to the delivery of any

instrument of conveyance with respect thereto, invite

proposals from and make available all pertinent information to

redevelopers or any person interested in undertaking to

redevelop or rehabilitate a Conservation Area, or any part

thereof, provided that, in municipalities in which no newspaper

is published, publication may be made by posting a notice in 3

prominent places within the municipality. Such notice shall

contain a description of the Conservation Area, the details of

the conservation plan relating to the property which the

purchaser shall undertake in writing to carry out and such

undertakings as the Board may deem necessary to obligate the

purchaser, his or her successors and assigns (1) to use the

property for the purposes designated in the Conservation Plan,

(2) to commence and complete the improvement, repair,

rehabilitation or construction of the improvements within the

periods of time which the Board fixes as reasonable and (3) to

comply with such other conditions as are necessary to carry out

the purposes of the Act. The Conservation Board may negotiate

with any persons for proposals for the purchase, lease or other

transfer of any real property acquired pursuant to this Act and

shall consider all redevelopment and rehabilitation proposals

submitted to it and the financial and legal ability of the

persons making such proposals to carry them out. The

Conservation Board, as agent for the Municipality, at a public

meeting, notice of which shall have been published in a

newspaper of general circulation within the municipality at

least 15 but not more than 30 days prior to such meeting, may

accept such proposals as it deems to be in the public interest

and in furtherance of the purposes of this Act; provided that,

all sales or leases of real property shall be made at not less

than fair use value. No sale of real property acquired pursuant

to this section shall be made without the approval of a

majority of the governing body. The disposition of real

property acquired pursuant to this section shall be exempt from

the requirements of Sections 11-76-1 and 11-76-2 of the

Illinois Municipal Code, as heretofore and hereafter amended.

All deeds of conveyance of real property acquired pursuant to

this section shall be executed as provided in Section 11-76-3

of the Illinois Municipal Code, as heretofore and hereafter

amended. No property shall be held for more than 5 years, after

which period such property shall be sold to the highest bidder

at public sale. The Board may employ competent private real

estate management firms to manage such properties as may be

acquired, or the Board may manage such properties.

(Source: P.A. 80-341.)

Section 695. The Urban Renewal Consolidation Act of 1961 is

amended by changing Section 26 as follows:

(315 ILCS 30/26) (from Ch. 67 1/2, par. 91.126)

Sec. 26. The sale of any real property by a Department

where required to be made for a monetary consideration except

public sales of real property not sold within the 5-year period

as provided in Section 18, shall be subject to the approval of

the governing body of the municipality in which the real

property is located; provided, however, that no new or

additional approval of a sale by the governing body shall be

required in any case where a sale by a land clearance

commission has heretofore been approved by the State Housing

Board and the governing body pursuant to the "Blighted Areas

Redevelopment Act of 1947," approved July 2, 1947, as amended.

The disposition of real property acquired pursuant to the

provisions of this Act shall be exempt from the requirements of

Sections 11-76-1 and 11-76-2 of the "Illinois Municipal Code",

approved May 29, 1961, as heretofore and hereafter amended. All

deeds of conveyances of real property shall be executed as

provided in Section 11-76-3 of said Illinois Municipal Code.

Any deed of conveyance may provide such restrictions as are

required by the plan for development or conservation plan and

the building and zoning ordinances, but no deed of conveyance

or lease either by the municipality or any subsequent owner

shall contain a covenant running with the land or other

provisions prohibiting occupancy of the premises by any person

because of race, creed, color, religion, physical or mental

disability handicap, national origin or sex.

(Source: P.A. 80-342.)

Section 700. The Respite Program Act is amended by changing

the title of the Act and Sections 1.5, 2, 3, 5, and 11 as

follows:

(320 ILCS 10/Act title)

An Act to create the Respite Program which gives families

relief from their responsibilities of caring for frail adults

and adults with disabilities and disabled adults.

(320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)

Sec. 1.5. Purpose. It is hereby found and determined by

the General Assembly that respite care provides relief and

support to the primary care-giver of a frail adult or an adult

with a disability or disabled adult and provides a break for

the caregiver from the continuous responsibilities of

care-giving. Without this support, the primary care-giver's

ability to continue in his or her role would be jeopardized;

thereby increasing the risk of institutionalization of the

frail adult or adult with a disability or disabled adult.

By providing respite care through intermittent planned or

emergency relief to the care-giver during the regular week-day,

evening, and weekend hours, both the special physical and

psychological needs of the primary care-giver and the frail

adult or adult with a disability or disabled adult, who is the

recipient of continuous care, shall be met reducing or

preventing the need for institutionalization.

Furthermore, the primary care-giver providing continuous

care is frequently under substantial financial stress. Respite

care and other supportive services sustain and preserve the

primary care-giver and family caregiving unit. It is the intent

of the General Assembly that this Act ensure that Illinois

primary care-givers of frail adults or adults with disabilities

or disabled adults have access to affordable, appropriate

in-home respite care services.

(Source: P.A. 93-864, eff. 8-5-04.)

(320 ILCS 10/2) (from Ch. 23, par. 6202)

Sec. 2. Definitions. As used in this Act:

(1) "Respite care" means the provision of intermittent and

temporary substitute care or supervision of frail adults or

adults with disabilities or disabled adults on behalf of and in

the absence of the primary care-giver, for the purpose of

providing relief from the stress or responsibilities

concomitant with providing constant care, so as to enable the

care-giver to continue the provision of care in the home.

Respite care should be available to sustain the care-giver

throughout the period of care-giving, which can vary from

several months to a number of years. Respite care can be

provided in the home, in a day care setting during the day,

overnight, in a substitute residential setting such as a

long-term care facility required to be licensed under the

Nursing Home Care Act or the Assisted Living and Shared Housing

Act, or for more extended periods of time on a temporary basis.

(1.5) "In-home respite care" means care provided by an

appropriately trained paid worker providing short-term

intermittent care, supervision, or companionship to the frail

adult or adult with a disability or disabled adult in the home

while relieving the care-giver, by permitting a short-term

break from the care-giver's care-giving role. This support may

contribute to the delay, reduction, and prevention of

institutionalization by enabling the care-giver to continue in

his or her care-giving role. In-home respite care should be

flexible and available in a manner that is responsive to the

needs of the care-giver. This may consist of evening respite

care services that are available from 6:00 p.m. to 8:00 a.m.

Monday through Friday and weekend respite care services from

6:00 p.m. Friday to 8:00 a.m. Monday.

(2) "Care-giver" shall mean the family member or other

natural person who normally provides the daily care or

supervision of a frail adult or an adult with a disability or

disabled adult. Such care-giver may, but need not, reside in

the same household as the frail adult or adult with a

disability or disabled adult.

(3) (Blank).

(4) (Blank).

(5) (Blank).

(6) "Department" shall mean the Department on Aging.

(7) (Blank).

(8) "Frail adult or adult with a disability or disabled

adult" shall mean any person who is 60 years of age or older

and who either (i) suffers from Alzheimer's disease or a

related disorder or (ii) is unable to attend to his or her

daily needs without the assistance or regular supervision of a

care-giver due to mental or physical impairment and who is

otherwise eligible for services on the basis of his or her

level of impairment.

(9) "Emergency respite care" means the immediate placement

of a trained, in-home respite care worker in the home during an

emergency or unplanned event, or during a temporary placement

outside the home, to substitute for the care-giver. Emergency

respite care may be provided on one or more occasions unless an

extension is deemed necessary by the case coordination unit or

by another agency designated by the Department and area

agencies on aging to conduct needs assessments for respite care

services. When there is an urgent need for emergency respite

care, procedures to accommodate this need must be determined.

An emergency is:

(a) An unplanned event that results in the immediate

and unavoidable absence of the care-giver from the home in

an excess of 4 hours at a time when no other qualified

care-giver is available.

(b) An unplanned situation that prevents the

care-giver from providing the care required by a frail

adult or an adult with a disability or disabled adult

living at home.

(c) An unplanned event that threatens the health and

safety of the frail adult or adult with a disability or

disabled adult.

(d) An unplanned event that threatens the health and

safety of the care-giver thereby placing the frail adult or

adult with a disability or disabled adult in danger.

(10) (Blank).

(Source: P.A. 92-16, eff. 6-28-01; 93-864, eff. 8-5-04.)

(320 ILCS 10/3) (from Ch. 23, par. 6203)

Sec. 3. Respite Program. The Director is hereby authorized

to administer a program of assistance to persons in need and to

deter the institutionalization of frail adults or adults with

disabilities or disabled adults.

(Source: P.A. 93-864, eff. 8-5-04.)

(320 ILCS 10/5) (from Ch. 23, par. 6205)

Sec. 5. Eligibility. The Department may establish

eligibility standards for respite services taking into

consideration the unique economic and social needs of the

population for whom they are to be provided. The population

identified for the purposes of this Act includes persons

suffering from Alzheimer's disease or a related disorder and

persons who are 60 years of age or older with an identified

service need. Priority shall be given in all cases to frail

adults or adults with disabilities or disabled adults.

(Source: P.A. 93-864, eff. 8-5-04.)

(320 ILCS 10/11) (from Ch. 23, par. 6211)

Sec. 11. Respite Care Worker Training.

(a) A respite care worker shall be an appropriately trained

individual whose duty it is to provide in-home supervision and

assistance to a frail adult or an adult with a disability or

disabled adult in order to allow the care-giver a break from

his or her continuous care-giving responsibilities.

(b) The Director may prescribe minimum training guidelines

for respite care workers to ensure that the special needs of

persons receiving services under this Act and their caregivers

will be met. The Director may designate Alzheimer's disease

associations and community agencies to conduct such training.

Nothing in this Act should be construed to exempt any

individual providing a service subject to licensure or

certification under State law from these requirements.

(Source: P.A. 93-864, eff. 8-5-04.)

Section 705. The Adult Protective Services Act is amended

by changing Sections 3.5, 8, 9.5, and 15.5 as follows:

(320 ILCS 20/3.5)

Sec. 3.5. Other responsibilities. The Department shall

also be responsible for the following activities, contingent

upon adequate funding; implementation shall be expanded to

adults with disabilities upon the effective date of this

amendatory Act of the 98th General Assembly, except those

responsibilities under subsection (a), which shall be

undertaken as soon as practicable:

(a) promotion of a wide range of endeavors for the

purpose of preventing abuse, neglect, financial

exploitation, and self-neglect, including, but not limited

to, promotion of public and professional education to

increase awareness of abuse, neglect, financial

exploitation, and self-neglect; to increase reports; to

establish access to and use of the Registry established

under Section 7.5; and to improve response by various

legal, financial, social, and health systems;

(b) coordination of efforts with other agencies,

councils, and like entities, to include but not be limited

to, the Administrative Office of the Illinois Courts, the

Office of the Attorney General, the State Police, the

Illinois Law Enforcement Training Standards Board, the

State Triad, the Illinois Criminal Justice Information

Authority, the Departments of Public Health, Healthcare

and Family Services, and Human Services, the Illinois

Guardianship and Advocacy Commission, the Family Violence

Coordinating Council, the Illinois Violence Prevention

Authority, and other entities which may impact awareness

of, and response to, abuse, neglect, financial

exploitation, and self-neglect;

(c) collection and analysis of data;

(d) monitoring of the performance of regional

administrative agencies and adult protective services

agencies;

(e) promotion of prevention activities;

(f) establishing and coordinating an aggressive

training program on the unique nature of adult abuse cases

with other agencies, councils, and like entities, to

include but not be limited to the Office of the Attorney

General, the State Police, the Illinois Law Enforcement

Training Standards Board, the State Triad, the Illinois

Criminal Justice Information Authority, the State

Departments of Public Health, Healthcare and Family

Services, and Human Services, the Family Violence

Coordinating Council, the Illinois Violence Prevention

Authority, the agency designated by the Governor under

Section 1 of the Protection and Advocacy for Persons with

Developmental Disabilities Developmentally Disabled

Persons Act, and other entities that may impact awareness

of and response to abuse, neglect, financial exploitation,

and self-neglect;

(g) solicitation of financial institutions for the

purpose of making information available to the general

public warning of financial exploitation of adults and

related financial fraud or abuse, including such

information and warnings available through signage or

other written materials provided by the Department on the

premises of such financial institutions, provided that the

manner of displaying or distributing such information is

subject to the sole discretion of each financial

institution;

(g-1) developing by joint rulemaking with the

Department of Financial and Professional Regulation

minimum training standards which shall be used by financial

institutions for their current and new employees with

direct customer contact; the Department of Financial and

Professional Regulation shall retain sole visitation and

enforcement authority under this subsection (g-1); the

Department of Financial and Professional Regulation shall

provide bi-annual reports to the Department setting forth

aggregate statistics on the training programs required

under this subsection (g-1); and

(h) coordinating efforts with utility and electric

companies to send notices in utility bills to explain to

persons 60 years of age or older their rights regarding

telemarketing and home repair fraud.

(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)

(320 ILCS 20/8) (from Ch. 23, par. 6608)

Sec. 8. Access to records. All records concerning reports

of abuse, neglect, financial exploitation, or self-neglect and

all records generated as a result of such reports shall be

confidential and shall not be disclosed except as specifically

authorized by this Act or other applicable law. In accord with

established law and Department protocols, procedures, and

policies, access to such records, but not access to the

identity of the person or persons making a report of alleged

abuse, neglect, financial exploitation, or self-neglect as

contained in such records, shall be provided, upon request, to

the following persons and for the following persons:

(1) Department staff, provider agency staff, other

aging network staff, and regional administrative agency

staff, including staff of the Chicago Department on Aging

while that agency is designated as a regional

administrative agency, in the furtherance of their

responsibilities under this Act;

(2) A law enforcement agency investigating known or

suspected abuse, neglect, financial exploitation, or

self-neglect. Where a provider agency has reason to believe

that the death of an eligible adult may be the result of

abuse or neglect, including any reports made after death,

the agency shall immediately provide the appropriate law

enforcement agency with all records pertaining to the

eligible adult;

(2.5) A law enforcement agency, fire department

agency, or fire protection district having proper

jurisdiction pursuant to a written agreement between a

provider agency and the law enforcement agency, fire

department agency, or fire protection district under which

the provider agency may furnish to the law enforcement

agency, fire department agency, or fire protection

district a list of all eligible adults who may be at

imminent risk of abuse, neglect, financial exploitation,

or self-neglect;

(3) A physician who has before him or her or who is

involved in the treatment of an eligible adult whom he or

she reasonably suspects may be abused, neglected,

financially exploited, or self-neglected or who has been

referred to the Adult Protective Services Program;

(4) An eligible adult reported to be abused, neglected,

financially exploited, or self-neglected, or such adult's

authorized guardian or agent, unless such guardian or agent

is the abuser or the alleged abuser;

(4.5) An executor or administrator of the estate of an

eligible adult who is deceased;

(5) In cases regarding abuse, neglect, or financial

exploitation, a court or a guardian ad litem, upon its or

his or her finding that access to such records may be

necessary for the determination of an issue before the

court. However, such access shall be limited to an in

camera inspection of the records, unless the court

determines that disclosure of the information contained

therein is necessary for the resolution of an issue then

pending before it;

(5.5) In cases regarding self-neglect, a guardian ad

litem;

(6) A grand jury, upon its determination that access to

such records is necessary in the conduct of its official

business;

(7) Any person authorized by the Director, in writing,

for audit or bona fide research purposes;

(8) A coroner or medical examiner who has reason to

believe that an eligible adult has died as the result of

abuse, neglect, financial exploitation, or self-neglect.

The provider agency shall immediately provide the coroner

or medical examiner with all records pertaining to the

eligible adult;

(8.5) A coroner or medical examiner having proper

jurisdiction, pursuant to a written agreement between a

provider agency and the coroner or medical examiner, under

which the provider agency may furnish to the office of the

coroner or medical examiner a list of all eligible adults

who may be at imminent risk of death as a result of abuse,

neglect, financial exploitation, or self-neglect;

(9) Department of Financial and Professional

Regulation staff and members of the Illinois Medical

Disciplinary Board or the Social Work Examining and

Disciplinary Board in the course of investigating alleged

violations of the Clinical Social Work and Social Work

Practice Act by provider agency staff or other licensing

bodies at the discretion of the Director of the Department

on Aging;

(9-a) Department of Healthcare and Family Services

staff when that Department is funding services to the

eligible adult, including access to the identity of the

eligible adult;

(9-b) Department of Human Services staff when that

Department is funding services to the eligible adult or is

providing reimbursement for services provided by the

abuser or alleged abuser, including access to the identity

of the eligible adult;

(10) Hearing officers in the course of conducting an

administrative hearing under this Act; parties to such

hearing shall be entitled to discovery as established by

rule;

(11) A caregiver who challenges placement on the

Registry shall be given the statement of allegations in the

abuse report and the substantiation decision in the final

investigative report; and

(12) The Illinois Guardianship and Advocacy Commission

and the agency designated by the Governor under Section 1

of the Protection and Advocacy for Persons with

Developmental Disabilities Developmentally Disabled

Persons Act shall have access, through the Department, to

records, including the findings, pertaining to a completed

or closed investigation of a report of suspected abuse,

neglect, financial exploitation, or self-neglect of an

eligible adult.

(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039,

eff. 8-25-14.)

(320 ILCS 20/9.5)

Sec. 9.5. Commencement of action for ex parte authorization

orders; filing fees; process.

(a) Actions for ex parte authorization orders are

commenced:

(1) independently, by filing a petition for an ex parte

authorization order in the circuit court;

(2) in conjunction with other civil proceedings, by

filing a petition for an ex parte authorization order under

the same case number as a guardianship proceeding under the

Probate Act of 1975 where the eligible adult is the alleged

adult with a disability disabled adult.

(b) No fee shall be charged by the clerk for filing

petitions or certifying orders. No fee shall be charged by a

sheriff for service by the sheriff of a petition, rule, motion,

or order in an action commenced under this Section.

(c) Any action for an ex parte authorization order

commenced independently is a distinct cause of action and

requires that a separate summons be issued and served. Service

of summons is not required prior to entry of emergency ex parte

authorization orders.

(d) Summons may be served by a private person over 18 years

of age and not a party to the action. The return by that

private person shall be by affidavit. The summons may be served

by a sheriff or other law enforcement officer, and if summons

is placed for service by the sheriff, it shall be made at the

earliest time practicable and shall take precedence over other

summonses except those of a similar emergency nature.

(Source: P.A. 91-731, eff. 6-2-00.)

(320 ILCS 20/15.5)

Sec. 15.5. Independent monitor. Subject to appropriation,

to ensure the effectiveness and accountability of the adult

protective services system, the agency designated by the

Governor under Section 1 of the Protection and Advocacy for

Persons with Developmental Disabilities Developmentally

Disabled Persons Act shall monitor the system and provide to

the Department review and evaluation of the system in

accordance with administrative rules promulgated by the

Department.

(Source: P.A. 98-49, eff. 7-1-13.)

Section 710. The Senior Citizens and Disabled Persons

Property Tax Relief Act is amended by changing the title of the

Act and Sections 1, 2, 3.14, 4, and 9 as follows:

(320 ILCS 25/Act title)

An Act in relation to the payment of grants to enable the

elderly and persons with disabilities the disabled to acquire

or retain private housing.

(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)

Sec. 1. Short title; common name. This Article shall be

known and may be cited as the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act. Common

references to the "Circuit Breaker Act" mean this Article. As

used in this Article, "this Act" means this Article.

(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)

Sec. 2. Purpose. The purpose of this Act is to provide

incentives to the senior citizens and persons with disabilities

in disabled persons of this State to acquire and retain private

housing of their choice and at the same time to relieve those

citizens from the burdens of extraordinary property taxes

against their increasingly restricted earning power, and

thereby to reduce the requirements for public housing in this

State.

(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)

Sec. 3.14. "Person with a disability Disabled person" means

a person unable to engage in any substantial gainful activity

by reason of a medically determinable physical or mental

impairment which can be expected to result in death or has

lasted or can be expected to last for a continuous period of

not less than 12 months. Persons with disabilities Disabled

persons filing claims under this Act shall submit proof of the

disability in such form and manner as the Department shall by

rule and regulation prescribe. Proof that a claimant is

eligible to receive disability benefits under the Federal

Social Security Act shall constitute proof of the disability

for purposes of this Act. Issuance of an Illinois Person with a

Disability Identification Card stating that the claimant is

under a Class 2 disability, as defined in Section 4A of the

Illinois Identification Card Act, shall constitute proof that

the person named thereon is a person with a disability disabled

person for purposes of this Act. A person with a disability

disabled person not covered under the Federal Social Security

Act and not presenting a Disabled Person Identification Card

stating that the claimant is under a Class 2 disability shall

be examined by a physician designated by the Department, and

his status as a person with a disability disabled person

determined using the same standards as used by the Social

Security Administration. The costs of any required examination

shall be borne by the claimant.

(Source: P.A. 97-1064, eff. 1-1-13.)

(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)

Sec. 4. Amount of Grant.

(a) In general. Any individual 65 years or older or any

individual who will become 65 years old during the calendar

year in which a claim is filed, and any surviving spouse of

such a claimant, who at the time of death received or was

entitled to receive a grant pursuant to this Section, which

surviving spouse will become 65 years of age within the 24

months immediately following the death of such claimant and

which surviving spouse but for his or her age is otherwise

qualified to receive a grant pursuant to this Section, and any

person with a disability disabled person whose annual household

income is less than the income eligibility limitation, as

defined in subsection (a-5) and whose household is liable for

payment of property taxes accrued or has paid rent constituting

property taxes accrued and is domiciled in this State at the

time he or she files his or her claim is entitled to claim a

grant under this Act. With respect to claims filed by

individuals who will become 65 years old during the calendar

year in which a claim is filed, the amount of any grant to

which that household is entitled shall be an amount equal to

1/12 of the amount to which the claimant would otherwise be

entitled as provided in this Section, multiplied by the number

of months in which the claimant was 65 in the calendar year in

which the claim is filed.

(a-5) Income eligibility limitation. For purposes of this

Section, "income eligibility limitation" means an amount for

grant years 2008 and thereafter:

(1) less than $22,218 for a household containing one

person;

(2) less than $29,480 for a household containing 2

persons; or

(3) less than $36,740 for a household containing 3 or

more persons.

For 2009 claim year applications submitted during calendar

year 2010, a household must have annual household income of

less than $27,610 for a household containing one person; less

than $36,635 for a household containing 2 persons; or less than

$45,657 for a household containing 3 or more persons.

The Department on Aging may adopt rules such that on

January 1, 2011, and thereafter, the foregoing household income

eligibility limits may be changed to reflect the annual cost of

living adjustment in Social Security and Supplemental Security

Income benefits that are applicable to the year for which those

benefits are being reported as income on an application.

If a person files as a surviving spouse, then only his or

her income shall be counted in determining his or her household

income.

(b) Limitation. Except as otherwise provided in

subsections (a) and (f) of this Section, the maximum amount of

grant which a claimant is entitled to claim is the amount by

which the property taxes accrued which were paid or payable

during the last preceding tax year or rent constituting

property taxes accrued upon the claimant's residence for the

last preceding taxable year exceeds 3 1/2% of the claimant's

household income for that year but in no event is the grant to

exceed (i) $700 less 4.5% of household income for that year for

those with a household income of $14,000 or less or (ii) $70 if

household income for that year is more than $14,000.

(c) Public aid recipients. If household income in one or

more months during a year includes cash assistance in excess of

$55 per month from the Department of Healthcare and Family

Services or the Department of Human Services (acting as

successor to the Department of Public Aid under the Department

of Human Services Act) which was determined under regulations

of that Department on a measure of need that included an

allowance for actual rent or property taxes paid by the

recipient of that assistance, the amount of grant to which that

household is entitled, except as otherwise provided in

subsection (a), shall be the product of (1) the maximum amount

computed as specified in subsection (b) of this Section and (2)

the ratio of the number of months in which household income did

not include such cash assistance over $55 to the number twelve.

If household income did not include such cash assistance over

$55 for any months during the year, the amount of the grant to

which the household is entitled shall be the maximum amount

computed as specified in subsection (b) of this Section. For

purposes of this paragraph (c), "cash assistance" does not

include any amount received under the federal Supplemental

Security Income (SSI) program.

(d) Joint ownership. If title to the residence is held

jointly by the claimant with a person who is not a member of

his or her household, the amount of property taxes accrued used

in computing the amount of grant to which he or she is entitled

shall be the same percentage of property taxes accrued as is

the percentage of ownership held by the claimant in the

residence.

(e) More than one residence. If a claimant has occupied

more than one residence in the taxable year, he or she may

claim only one residence for any part of a month. In the case

of property taxes accrued, he or she shall prorate 1/12 of the

total property taxes accrued on his or her residence to each

month that he or she owned and occupied that residence; and, in

the case of rent constituting property taxes accrued, shall

prorate each month's rent payments to the residence actually

occupied during that month.

(f) (Blank).

(g) Effective January 1, 2006, there is hereby established

a program of pharmaceutical assistance to the aged and to

persons with disabilities disabled, entitled the Illinois

Seniors and Disabled Drug Coverage Program, which shall be

administered by the Department of Healthcare and Family

Services and the Department on Aging in accordance with this

subsection, to consist of coverage of specified prescription

drugs on behalf of beneficiaries of the program as set forth in

this subsection. Notwithstanding any provisions of this Act to

the contrary, on and after July 1, 2012, pharmaceutical

assistance under this Act shall no longer be provided, and on

July 1, 2012 the Illinois Senior Citizens and Disabled Persons

Pharmaceutical Assistance Program shall terminate. The

following provisions that concern the Illinois Senior Citizens

and Disabled Persons Pharmaceutical Assistance Program shall

continue to apply on and after July 1, 2012 to the extent

necessary to pursue any actions authorized by subsection (d) of

Section 9 of this Act with respect to acts which took place

prior to July 1, 2012.

To become a beneficiary under the program established under

this subsection, a person must:

(1) be (i) 65 years of age or older or (ii) a person

with a disability disabled; and

(2) be domiciled in this State; and

(3) enroll with a qualified Medicare Part D

Prescription Drug Plan if eligible and apply for all

available subsidies under Medicare Part D; and

(4) for the 2006 and 2007 claim years, have a maximum

household income of (i) less than $21,218 for a household

containing one person, (ii) less than $28,480 for a

household containing 2 persons, or (iii) less than $35,740

for a household containing 3 or more persons; and

(5) for the 2008 claim year, have a maximum household

income of (i) less than $22,218 for a household containing

one person, (ii) $29,480 for a household containing 2

persons, or (iii) $36,740 for a household containing 3 or

more persons; and

(6) for 2009 claim year applications submitted during

calendar year 2010, have annual household income of less

than (i) $27,610 for a household containing one person;

(ii) less than $36,635 for a household containing 2

persons; or (iii) less than $45,657 for a household

containing 3 or more persons; and

(7) as of September 1, 2011, have a maximum household

income at or below 200% of the federal poverty level.

All individuals enrolled as of December 31, 2005, in the

pharmaceutical assistance program operated pursuant to

subsection (f) of this Section and all individuals enrolled as

of December 31, 2005, in the SeniorCare Medicaid waiver program

operated pursuant to Section 5-5.12a of the Illinois Public Aid

Code shall be automatically enrolled in the program established

by this subsection for the first year of operation without the

need for further application, except that they must apply for

Medicare Part D and the Low Income Subsidy under Medicare Part

D. A person enrolled in the pharmaceutical assistance program

operated pursuant to subsection (f) of this Section as of

December 31, 2005, shall not lose eligibility in future years

due only to the fact that they have not reached the age of 65.

To the extent permitted by federal law, the Department may

act as an authorized representative of a beneficiary in order

to enroll the beneficiary in a Medicare Part D Prescription

Drug Plan if the beneficiary has failed to choose a plan and,

where possible, to enroll beneficiaries in the low-income

subsidy program under Medicare Part D or assist them in

enrolling in that program.

Beneficiaries under the program established under this

subsection shall be divided into the following 4 eligibility

groups:

(A) Eligibility Group 1 shall consist of beneficiaries

who are not eligible for Medicare Part D coverage and who

are:

(i) a person with a disability disabled and under

age 65; or

(ii) age 65 or older, with incomes over 200% of the

Federal Poverty Level; or

(iii) age 65 or older, with incomes at or below

200% of the Federal Poverty Level and not eligible for

federally funded means-tested benefits due to

immigration status.

(B) Eligibility Group 2 shall consist of beneficiaries

who are eligible for Medicare Part D coverage.

(C) Eligibility Group 3 shall consist of beneficiaries

age 65 or older, with incomes at or below 200% of the

Federal Poverty Level, who are not barred from receiving

federally funded means-tested benefits due to immigration

status and are not eligible for Medicare Part D coverage.

If the State applies and receives federal approval for

a waiver under Title XIX of the Social Security Act,

persons in Eligibility Group 3 shall continue to receive

benefits through the approved waiver, and Eligibility

Group 3 may be expanded to include persons with

disabilities who are disabled persons under age 65 with

incomes under 200% of the Federal Poverty Level who are not

eligible for Medicare and who are not barred from receiving

federally funded means-tested benefits due to immigration

status.

(D) Eligibility Group 4 shall consist of beneficiaries

who are otherwise described in Eligibility Group 2 who have

a diagnosis of HIV or AIDS.

The program established under this subsection shall cover

the cost of covered prescription drugs in excess of the

beneficiary cost-sharing amounts set forth in this paragraph

that are not covered by Medicare. The Department of Healthcare

and Family Services may establish by emergency rule changes in

cost-sharing necessary to conform the cost of the program to

the amounts appropriated for State fiscal year 2012 and future

fiscal years except that the 24-month limitation on the

adoption of emergency rules and the provisions of Sections

5-115 and 5-125 of the Illinois Administrative Procedure Act

shall not apply to rules adopted under this subsection (g). The

adoption of emergency rules authorized by this subsection (g)

shall be deemed to be necessary for the public interest,

safety, and welfare.

For purposes of the program established under this

subsection, the term "covered prescription drug" has the

following meanings:

For Eligibility Group 1, "covered prescription drug"

means: (1) any cardiovascular agent or drug; (2) any

insulin or other prescription drug used in the treatment of

diabetes, including syringe and needles used to administer

the insulin; (3) any prescription drug used in the

treatment of arthritis; (4) any prescription drug used in

the treatment of cancer; (5) any prescription drug used in

the treatment of Alzheimer's disease; (6) any prescription

drug used in the treatment of Parkinson's disease; (7) any

prescription drug used in the treatment of glaucoma; (8)

any prescription drug used in the treatment of lung disease

and smoking-related illnesses; (9) any prescription drug

used in the treatment of osteoporosis; and (10) any

prescription drug used in the treatment of multiple

sclerosis. The Department may add additional therapeutic

classes by rule. The Department may adopt a preferred drug

list within any of the classes of drugs described in items

(1) through (10) of this paragraph. The specific drugs or

therapeutic classes of covered prescription drugs shall be

indicated by rule.

For Eligibility Group 2, "covered prescription drug"

means those drugs covered by the Medicare Part D

Prescription Drug Plan in which the beneficiary is

enrolled.

For Eligibility Group 3, "covered prescription drug"

means those drugs covered by the Medical Assistance Program

under Article V of the Illinois Public Aid Code.

For Eligibility Group 4, "covered prescription drug"

means those drugs covered by the Medicare Part D

Prescription Drug Plan in which the beneficiary is

enrolled.

Any person otherwise eligible for pharmaceutical

assistance under this subsection whose covered drugs are

covered by any public program is ineligible for assistance

under this subsection to the extent that the cost of those

drugs is covered by the other program.

The Department of Healthcare and Family Services shall

establish by rule the methods by which it will provide for the

coverage called for in this subsection. Those methods may

include direct reimbursement to pharmacies or the payment of a

capitated amount to Medicare Part D Prescription Drug Plans.

For a pharmacy to be reimbursed under the program

established under this subsection, it must comply with rules

adopted by the Department of Healthcare and Family Services

regarding coordination of benefits with Medicare Part D

Prescription Drug Plans. A pharmacy may not charge a

Medicare-enrolled beneficiary of the program established under

this subsection more for a covered prescription drug than the

appropriate Medicare cost-sharing less any payment from or on

behalf of the Department of Healthcare and Family Services.

The Department of Healthcare and Family Services or the

Department on Aging, as appropriate, may adopt rules regarding

applications, counting of income, proof of Medicare status,

mandatory generic policies, and pharmacy reimbursement rates

and any other rules necessary for the cost-efficient operation

of the program established under this subsection.

(h) A qualified individual is not entitled to duplicate

benefits in a coverage period as a result of the changes made

by this amendatory Act of the 96th General Assembly.

(Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333,

eff. 8-12-11; 97-689, eff. 6-14-12.)

(320 ILCS 25/9) (from Ch. 67 1/2, par. 409)

Sec. 9. Fraud; error.

(a) Any person who files a fraudulent claim for a grant

under this Act, or who for compensation prepares a claim for a

grant and knowingly enters false information on an application

for any claimant under this Act, or who fraudulently files

multiple applications, or who fraudulently states that a person

without a disability is a person with a disability a

nondisabled person is disabled, or who, prior to July 1, 2012,

fraudulently procures pharmaceutical assistance benefits, or

who fraudulently uses such assistance to procure covered

prescription drugs, or who, on behalf of an authorized

pharmacy, files a fraudulent request for payment, is guilty of

a Class 4 felony for the first offense and is guilty of a Class

3 felony for each subsequent offense.

(b) (Blank).

(c) The Department on Aging may recover from a claimant any

amount paid to that claimant under this Act on account of an

erroneous or fraudulent claim, together with 6% interest per

year. Amounts recoverable from a claimant by the Department on

Aging under this Act may, but need not, be recovered by

offsetting the amount owed against any future grant payable to

the person under this Act.

The Department of Healthcare and Family Services may

recover for acts prior to July 1, 2012 from an authorized

pharmacy any amount paid to that pharmacy under the

pharmaceutical assistance program on account of an erroneous or

fraudulent request for payment under that program, together

with 6% interest per year. The Department of Healthcare and

Family Services may recover from a person who erroneously or

fraudulently obtains benefits under the pharmaceutical

assistance program the value of the benefits so obtained,

together with 6% interest per year.

(d) A prosecution for a violation of this Section may be

commenced at any time within 3 years of the commission of that

violation.

(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

Section 715. The Senior Citizens Real Estate Tax Deferral

Act is amended by changing Sections 2 and 8 as follows:

(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)

Sec. 2. Definitions. As used in this Act:

(a) "Taxpayer" means an individual whose household income

for the year is no greater than: (i) $40,000 through tax year

2005; (ii) $50,000 for tax years 2006 through 2011; and (iii)

$55,000 for tax year 2012 and thereafter.

(b) "Tax deferred property" means the property upon which

real estate taxes are deferred under this Act.

(c) "Homestead" means the land and buildings thereon,

including a condominium or a dwelling unit in a multidwelling

building that is owned and operated as a cooperative, occupied

by the taxpayer as his residence or which are temporarily

unoccupied by the taxpayer because such taxpayer is temporarily

residing, for not more than 1 year, in a licensed facility as

defined in Section 1-113 of the Nursing Home Care Act.

(d) "Real estate taxes" or "taxes" means the taxes on real

property for which the taxpayer would be liable under the

Property Tax Code, including special service area taxes, and

special assessments on benefited real property for which the

taxpayer would be liable to a unit of local government.

(e) "Department" means the Department of Revenue.

(f) "Qualifying property" means a homestead which (a) the

taxpayer or the taxpayer and his spouse own in fee simple or

are purchasing in fee simple under a recorded instrument of

sale, (b) is not income-producing property, (c) is not subject

to a lien for unpaid real estate taxes when a claim under this

Act is filed, and (d) is not held in trust, other than an

Illinois land trust with the taxpayer identified as the sole

beneficiary, if the taxpayer is filing for the program for the

first time effective as of the January 1, 2011 assessment year

or tax year 2012 and thereafter.

(g) "Equity interest" means the current assessed valuation

of the qualified property times the fraction necessary to

convert that figure to full market value minus any outstanding

debts or liens on that property. In the case of qualifying

property not having a separate assessed valuation, the

appraised value as determined by a qualified real estate

appraiser shall be used instead of the current assessed

valuation.

(h) "Household income" has the meaning ascribed to that

term in the Senior Citizens and Persons with Disabilities

Disabled Persons Property Tax Relief Act.

(i) "Collector" means the county collector or, if the taxes

to be deferred are special assessments, an official designated

by a unit of local government to collect special assessments.

(Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)

(320 ILCS 30/8) (from Ch. 67 1/2, par. 458)

Sec. 8. Nothing in this Act (a) affects any provision of

any mortgage or other instrument relating to land requiring a

person to pay real estate taxes or (b) affects the eligibility

of any person to receive any grant pursuant to the "Senior

Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act".

(Source: P.A. 97-689, eff. 6-14-12.)

Section 720. The Senior Pharmaceutical Assistance Act is

amended by changing Section 5 as follows:

(320 ILCS 50/5)

Sec. 5. Findings. The General Assembly finds:

(1) Senior citizens identify pharmaceutical assistance as

the single most critical factor to their health, well-being,

and continued independence.

(2) The State of Illinois currently operates 2

pharmaceutical assistance programs that benefit seniors: (i)

the program of pharmaceutical assistance under the Senior

Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act and (ii) the Aid to the Aged, Blind, or

Disabled program under the Illinois Public Aid Code. The State

has been given authority to establish a third program, SeniorRx

Care, through a federal Medicaid waiver.

(3) Each year, numerous pieces of legislation are filed

seeking to establish additional pharmaceutical assistance

benefits for seniors or to make changes to the existing

programs.

(4) Establishment of a pharmaceutical assistance review

committee will ensure proper coordination of benefits,

diminish the likelihood of duplicative benefits, and ensure

that the best interests of seniors are served.

(5) In addition to the State pharmaceutical assistance

programs, several private entities, such as drug manufacturers

and pharmacies, also offer prescription drug discount or

coverage programs.

(6) Many seniors are unaware of the myriad of public and

private programs available to them.

(7) Establishing a pharmaceutical clearinghouse with a

toll-free hot-line and local outreach workers will educate

seniors about the vast array of options available to them and

enable seniors to make an educated and informed choice that is

best for them.

(8) Estimates indicate that almost one-third of senior

citizens lack prescription drug coverage. The federal

government, states, and the pharmaceutical industry each have a

role in helping these uninsured seniors gain access to

life-saving medications.

(9) The State of Illinois has recognized its obligation to

assist Illinois' neediest seniors in purchasing prescription

medications, and it is now time for pharmaceutical

manufacturers to recognize their obligation to make their

medications affordable to seniors.

(Source: P.A. 97-689, eff. 6-14-12.)

Section 725. The Illinois Prescription Drug Discount

Program Act is amended by changing Section 30 as follows:

(320 ILCS 55/30)

Sec. 30. Manufacturer rebate agreements.

(a) Taking into consideration the extent to which the State

pays for prescription drugs under various State programs and

the provision of assistance to persons with disabilities

disabled persons or eligible seniors under patient assistance

programs, prescription drug discount programs, or other offers

for free or reduced price medicine, clinical research projects,

limited supply distribution programs, compassionate use

programs, or programs of research conducted by or for a drug

manufacturer, the Department, its agent, or the program

administrator shall negotiate and enter into rebate agreements

with drug manufacturers, as defined in this Act, to effect

prescription drug price discounts. The Department or program

administrator may exclude certain medications from the list of

covered medications and may establish a preferred drug list as

a basis for determining the discounts, administrative fees, or

other fees or rebates under this Section.

(b) (Blank).

(c) Receipts from rebates shall be used to provide

discounts for prescription drugs purchased by cardholders and

to cover the cost of administering the program. Any receipts to

be allocated to the Department shall be deposited into the

Illinois Prescription Drug Discount Program Fund, a trust fund

created outside the State Treasury with the State Treasurer

acting as ex officio custodian. Disbursements from the Illinois

Prescription Drug Discount Program Fund shall be made upon the

direction of the Director of Central Management Services.

(Source: P.A. 94-86, eff. 1-1-06; 94-91, eff. 7-1-05; 95-331,

eff. 8-21-07.)

Section 730. The Abused and Neglected Child Reporting Act

is amended by changing Sections 4.4a, 7.1, 11.1, 11.5, and 11.7

as follows:

(325 ILCS 5/4.4a)

Sec. 4.4a. Department of Children and Family Services duty

to report to Department of Human Services' Office of Inspector

General. Whenever the Department receives, by means of its

statewide toll-free telephone number established under Section

7.6 for the purpose of reporting suspected child abuse or

neglect or by any other means or from any mandated reporter

under Section 4 of this Act, a report of suspected abuse,

neglect, or financial exploitation of an adult with a

disability a disabled adult between the ages of 18 and 59 and

who is not residing in a DCFS licensed facility, the Department

shall instruct the reporter to contact the Department of Human

Services' Office of the Inspector General and shall provide the

reporter with the statewide, 24-hour toll-free telephone

number established and maintained by the Department of Human

Services' Office of the Inspector General.

(Source: P.A. 96-1446, eff. 8-20-10.)

(325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)

Sec. 7.1. (a) To the fullest extent feasible, the

Department shall cooperate with and shall seek the cooperation

and involvement of all appropriate public and private agencies,

including health, education, social service and law

enforcement agencies, religious institutions, courts of

competent jurisdiction, and agencies, organizations, or

programs providing or concerned with human services related to

the prevention, identification or treatment of child abuse or

neglect.

Such cooperation and involvement shall include joint

consultation and services, joint planning, joint case

management, joint public education and information services,

joint utilization of facilities, joint staff development and

other training, and the creation of multidisciplinary case

diagnostic, case handling, case management, and policy

planning teams. Such cooperation and involvement shall also

include consultation and planning with the Illinois Department

of Human Services regarding referrals to designated perinatal

centers of newborn children requiring protective custody under

this Act, whose life or development may be threatened by a

developmental disability or disabling handicapping condition.

For implementing such intergovernmental cooperation and

involvement, units of local government and public and private

agencies may apply for and receive federal or State funds from

the Department under this Act or seek and receive gifts from

local philanthropic or other private local sources in order to

augment any State funds appropriated for the purposes of this

Act.

(b) The Department may establish up to 5 demonstrations of

multidisciplinary teams to advise, review and monitor cases of

child abuse and neglect brought by the Department or any member

of the team. The Director shall determine the criteria by which

certain cases of child abuse or neglect are brought to the

multidisciplinary teams. The criteria shall include but not be

limited to geographic area and classification of certain cases

where allegations are of a severe nature. Each

multidisciplinary team shall consist of 7 to 10 members

appointed by the Director, including, but not limited to

representatives from the medical, mental health, educational,

juvenile justice, law enforcement and social service fields.

(Source: P.A. 92-801, eff. 8-16-02.)

(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)

Sec. 11.1. Access to records.

(a) A person shall have access to the records described in

Section 11 only in furtherance of purposes directly connected

with the administration of this Act or the Intergovernmental

Missing Child Recovery Act of 1984. Those persons and purposes

for access include:

(1) Department staff in the furtherance of their

responsibilities under this Act, or for the purpose of

completing background investigations on persons or

agencies licensed by the Department or with whom the

Department contracts for the provision of child welfare

services.

(2) A law enforcement agency investigating known or

suspected child abuse or neglect, known or suspected

involvement with child pornography, known or suspected

criminal sexual assault, known or suspected criminal

sexual abuse, or any other sexual offense when a child is

alleged to be involved.

(3) The Department of State Police when administering

the provisions of the Intergovernmental Missing Child

Recovery Act of 1984.

(4) A physician who has before him a child whom he

reasonably suspects may be abused or neglected.

(5) A person authorized under Section 5 of this Act to

place a child in temporary protective custody when such

person requires the information in the report or record to

determine whether to place the child in temporary

protective custody.

(6) A person having the legal responsibility or

authorization to care for, treat, or supervise a child, or

a parent, prospective adoptive parent, foster parent,

guardian, or other person responsible for the child's

welfare, who is the subject of a report.

(7) Except in regard to harmful or detrimental

information as provided in Section 7.19, any subject of the

report, and if the subject of the report is a minor, his

guardian or guardian ad litem.

(8) A court, upon its finding that access to such

records may be necessary for the determination of an issue

before such court; however, such access shall be limited to

in camera inspection, unless the court determines that

public disclosure of the information contained therein is

necessary for the resolution of an issue then pending

before it.

(8.1) A probation officer or other authorized

representative of a probation or court services department

conducting an investigation ordered by a court under the

Juvenile Court Act of l987.

(9) A grand jury, upon its determination that access to

such records is necessary in the conduct of its official

business.

(10) Any person authorized by the Director, in writing,

for audit or bona fide research purposes.

(11) Law enforcement agencies, coroners or medical

examiners, physicians, courts, school superintendents and

child welfare agencies in other states who are responsible

for child abuse or neglect investigations or background

investigations.

(12) The Department of Professional Regulation, the

State Board of Education and school superintendents in

Illinois, who may use or disclose information from the

records as they deem necessary to conduct investigations or

take disciplinary action, as provided by law.

(13) A coroner or medical examiner who has reason to

believe that a child has died as the result of abuse or

neglect.

(14) The Director of a State-operated facility when an

employee of that facility is the perpetrator in an

indicated report.

(15) The operator of a licensed child care facility or

a facility licensed by the Department of Human Services (as

successor to the Department of Alcoholism and Substance

Abuse) in which children reside when a current or

prospective employee of that facility is the perpetrator in

an indicated child abuse or neglect report, pursuant to

Section 4.3 of the Child Care Act of 1969.

(16) Members of a multidisciplinary team in the

furtherance of its responsibilities under subsection (b)

of Section 7.1. All reports concerning child abuse and

neglect made available to members of such

multidisciplinary teams and all records generated as a

result of such reports shall be confidential and shall not

be disclosed, except as specifically authorized by this Act

or other applicable law. It is a Class A misdemeanor to

permit, assist or encourage the unauthorized release of any

information contained in such reports or records. Nothing

contained in this Section prevents the sharing of reports

or records relating or pertaining to the death of a minor

under the care of or receiving services from the Department

of Children and Family Services and under the jurisdiction

of the juvenile court with the juvenile court, the State's

Attorney, and the minor's attorney.

(17) The Department of Human Services, as provided in

Section 17 of the Rehabilitation of Persons with

Disabilities Disabled Persons Rehabilitation Act.

(18) Any other agency or investigative body, including

the Department of Public Health and a local board of

health, authorized by State law to conduct an investigation

into the quality of care provided to children in hospitals

and other State regulated care facilities. The access to

and release of information from such records shall be

subject to the approval of the Director of the Department

or his designee.

(19) The person appointed, under Section 2-17 of the

Juvenile Court Act of 1987, as the guardian ad litem of a

minor who is the subject of a report or records under this

Act.

(20) The Department of Human Services, as provided in

Section 10 of the Early Intervention Services System Act,

and the operator of a facility providing early intervention

services pursuant to that Act, for the purpose of

determining whether a current or prospective employee who

provides or may provide direct services under that Act is

the perpetrator in an indicated report of child abuse or

neglect filed under this Act.

(b) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to

juveniles subject to the provisions of the Serious Habitual

Offender Comprehensive Action Program when that information is

used to assist in the early identification and treatment of

habitual juvenile offenders.

(c) To the extent that persons or agencies are given access

to information pursuant to this Section, those persons or

agencies may give this information to and receive this

information from each other in order to facilitate an

investigation conducted by those persons or agencies.

(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.)

(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)

Sec. 11.5. Within the appropriation available, the

Department shall conduct a continuing education and training

program for State and local staff, persons and officials

required to report, the general public, and other persons

engaged in or intending to engage in the prevention,

identification, and treatment of child abuse and neglect. The

program shall be designed to encourage the fullest degree of

reporting of known and suspected child abuse and neglect, and

to improve communication, cooperation, and coordination among

all agencies in the identification, prevention, and treatment

of child abuse and neglect. The program shall inform the

general public and professionals of the nature and extent of

child abuse and neglect and their responsibilities,

obligations, powers and immunity from liability under this Act.

It may include information on the diagnosis of child abuse and

neglect and the roles and procedures of the Child Protective

Service Unit, the Department and central register, the courts

and of the protective, treatment, and ameliorative services

available to children and their families. Such information may

also include special needs of mothers at risk of delivering a

child whose life or development may be threatened by a

disabling handicapping condition, to ensure informed consent

to treatment of the condition and understanding of the unique

child care responsibilities required for such a child. The

program may also encourage parents and other persons having

responsibility for the welfare of children to seek assistance

on their own in meeting their child care responsibilities and

encourage the voluntary acceptance of available services when

they are needed. It may also include publicity and

dissemination of information on the existence and number of the

24 hour, State-wide, toll-free telephone service to assist

persons seeking assistance and to receive reports of known and

suspected abuse and neglect.

Within the appropriation available, the Department also

shall conduct a continuing education and training program for

State and local staff involved in investigating reports of

child abuse or neglect made under this Act. The program shall

be designed to train such staff in the necessary and

appropriate procedures to be followed in investigating cases

which it appears may result in civil or criminal charges being

filed against a person. Program subjects shall include but not

be limited to the gathering of evidence with a view toward

presenting such evidence in court and the involvement of State

or local law enforcement agencies in the investigation. The

program shall be conducted in cooperation with State or local

law enforcement agencies, State's Attorneys and other

components of the criminal justice system as the Department

deems appropriate.

(Source: P.A. 85-984.)

(325 ILCS 5/11.7) (from Ch. 23, par. 2061.7)

Sec. 11.7. (a) The Director shall appoint the chairperson

and members of a "State-wide Citizen's Committee on Child Abuse

and Neglect" to consult with and advise the Director. The

Committee shall be composed of individuals of distinction in

human services, neonatal medical care, needs and rights of

persons with disabilities the disabled, law and community life,

broadly representative of social and economic communities

across the State, who shall be appointed to 3 year staggered

terms. The chairperson and members of the Committee shall serve

without compensation, although their travel and per diem

expenses shall be reimbursed in accordance with standard State

procedures. Under procedures adopted by the Committee, it may

meet at any time, confer with any individuals, groups, and

agencies; and may issue reports or recommendations on any

aspect of child abuse or neglect it deems appropriate.

(b) The Committee shall advise the Director on setting

priorities for the administration of child abuse prevention,

shelters and service programs, as specified in Section 4a of

"An Act creating the Department of Children and Family

Services, codifying its powers and duties, and repealing

certain Acts and Sections herein named", approved June 4, 1963,

as amended.

(c) The Committee shall advise the Director on policies and

procedures with respect to the medical neglect of newborns and

infants.

(Source: P.A. 84-611.)

Section 735. The High Risk Youth Career Development Act is

amended by changing Section 1 as follows:

(325 ILCS 25/1) (from Ch. 23, par. 6551)

Sec. 1. The Department of Human Services (acting as

successor to the Illinois Department of Public Aid under the

Department of Human Services Act), in cooperation with the

Department of Commerce and Economic Opportunity, the Illinois

State Board of Education, the Department of Children and Family

Services, the Department of Employment Services and other

appropriate State and local agencies, may establish and

administer, on an experimental basis and subject to

appropriation, community-based programs providing

comprehensive, long-term intervention strategies to increase

future employability and career development among high risk

youth. The Department of Human Services, and the other

cooperating agencies, shall establish provisions for community

involvement in the design, development, implementation and

administration of these programs. The programs may provide the

following services: teaching of basic literacy and remedial

reading and writing; vocational training programs which are

realistic in terms of producing lifelong skills necessary for

career development; and supportive services including

transportation and child care during the training period and

for up to one year after placement in a job. The programs shall

be targeted to high risk youth residing in the geographic areas

served by the respective programs. "High risk" means that a

person is at least 16 years of age but not yet 21 years of age

and possesses one or more of the following characteristics:

(1) Has low income;

(2) Is a member of a minority;

(3) Is illiterate;

(4) Is a school drop out;

(5) Is homeless;

(6) Is a person with a disability disabled;

(7) Is a parent; or

(8) Is a ward of the State.

The Department of Human Services and other cooperating

State agencies shall promulgate rules and regulations,

pursuant to the Illinois Administrative Procedure Act, for the

implementation of this Act, including procedures and standards

for determining whether a person possesses any of the

characteristics specified in this Section.

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

Section 740. The War on Terrorism Compensation Act is

amended by changing Section 20 as follows:

(330 ILCS 32/20)

Sec. 20. Legal disability. If a person to whom compensation

is payable under this Act is under a legal disability, the

compensation shall be paid to the person legally vested with

the care of the person under a legal disability legally

disabled person under the laws of his or her state of

residence. If no such person has been so designated for the

person under a legal disability legally disabled person,

payment shall be made to the chief officer of any hospital or

institution under the supervision or control of any state or of

the United States Department of Veterans Affairs in which the

person under a legal disability legally disabled person is

placed, if that officer is authorized to accept moneys for the

benefit of the person under a legal disability legally disabled

person. Any payments so made shall be held or used solely for

the benefit of the person under a legal disability legally

disabled person.

As used in this Section, a person under a legal disability

means a person found to be so by a court of competent

jurisdiction of any state or the District of Columbia or by any

adjudication officer of the United States Department of

Veterans Affairs.

(Source: P.A. 96-76, eff. 7-24-09.)

Section 745. The Prisoner of War Bonus Act is amended by

changing Section 4 as follows:

(330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64)

Sec. 4. The Department of Veterans' Affairs has complete

charge and control of the general scheme of payments authorized

by this Act and shall adopt general rules for the making of

such payments, the ascertainment and selection of proper

beneficiaries and the amount to which such beneficiaries are

entitled, and for procedure.

If the person to whom compensation is payable under this

Act is a person under a legal disability, it shall be paid to

the person legally vested with the care of such person under a

legal disability legally disabled person under the laws of this

State of residence. If no such person has been so designated

for the person under a legal disability legally disabled

person, payment shall be made to the chief officer of any

hospital or institution under the supervision or control of any

State or of the Veterans Administration of the United States in

which such person under a legal disability legally disabled

person is placed, if such officer is authorized to accept

moneys for the benefit of the person under a legal disability

legally disabled person. Any payments so made shall be held or

used solely for the benefit of the person under a legal

disability legally disabled person.

As used in this Section, a person under a legal disability

means any person found to be so disabled by a court of

competent jurisdiction of any State or the District of Columbia

or by any adjudication officer of the Veterans Administration

of the United States.

(Source: P.A. 85-169.)

Section 750. The Military Veterans Assistance Act is

amended by changing Section 6 as follows:

(330 ILCS 45/6) (from Ch. 23, par. 3086)

Sec. 6. Overseers of military veterans assistance are

hereby prohibited from sending military veterans (or their

families or the families of those deceased) to any almshouse

(or orphan asylum) without the full concurrence and consent of

the commander and assistance committee of the post or camp of a

military veterans organization having jurisdiction as provided

in Sections 2 and 3 of this Act. Military veterans with

families and the families of deceased veterans, shall, whenever

practicable, be provided for and assisted at their homes in

such city or town in which they shall have a residence, in the

manner provided in Sections 2 and 3 of this Act. Needy veterans

or veterans with disabilities or disabled veterans of the

classes specified in Section 2 of this Act, who are not

mentally ill, and who have no families or friends with which

they may be domiciled, may be sent to any veterans home. Any

less fortunate veteran of either of the classes specified in

Section 2 of this Act or any member of the family of any living

or deceased veteran of said classes, who may be mentally ill,

shall, upon the recommendation of the commander and assistance

committee of such post or camp of a military veterans

organization, within the jurisdiction of which the case may

occur, be sent to any mental health facility and cared for as

provided for indigent persons who are mentally ill.

(Source: P.A. 87-796.)

Section 755. The Disabled Veterans Housing Act is amended

by changing Section 0.01 as follows:

(330 ILCS 65/0.01) (from Ch. 126 1/2, par. 57.90)

Sec. 0.01. Short title. This Act may be cited as the

Housing for Veterans with Disabilities Disabled Veterans

Housing Act.

(Source: P.A. 86-1324.)

Section 760. The Children of Deceased Veterans Act is

amended by changing Section 1 as follows:

(330 ILCS 105/1) (from Ch. 126 1/2, par. 26)

Sec. 1. The Illinois Department of Veterans' Affairs shall

provide, insofar as moneys are appropriated for those purposes,

for matriculation and tuition fees, board, room rent, books and

supplies for the use and benefit of children, not under 10 and

not over 18 years of age, except extension of time may be

granted for a child to complete high school but in no event

beyond the 19th birthday who have for 12 months immediately

preceding their application for these benefits had their

domicile in the State of Illinois, of World War I veterans who

were killed in action or who died between April 6, 1917, and

July 2, 1921, and of World War II veterans who were killed in

action or died after December 6, 1941, and on or before

December 31, 1946, and of Korean conflict veterans who were

killed in action or died between June 27, 1950 and January 31,

1955, and of Vietnam conflict veterans who were killed in

action or died between January 1, 1961 and May 7, 1975, as a

result of service in the Armed Forces of the United States or

from other causes of World War I, World War II, the Korean

conflict or the Vietnam conflict, who died, whether before or

after the cessation of hostilities, from service-connected

disability, and of any veterans who died during the induction

periods specified below or died of a service-connected

disability incurred during such induction periods, such

periods to be those beginning September 16, 1940, and ending

December 6, 1941, and beginning January 1, 1947 and ending June

26, 1950 and the period beginning February 1, 1955, and ending

on the day before the first day thereafter on which individuals

(other than individuals liable for induction by reason of prior

deferment) are no longer liable for induction for training and

service into the Armed Forces under the Universal Military

Training and Service Act, and beginning January 1, 1961 and

ending May 7, 1975 and of any veterans who are persons with a

total and permanent disability totally and permanently

disabled as a result of a service-connected disability (or who

died while a disability so evaluated was in existence); which

children are attending or may attend a state or private

educational institution of elementary or high school grade or a

business college, vocational training school, or other

educational institution in this State where courses of

instruction are provided in subjects which would tend to enable

such children to engage in any useful trade, occupation or

profession. As used in this Act "service-connected" means, with

respect to disability or death, that such disability was

incurred or aggravated, or that the death resulted from a

disability incurred or aggravated, in the performance of active

duty or active duty for training in the military services. Such

children shall be admitted to state educational institutions

free of tuition. No more than $250.00 may be paid under this

Act for any one child for any one school year.

(Source: P.A. 94-106, eff. 7-1-05.)

Section 765. The Mental Health and Developmental

Disabilities Code is amended by changing Sections 1-106, 1-125,

2-101, 2-108, 2-114, 3-200, 3-400, 4-201, 4-201.1, 4-400,

4-500, 4-701, 5-105, 6-103.1, and 6-103.2 and by changing the

headings of Chapter IV, Article III of Chapter IV, Article IV

of Chapter IV, and Article V of Chapter IV as follows:

(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)

Sec. 1-106. "Developmental disability" means a disability

which is attributable to: (a) an intellectual disability,

cerebral palsy, epilepsy or autism; or (b) any other condition

which results in impairment similar to that caused by an

intellectual disability and which requires services similar to

those required by persons with an intellectual disability

intellectually disabled persons. Such disability must

originate before the age of 18 years, be expected to continue

indefinitely, and constitute a substantial disability

handicap.

(Source: P.A. 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)

(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)

Sec. 1-125. "Restraint" means direct restriction through

mechanical means or personal physical force of the limbs, head

or body of a recipient. The partial or total immobilization of

a recipient for the purpose of performing a medical, surgical

or dental procedure or as part of a medically prescribed

procedure for the treatment of an existing physical disorder or

the amelioration of a physical disability handicap shall not

constitute restraint, provided that the duration, nature and

purposes of the procedures or immobilization are properly

documented in the recipient's record and, that if the

procedures or immobilization are applied continuously or

regularly for a period in excess of 24 hours, and for every 24

hour period thereafter during which the immobilization may

continue, they are authorized in writing by a physician or

dentist; and provided further, that any such immobilization

which extends for more than 30 days be reviewed by a physician

or dentist other than the one who originally authorized the

immobilization.

Momentary periods of physical restriction by direct

person-to-person contact, without the aid of material or

mechanical devices, accomplished with limited force, and that

are designed to prevent a recipient from completing an act that

would result in potential physical harm to himself or another

shall not constitute restraint, but shall be documented in the

recipient's clinical record.

(Source: P.A. 86-1402; 87-124.)

(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)

Sec. 2-101. No recipient of services shall be presumed to

be a person under a legal disability legally disabled, nor

shall such person be held to be a person under a legal

disability legally disabled except as determined by a court.

Such determination shall be separate from a judicial proceeding

held to determine whether a person is subject to involuntary

admission or meets the standard for judicial admission.

(Source: P.A. 85-971.)

(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)

Sec. 2-108. Use of restraint. Restraint may be used only as

a therapeutic measure to prevent a recipient from causing

physical harm to himself or physical abuse to others. Restraint

may only be applied by a person who has been trained in the

application of the particular type of restraint to be utilized.

In no event shall restraint be utilized to punish or discipline

a recipient, nor is restraint to be used as a convenience for

the staff.

(a) Except as provided in this Section, restraint shall be

employed only upon the written order of a physician, clinical

psychologist, clinical social worker, clinical professional

counselor, or registered nurse with supervisory

responsibilities. No restraint shall be ordered unless the

physician, clinical psychologist, clinical social worker,

clinical professional counselor, or registered nurse with

supervisory responsibilities, after personally observing and

examining the recipient, is clinically satisfied that the use

of restraint is justified to prevent the recipient from causing

physical harm to himself or others. In no event may restraint

continue for longer than 2 hours unless within that time period

a nurse with supervisory responsibilities or a physician

confirms, in writing, following a personal examination of the

recipient, that the restraint does not pose an undue risk to

the recipient's health in light of the recipient's physical or

medical condition. The order shall state the events leading up

to the need for restraint and the purposes for which restraint

is employed. The order shall also state the length of time

restraint is to be employed and the clinical justification for

that length of time. No order for restraint shall be valid for

more than 16 hours. If further restraint is required, a new

order must be issued pursuant to the requirements provided in

this Section.

(b) In the event there is an emergency requiring the

immediate use of restraint, it may be ordered temporarily by a

qualified person only where a physician, clinical

psychologist, clinical social worker, clinical professional

counselor, or registered nurse with supervisory

responsibilities is not immediately available. In that event,

an order by a nurse, clinical psychologist, clinical social

worker, clinical professional counselor, or physician shall be

obtained pursuant to the requirements of this Section as

quickly as possible, and the recipient shall be examined by a

physician or supervisory nurse within 2 hours after the initial

employment of the emergency restraint. Whoever orders

restraint in emergency situations shall document its necessity

and place that documentation in the recipient's record.

(c) The person who orders restraint shall inform the

facility director or his designee in writing of the use of

restraint within 24 hours.

(d) The facility director shall review all restraint orders

daily and shall inquire into the reasons for the orders for

restraint by any person who routinely orders them.

(e) Restraint may be employed during all or part of one 24

hour period, the period commencing with the initial application

of the restraint. However, once restraint has been employed

during one 24 hour period, it shall not be used again on the

same recipient during the next 48 hours without the prior

written authorization of the facility director.

(f) Restraint shall be employed in a humane and therapeutic

manner and the person being restrained shall be observed by a

qualified person as often as is clinically appropriate but in

no event less than once every 15 minutes. The qualified person

shall maintain a record of the observations. Specifically,

unless there is an immediate danger that the recipient will

physically harm himself or others, restraint shall be loosely

applied to permit freedom of movement. Further, the recipient

shall be permitted to have regular meals and toilet privileges

free from the restraint, except when freedom of action may

result in physical harm to the recipient or others.

(g) Every facility that employs restraint shall provide

training in the safe and humane application of each type of

restraint employed. The facility shall not authorize the use of

any type of restraint by an employee who has not received

training in the safe and humane application of that type of

restraint. Each facility in which restraint is used shall

maintain records detailing which employees have been trained

and are authorized to apply restraint, the date of the training

and the type of restraint that the employee was trained to use.

(h) Whenever restraint is imposed upon any recipient whose

primary mode of communication is sign language, the recipient

shall be permitted to have his hands free from restraint for

brief periods each hour, except when freedom may result in

physical harm to the recipient or others.

(i) A recipient who is restrained may only be secluded at

the same time pursuant to an explicit written authorization as

provided in Section 2-109 of this Code. Whenever a recipient is

restrained, a member of the facility staff shall remain with

the recipient at all times unless the recipient has been

secluded. A recipient who is restrained and secluded shall be

observed by a qualified person as often as is clinically

appropriate but in no event less than every 15 minutes.

(j) Whenever restraint is used, the recipient shall be

advised of his right, pursuant to Sections 2-200 and 2-201 of

this Code, to have any person of his choosing, including the

Guardianship and Advocacy Commission or the agency designated

pursuant to the Protection and Advocacy for Persons with

Developmental Disabilities Developmentally Disabled Persons

Act notified of the restraint. A recipient who is under

guardianship may request that any person of his choosing be

notified of the restraint whether or not the guardian approves

of the notice. Whenever the Guardianship and Advocacy

Commission is notified that a recipient has been restrained, it

shall contact that recipient to determine the circumstances of

the restraint and whether further action is warranted.

(Source: P.A. 98-137, eff. 8-2-13.)

(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)

Sec. 2-114. (a) Whenever an attorney or other advocate from

the Guardianship and Advocacy Commission or the agency

designated by the Governor under Section 1 of the Protection

and Advocacy for Persons with Developmental Disabilities

Developmentally Disabled Persons Act or any other attorney

advises a facility in which a recipient is receiving inpatient

mental health services that he is presently representing the

recipient, or has been appointed by any court or administrative

agency to do so or has been requested to represent the

recipient by a member of the recipient's family, the facility

shall, subject to the provisions of Section 2-113 of this Code,

disclose to the attorney or advocate whether the recipient is

presently residing in the facility and, if so, how the attorney

or advocate may communicate with the recipient.

(b) The facility may take reasonable precautions to

identify the attorney or advocate. No further information shall

be disclosed to the attorney or advocate except in conformity

with the authorization procedures contained in the Mental

Health and Developmental Disabilities Confidentiality Act.

(c) Whenever the location of the recipient has been

disclosed to an attorney or advocate, the facility director

shall inform the recipient of that fact and shall note this

disclosure in the recipient's records.

(d) An attorney or advocate who receives any information

under this Section may not disclose this information to anyone

else without the written consent of the recipient obtained

pursuant to Section 5 of the Mental Health and Developmental

Disabilities Confidentiality Act.

(Source: P.A. 91-357, eff. 7-29-99.)

(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)

Sec. 3-200. (a) A person may be admitted as an inpatient to

a mental health facility for treatment of mental illness only

as provided in this Chapter, except that a person may be

transferred by the Department of Corrections pursuant to the

Unified Code of Corrections. A person transferred by the

Department of Corrections in this manner may be released only

as provided in the Unified Code of Corrections.

(b) No person who is diagnosed as a person with an

intellectual disability intellectually disabled or a person

with a developmental disability may be admitted or transferred

to a Department mental health facility or, any portion thereof,

except as provided in this Chapter. However, the evaluation and

placement of such persons shall be governed by Article II of

Chapter 4 of this Code.

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)

Sec. 3-400. Voluntary admission to mental health facility.

(a) Any person 16 or older, including a person adjudicated

a person with a disability disabled person, may be admitted to

a mental health facility as a voluntary recipient for treatment

of a mental illness upon the filing of an application with the

facility director of the facility if the facility director

determines and documents in the recipient's medical record that

the person (1) is clinically suitable for admission as a

voluntary recipient and (2) has the capacity to consent to

voluntary admission.

(b) For purposes of consenting to voluntary admission, a

person has the capacity to consent to voluntary admission if,

in the professional judgment of the facility director or his or

her designee, the person is able to understand that:

(1) He or she is being admitted to a mental health

facility.

(2) He or she may request discharge at any time. The

request must be in writing, and discharge is not automatic.

(3) Within 5 business days after receipt of the written

request for discharge, the facility must either discharge

the person or initiate commitment proceedings.

(c) No mental health facility shall require the completion

of a petition or certificate as a condition of accepting the

admission of a recipient who is being transported to that

facility from any other inpatient or outpatient healthcare

facility if the recipient has completed an application for

voluntary admission to the receiving facility pursuant to this

Section.

(Source: P.A. 96-612, eff. 1-1-10; 97-375, eff. 8-15-11.)

(405 ILCS 5/Ch. IV heading)

CHAPTER IV

ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES

FOR PERSONS WITH DEVELOPMENTAL DISABILITIES THE

DEVELOPMENTALLY DISABLED

(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)

Sec. 4-201. (a) A person with an intellectual disability An

intellectually disabled person shall not reside in a Department

mental health facility unless the person is evaluated and is

determined to be a person with mental illness and the facility

director determines that appropriate treatment and

habilitation are available and will be provided to such person

on the unit. In all such cases the Department mental health

facility director shall certify in writing within 30 days of

the completion of the evaluation and every 30 days thereafter,

that the person has been appropriately evaluated, that services

specified in the treatment and habilitation plan are being

provided, that the setting in which services are being provided

is appropriate to the person's needs, and that provision of

such services fully complies with all applicable federal

statutes and regulations concerning the provision of services

to persons with a developmental disability. Those regulations

shall include, but not be limited to the regulations which

govern the provision of services to persons with a

developmental disability in facilities certified under the

Social Security Act for federal financial participation,

whether or not the facility or portion thereof in which the

recipient has been placed is presently certified under the

Social Security Act or would be eligible for such certification

under applicable federal regulations. The certifications shall

be filed in the recipient's record and with the office of the

Secretary of the Department. A copy of the certification shall

be given to the person, an attorney or advocate who is

representing the person and the person's guardian.

(b) Any person admitted to a Department mental health

facility who is reasonably suspected of having a mild or

moderate intellectual disability being mildly or moderately

intellectually disabled, including those who also have a mental

illness, shall be evaluated by a multidisciplinary team which

includes a qualified intellectual disabilities professional

designated by the Department facility director. The evaluation

shall be consistent with Section 4-300 of Article III in this

Chapter, and shall include: (1) a written assessment of whether

the person needs a habilitation plan and, if so, (2) a written

habilitation plan consistent with Section 4-309, and (3) a

written determination whether the admitting facility is

capable of providing the specified habilitation services. This

evaluation shall occur within a reasonable period of time, but

in no case shall that period exceed 14 days after admission. In

all events, a treatment plan shall be prepared for the person

within 3 days of admission, and reviewed and updated every 30

days, consistent with Section 3-209 of this Code.

(c) Any person admitted to a Department mental health

facility with an admitting diagnosis of a severe or profound

intellectual disability shall be transferred to an appropriate

facility or unit for persons with a developmental disability

within 72 hours of admission unless transfer is contraindicated

by the person's medical condition documented by appropriate

medical personnel. Any person diagnosed with a severe or

profound intellectual disability as severely or profoundly

intellectually disabled while in a Department mental health

facility shall be transferred to an appropriate facility or

unit for persons with a developmental disability within 72

hours of such diagnosis unless transfer is contraindicated by

the person's medical condition documented by appropriate

medical personnel.

(d) The Secretary of the Department shall designate a

qualified intellectual disabilities professional in each of

its mental health facilities who has responsibility for

insuring compliance with the provisions of Sections 4-201 and

4-201.1.

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)

Sec. 4-201.1. (a) A person residing in a Department mental

health facility who is evaluated as having a mild or moderate

intellectual disability being mildly or moderately

intellectually disabled, an attorney or advocate representing

the person, or a guardian of such person may object to the

Department facility director's certification required in

Section 4-201, the treatment and habilitation plan, or

appropriateness of setting, and obtain an administrative

decision requiring revision of a treatment or habilitation plan

or change of setting, by utilization review as provided in

Sections 3-207 and 4-209 of this Code. As part of this

utilization review, the Committee shall include as one of its

members a qualified intellectual disabilities professional.

(b) The mental health facility director shall give written

notice to each person evaluated as having a mild or moderate

intellectual disability being mildly or moderately

intellectually disabled, the person's attorney and guardian,

if any, or in the case of a minor, to his or her attorney, to

the parent, guardian or person in loco parentis and to the

minor if 12 years of age or older, of the person's right to

request a review of the facility director's initial or

subsequent determination that such person is appropriately

placed or is receiving appropriate services. The notice shall

also provide the address and phone number of the Legal Advocacy

Service of the Guardianship and Advocacy Commission, which the

person or guardian can contact for legal assistance. If

requested, the facility director shall assist the person or

guardian in contacting the Legal Advocacy Service. This notice

shall be given within 24 hours of Department's evaluation that

the person has a mild or moderate intellectual disability is

mildly or moderately intellectually disabled.

(c) Any recipient of services who successfully challenges a

final decision of the Secretary of the Department (or his or

her designee) reviewing an objection to the certification

required under Section 4-201, the treatment and habilitation

plan, or the appropriateness of the setting shall be entitled

to recover reasonable attorney's fees incurred in that

challenge, unless the Department's position was substantially

justified.

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/Ch. IV Art. III heading)

ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION

OF PERSONS WITH DEVELOPMENTAL DISABILITIES THE DEVELOPMENTALLY

DISABLED

(405 ILCS 5/Ch. IV Art. IV heading)

ARTICLE IV. EMERGENCY ADMISSION

OF PERSONS WITH INTELLECTUAL DISABILITIES THE INTELLECTUALLY

DISABLED

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)

Sec. 4-400. (a) A person 18 years of age or older may be

admitted on an emergency basis to a facility under this Article

if the facility director of the facility determines: (1) that

he is a person with an intellectual disability intellectually

disabled; (2) that he is reasonably expected to inflict serious

physical harm upon himself or another in the near future; and

(3) that immediate admission is necessary to prevent such harm.

(b) Persons with a developmental disability under 18 years

of age and persons with a developmental disability 18 years of

age or over who are under guardianship or who are seeking

admission on their own behalf may be admitted for emergency

care under Section 4-311.

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/Ch. IV Art. V heading)

ARTICLE V. JUDICIAL ADMISSION FOR THE

PERSONS WITH INTELLECTUAL DISABILITIES INTELLECTUALLY DISABLED

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)

Sec. 4-500. A person 18 years of age or older may be

admitted to a facility upon court order under this Article if

the court determines: (1) that he is a person with an

intellectual disability intellectually disabled; and (2) that

he is reasonably expected to inflict serious physical harm upon

himself or another in the near future.

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)

Sec. 4-701. (a) Any client admitted to a developmental

disabilities facility under this Chapter may be discharged

whenever the facility director determines that he is suitable

for discharge.

(b) Any client admitted to a facility or program of

nonresidential services upon court order under Article V of

this Chapter or admitted upon court order as a person with an

intellectual disability or as intellectually disabled or

mentally deficient under any prior statute shall be discharged

whenever the facility director determines that he no longer

meets the standard for judicial admission. When the facility

director believes that continued residence is advisable for

such a client, he shall inform the client and his guardian, if

any, that the client may remain at the facility on

administrative admission status. When a facility director

discharges or changes the status of such client, he shall

promptly notify the clerk of the court who shall note the

action in the court record.

(c) When the facility director discharges a client pursuant

to subsection (b) of this Section, he shall promptly notify the

State's Attorney of the county in which the client resided

immediately prior to his admission to a developmental

disabilities facility. Upon receipt of such notice, the State's

Attorney may notify such peace officers that he deems

appropriate.

(d) The facility director may grant a temporary release to

any client when such release is appropriate and consistent with

the habilitation needs of the client.

(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13.)

(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)

Sec. 5-105. Each recipient of services provided directly or

funded by the Department and the estate of that recipient is

liable for the payment of sums representing charges for

services to the recipient at a rate to be determined by the

Department in accordance with this Act. If a recipient is a

beneficiary of a trust described in Section 15.1 of the Trusts

and Trustees Act, the trust shall not be considered a part of

the recipient's estate and shall not be subject to payment for

services to the recipient under this Section except to the

extent permitted under Section 15.1 of the Trusts and Trustees

Act. If the recipient is unable to pay or if the estate of the

recipient is insufficient, the responsible relatives are

severally liable for the payment of those sums or for the

balance due in case less than the amount prescribed under this

Act has been paid. If the recipient is under the age of 18, the

recipient and responsible relative shall be liable for medical

costs on a case-by-case basis for services for the diagnosis

and treatment of conditions other than that child's disabling

handicapping condition. The liability shall be the lesser of

the cost of medical care or the amount of responsible relative

liability established by the Department under Section 5-116.

Any person 18 through 21 years of age who is receiving services

under the Education for All Handicapped Children Act of 1975

(Public Law 94-142) or that person's responsible relative shall

only be liable for medical costs on a case-by-case basis for

services for the diagnosis and treatment of conditions other

than the person's disabling handicapping condition. The

liability shall be the lesser of the cost of medical care or

the amount of responsible relative liability established by the

Department under Section 5-116. In the case of any person who

has received residential services from the Department, whether

directly from the Department or through a public or private

agency or entity funded by the Department, the liability shall

be the same regardless of the source of services. The maximum

services charges for each recipient assessed against

responsible relatives collectively may not exceed financial

liability determined from income in accordance with Section

5-116. Where the recipient is placed in a nursing home or other

facility outside the Department, the Department may pay the

actual cost of services in that facility and may collect

reimbursement for the entire amount paid from the recipient or

an amount not to exceed those amounts determined under Section

5-116 from responsible relatives according to their

proportionate ability to contribute to those charges. The

liability of each responsible relative for payment of services

charges ceases when payments on the basis of financial ability

have been made for a total of 12 years for any recipient, and

any portion of that 12 year period during which a responsible

relative has been determined by the Department to be

financially unable to pay any services charges must be included

in fixing the total period of liability. No child is liable

under this Act for services to a parent. No spouse is liable

under this Act for the services to the other spouse who

wilfully failed to contribute to the spouse's support for a

period of 5 years immediately preceding his or her admission.

Any spouse claiming exemption because of wilful failure to

support during any such 5 year period must furnish the

Department with clear and convincing evidence substantiating

the claim. No parent is liable under this Act for the services

charges incurred by a child after the child reaches the age of

majority. Nothing in this Section shall preclude the Department

from applying federal benefits that are specifically provided

for the care and treatment of a person with a disability

disabled person toward the cost of care provided by a State

facility or private agency.

(Source: P.A. 87-311; 88-380.)

(405 ILCS 5/6-103.1)

Sec. 6-103.1. Adjudication as a person with a mental

disability mentally disabled person. When a person has been

adjudicated as a person with a mental disability mentally

disabled person as defined in Section 1.1 of the Firearm Owners

Identification Card Act, including, but not limited to, an

adjudication as a person with a disability disabled person as

defined in Section 11a-2 of the Probate Act of 1975, the court

shall direct the circuit court clerk to notify the Department

of State Police, Firearm Owner's Identification (FOID) Office,

in a form and manner prescribed by the Department of State

Police, and shall forward a copy of the court order to the

Department no later than 7 days after the entry of the order.

Upon receipt of the order, the Department of State Police shall

provide notification to the National Instant Criminal

Background Check System.

(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)

(405 ILCS 5/6-103.2)

Sec. 6-103.2. Developmental disability; notice. For

purposes of this Section, if a person is determined to be a

person with a developmental disability developmentally

disabled as defined in Section 1.1 of the Firearm Owners

Identification Card Act by a physician, clinical psychologist,

or qualified examiner, whether practicing at a public or by a

private mental health facility or developmental disability

facility, the physician, clinical psychologist, or qualified

examiner shall notify the Department of Human Services within

24 hours of making the determination that the person has a

developmental disability. The Department of Human Services

shall immediately update its records and information relating

to mental health and developmental disabilities, and if

appropriate, shall notify the Department of State Police in a

form and manner prescribed by the Department of State Police.

Information disclosed under this Section shall remain

privileged and confidential, and shall not be redisclosed,

except as required under subsection (e) of Section 3.1 of the

Firearm Owners Identification Card Act, nor used for any other

purpose. The method of providing this information shall

guarantee that the information is not released beyond that

which is necessary for the purpose of this Section and shall be

provided by rule by the Department of Human Services. The

identity of the person reporting under this Section shall not

be disclosed to the subject of the report.

The physician, clinical psychologist, or qualified

examiner making the determination and his or her employer may

not be held criminally, civilly, or professionally liable for

making or not making the notification required under this

Section, except for willful or wanton misconduct.

(Source: P.A. 98-63, eff. 7-9-13.)

Section 770. The Community Mental Health Act is amended by

changing the title of the Act as follows:

(405 ILCS 20/Act title)

An Act relating to community mental health facilities and

services, including those for persons with developmental

disabilities the developmentally disabled and the substance

abusers abuser.

Section 775. The Specialized Living Centers Act is amended

by changing the title of the Act and by changing Section 2.03

as follows:

(405 ILCS 25/Act title)

An Act in relation to specialized living centers for

persons with developmental disabilities the developmentally

disabled and to amend Acts therein named in connection

therewith.

(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)

Sec. 2.03. "Person with a developmental disability" means

individuals whose disability is attributable to an

intellectual disability, cerebral palsy, epilepsy or other

neurological condition which generally originates before such

individuals attain age 18 which had continued or can be

expected to continue indefinitely and which constitutes a

substantial disability handicap to such individuals.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 780. The Community Services Act is amended by

changing the title of the Act and Sections 1, 2, 3, and 4.4 as

follows:

(405 ILCS 30/Act title)

An Act to facilitate the establishment of community

services for persons who are mentally ill, developmentally

disabled, alcohol dependent, or addicted or who are persons

with developmental disabilities.

(405 ILCS 30/1) (from Ch. 91 1/2, par. 901)

Sec. 1. Purpose. It is declared to be the policy and intent

of the Illinois General Assembly that the Department of Human

Services assume leadership in facilitating the establishment

of comprehensive and coordinated arrays of private and public

services for persons with mental illness, persons with a

developmental disability, and alcohol and drug dependent

citizens residing in communities throughout the state. The

Department shall work in partnership with local government

entities, direct service providers, voluntary associations and

communities to create a system that is sensitive to the needs

of local communities and which complements existing family and

other natural supports, social institutions and programs.

The goals of the service system shall include but not be

limited to the following: to strengthen the disabled

individual's independence, self-esteem, and ability of the

individual with a disability to participate in and contribute

to community life; to insure continuity of care for clients; to

enable persons with disabilities disabled persons to access

needed services, commensurate with their individual wishes and

needs, regardless of where they reside in the state; to prevent

unnecessary institutionalization and the dislocation of

individuals from their home communities; to provide a range of

services so that persons can receive these services in settings

which do not unnecessarily restrict their liberty; and to

encourage clients to move among settings as their needs change.

The system shall include provision of services in the areas

of prevention, client assessment and diagnosis, case

coordination, crisis and emergency care, treatment and

habilitation and support services, and community residential

alternatives to institutional settings. The General Assembly

recognizes that community programs are an integral part of the

larger service system, which includes state-operated

facilities for persons who cannot receive appropriate services

in the community.

Towards achievement of these ends, the Department of Human

Services, working in coordination with other State agencies,

shall assume responsibilities pursuant to this Act, which

includes activities in the areas of planning, quality

assurance, program evaluation, community education, and the

provision of financial and technical assistance to local

provider agencies.

(Source: P.A. 88-380; 89-507, eff. 7-1-97.)

(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)

Sec. 2. Community Services System. Services should be

planned, developed, delivered and evaluated as part of a

comprehensive and coordinated system. The Department of Human

Services shall encourage the establishment of services in each

area of the State which cover the services categories described

below. What specific services are provided under each service

category shall be based on local needs; special attention shall

be given to unserved and underserved populations, including

children and youth, racial and ethnic minorities, and the

elderly. The service categories shall include:

(a) Prevention: services designed primarily to reduce

the incidence and ameliorate the severity of developmental

disabilities, mental illness and alcohol and drug

dependence;

(b) Client Assessment and Diagnosis: services designed

to identify persons with developmental disabilities,

mental illness and alcohol and drug dependency; to

determine the extent of the disability and the level of

functioning; to ensure that the individual's need for

treatment of mental disorders or substance use disorders or

co-occurring substance use and mental health disorders is

determined using a uniform screening, assessment, and

evaluation process inclusive of criteria; for purposes of

this subsection (b), a uniform screening, assessment, and

evaluation process refers to a process that includes an

appropriate evaluation and, as warranted, a referral;

"uniform" does not mean the use of a singular instrument,

tool, or process that all must utilize; information

obtained through client evaluation can be used in

individual treatment and habilitation plans; to assure

appropriate placement and to assist in program evaluation;

(c) Case Coordination: services to provide information

and assistance to persons with disabilities to ensure

disabled persons to insure that they obtain needed services

provided by the private and public sectors; case

coordination services should be available to individuals

whose functioning level or history of institutional

recidivism or long-term care indicate that such assistance

is required for successful community living;

(d) Crisis and Emergency: services to assist

individuals and their families through crisis periods, to

stabilize individuals under stress and to prevent

unnecessary institutionalization;

(e) Treatment, Habilitation and Support: services

designed to help individuals develop skills which promote

independence and improved levels of social and vocational

functioning and personal growth; and to provide

non-treatment support services which are necessary for

successful community living;

(f) Community Residential Alternatives to

Institutional Settings: services to provide living

arrangements for persons unable to live independently; the

level of supervision, services provided and length of stay

at community residential alternatives will vary by the type

of program and the needs and functioning level of the

residents; other services may be provided in a community

residential alternative which promote the acquisition of

independent living skills and integration with the

community.

(Source: P.A. 97-1061, eff. 8-24-12.)

(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)

Sec. 3. Responsibilities for Community Services. Pursuant

to this Act, the Department of Human Services shall facilitate

the establishment of a comprehensive and coordinated array of

community services based upon a federal, State and local

partnership. In order to assist in implementation of this Act,

the Department shall prescribe and publish rules and

regulations. The Department may request the assistance of other

State agencies, local government entities, direct services

providers, trade associations, and others in the development of

these regulations or other policies related to community

services.

The Department shall assume the following roles and

responsibilities for community services:

(a) Service Priorities. Within the service categories

described in Section 2 of this Act, establish and publish

priorities for community services to be rendered, and priority

populations to receive these services.

(b) Planning. By January 1, 1994 and by January 1 of each

third year thereafter, prepare and publish a Plan which

describes goals and objectives for community services

state-wide and for regions and subregions needs assessment,

steps and time-tables for implementation of the goals also

shall be included; programmatic goals and objectives for

community services shall cover the service categories defined

in Section 2 of this Act; the Department shall insure local

participation in the planning process.

(c) Public Information and Education. Develop programs

aimed at improving the relationship between communities and

their residents with disabilities; prepare and disseminate

public information and educational materials on the prevention

of developmental disabilities, mental illness, and alcohol or

drug dependence, and on available treatment and habilitation

services for persons with these disabilities.

(d) Quality Assurance. Promulgate minimum program

standards, rules and regulations to insure that Department

funded services maintain acceptable quality and assure

enforcement of these standards through regular monitoring of

services and through program evaluation; this applies except

where this responsibility is explicitly given by law to another

State agency.

(d-5) Accreditation requirements for providers of mental

health and substance abuse treatment services. Except when the

federal or State statutes authorizing a program, or the federal

regulations implementing a program, are to the contrary,

accreditation shall be accepted by the Department in lieu of

the Department's facility or program certification or

licensure onsite review requirements and shall be accepted as a

substitute for the Department's administrative and program

monitoring requirements, except as required by subsection

(d-10), in the case of:

(1) Any organization from which the Department

purchases mental health or substance abuse services and

that is accredited under any of the following: the

Comprehensive Accreditation Manual for Behavioral Health

Care (Joint Commission on Accreditation of Healthcare

Organizations (JCAHO)); the Comprehensive Accreditation

Manual for Hospitals (JCAHO); the Standards Manual for the

Council on Accreditation for Children and Family Services

(Council on Accreditation for Children and Family Services

(COA)); or the Standards Manual for Organizations Serving

People with Disabilities (the Rehabilitation Accreditation

Commission (CARF)).

(2) Any mental health facility or program licensed or

certified by the Department, or any substance abuse service

licensed by the Department, that is accredited under any of

the following: the Comprehensive Accreditation Manual for

Behavioral Health Care (JCAHO); the Comprehensive

Accreditation Manual for Hospitals (JCAHO); the Standards

Manual for the Council on Accreditation for Children and

Family Services (COA); or the Standards Manual for

Organizations Serving People with Disabilities (CARF).

(3) Any network of providers from which the Department

purchases mental health or substance abuse services and

that is accredited under any of the following: the

Comprehensive Accreditation Manual for Behavioral Health

Care (JCAHO); the Comprehensive Accreditation Manual for

Hospitals (JCAHO); the Standards Manual for the Council on

Accreditation for Children and Family Services (COA); the

Standards Manual for Organizations Serving People with

Disabilities (CARF); or the National Committee for Quality

Assurance. A provider organization that is part of an

accredited network shall be afforded the same rights under

this subsection.

(d-10) For mental health and substance abuse services, the

Department may develop standards or promulgate rules that

establish additional standards for monitoring and licensing

accredited programs, services, and facilities that the

Department has determined are not covered by the accreditation

standards and processes. These additional standards for

monitoring and licensing accredited programs, services, and

facilities and the associated monitoring must not duplicate the

standards and processes already covered by the accrediting

bodies.

(d-15) The Department shall be given proof of compliance

with fire and health safety standards, which must be submitted

as required by rule.

(d-20) The Department, by accepting the survey or

inspection of an accrediting organization, does not forfeit its

rights to perform inspections at any time, including contract

monitoring to ensure that services are provided in accordance

with the contract. The Department reserves the right to monitor

a provider of mental health and substance abuse treatment

services when the survey or inspection of an accrediting

organization has established any deficiency in the

accreditation standards and processes.

(d-25) On and after the effective date of this amendatory

Act of the 92nd General Assembly, the accreditation

requirements of this Section apply to contracted organizations

that are already accredited.

(e) Program Evaluation. Develop a system for conducting

evaluation of the effectiveness of community services,

according to preestablished performance standards; evaluate

the extent to which performance according to established

standards aids in achieving the goals of this Act; evaluation

data also shall be used for quality assurance purposes as well

as for planning activities.

(f) Research. Conduct research in order to increase

understanding of mental illness, developmental disabilities

and alcohol and drug dependence.

(g) Technical Assistance. Provide technical assistance to

provider agencies receiving funds or serving clients in order

to assist these agencies in providing appropriate, quality

services; also provide assistance and guidance to other State

agencies and local governmental bodies serving persons with

disabilities the disabled in order to strengthen their efforts

to provide appropriate community services; and assist provider

agencies in accessing other available funding, including

federal, State, local, third-party and private resources.

(h) Placement Process. Promote the appropriate placement

of clients in community services through the development and

implementation of client assessment and diagnostic instruments

to assist in identifying the individual's service needs; client

assessment instruments also can be utilized for purposes of

program evaluation; whenever possible, assure that placements

in State-operated facilities are referrals from community

agencies.

(i) Interagency Coordination. Assume leadership in

promoting cooperation among State health and human service

agencies to insure that a comprehensive, coordinated community

services system is in place; to insure persons with a

disability access to needed services; and to insure continuity

of care and allow clients to move among service settings as

their needs change; also work with other agencies to establish

effective prevention programs.

(j) Financial Assistance. Provide financial assistance to

local provider agencies through purchase-of-care contracts and

grants, pursuant to Section 4 of this Act.

(Source: P.A. 95-682, eff. 10-11-07.)

(405 ILCS 30/4.4)

Sec. 4.4. Funding reinvestment.

(a) The purposes of this Section are as follows:

(1) The General Assembly recognizes that the United

States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,

119 S. Ct. 2176 (1999), affirmed that the unjustifiable

institutionalization of a person with a disability who

could live in the community with proper support, and wishes

to do so, is unlawful discrimination in violation of the

Americans with Disabilities Act (ADA). The State of

Illinois, along with all other states, is required to

provide appropriate residential and community-based

support services to persons with disabilities who wish to

live in a less restrictive setting.

(2) It is the purpose of this Section to help fulfill

the State's obligations under the Olmstead decision by

maximizing the level of funds for both developmental

disability and mental health services and supports in order

to maintain and create an array of residential and

supportive services for people with mental health needs and

developmental disabilities whenever they are transferred

into another facility or a community-based setting.

(b) In this Section:

"Office of Developmental Disabilities" means the Office of

Developmental Disabilities within the Department of Human

Services.

"Office of Mental Health" means the Office of Mental Health

within the Department of Human Services.

(c) On and after the effective date of this amendatory Act

of the 94th General Assembly, every appropriation of State

moneys relating to funding for the Office of Developmental

Disabilities or the Office of Mental Health must comply with

this Section.

(d) Whenever any appropriation, or any portion of an

appropriation, for any fiscal year relating to the funding of

any State-operated facility operated by the Office of

Developmental Disabilities or any mental health facility

operated by the Office of Mental Health is reduced because of

any of the reasons set forth in the following items (1) through

(3), to the extent that savings are realized from these items,

those moneys must be directed toward providing other services

and supports for persons with developmental disabilities or

mental health needs:

(1) The closing of any such State-operated facility for

persons with developmental disabilities the

developmentally disabled or mental health facility.

(2) Reduction in the number of units or available beds

in any such State-operated facility for persons with

developmental disabilities the developmentally disabled or

mental health facility.

(3) Reduction in the number of staff employed in any

such State-operated facility for persons with

developmental disabilities the developmentally disabled or

mental health facility.

In determining whether any savings are realized from items

(1) through (3), sufficient moneys shall be made available to

ensure that there is an appropriate level of staffing and that

life, safety, and care concerns are addressed so as to provide

for the remaining persons with developmental disabilities or

mental illness at any facility in the case of item (2) or (3)

or, in the case of item (1), such remaining persons at the

remaining State-operated facilities that will be expected to

handle the individuals previously served at the closed

facility.

(e) The purposes of redirecting this funding shall include,

but not be limited to, providing the following services and

supports for individuals with developmental disabilities and

mental health needs:

(1) Residence in the most integrated setting possible,

whether independent living in a private residence, a

Community Integrated Living Arrangement (CILA), a

supported residential program, an Intermediate Care

Facility for persons with Developmental Disabilities

(ICFDD), a supervised residential program, or supportive

housing, as appropriate.

(2) Residence in another State-operated facility.

(3) Rehabilitation and support services, including

assertive community treatment, case management, supportive

and supervised day treatment, and psychosocial

rehabilitation.

(4) Vocational or developmental training, as

appropriate, that contributes to the person's independence

and employment potential.

(5) Employment or supported employment, as

appropriate, free from discrimination pursuant to the

Constitution and laws of this State.

(6) In-home family supports, such as respite services

and client and family supports.

(7) Periodic reevaluation, as needed.

(f) An appropriation may not circumvent the purposes of

this Section by transferring moneys within the funding system

for services and supports for persons with developmental

disabilities the developmentally disabled and the mentally ill

and then compensating for this transfer by redirecting other

moneys away from these services to provide funding for some

other governmental purpose or to relieve other State funding

expenditures.

(Source: P.A. 94-498, eff. 8-8-05.)

Section 785. The Protection and Advocacy for

Developmentally Disabled Persons Act is amended by changing

Section 0.01 as follows:

(405 ILCS 40/0.01) (from Ch. 91 1/2, par. 1150)

Sec. 0.01. Short title. This Act may be cited as the

Protection and Advocacy for Persons with Developmental

Disabilities Developmentally Disabled Persons Act.

(Source: P.A. 86-1324.)

Section 790. The Developmental Disability and Mental

Disability Services Act is amended by changing Sections 2-1,

2-2, 2-3, 2-4, 2-5, 2-6, 2-8, 2-10, 2-11, 2-16, 3-1, 3-2, 3-3,

3-4, 3-9.1, 3-11, 4-1, and 5-1 as follows:

(405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)

Sec. 2-1. This Article may be cited as the Home-Based

Support Services Law for Adults with Mental Disabilities

Mentally Disabled Adults.

(Source: P.A. 86-921.)

(405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)

Sec. 2-2. The purpose of this Article is to authorize the

Department of Human Services to encourage, develop, sponsor and

fund home-based and community-based services for adults with

mental disabilities mentally disabled adults in order to

provide alternatives to institutionalization and to permit

adults with mental disabilities mentally disabled adults to

remain in their own homes.

(Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)

Sec. 2-3. As used in this Article, unless the context

requires otherwise:

(a) "Agency" means an agency or entity licensed by the

Department pursuant to this Article or pursuant to the

Community Residential Alternatives Licensing Act.

(b) "Department" means the Department of Human Services, as

successor to the Department of Mental Health and Developmental

Disabilities.

(c) "Home-based services" means services provided to an

adult with a mental disability a mentally disabled adult who

lives in his or her own home. These services include but are

not limited to:

(1) home health services;

(2) case management;

(3) crisis management;

(4) training and assistance in self-care;

(5) personal care services;

(6) habilitation and rehabilitation services;

(7) employment-related services;

(8) respite care; and

(9) other skill training that enables a person to

become self-supporting.

(d) "Legal guardian" means a person appointed by a court of

competent jurisdiction to exercise certain powers on behalf of

an adult with a mental disability a mentally disabled adult.

(e) "Adult with a mental disability Mentally disabled

adult" means a person over the age of 18 years who lives in his

or her own home; who needs home-based services, but does not

require 24-hour-a-day supervision; and who has one of the

following conditions: severe autism, severe mental illness, a

severe or profound intellectual disability, or severe and

multiple impairments.

(f) In one's "own home" means that an adult with a mental

disability a mentally disabled adult lives alone; or that an

adult with a mental disability a mentally disabled adult is in

full-time residence with his or her parents, legal guardian, or

other relatives; or that an adult with a mental disability a

mentally disabled adult is in full-time residence in a setting

not subject to licensure under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, the ID/DD

Community Care Act, or the Child Care Act of 1969, as now or

hereafter amended, with 3 or fewer other adults unrelated to

the adult with a mental disability mentally disabled adult who

do not provide home-based services to the adult with a mental

disability mentally disabled adult.

(g) "Parent" means the biological or adoptive parent of an

adult with a mental disability a mentally disabled adult, or a

person licensed as a foster parent under the laws of this State

who acts as a mentally disabled adult's foster parent to an

adult with a mental disability.

(h) "Relative" means any of the following relationships by

blood, marriage or adoption: parent, son, daughter, brother,

sister, grandparent, uncle, aunt, nephew, niece, great

grandparent, great uncle, great aunt, stepbrother, stepsister,

stepson, stepdaughter, stepparent or first cousin.

(i) "Severe autism" means a lifelong developmental

disability which is typically manifested before 30 months of

age and is characterized by severe disturbances in reciprocal

social interactions; verbal and nonverbal communication and

imaginative activity; and repertoire of activities and

interests. A person shall be determined severely autistic, for

purposes of this Article, if both of the following are present:

(1) Diagnosis consistent with the criteria for

autistic disorder in the current edition of the Diagnostic

and Statistical Manual of Mental Disorders.

(2) Severe disturbances in reciprocal social

interactions; verbal and nonverbal communication and

imaginative activity; repertoire of activities and

interests. A determination of severe autism shall be based

upon a comprehensive, documented assessment with an

evaluation by a licensed clinical psychologist or

psychiatrist. A determination of severe autism shall not be

based solely on behaviors relating to environmental,

cultural or economic differences.

(j) "Severe mental illness" means the manifestation of all

of the following characteristics:

(1) A primary diagnosis of one of the major mental

disorders in the current edition of the Diagnostic and

Statistical Manual of Mental Disorders listed below:

(A) Schizophrenia disorder.

(B) Delusional disorder.

(C) Schizo-affective disorder.

(D) Bipolar affective disorder.

(E) Atypical psychosis.

(F) Major depression, recurrent.

(2) The individual's mental illness must substantially

impair his or her functioning in at least 2 of the

following areas:

(A) Self-maintenance.

(B) Social functioning.

(C) Activities of community living.

(D) Work skills.

(3) Disability must be present or expected to be

present for at least one year.

A determination of severe mental illness shall be based

upon a comprehensive, documented assessment with an evaluation

by a licensed clinical psychologist or psychiatrist, and shall

not be based solely on behaviors relating to environmental,

cultural or economic differences.

(k) "Severe or profound intellectual disability" means a

manifestation of all of the following characteristics:

(1) A diagnosis which meets Classification in Mental

Retardation or criteria in the current edition of the

Diagnostic and Statistical Manual of Mental Disorders for

severe or profound mental retardation (an IQ of 40 or

below). This must be measured by a standardized instrument

for general intellectual functioning.

(2) A severe or profound level of disturbed adaptive

behavior. This must be measured by a standardized adaptive

behavior scale or informal appraisal by the professional in

keeping with illustrations in Classification in Mental

Retardation, 1983.

(3) Disability diagnosed before age of 18.

A determination of a severe or profound intellectual

disability shall be based upon a comprehensive, documented

assessment with an evaluation by a licensed clinical

psychologist or certified school psychologist or a

psychiatrist, and shall not be based solely on behaviors

relating to environmental, cultural or economic differences.

(l) "Severe and multiple impairments" means the

manifestation of all of the following characteristics:

(1) The evaluation determines the presence of a

developmental disability which is expected to continue

indefinitely, constitutes a substantial disability

handicap and is attributable to any of the following:

(A) Intellectual disability, which is defined as

general intellectual functioning that is 2 or more

standard deviations below the mean concurrent with

impairment of adaptive behavior which is 2 or more

standard deviations below the mean. Assessment of the

individual's intellectual functioning must be measured

by a standardized instrument for general intellectual

functioning.

(B) Cerebral palsy.

(C) Epilepsy.

(D) Autism.

(E) Any other condition which results in

impairment similar to that caused by an intellectual

disability and which requires services similar to

those required by persons with intellectual

disabilities intellectually disabled persons.

(2) The evaluation determines multiple disabilities

handicaps in physical, sensory, behavioral or cognitive

functioning which constitute a severe or profound

impairment attributable to one or more of the following:

(A) Physical functioning, which severely impairs

the individual's motor performance that may be due to:

(i) Neurological, psychological or physical

involvement resulting in a variety of disabling

conditions such as hemiplegia, quadriplegia or

ataxia,

(ii) Severe organ systems involvement such as

congenital heart defect,

(iii) Physical abnormalities resulting in the

individual being non-mobile and non-ambulatory or

confined to bed and receiving assistance in

transferring, or

(iv) The need for regular medical or nursing

supervision such as gastrostomy care and feeding.

Assessment of physical functioning must be based

on clinical medical assessment by a physician licensed

to practice medicine in all its branches, using the

appropriate instruments, techniques and standards of

measurement required by the professional.

(B) Sensory, which involves severe restriction due

to hearing or visual impairment limiting the

individual's movement and creating dependence in

completing most daily activities. Hearing impairment

is defined as a loss of 70 decibels aided or speech

discrimination of less than 50% aided. Visual

impairment is defined as 20/200 corrected in the better

eye or a visual field of 20 degrees or less. Sensory

functioning must be based on clinical medical

assessment by a physician licensed to practice

medicine in all its branches using the appropriate

instruments, techniques and standards of measurement

required by the professional.

(C) Behavioral, which involves behavior that is

maladaptive and presents a danger to self or others, is

destructive to property by deliberately breaking,

destroying or defacing objects, is disruptive by

fighting, or has other socially offensive behaviors in

sufficient frequency or severity to seriously limit

social integration. Assessment of behavioral

functioning may be measured by a standardized scale or

informal appraisal by a clinical psychologist or

psychiatrist.

(D) Cognitive, which involves intellectual

functioning at a measured IQ of 70 or below. Assessment

of cognitive functioning must be measured by a

standardized instrument for general intelligence.

(3) The evaluation determines that development is

substantially less than expected for the age in cognitive,

affective or psychomotor behavior as follows:

(A) Cognitive, which involves intellectual

functioning at a measured IQ of 70 or below. Assessment

of cognitive functioning must be measured by a

standardized instrument for general intelligence.

(B) Affective behavior, which involves over and

under responding to stimuli in the environment and may

be observed in mood, attention to awareness, or in

behaviors such as euphoria, anger or sadness that

seriously limit integration into society. Affective

behavior must be based on clinical assessment using the

appropriate instruments, techniques and standards of

measurement required by the professional.

(C) Psychomotor, which includes a severe

developmental delay in fine or gross motor skills so

that development in self-care, social interaction,

communication or physical activity will be greatly

delayed or restricted.

(4) A determination that the disability originated

before the age of 18 years.

A determination of severe and multiple impairments shall be

based upon a comprehensive, documented assessment with an

evaluation by a licensed clinical psychologist or

psychiatrist.

If the examiner is a licensed clinical psychologist,

ancillary evaluation of physical impairment, cerebral palsy or

epilepsy must be made by a physician licensed to practice

medicine in all its branches.

Regardless of the discipline of the examiner, ancillary

evaluation of visual impairment must be made by an

ophthalmologist or a licensed optometrist.

Regardless of the discipline of the examiner, ancillary

evaluation of hearing impairment must be made by an

otolaryngologist or an audiologist with a certificate of

clinical competency.

The only exception to the above is in the case of a person

with cerebral palsy or epilepsy who, according to the

eligibility criteria listed below, has multiple impairments

which are only physical and sensory. In such a case, a

physician licensed to practice medicine in all its branches may

serve as the examiner.

(m) "Twenty-four-hour-a-day supervision" means

24-hour-a-day care by a trained mental health or developmental

disability professional on an ongoing basis.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 98-104, eff. 7-22-13.)

(405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)

Sec. 2-4. The Department shall establish a Home-Based

Support Services Program for Adults with Mental Disabilities

Mentally Disabled Adults ("the Program") under this Article.

The purpose of the Program is to provide alternatives to

institutionalization of adults with mental disabilities

mentally disabled adults and to permit these individuals to

live in their own homes. The Department shall implement the

purpose of the Program by providing home-based services to

adults with mental disabilities mentally disabled adults who

need home-based services and who live in their own homes.

(Source: P.A. 86-921.)

(405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)

Sec. 2-5. The Department shall establish eligibility

standards for the Program, taking into consideration the

disability levels and service needs of the target population.

The Department shall create application forms which shall be

used to determine the eligibility of adults with mental

disabilities mentally disabled adults to participate in the

Program. The forms shall be made available by the Department

and shall require at least the following items of information

which constitute eligibility criteria for participation in the

Program:

(a) A statement that the adult with a mental disability

mentally disabled adult resides in the State of Illinois

and is over the age of 18 years.

(b) Verification that the adult with a mental

disability mentally disabled adult has one of the following

conditions: severe autism, severe mental illness, a severe

or profound intellectual disability, or severe and

multiple impairments.

(c) Verification that the adult with a mental

disability mentally disabled adult has applied and is

eligible for federal Supplemental Security Income or

federal Social Security Disability Income benefits.

(d) Verification that the adult with a mental

disability mentally disabled adult resides full-time in

his or her own home or that, within 2 months of receipt of

services under this Article, he or she will reside

full-time in his or her own home.

The Department may by rule adopt provisions establishing

liability of responsible relatives of a recipient of services

under this Article for the payment of sums representing charges

for services to such recipient. Such rules shall be

substantially similar to the provisions for such liability

contained in Chapter V of the Mental Health and Developmental

Disabilities Code, as now or hereafter amended, and rules

adopted pursuant thereto.

(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)

(405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)

Sec. 2-6. An application for the Program shall be submitted

to the Department by the adult with a mental disability

mentally disabled adult or, if the adult with a mental

disability mentally disabled adult requires a guardian, by his

or her legal guardian. If the application for participation in

the Program is approved by the Department and the adult with a

mental disability mentally disabled adult is eligible to

receive services under this Article, the adult with a mental

disability mentally disabled adult shall be made aware of the

availability of a community support team and shall be offered

case management services. The amount of the home-based services

provided by the Department in any month shall be determined by

the service plan of the adult with a mental disability mentally

disabled adult, but in no case shall it be more than either:

(a) three hundred percent of the monthly federal

Supplemental Security Income payment for an individual

residing alone if the adult with a mental disability

mentally disabled adult is not enrolled in a special

education program by a local education agency, or

(b) two hundred percent of the monthly Supplemental

Security Income payment for an individual residing alone if

the adult with a mental disability mentally disabled adult

is enrolled in a special education program by a local

education agency.

Upon approval of the Department, all or part of the monthly

amount approved for home-based services to participating

adults may be used as a one-time or continuing payment to the

eligible adult or the adult's parent or guardian to pay for

specified tangible items that are directly related to meeting

basic needs related to the person's mental disabilities.

Tangible items include, but are not limited to: adaptive

equipment, medication not covered by third-party payments,

nutritional supplements, and residential modifications.

(Source: P.A. 88-388.)

(405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)

Sec. 2-8. Services provided by the Department under the

Program shall be denied:

(a) if the adult with a mental disability mentally disabled

adult no longer meets the eligibility criteria,

(b) if the adult with a mental disability mentally disabled

adult submits false information in an application or

reapplication for participation in the Program, or

(c) if the adult with a mental disability mentally disabled

adult fails to request or access any services after 120 days.

Prior to making the decision, if the adult with mental

disabilities has failed to request or access any services

within 90 days, the Department shall give written notice to the

person who signed the application that participation in the

Program will be denied if services are not requested or

accessed within 30 days.

Whenever services provided by the Department under the

Program are denied for the reasons in paragraphs (a), (b), or

(c) of this Section, the Department shall give written notice

of the decision and the reasons for denial of services to the

person who signed the application. Such notice shall contain

information on requesting an appeal under Section 2-13.

(Source: P.A. 86-921; 87-1158.)

(405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)

Sec. 2-10. Before eligible adults with mental disabilities

mentally disabled adults receive services under this Article,

they shall maximize use of other services provided by other

governmental agencies, including but not limited to

educational and vocational services.

(Source: P.A. 86-921.)

(405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)

Sec. 2-11. The Department, as successor to any agreements

between the Department of Mental Health and Developmental

Disabilities and the Department of Rehabilitation Services for

the provision of training, employment placement, and

employment referral services for the adults with mental

disabilities mentally disabled adults served under this

Article, shall carry out the responsibilities, if any, incurred

by its predecessor agencies under those agreements.

(Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)

Sec. 2-16. The Department shall adopt rules pursuant to the

Illinois Administrative Procedure Act to implement the

Home-Based Support Services Program for Adults with Mental

Disabilities Mentally Disabled Adults. The rules shall include

the intake procedures, application process and eligibility

requirements for adults with mental disabilities mentally

disabled adults who apply for services under the Program.

(Source: P.A. 86-921.)

(405 ILCS 80/3-1) (from Ch. 91 1/2, par. 1803-1)

Sec. 3-1. This Article shall be known and may be cited as

the Family Assistance Law for Children with Mental Disabilities

Mentally Disabled Children.

(Source: P.A. 86-921.)

(405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)

Sec. 3-2. The purpose of this Article is to create a

mandate for the Department of Human Services to strengthen and

promote families who provide care within the family home for

children whose level of mental illness or developmental

disability constitutes a risk of out-of-home placement. It is

the intent of this Article to strengthen, promote and empower

families to determine the most appropriate use of resources to

address the unique and changing needs of those families'

children with mental disabilities mentally disabled children.

(Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)

Sec. 3-3. As used in this Article, unless the context

requires otherwise:

(a) "Agency" means an agency or entity licensed by the

Department pursuant to this Article or pursuant to the

Community Residential Alternatives Licensing Act.

(b) "Department" means the Department of Human Services, as

successor to the Department of Mental Health and Developmental

Disabilities.

(c) "Department-funded out-of-home placement services"

means those services for which the Department pays the partial

or full cost of care of the residential placement.

(d) "Family" or "families" means a family member or members

and his, her or their parents or legal guardians.

(e) "Family member" means a child 17 years old or younger

who has one of the following conditions: severe autism, severe

emotional disturbance, a severe or profound intellectual

disability, or severe and multiple impairments.

(f) "Legal guardian" means a person appointed by a court of

competent jurisdiction to exercise certain powers on behalf of

a family member and with whom the family member resides.

(g) "Parent" means a biological or adoptive parent with

whom the family member resides, or a person licensed as a

foster parent under the laws of this State, acting as a family

member's foster parent, and with whom the family member

resides.

(h) "Severe autism" means a lifelong developmental

disability which is typically manifested before 30 months of

age and is characterized by severe disturbances in reciprocal

social interactions; verbal and nonverbal communication and

imaginative activity; and repertoire of activities and

interests. A person shall be determined severely autistic, for

purposes of this Article, if both of the following are present:

(1) Diagnosis consistent with the criteria for

autistic disorder in the current edition of the Diagnostic

and Statistical Manual of Mental Disorders;

(2) Severe disturbances in reciprocal social

interactions; verbal and nonverbal communication and

imaginative activity; and repertoire of activities and

interests. A determination of severe autism shall be based

upon a comprehensive, documented assessment with an

evaluation by a licensed clinical psychologist or

psychiatrist. A determination of severe autism shall not be

based solely on behaviors relating to environmental,

cultural or economic differences.

(i) "Severe mental illness" means the manifestation of all

of the following characteristics:

(1) a severe mental illness characterized by the

presence of a mental disorder in children or adolescents,

classified in the Diagnostic and Statistical Manual of

Mental Disorders (Third Edition - Revised), as now or

hereafter revised, excluding V-codes (as that term is used

in the current edition of the Diagnostic and Statistical

Manual of Mental Disorders), adjustment disorders, the

presence of an intellectual disability when no other mental

disorder is present, alcohol or substance abuse, or other

forms of dementia based upon organic or physical disorders;

and

(2) a functional disability of an extended duration

which results in substantial limitations in major life

activities.

A determination of severe mental illness shall be based

upon a comprehensive, documented assessment with an evaluation

by a licensed clinical psychologist or a psychiatrist.

(j) "Severe or profound intellectual disability" means a

manifestation of all of the following characteristics:

(1) A diagnosis which meets Classification in Mental

Retardation or criteria in the current edition of the

Diagnostic and Statistical Manual of Mental Disorders for

severe or profound mental retardation (an IQ of 40 or

below). This must be measured by a standardized instrument

for general intellectual functioning.

(2) A severe or profound level of adaptive behavior.

This must be measured by a standardized adaptive behavior

scale or informal appraisal by the professional in keeping

with illustrations in Classification in Mental

Retardation, 1983.

(3) Disability diagnosed before age of 18.

A determination of a severe or profound intellectual

disability shall be based upon a comprehensive, documented

assessment with an evaluation by a licensed clinical

psychologist, certified school psychologist, a psychiatrist or

other physician licensed to practice medicine in all its

branches, and shall not be based solely on behaviors relating

to environmental, cultural or economic differences.

(k) "Severe and multiple impairments" means the

manifestation of all the following characteristics:

(1) The evaluation determines the presence of a

developmental disability which is expected to continue

indefinitely, constitutes a substantial disability

handicap and is attributable to any of the following:

(A) Intellectual disability, which is defined as

general intellectual functioning that is 2 or more

standard deviations below the mean concurrent with

impairment of adaptive behavior which is 2 or more

standard deviations below the mean. Assessment of the

individual's intellectual functioning must be measured

by a standardized instrument for general intellectual

functioning.

(B) Cerebral palsy.

(C) Epilepsy.

(D) Autism.

(E) Any other condition which results in

impairment similar to that caused by an intellectual

disability and which requires services similar to

those required by persons with intellectual

disabilities intellectually disabled persons.

(2) The evaluation determines multiple disabilities

handicaps in physical, sensory, behavioral or cognitive

functioning which constitute a severe or profound

impairment attributable to one or more of the following:

(A) Physical functioning, which severely impairs

the individual's motor performance that may be due to:

(i) Neurological, psychological or physical

involvement resulting in a variety of disabling

conditions such as hemiplegia, quadriplegia or

ataxia,

(ii) Severe organ systems involvement such as

congenital heart defect,

(iii) Physical abnormalities resulting in the

individual being non-mobile and non-ambulatory or

confined to bed and receiving assistance in

transferring, or

(iv) The need for regular medical or nursing

supervision such as gastrostomy care and feeding.

Assessment of physical functioning must be based

on clinical medical assessment, using the appropriate

instruments, techniques and standards of measurement

required by the professional.

(B) Sensory, which involves severe restriction due

to hearing or visual impairment limiting the

individual's movement and creating dependence in

completing most daily activities. Hearing impairment

is defined as a loss of 70 decibels aided or speech

discrimination of less than 50% aided. Visual

impairment is defined as 20/200 corrected in the better

eye or a visual field of 20 degrees or less. Sensory

functioning must be based on clinical medical

assessment using the appropriate instruments,

techniques and standards of measurement required by

the professional.

(C) Behavioral, which involves behavior that is

maladaptive and presents a danger to self or others, is

destructive to property by deliberately breaking,

destroying or defacing objects, is disruptive by

fighting, or has other socially offensive behaviors in

sufficient frequency or severity to seriously limit

social integration. Assessment of behavioral

functioning may be measured by a standardized scale or

informal appraisal by the medical professional.

(D) Cognitive, which involves intellectual

functioning at a measured IQ of 70 or below. Assessment

of cognitive functioning must be measured by a

standardized instrument for general intelligence.

(3) The evaluation determines that development is

substantially less than expected for the age in cognitive,

affective or psychomotor behavior as follows:

(A) Cognitive, which involves intellectual

functioning at a measured IQ of 70 or below. Assessment

of cognitive functioning must be measured by a

standardized instrument for general intelligence.

(B) Affective behavior, which involves over and

under responding to stimuli in the environment and may

be observed in mood, attention to awareness, or in

behaviors such as euphoria, anger or sadness that

seriously limit integration into society. Affective

behavior must be based on clinical medical and

psychiatric assessment using the appropriate

instruments, techniques and standards of measurement

required by the professional.

(C) Psychomotor, which includes a severe

developmental delay in fine or gross motor skills so

that development in self-care, social interaction,

communication or physical activity will be greatly

delayed or restricted.

(4) A determination that the disability originated

before the age of 18 years.

A determination of severe and multiple impairments shall be

based upon a comprehensive, documented assessment with an

evaluation by a licensed clinical psychologist or

psychiatrist. If the examiner is a licensed clinical

psychologist, ancillary evaluation of physical impairment,

cerebral palsy or epilepsy must be made by a physician licensed

to practice medicine in all its branches.

Regardless of the discipline of the examiner, ancillary

evaluation of visual impairment must be made by an

ophthalmologist or a licensed optometrist.

Regardless of the discipline of the examiner, ancillary

evaluation of hearing impairment must be made by an

otolaryngologist or an audiologist with a certificate of

clinical competency.

The only exception to the above is in the case of a person

with cerebral palsy or epilepsy who, according to the

eligibility criteria listed below, has multiple impairments

which are only physical and sensory. In such a case, a

physician licensed to practice medicine in all its branches may

serve as the examiner.

(Source: P.A. 97-227, eff. 1-1-12.)

(405 ILCS 80/3-4) (from Ch. 91 1/2, par. 1803-4)

Sec. 3-4. The Department shall establish a Family

Assistance Program for Children with Mental Disabilities

Mentally Disabled Children ("the Program") under this Article.

The purpose of the Program is to strengthen and promote the

family and to prevent the out-of-home placement of children

with mental disabilities mentally disabled children. The

Department shall implement the purpose of the Program by

providing funds directly to families to defray some of the

costs of caring for family members who have mental disabilities

mentally disabled family members, thereby preventing or

delaying the out-of-home placement of family members.

(Source: P.A. 86-921.)

(405 ILCS 80/3-9.1) (from Ch. 91 1/2, par. 1803-9.1)

Sec. 3-9.1. If an individual is terminated from the Program

solely because the individual has attained the age of 18 years,

the individual shall be allowed, through a transition process,

to enter the Home-Based Support Program for Adults with Mental

Disabilities Mentally Disabled Adults if he or she meets the

eligibility requirements set forth in Article II for that

program.

(Source: P.A. 87-447.)

(405 ILCS 80/3-11) (from Ch. 91 1/2, par. 1803-11)

Sec. 3-11. Families will be required to provide assurances

that the stipend will be used for the benefit of the person

with a disability disabled person such that it will insure

their continued successive development. Annually, the family

shall submit to the Department a written statement signed by

the family member's parent or legal guardian which states that

the stipend was used to meet the special needs of the family.

(Source: P.A. 86-921.)

(405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)

Sec. 4-1. The Department of Human Services may provide

access to home-based and community-based services for children

and adults with mental disabilities mentally disabled children

and adults through the designation of local screening and

assessment units and community support teams. The screening and

assessment units shall provide comprehensive assessment;

develop individual service plans; link the persons with mental

disabilities and their families to community providers for

implementation of the plan; and monitor the plan's

implementation for the time necessary to insure that the plan

is appropriate and acceptable to the persons with mental

disabilities and their families. The Department also will make

available community support services in each local geographic

area for persons with severe mental disabilities. Community

support teams will provide case management, ongoing guidance

and assistance for persons with mental disabilities mentally

disabled persons; will offer skills training,

crisis/behavioral intervention, client/family support, and

access to medication management; and provide individual client

assistance to access housing, financial benefits, and

employment-related services.

(Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)

Sec. 5-1. As the mental health and developmental

disabilities or intellectual disabilities authority for the

State of Illinois, the Department of Human Services shall have

the authority to license, certify and prescribe standards

governing the programs and services provided under this Act, as

well as all other agencies or programs which provide home-based

or community-based services to persons with mental

disabilities the mentally disabled, except those services,

programs or agencies established under or otherwise subject to

the Child Care Act of 1969, the Specialized Mental Health

Rehabilitation Act of 2013, or the ID/DD Community Care Act, as

now or hereafter amended, and this Act shall not be construed

to limit the application of those Acts.

(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 98-104, eff. 7-22-13.)

Section 795. The Developmental Disability and Mental

Health Safety Act is amended by changing Sections 5, 15, and 40

as follows:

(405 ILCS 82/5)

Sec. 5. Legislative Findings. The General Assembly finds

all of the following:

(a) As a result of decades of significant under-funding of

Illinois' developmental disabilities and mental health service

delivery system, the quality of life of individuals with

disabilities has been negatively impacted and, in an

unacceptable number of instances, has resulted in serious

health consequences and even death.

(b) In response to growing concern over the safety of the

State-operated developmental disability facilities, following

a series of resident deaths, the agency designated by the

Governor pursuant to the Protection and Advocacy for Persons

with Developmental Disabilities Developmentally Disabled

Persons Act opened a systemic investigation to examine all such

deaths for a period of time, including the death of a young man

in his twenties, Brian Kent, on October 30, 2002, and released

a public report, "Life and Death in State-Operated

Developmental Disability Institutions," which included

findings and recommendations aimed at preventing such

tragedies in the future.

(c) The documentation of substandard medical care and

treatment of individual residents living in the State-operated

facilities cited in that report necessitate that the State of

Illinois take immediate action to prevent further injuries and

deaths.

(d) The agency designated by the Governor pursuant to the

Protection and Advocacy for Persons with Developmental

Disabilities Developmentally Disabled Persons Act has also

reviewed conditions and deaths of individuals with

disabilities living in or transferred to community-based

facilities and found similar problems in some of those

settings.

(e) The circumstances associated with deaths in both

State-operated facilities and community-based facilities, and

review of the State's investigations and findings regarding

these incidents, demonstrate that the current federal and State

oversight and investigatory systems are seriously

under-funded.

(f) An effective mortality review process enables state

service systems to focus on individual deaths and consider the

broader issues, policies, and practices that may contribute to

these tragedies. This critical information, when shared with

public and private facilities, can help to reduce circumstances

that place individuals at high risk of serious harm and even

death.

(g) The purpose of this Act is to establish within the

Department of Human Services a low-cost, volunteer-based

mortality review process conducted by an independent team of

experts that will enhance the health and safety of the

individuals served by Illinois' developmental disability and

mental health service delivery systems.

(h) This independent team of experts will be comparable to

2 existing types of oversight teams: the Abuse Prevention

Review Team created under the jurisdiction of the Department of

Public Health, which examines deaths of individuals living in

long-term care facilities, and Child Death Review Teams created

under the jurisdiction of the Department of Children and Family

Services, which reviews the deaths of children.

(Source: P.A. 96-1235, eff. 1-1-11.)

(405 ILCS 82/15)

Sec. 15. Mortality Review Process.

(a) The Department of Human Services shall develop an

independent team of experts from the academic, private, and

public sectors to examine all deaths at facilities and

community agencies.

(b) The Secretary of Human Services, in consultation with

the Director of Public Health, shall appoint members to the

independent team of experts, which shall consist of at least

one member from each of the following categories:

1. Physicians experienced in providing medical care to

individuals with developmental disabilities.

2. Physicians experienced in providing medical care to

individuals with mental illness.

3. Registered nurses experienced in providing medical

care to individuals with developmental disabilities.

4. Registered nurses experienced in providing medical

care to individuals with mental illness.

5. Psychiatrists.

6. Psychologists.

7. Representatives of the Department of Human Services

who are not employed at the facility at which the death

occurred.

8. Representatives of the Department of Public Health.

9. Representatives of the agency designated by the

Governor pursuant to the Protection and Advocacy for

Persons with Developmental Disabilities Developmentally

Disabled Persons Act.

10. State's Attorneys or State's Attorneys'

representatives.

11. Coroners or forensic pathologists.

12. Representatives of local hospitals, trauma

centers, or providers of emergency medical services.

13. Other categories of persons, as the Secretary of

Human Services may see fit.

The independent team of experts may make recommendations to

the Secretary of Human Services concerning additional

appointments. Each team member must have demonstrated

experience and an interest in investigating, treating, or

preventing the deaths of individuals with disabilities. The

Secretary of Human Services shall appoint additional teams if

the Secretary or the existing team determines that more teams

are necessary to accomplish the purposes of this Act. The

members of a team shall be appointed for 2-year staggered terms

and shall be eligible for reappointment upon the expiration of

their terms. Each independent team shall select a Chairperson

from among its members.

(c) The independent team of experts shall examine the

deaths of all individuals who have died while under the care of

a facility or community agency.

(d) The purpose of the independent team of experts'

examination of such deaths is to do the following:

1. Review the cause and manner of the individual's

death.

2. Review all actions taken by the facility, State

agencies, or other entities to address the cause or causes

of death and the adequacy of medical care and treatment.

3. Evaluate the means, if any, by which the death might

have been prevented.

4. Report its observations and conclusions to the

Secretary of Human Services and make recommendations that

may help to reduce the number of unnecessary deaths.

5. Promote continuing education for professionals

involved in investigating and preventing the unnecessary

deaths of individuals under the care of a facility or

community agency.

6. Make specific recommendations to the Secretary of

Human Services concerning the prevention of unnecessary

deaths of individuals under the care of facilities and

community agencies, including changes in policies and

practices that will prevent harm to individuals with

disabilities, and the establishment of protocols for

investigating the deaths of these individuals.

(e) The independent team of experts must examine the cases

submitted to it on a quarterly basis. The team shall meet at

least once in each calendar quarter if there are cases to be

examined. The Department of Human Services shall forward cases

within 90 days after completion of a review or an investigation

into the death of an individual residing at a facility or

community agency.

(f) Within 90 days after receiving recommendations made by

the independent team of experts under subsection (d) of this

Section, the Secretary of Human Services must review those

recommendations, as feasible and appropriate, and shall

respond to the team in writing to explain the implementation of

those recommendations.

(g) The Secretary of Human Services shall establish

protocols governing the operation of the independent team.

Those protocols shall include the creation of sub-teams to

review the case records or portions of the case records and

report to the full team. The members of a sub-team shall be

composed of team members specially qualified to examine those

records. In any instance in which the independent team does not

operate in accordance with established protocol, the Secretary

of Human Services shall take any necessary actions to bring the

team into compliance with the protocol.

(Source: P.A. 96-1235, eff. 1-1-11.)

(405 ILCS 82/40)

Sec. 40. Rights information. The Department of Human

Services shall ensure that individuals with disabilities and

their guardians and families receive sufficient information

regarding their rights, including the right to be safe, the

right to be free from abuse and neglect, the right to receive

quality services, and the right to an adequate discharge plan

and timely transition to the least restrictive setting to meet

their individual needs and desires. The Department shall

provide this information, which shall be developed in

collaboration with the agency designated by the Governor

pursuant to the Protection and Advocacy for Persons with

Developmental Disabilities Developmentally Disabled Persons

Act, in order to allow individuals with disabilities and their

guardians and families to make informed decisions regarding the

provision of services that can meet the individual's needs and

desires. The Department shall provide this information to all

facilities and community agencies to be made available upon

admission and at least annually thereafter for as long as the

individual remains in the facility.

(Source: P.A. 96-1235, eff. 1-1-11.)

Section 800. The Home Environment Living Program Act is

amended by changing Section 3 as follows:

(405 ILCS 85/3) (from Ch. 91 1/2, par. 2003)

Sec. 3. Definitions. In this Act:

(a) "Department" means the Department of Human Services.

(b) "Project HELP" means the Home Environment Living

Program.

(c) "Home caregiver" means a substitute family home which

provides services and care to a child or adult who is a person

with a severe disability severely disabled.

(Source: P.A. 89-507, eff. 7-1-97.)

Section 805. The Elevator Tactile Identification Act is

amended by changing Section 1 as follows:

(410 ILCS 30/1) (from Ch. 111 1/2, par. 3901)

Sec. 1. In each building, including commercial,

residential and institutional structures, served during

regular business hours by an unsupervised automatic passenger

elevator for use by the general public, the elevator, or at

least the left elevator where there is more than one elevator

in any bank of elevators, shall be equipped with elevator

controls, within the elevator and at each floor level served by

the elevator, which have tactile identification or braille

markings, pursuant to the following schedule:

(a) New elevators for which building permits are issued

after the effective date of this Act or October 1, 1977,

whichever date is later - immediately;

(b) Existing elevators undergoing renovation of the

control panel for which building permits are issued after the

effective date of this Act or October 1, 1977, whichever date

is later - immediately;

(c) Existing elevators not undergoing renovation, the

earlier of:

(1) 90 days after the effective date of Federal standards

governing elevator control markings applicable to privately

owned buildings, or

(2) June 30, 1980.

All tactile identification except braille shall be in

contrasting colors and consist of raised letters, numbers,

labels or plaques for persons with a visual disability the

visually handicapped.

(Source: P.A. 80-384.)

Section 810. The Child Vision and Hearing Test Act is

amended by changing Sections 3 and 7 as follows:

(410 ILCS 205/3) (from Ch. 23, par. 2333)

Sec. 3. Vision and hearing screening services shall be

administered to all children as early as possible, but no later

than their first year in any public or private education

program, licensed day care center or residential facility for

children with disabilities handicapped children; and

periodically thereafter, to identify those children with

vision or hearing impairments or both so that such conditions

can be managed or treated.

(Source: P.A. 81-174.)

(410 ILCS 205/7) (from Ch. 23, par. 2337)

Sec. 7. The Director shall appoint a Children's Hearing

Services Advisory Committee and a Children's Vision Services

Advisory Committee. The membership of each committee shall not

exceed 10 individuals. In making appointments to the Children's

Hearing Services Advisory Committee, the Director shall

appoint individuals with knowledge of or experience in the

problems of children with a hearing disability hearing

handicapped children and shall appoint at least 2 licensed

physicians who specialize in the field of otolaryngology and

are recommended by that organization representing the largest

number of physicians licensed to practice medicine in all of

its branches in the State of Illinois, and at least 2

audiologists. In making appointments to the Children's Vision

Services Advisory Committee, the Director shall appoint 2

members (and one alternate) recommended by the Illinois Society

for the Prevention of Blindness, 2 licensed physicians (and one

alternate) who specialize in ophthalmology and are recommended

by that organization representing the largest number of

physicians licensed to practice medicine in all of its branches

in the State of Illinois, and 2 licensed optometrists (and one

alternate) recommended by that organization representing the

largest number of licensed optometrists in the State of

Illinois, as members of the Children's Vision Services Advisory

Committee.

The Children's Hearing Services Advisory Committee shall

advise the Department in the implementation and administration

of the hearing services program and in the development of rules

and regulations pertaining to that program. The Children's

Vision Services Advisory Committee shall advise the Department

in the development of rules and regulations pertaining to that

program. Each committee shall select a chairman from its

membership and shall meet at least once in each calendar year.

The members of the Advisory Committees shall receive no

compensation for their services; however, the nongovernmental

members shall be reimbursed for actual expenses incurred in the

performance of their duties in accordance with the State of

Illinois travel regulations.

(Source: P.A. 90-655, eff. 7-30-98.)

Section 815. The Developmental Disability Prevention Act

is amended by changing Sections 1, 2, 3, and 11 as follows:

(410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)

Sec. 1.

It is hereby declared to be the policy of the State of

Illinois that the prevention of perinatal mortality and

conditions leading to developmental disabilities and other

handicapping disabilities is a high priority for attention.

Efforts to reduce the incidence of perinatal risk factors by

early identification and management of the high risk woman of

childbearing age, fetus and newborn will not only decrease the

predisposition to disability but will also prove to be a

cost-effective endeavor, reducing State and private

expenditures for the care and maintenance of those persons

whose disability was a result of disabled from perinatal risk

factors.

(Source: P.A. 78-557.)

(410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)

Sec. 2. As used in this Act:

a "perinatal" means the period of time between the

conception of an infant and the end of the first month of life;

b "congenital" means those intrauterine factors which

influence the growth, development and function of the fetus;

c "environmental" means those extrauterine factors which

influence the adaptation, well being or life of the newborn and

may lead to disability;

d "high risk" means an increased level of risk of harm or

mortality to the woman of childbearing age, fetus or newborn

from congenital and/or environmental factors;

e "perinatal center" means a referral facility intended to

care for the high risk patient before, during, or after labor

and delivery and characterized by sophistication and

availability of personnel, equipment, laboratory,

transportation techniques, consultation and other support

services;

f "developmental disability" means an intellectual

disability, cerebral palsy, epilepsy, or other neurological

disabling handicapping conditions of an individual found to be

closely related to an intellectual disability or to require

treatment similar to that required by individuals with an

intellectual disability intellectually disabled individuals,

and the disability originates before such individual attains

age 18, and has continued, or can be expected to continue

indefinitely, and constitutes a substantial disability

handicap of such individuals;

g "disability" means a condition characterized by

temporary or permanent, partial or complete impairment of

physical, mental or physiological function;

h "Department" means the Department of Public Health.

(Source: P.A. 97-227, eff. 1-1-12.)

(410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)

Sec. 3. By January 1, 1974, the Department, in conjunction

with its appropriate advisory planning committee, shall

develop standards for all levels of hospital perinatal care to

include regional perinatal centers. Such standards shall

recognize and correlate with the Hospital Licensing Act

approved July 1, 1953, as amended. The standards shall assure

that:

(a) facilities are equipped and prepared to stabilize

infants prior to transport;

(b) coordination exists between general maternity care and

perinatal centers;

(c) unexpected complications during delivery can be

properly managed;

(d) all high risk pregnancies and childbirths are reviewed

at each hospital or maternity center to determine if such

children are born with a disabling handicapping condition or

developmental disability that threatens life or development;

(e) procedures are implemented to identify and report to

the Department all births of children with disabling

handicapping conditions or developmental disabilities that

threaten life or development;

(f) children identified as having a disabling handicapping

condition or developmental disability that threatens life or

development are promptly evaluated in consultation with

designated regional perinatal centers and referred, when

appropriate, to such centers, or to other medical specialty

services, as approved by the Department and in accordance with

the level of perinatal care authorized for each hospital or

maternity care center for the proper management and treatment

of such condition or disability;

(g) hospital or maternity centers conduct postnatal

reviews of all perinatal deaths as well as reviews of the

births of children born with disabling handicapping conditions

or developmental disabilities that threaten life or

development, utilizing criteria of case selection developed by

such hospitals or maternity centers, or the appropriate medical

staff committees thereof, in order to determine the

appropriateness of diagnosis and treatment and the adequacy of

procedures to prevent such disabilities or the loss of life;

(h) high risk mothers and their spouses are provided

information, referral and counseling services to ensure

informed consent to the treatment of children born with

disabling handicapping conditions or developmental

disabilities;

(i) parents and families are provided information,

referral and counseling services to assist in obtaining

habilitation, rehabilitation and special education services

for children born with disabling handicapping conditions or

developmental disabilities, so that such children have an

opportunity to realize full potential. Such standards shall

include, but not be limited to, the establishment of procedures

for notification of the appropriate State and local educational

service agencies regarding children who may require evaluation

and assessment under such agencies;

(j) consultation when indicated is provided for and

available. Perinatal centers shall provide care for the high

risk expectant mother who may deliver a distressed infant or

infant with a disability or disabled infant. Such centers shall

also provide intensive care to the high risk newborn whose life

or physical well-being is in jeopardy. Standards shall include

the availability of: 1 trained personnel; 2 trained neonatal

nursing staff; 3 x-ray and laboratory equipment available on a

24-hour basis; 4 infant monitoring equipment; 5 transportation

of mothers and/or infants; 6 genetic services; 7 surgical and

cardiology consultation; and 8 other support services as may be

required.

The standards under this Section shall be established by

rules and regulations of the Department. Such standards shall

be deemed sufficient for the purposes of this Act if they

require the perinatal care facilities to submit plans or enter

into agreements with the Department which adequately address

the requirements of paragraphs (a) through (j) above.

(Source: P.A. 84-1308.)

(410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)

Sec. 11.

The Department shall develop by July 1, 1974, and revise as

necessary each year thereafter, criteria for the

identification of mothers at risk of delivering a child whose

life or development may be threatened by a disabling

handicapping condition. Such criteria shall include but need

not be limited to: (1) history of premature births; (2)

complications in pregnancy including toxemia; (3) onset of

rubella during pregnancy; (4) extreme age; and (5) incompatible

blood group.

(Source: P.A. 78-557.)

Section 820. The Space Heating Safety Act is amended by

changing Section 9 as follows:

(425 ILCS 65/9) (from Ch. 127 1/2, par. 709)

Sec. 9. Prohibited Use of Kerosene Heaters. The use of

kerosene fueled heaters will be prohibited under any

circumstances in the following types of structures:

(i) Nursing homes or convalescent centers;

(ii) Day-care centers having children present;

(iii) Any type of center for persons with disabilities the

handicapped;

(iv) Common areas of multifamily dwellings;

(v) Hospitals;

(vi) Structures more than 3 stories in height; and

(vii) Structures open to the public which have a capacity

for 50 or more persons.

(Source: P.A. 84-834.)

Section 825. The Illinois Poison Prevention Packaging Act

is amended by changing Section 4 as follows:

(430 ILCS 40/4) (from Ch. 111 1/2, par. 294)

Sec. 4.

(a) For the purpose of making any household substance which

is subject to a standard established under Section 3 readily

available to elderly persons or persons with disabilities or

handicapped persons unable to use such substance when packaged

in compliance with such standard, the manufacturer or packer,

as the case may be, may package any household substance,

subject to such a standard, in packaging of a single size which

does not comply with such standard if:

(1) the manufacturer or packer also supplies such substance

in packages which comply with such standard; and

(2) the packages of such substance which do not meet such

standard bear conspicuous labeling stating: "This package for

households without young children"; except that the Director

may by regulation prescribe a substitute statement to the same

effect for packaging too small to accommodate such labeling.

(b) In the case of a household substance which is subject

to such a standard and which is dispensed pursuant to an order

of a physician, dentist, or other licensed medical practitioner

authorized to prescribe, such substance may be dispensed in

noncomplying packages only when directed in such order or when

requested by the purchaser.

(c) In the case of a household substance subject to such a

standard which is packaged under subsection (a) in a

noncomplying package, if the Director determines that such

substance is not also being supplied by a manufacturer or

packer in popular size packages which comply with such

standard, he may, after giving the manufacturer or packer an

opportunity to comply with the purposes of this Act, by order

require such substance to be packaged by such manufacturer or

packer exclusively in special packaging complying with such

standard if he finds, after opportunity for hearing, that such

exclusive use of special packaging is necessary to accomplish

the purposes of this Act.

(Source: P.A. 77-2158.)

Section 830. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 4, 8, and 8.1 as follows:

(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

Sec. 1.1. For purposes of this Act:

"Addicted to narcotics" means a person who has been:

(1) convicted of an offense involving the use or

possession of cannabis, a controlled substance, or

methamphetamine within the past year; or

(2) determined by the Department of State Police to be

addicted to narcotics based upon federal law or federal

guidelines.

"Addicted to narcotics" does not include possession or use

of a prescribed controlled substance under the direction and

authority of a physician or other person authorized to

prescribe the controlled substance when the controlled

substance is used in the prescribed manner.

"Adjudicated as a person with a mental disability" mentally

disabled person" means the person is the subject of a

determination by a court, board, commission or other lawful

authority that the person, as a result of marked subnormal

intelligence, or mental illness, mental impairment,

incompetency, condition, or disease:

(1) presents a clear and present danger to himself,

herself, or to others;

(2) lacks the mental capacity to manage his or her own

affairs or is adjudicated a person with a disability

disabled person as defined in Section 11a-2 of the Probate

Act of 1975;

(3) is not guilty in a criminal case by reason of

insanity, mental disease or defect;

(3.5) is guilty but mentally ill, as provided in

Section 5-2-6 of the Unified Code of Corrections;

(4) is incompetent to stand trial in a criminal case;

(5) is not guilty by reason of lack of mental

responsibility under Articles 50a and 72b of the Uniform

Code of Military Justice, 10 U.S.C. 850a, 876b;

(6) is a sexually violent person under subsection (f)

of Section 5 of the Sexually Violent Persons Commitment

Act;

(7) is a sexually dangerous person under the Sexually

Dangerous Persons Act;

(8) is unfit to stand trial under the Juvenile Court

Act of 1987;

(9) is not guilty by reason of insanity under the

Juvenile Court Act of 1987;

(10) is subject to involuntary admission as an

inpatient as defined in Section 1-119 of the Mental Health

and Developmental Disabilities Code;

(11) is subject to involuntary admission as an

outpatient as defined in Section 1-119.1 of the Mental

Health and Developmental Disabilities Code;

(12) is subject to judicial admission as set forth in

Section 4-500 of the Mental Health and Developmental

Disabilities Code; or

(13) is subject to the provisions of the Interstate

Agreements on Sexually Dangerous Persons Act.

"Clear and present danger" means a person who:

(1) communicates a serious threat of physical violence

against a reasonably identifiable victim or poses a clear

and imminent risk of serious physical injury to himself,

herself, or another person as determined by a physician,

clinical psychologist, or qualified examiner; or

(2) demonstrates threatening physical or verbal

behavior, such as violent, suicidal, or assaultive

threats, actions, or other behavior, as determined by a

physician, clinical psychologist, qualified examiner,

school administrator, or law enforcement official.

"Clinical psychologist" has the meaning provided in

Section 1-103 of the Mental Health and Developmental

Disabilities Code.

"Controlled substance" means a controlled substance or

controlled substance analog as defined in the Illinois

Controlled Substances Act.

"Counterfeit" means to copy or imitate, without legal

authority, with intent to deceive.

"Developmentally disabled" means a disability which is

attributable to any other condition which results in impairment

similar to that caused by an intellectual disability and which

requires services similar to those required by intellectually

disabled persons. The disability must originate before the age

of 18 years, be expected to continue indefinitely, and

constitute a substantial handicap.

"Federally licensed firearm dealer" means a person who is

licensed as a federal firearms dealer under Section 923 of the

federal Gun Control Act of 1968 (18 U.S.C. 923).

"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action

of an explosion, expansion of gas or escape of gas; excluding,

however:

(1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels a single globular projectile not

exceeding .18 inch in diameter or which has a maximum

muzzle velocity of less than 700 feet per second;

(1.1) any pneumatic gun, spring gun, paint ball gun, or

B-B gun which expels breakable paint balls containing

washable marking colors;

(2) any device used exclusively for signalling or

safety and required or recommended by the United States

Coast Guard or the Interstate Commerce Commission;

(3) any device used exclusively for the firing of stud

cartridges, explosive rivets or similar industrial

ammunition; and

(4) an antique firearm (other than a machine-gun)

which, although designed as a weapon, the Department of

State Police finds by reason of the date of its

manufacture, value, design, and other characteristics is

primarily a collector's item and is not likely to be used

as a weapon.

"Firearm ammunition" means any self-contained cartridge or

shotgun shell, by whatever name known, which is designed to be

used or adaptable to use in a firearm; excluding, however:

(1) any ammunition exclusively designed for use with a

device used exclusively for signalling or safety and

required or recommended by the United States Coast Guard or

the Interstate Commerce Commission; and

(2) any ammunition designed exclusively for use with a

stud or rivet driver or other similar industrial

ammunition.

"Gun show" means an event or function:

(1) at which the sale and transfer of firearms is the

regular and normal course of business and where 50 or more

firearms are displayed, offered, or exhibited for sale,

transfer, or exchange; or

(2) at which not less than 10 gun show vendors display,

offer, or exhibit for sale, sell, transfer, or exchange

firearms.

"Gun show" includes the entire premises provided for an

event or function, including parking areas for the event or

function, that is sponsored to facilitate the purchase, sale,

transfer, or exchange of firearms as described in this Section.

"Gun show" does not include training or safety classes,

competitive shooting events, such as rifle, shotgun, or handgun

matches, trap, skeet, or sporting clays shoots, dinners,

banquets, raffles, or any other event where the sale or

transfer of firearms is not the primary course of business.

"Gun show promoter" means a person who organizes or

operates a gun show.

"Gun show vendor" means a person who exhibits, sells,

offers for sale, transfers, or exchanges any firearms at a gun

show, regardless of whether the person arranges with a gun show

promoter for a fixed location from which to exhibit, sell,

offer for sale, transfer, or exchange any firearm.

"Intellectually disabled" means significantly subaverage

general intellectual functioning which exists concurrently

with impairment in adaptive behavior and which originates

before the age of 18 years.

"Involuntarily admitted" has the meaning as prescribed in

Sections 1-119 and 1-119.1 of the Mental Health and

Developmental Disabilities Code.

"Mental health facility" means any licensed private

hospital or hospital affiliate, institution, or facility, or

part thereof, and any facility, or part thereof, operated by

the State or a political subdivision thereof which provide

treatment of persons with mental illness and includes all

hospitals, institutions, clinics, evaluation facilities,

mental health centers, colleges, universities, long-term care

facilities, and nursing homes, or parts thereof, which provide

treatment of persons with mental illness whether or not the

primary purpose is to provide treatment of persons with mental

illness.

"Patient" means:

(1) a person who voluntarily receives mental health

treatment as an in-patient or resident of any public or

private mental health facility, unless the treatment was

solely for an alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness; or

(2) a person who voluntarily receives mental health

treatment as an out-patient or is provided services by a

public or private mental health facility, and who poses a

clear and present danger to himself, herself, or to others.

"Person with a developmental disability" means a person

with a disability which is attributable to any other condition

which results in impairment similar to that caused by an

intellectual disability and which requires services similar to

those required by persons with intellectual disabilities. The

disability must originate before the age of 18 years, be

expected to continue indefinitely, and constitute a

substantial disability.

"Person with an intellectual disability" means a person

with a significantly subaverage general intellectual

functioning which exists concurrently with impairment in

adaptive behavior and which originates before the age of 18

years.

"Physician" has the meaning as defined in Section 1-120 of

the Mental Health and Developmental Disabilities Code.

"Qualified examiner" has the meaning provided in Section

1-122 of the Mental Health and Developmental Disabilities Code.

"Sanctioned competitive shooting event" means a shooting

contest officially recognized by a national or state shooting

sport association, and includes any sight-in or practice

conducted in conjunction with the event.

"School administrator" means the person required to report

under the School Administrator Reporting of Mental Health Clear

and Present Danger Determinations Law.

"Stun gun or taser" has the meaning ascribed to it in

Section 24-1 of the Criminal Code of 2012.

(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;

97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)

(430 ILCS 65/4) (from Ch. 38, par. 83-4)

Sec. 4. (a) Each applicant for a Firearm Owner's

Identification Card must:

(1) Make application on blank forms prepared and

furnished at convenient locations throughout the State by

the Department of State Police, or by electronic means, if

and when made available by the Department of State Police;

and

(2) Submit evidence to the Department of State Police

that:

(i) He or she is 21 years of age or over, or if he

or she is under 21 years of age that he or she has the

written consent of his or her parent or legal guardian

to possess and acquire firearms and firearm ammunition

and that he or she has never been convicted of a

misdemeanor other than a traffic offense or adjudged

delinquent, provided, however, that such parent or

legal guardian is not an individual prohibited from

having a Firearm Owner's Identification Card and files

an affidavit with the Department as prescribed by the

Department stating that he or she is not an individual

prohibited from having a Card;

(ii) He or she has not been convicted of a felony

under the laws of this or any other jurisdiction;

(iii) He or she is not addicted to narcotics;

(iv) He or she has not been a patient in a mental

health facility within the past 5 years or, if he or

she has been a patient in a mental health facility more

than 5 years ago submit the certification required

under subsection (u) of Section 8 of this Act;

(v) He or she is not a person with an intellectual

disability intellectually disabled;

(vi) He or she is not an alien who is unlawfully

present in the United States under the laws of the

United States;

(vii) He or she is not subject to an existing order

of protection prohibiting him or her from possessing a

firearm;

(viii) He or she has not been convicted within the

past 5 years of battery, assault, aggravated assault,

violation of an order of protection, or a substantially

similar offense in another jurisdiction, in which a

firearm was used or possessed;

(ix) He or she has not been convicted of domestic

battery, aggravated domestic battery, or a

substantially similar offense in another jurisdiction

committed before, on or after January 1, 2012 (the

effective date of Public Act 97-158). If the applicant

knowingly and intelligently waives the right to have an

offense described in this clause (ix) tried by a jury,

and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic

relationship is not a required element of the offense

but in which a determination of the applicability of 18

U.S.C. 922(g)(9) is made under Section 112A-11.1 of the

Code of Criminal Procedure of 1963, an entry by the

court of a judgment of conviction for that offense

shall be grounds for denying the issuance of a Firearm

Owner's Identification Card under this Section;

(x) (Blank);

(xi) He or she is not an alien who has been

admitted to the United States under a non-immigrant

visa (as that term is defined in Section 101(a)(26) of

the Immigration and Nationality Act (8 U.S.C.

1101(a)(26))), or that he or she is an alien who has

been lawfully admitted to the United States under a

non-immigrant visa if that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States

Government or the Government's mission to an

international organization having its

headquarters in the United States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a

friendly foreign government entering the United

States on official business; or

(5) one who has received a waiver from the

Attorney General of the United States pursuant to

18 U.S.C. 922(y)(3);

(xii) He or she is not a minor subject to a

petition filed under Section 5-520 of the Juvenile

Court Act of 1987 alleging that the minor is a

delinquent minor for the commission of an offense that

if committed by an adult would be a felony;

(xiii) He or she is not an adult who had been

adjudicated a delinquent minor under the Juvenile

Court Act of 1987 for the commission of an offense that

if committed by an adult would be a felony;

(xiv) He or she is a resident of the State of

Illinois;

(xv) He or she has not been adjudicated as a person

with a mental disability mentally disabled person;

(xvi) He or she has not been involuntarily admitted

into a mental health facility; and

(xvii) He or she is not a person with a

developmental disability developmentally disabled; and

(3) Upon request by the Department of State Police,

sign a release on a form prescribed by the Department of

State Police waiving any right to confidentiality and

requesting the disclosure to the Department of State Police

of limited mental health institution admission information

from another state, the District of Columbia, any other

territory of the United States, or a foreign nation

concerning the applicant for the sole purpose of

determining whether the applicant is or was a patient in a

mental health institution and disqualified because of that

status from receiving a Firearm Owner's Identification

Card. No mental health care or treatment records may be

requested. The information received shall be destroyed

within one year of receipt.

(a-5) Each applicant for a Firearm Owner's Identification

Card who is over the age of 18 shall furnish to the Department

of State Police either his or her Illinois driver's license

number or Illinois Identification Card number, except as

provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification

Card, who is employed as a law enforcement officer, an armed

security officer in Illinois, or by the United States Military

permanently assigned in Illinois and who is not an Illinois

resident, shall furnish to the Department of State Police his

or her driver's license number or state identification card

number from his or her state of residence. The Department of

State Police may adopt rules to enforce the provisions of this

subsection (a-10).

(a-15) If an applicant applying for a Firearm Owner's

Identification Card moves from the residence address named in

the application, he or she shall immediately notify in a form

and manner prescribed by the Department of State Police of that

change of address.

(a-20) Each applicant for a Firearm Owner's Identification

Card shall furnish to the Department of State Police his or her

photograph. An applicant who is 21 years of age or older

seeking a religious exemption to the photograph requirement

must furnish with the application an approved copy of United

States Department of the Treasury Internal Revenue Service Form

4029. In lieu of a photograph, an applicant regardless of age

seeking a religious exemption to the photograph requirement

shall submit fingerprints on a form and manner prescribed by

the Department with his or her application.

(b) Each application form shall include the following

statement printed in bold type: "Warning: Entering false

information on an application for a Firearm Owner's

Identification Card is punishable as a Class 2 felony in

accordance with subsection (d-5) of Section 14 of the Firearm

Owners Identification Card Act.".

(c) Upon such written consent, pursuant to Section 4,

paragraph (a)(2)(i), the parent or legal guardian giving the

consent shall be liable for any damages resulting from the

applicant's use of firearms or firearm ammunition.

(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;

98-63, eff. 7-9-13.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. Grounds for denial and revocation. The Department

of State Police has authority to deny an application for or to

revoke and seize a Firearm Owner's Identification Card

previously issued under this Act only if the Department finds

that the applicant or the person to whom such card was issued

is or was at the time of issuance:

(a) A person under 21 years of age who has been

convicted of a misdemeanor other than a traffic offense or

adjudged delinquent;

(b) A person under 21 years of age who does not have

the written consent of his parent or guardian to acquire

and possess firearms and firearm ammunition, or whose

parent or guardian has revoked such written consent, or

where such parent or guardian does not qualify to have a

Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of

this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental health

facility within the past 5 years or a person who has been a

patient in a mental health facility more than 5 years ago

who has not received the certification required under

subsection (u) of this Section. An active law enforcement

officer employed by a unit of government who is denied,

revoked, or has his or her Firearm Owner's Identification

Card seized under this subsection (e) may obtain relief as

described in subsection (c-5) of Section 10 of this Act if

the officer did not act in a manner threatening to the

officer, another person, or the public as determined by the

treating clinical psychologist or physician, and the

officer seeks mental health treatment;

(f) A person whose mental condition is of such a nature

that it poses a clear and present danger to the applicant,

any other person or persons or the community;

(g) A person who has an intellectual disability is

intellectually disabled;

(h) A person who intentionally makes a false statement

in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United

States under the laws of the United States;

(i-5) An alien who has been admitted to the United

States under a non-immigrant visa (as that term is defined

in Section 101(a)(26) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(26))), except that this subsection

(i-5) does not apply to any alien who has been lawfully

admitted to the United States under a non-immigrant visa if

that alien is:

(1) admitted to the United States for lawful

hunting or sporting purposes;

(2) an official representative of a foreign

government who is:

(A) accredited to the United States Government

or the Government's mission to an international

organization having its headquarters in the United

States; or

(B) en route to or from another country to

which that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a friendly

foreign government entering the United States on

official business; or

(5) one who has received a waiver from the Attorney

General of the United States pursuant to 18 U.S.C.

922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5

years of battery, assault, aggravated assault, violation

of an order of protection, or a substantially similar

offense in another jurisdiction, in which a firearm was

used or possessed;

(l) A person who has been convicted of domestic

battery, aggravated domestic battery, or a substantially

similar offense in another jurisdiction committed before,

on or after January 1, 2012 (the effective date of Public

Act 97-158). If the applicant or person who has been

previously issued a Firearm Owner's Identification Card

under this Act knowingly and intelligently waives the right

to have an offense described in this paragraph (l) tried by

a jury, and by guilty plea or otherwise, results in a

conviction for an offense in which a domestic relationship

is not a required element of the offense but in which a

determination of the applicability of 18 U.S.C. 922(g)(9)

is made under Section 112A-11.1 of the Code of Criminal

Procedure of 1963, an entry by the court of a judgment of

conviction for that offense shall be grounds for denying an

application for and for revoking and seizing a Firearm

Owner's Identification Card previously issued to the

person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or

possessing firearms or firearm ammunition by any Illinois

State statute or by federal law;

(o) A minor subject to a petition filed under Section

5-520 of the Juvenile Court Act of 1987 alleging that the

minor is a delinquent minor for the commission of an

offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent

minor under the Juvenile Court Act of 1987 for the

commission of an offense that if committed by an adult

would be a felony;

(q) A person who is not a resident of the State of

Illinois, except as provided in subsection (a-10) of

Section 4;

(r) A person who has been adjudicated as a person with

a mental disability mentally disabled person;

(s) A person who has been found to have a developmental

disability be developmentally disabled;

(t) A person involuntarily admitted into a mental

health facility; or

(u) A person who has had his or her Firearm Owner's

Identification Card revoked or denied under subsection (e)

of this Section or item (iv) of paragraph (2) of subsection

(a) of Section 4 of this Act because he or she was a

patient in a mental health facility as provided in

subsection (e) of this Section, shall not be permitted to

obtain a Firearm Owner's Identification Card, after the

5-year period has lapsed, unless he or she has received a

mental health evaluation by a physician, clinical

psychologist, or qualified examiner as those terms are

defined in the Mental Health and Developmental

Disabilities Code, and has received a certification that he

or she is not a clear and present danger to himself,

herself, or others. The physician, clinical psychologist,

or qualified examiner making the certification and his or

her employer shall not be held criminally, civilly, or

professionally liable for making or not making the

certification required under this subsection, except for

willful or wanton misconduct. This subsection does not

apply to a person whose firearm possession rights have been

restored through administrative or judicial action under

Section 10 or 11 of this Act.

Upon revocation of a person's Firearm Owner's

Identification Card, the Department of State Police shall

provide notice to the person and the person shall comply with

Section 9.5 of this Act.

(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;

98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.

7-16-14.)

(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

Sec. 8.1. Notifications to the Department of State Police.

(a) The Circuit Clerk shall, in the form and manner

required by the Supreme Court, notify the Department of State

Police of all final dispositions of cases for which the

Department has received information reported to it under

Sections 2.1 and 2.2 of the Criminal Identification Act.

(b) Upon adjudication of any individual as a person with a

mental disability mentally disabled person as defined in

Section 1.1 of this Act or a finding that a person has been

involuntarily admitted, the court shall direct the circuit

court clerk to immediately notify the Department of State

Police, Firearm Owner's Identification (FOID) department, and

shall forward a copy of the court order to the Department.

(c) The Department of Human Services shall, in the form and

manner prescribed by the Department of State Police, report all

information collected under subsection (b) of Section 12 of the

Mental Health and Developmental Disabilities Confidentiality

Act for the purpose of determining whether a person who may be

or may have been a patient in a mental health facility is

disqualified under State or federal law from receiving or

retaining a Firearm Owner's Identification Card, or purchasing

a weapon.

(d) If a person is determined to pose a clear and present

danger to himself, herself, or to others:

(1) by a physician, clinical psychologist, or

qualified examiner, or is determined to have a

developmental disability be developmentally disabled by a

physician, clinical psychologist, or qualified examiner,

whether employed by the State or privately, then the

physician, clinical psychologist, or qualified examiner

shall, within 24 hours of making the determination, notify

the Department of Human Services that the person poses a

clear and present danger or has a developmental disability

is developmentally disabled; or

(2) by a law enforcement official or school

administrator, then the law enforcement official or school

administrator shall, within 24 hours of making the

determination, notify the Department of State Police that

the person poses a clear and present danger.

The Department of Human Services shall immediately update

its records and information relating to mental health and

developmental disabilities, and if appropriate, shall notify

the Department of State Police in a form and manner prescribed

by the Department of State Police. The Department of State

Police shall determine whether to revoke the person's Firearm

Owner's Identification Card under Section 8 of this Act. Any

information disclosed under this subsection shall remain

privileged and confidential, and shall not be redisclosed,

except as required under subsection (e) of Section 3.1 of this

Act, nor used for any other purpose. The method of providing

this information shall guarantee that the information is not

released beyond what is necessary for the purpose of this

Section and shall be provided by rule by the Department of

Human Services. The identity of the person reporting under this

Section shall not be disclosed to the subject of the report.

The physician, clinical psychologist, qualified examiner, law

enforcement official, or school administrator making the

determination and his or her employer shall not be held

criminally, civilly, or professionally liable for making or not

making the notification required under this subsection, except

for willful or wanton misconduct.

(e) The Department of State Police shall adopt rules to

implement this Section.

(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; 98-600,

eff. 12-6-13.)

Section 835. The Emergency Evacuation Plan for People with

Disabilities Act is amended by changing Sections 10 and 15 as

follows:

(430 ILCS 130/10)

Sec. 10. Emergency evacuation plan for persons with

disabilities required. By January 1, 2004, every high rise

building owner must establish and maintain an emergency

evacuation plan for occupants of the building who have a

disability and disabled occupants of the building who have

notified the owner of their need for assistance. The evacuation

plan must be established even if the owner has not been

notified of a need for evacuation assistance by an occupant of

the building who has a disability a disabled occupant of the

building. As used in this Act, "high rise building" means any

building 80 feet or more in height. The owner is responsible

for maintaining and updating the plan as necessary to ensure

that the plan continues to comply with the provisions of this

Act.

(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)

(430 ILCS 130/15)

Sec. 15. Plan requirements.

(a) Each plan must establish procedures for evacuating

persons with disabilities from the building in the event of an

emergency, when those persons have notified the owner of their

need for assistance.

(b) Each plan must provide for a list to be maintained of

persons who have notified the owner that they have a disability

they are disabled and would require special assistance in the

event of an emergency. The list must include the unit, office,

or room number location that the person with a disability

disabled person occupies in the building. It is the intent of

this Act that these lists must be maintained for the sole

purpose of emergency evacuation. The lists may not be used or

disseminated for any other purpose.

(c) The plan must provide for a means to notify occupants

of the building that a list identifying persons with a

disability in need of emergency evacuation assistance is

maintained by the owner, and the method by which occupants can

place their name on the list.

(d) In hotels and motels, each plan must provide an

opportunity for a guest to identify himself or herself as a

person with a disability in need of emergency evacuation

assistance.

(e) The plan must identify the location and type of any

evacuation assistance devices or assistive technologies that

are available in the building.

If the plan provides for areas of rescue assistance, the

plan must provide that these areas are to be identified by

signs that state "Area of Rescue Assistance" and display the

international symbol of accessibility. Lettering must be

permanent and must comply with Americans with Disabilities Act

Accessibility Guidelines.

(f) Each plan must include recommended procedures to be

followed by building employees, tenants, or guests to assist

persons with disabilities in need of emergency evacuation

assistance.

(g) A copy of the plan must be maintained at all times in a

place that is easily accessible by law enforcement or fire

safety personnel, such as in the management office of the high

rise building, at the security desk, or in the vicinity of the

fireman's elevator recall key, the life safety panel, or the

fire pump room.

(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)

Section 840. The Illinois Premise Alert Program (PAP) Act

is amended by changing Section 15 as follows:

(430 ILCS 132/15)

Sec. 15. Reporting of Special Needs Individuals.

(a) Public safety agencies and suppliers of oxygen

containers used for medical purposes shall make reasonable

efforts to publicize the Premise Alert Program (PAP) database.

Means of publicizing the database include, but are not limited

to, pamphlets and websites.

(b) Families, caregivers, or the individuals with

disabilities or special needs may contact their local law

enforcement agency or fire department or fire protection

district.

(c) Public safety workers are to be cognizant of special

needs individuals they may come across when they respond to

calls. If workers are able to identify individuals who have

special needs, they shall try to ascertain as specifically as

possible what that special need might be. The public safety

worker should attempt to verify the special need as provided in

item (2) of subsection (d).

(d) The disabled individual's name, date of birth, phone

number, residential address or place of employment of the

individual with a disability, and a description of whether

oxygen canisters are kept at that location for medical purposes

should also be obtained for possible entry into the PAP

database.

(1) Whenever possible, it is preferable that written

permission is obtained from a parent, guardian, family

member, or caregiver of the individual themselves prior to

being entered into the PAP database.

(2) No individual may be entered into a PAP database

unless the special need has been verified. Acceptable means

of verifying a special need for purposes of this program

shall include statements by:

(A) the individual,

(B) family members,

(C) friends,

(D) caregivers, or

(E) medical personnel familiar with the

individual.

(e) For public safety agencies that share the same CAD

database, information collected by one agency serviced by the

CAD database is to be disseminated to all agencies utilizing

that database.

(f) Information received at an incorrect public safety

agency shall be accepted and forwarded to the correct agency as

soon as possible.

(g) All information entered into the PAP database must be

updated every 2 years or when such information changes.

(Source: P.A. 96-788, eff. 8-28-09; 97-333, eff. 8-12-11;

97-476, eff. 8-22-11.)

Section 845. The Animal Control Act is amended by changing

Sections 15 and 15.1 as follows:

(510 ILCS 5/15) (from Ch. 8, par. 365)

Sec. 15. (a) In order to have a dog deemed "vicious", the

Administrator, Deputy Administrator, or law enforcement

officer must give notice of the infraction that is the basis of

the investigation to the owner, conduct a thorough

investigation, interview any witnesses, including the owner,

gather any existing medical records, veterinary medical

records or behavioral evidence, and make a detailed report

recommending a finding that the dog is a vicious dog and give

the report to the States Attorney's Office and the owner. The

Administrator, State's Attorney, Director or any citizen of the

county in which the dog exists may file a complaint in the

circuit court in the name of the People of the State of

Illinois to deem a dog to be a vicious dog. Testimony of a

certified applied behaviorist, a board certified veterinary

behaviorist, or another recognized expert may be relevant to

the court's determination of whether the dog's behavior was

justified. The petitioner must prove the dog is a vicious dog

by clear and convincing evidence. The Administrator shall

determine where the animal shall be confined during the

pendency of the case.

A dog may not be declared vicious if the court determines

the conduct of the dog was justified because:

(1) the threat, injury, or death was sustained by a

person who at the time was committing a crime or offense

upon the owner or custodian of the dog, or was committing a

willful trespass or other tort upon the premises or

property owned or occupied by the owner of the animal;

(2) the injured, threatened, or killed person was

abusing, assaulting, or physically threatening the dog or

its offspring, or has in the past abused, assaulted, or

physically threatened the dog or its offspring; or

(3) the dog was responding to pain or injury, or was

protecting itself, its owner, custodian, or member of its

household, kennel, or offspring.

No dog shall be deemed "vicious" if it is a professionally

trained dog for law enforcement or guard duties. Vicious dogs

shall not be classified in a manner that is specific as to

breed.

If the burden of proof has been met, the court shall deem

the dog to be a vicious dog.

If a dog is found to be a vicious dog, the owner shall pay a

$100 public safety fine to be deposited into the Pet Population

Control Fund, the dog shall be spayed or neutered within 10

days of the finding at the expense of its owner and

microchipped, if not already, and the dog is subject to

enclosure. If an owner fails to comply with these requirements,

the animal control agency shall impound the dog and the owner

shall pay a $500 fine plus impoundment fees to the animal

control agency impounding the dog. The judge has the discretion

to order a vicious dog be euthanized. A dog found to be a

vicious dog shall not be released to the owner until the

Administrator, an Animal Control Warden, or the Director

approves the enclosure. No owner or keeper of a vicious dog

shall sell or give away the dog without approval from the

Administrator or court. Whenever an owner of a vicious dog

relocates, he or she shall notify both the Administrator of

County Animal Control where he or she has relocated and the

Administrator of County Animal Control where he or she formerly

resided.

(b) It shall be unlawful for any person to keep or maintain

any dog which has been found to be a vicious dog unless the dog

is kept in an enclosure. The only times that a vicious dog may

be allowed out of the enclosure are (1) if it is necessary for

the owner or keeper to obtain veterinary care for the dog, (2)

in the case of an emergency or natural disaster where the dog's

life is threatened, or (3) to comply with the order of a court

of competent jurisdiction, provided that the dog is securely

muzzled and restrained with a leash not exceeding 6 feet in

length, and shall be under the direct control and supervision

of the owner or keeper of the dog or muzzled in its residence.

Any dog which has been found to be a vicious dog and which

is not confined to an enclosure shall be impounded by the

Administrator, an Animal Control Warden, or the law enforcement

authority having jurisdiction in such area.

If the owner of the dog has not appealed the impoundment

order to the circuit court in the county in which the animal

was impounded within 15 working days, the dog may be

euthanized.

Upon filing a notice of appeal, the order of euthanasia

shall be automatically stayed pending the outcome of the

appeal. The owner shall bear the burden of timely notification

to animal control in writing.

Guide dogs for the blind or hearing impaired, support dogs

for persons with physical disabilities the physically

handicapped, accelerant detection dogs, and sentry, guard, or

police-owned dogs are exempt from this Section; provided, an

attack or injury to a person occurs while the dog is performing

duties as expected. To qualify for exemption under this

Section, each such dog shall be currently inoculated against

rabies in accordance with Section 8 of this Act. It shall be

the duty of the owner of such exempted dog to notify the

Administrator of changes of address. In the case of a sentry or

guard dog, the owner shall keep the Administrator advised of

the location where such dog will be stationed. The

Administrator shall provide police and fire departments with a

categorized list of such exempted dogs, and shall promptly

notify such departments of any address changes reported to him.

(c) If the animal control agency has custody of the dog,

the agency may file a petition with the court requesting that

the owner be ordered to post security. The security must be in

an amount sufficient to secure payment of all reasonable

expenses expected to be incurred by the animal control agency

or animal shelter in caring for and providing for the dog

pending the determination. Reasonable expenses include, but

are not limited to, estimated medical care and boarding of the

animal for 30 days. If security has been posted in accordance

with this Section, the animal control agency may draw from the

security the actual costs incurred by the agency in caring for

the dog.

(d) Upon receipt of a petition, the court must set a

hearing on the petition, to be conducted within 5 business days

after the petition is filed. The petitioner must serve a true

copy of the petition upon the defendant.

(e) If the court orders the posting of security, the

security must be posted with the clerk of the court within 5

business days after the hearing. If the person ordered to post

security does not do so, the dog is forfeited by operation of

law and the animal control agency must dispose of the animal

through adoption or humane euthanization.

(Source: P.A. 96-1171, eff. 7-22-10.)

(510 ILCS 5/15.1)

Sec. 15.1. Dangerous dog determination.

(a) After a thorough investigation including: sending,

within 10 business days of the Administrator or Director

becoming aware of the alleged infraction, notifications to the

owner of the alleged infractions, the fact of the initiation of

an investigation, and affording the owner an opportunity to

meet with the Administrator or Director prior to the making of

a determination; gathering of any medical or veterinary

evidence; interviewing witnesses; and making a detailed

written report, an animal control warden, deputy

administrator, or law enforcement agent may ask the

Administrator, or his or her designee, or the Director, to deem

a dog to be "dangerous". No dog shall be deemed a "dangerous

dog" unless shown to be a dangerous dog by a preponderance of

evidence. The owner shall be sent immediate notification of the

determination by registered or certified mail that includes a

complete description of the appeal process.

(b) A dog shall not be declared dangerous if the

Administrator, or his or her designee, or the Director

determines the conduct of the dog was justified because:

(1) the threat was sustained by a person who at the

time was committing a crime or offense upon the owner or

custodian of the dog or was committing a willful trespass

or other tort upon the premises or property occupied by the

owner of the animal;

(2) the threatened person was abusing, assaulting, or

physically threatening the dog or its offspring;

(3) the injured, threatened, or killed companion

animal was attacking or threatening to attack the dog or

its offspring; or

(4) the dog was responding to pain or injury or was

protecting itself, its owner, custodian, or a member of its

household, kennel, or offspring.

(c) Testimony of a certified applied behaviorist, a board

certified veterinary behaviorist, or another recognized expert

may be relevant to the determination of whether the dog's

behavior was justified pursuant to the provisions of this

Section.

(d) If deemed dangerous, the Administrator, or his or her

designee, or the Director shall order (i) the dog's owner to

pay a $50 public safety fine to be deposited into the Pet

Population Control Fund, (ii) the dog to be spayed or neutered

within 14 days at the owner's expense and microchipped, if not

already, and (iii) one or more of the following as deemed

appropriate under the circumstances and necessary for the

protection of the public:

(1) evaluation of the dog by a certified applied

behaviorist, a board certified veterinary behaviorist, or

another recognized expert in the field and completion of

training or other treatment as deemed appropriate by the

expert. The owner of the dog shall be responsible for all

costs associated with evaluations and training ordered

under this subsection; or

(2) direct supervision by an adult 18 years of age or

older whenever the animal is on public premises.

(e) The Administrator may order a dangerous dog to be

muzzled whenever it is on public premises in a manner that will

prevent it from biting any person or animal, but that shall not

injure the dog or interfere with its vision or respiration.

(f) Guide dogs for the blind or hearing impaired, support

dogs for persons with a physical disability the physically

handicapped, and sentry, guard, or police-owned dogs are exempt

from this Section; provided, an attack or injury to a person

occurs while the dog is performing duties as expected. To

qualify for exemption under this Section, each such dog shall

be currently inoculated against rabies in accordance with

Section 8 of this Act and performing duties as expected. It

shall be the duty of the owner of the exempted dog to notify

the Administrator of changes of address. In the case of a

sentry or guard dog, the owner shall keep the Administrator

advised of the location where such dog will be stationed. The

Administrator shall provide police and fire departments with a

categorized list of the exempted dogs, and shall promptly

notify the departments of any address changes reported to him

or her.

(g) An animal control agency has the right to impound a

dangerous dog if the owner fails to comply with the

requirements of this Act.

(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)

Section 850. The Humane Care for Animals Act is amended by

changing Sections 2.01c and 7.15 as follows:

(510 ILCS 70/2.01c)

Sec. 2.01c. Service animal. "Service animal" means an

animal trained in obedience and task skills to meet the needs

of a person with a disability disabled person.

(Source: P.A. 92-454, eff. 1-1-02.)

(510 ILCS 70/7.15)

Sec. 7.15. Guide, hearing, and support dogs.

(a) A person may not willfully and maliciously annoy,

taunt, tease, harass, torment, beat, or strike a guide,

hearing, or support dog or otherwise engage in any conduct

directed toward a guide, hearing, or support dog that is likely

to impede or interfere with the dog's performance of its duties

or that places the blind, hearing impaired, or person with a

physical disability physically handicapped person being served

or assisted by the dog in danger of injury.

(b) A person may not willfully and maliciously torture,

injure, or kill a guide, hearing, or support dog.

(c) A person may not willfully and maliciously permit a dog

that is owned, harbored, or controlled by the person to cause

injury to or the death of a guide, hearing, or support dog

while the guide, hearing, or support dog is in discharge of its

duties.

(d) A person convicted of violating this Section is guilty

of a Class A misdemeanor. A second or subsequent violation is a

Class 4 felony. A person convicted of violating subsection (b)

or (c) of this Section is guilty of a Class 4 felony if the dog

is killed or totally disabled, and may be ordered by the court

to make restitution to the person with a disability disabled

person having custody or ownership of the dog for veterinary

bills and replacement costs of the dog.

(Source: P.A. 92-650, eff. 7-11-02.)

Section 855. The Fish and Aquatic Life Code is amended by

changing Sections 15-5 and 20-5 as follows:

(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)

Sec. 15-5. Commercial fisherman; license requirement.

(a) A "commercial fisherman" is defined as any individual

who uses any of the commercial fishing devices as defined by

this Code for the taking of any aquatic life, except mussels,

protected by the terms of this Code.

(b) All commercial fishermen shall have a commercial

fishing license. In addition to a commercial fishing license, a

commercial fisherman shall also obtain a sport fishing license.

All individuals assisting a licensed commercial fisherman in

taking aquatic life, except mussels, from any waters of the

State must have a commercial fishing license unless these

individuals are under the direct supervision of and aboard the

same watercraft as the licensed commercial fisherman. An

individual assisting a licensed commercial fisherman must

first obtain a sport fishing license.

(c) Notwithstanding any other provision of law to the

contrary, blind residents or residents with a disability or

disabled residents may fish with commercial fishing devices

without holding a sports fishing license. For the purpose of

this Section, an individual is blind or has a disability

disabled if that individual has a Class 2 disability as defined

in Section 4A of the Illinois Identification Card Act. For the

purposes of this Section, an Illinois person with a Disability

Identification Card issued under the Illinois Identification

Card Act indicating that the individual named on the card has a

Class 2 disability shall be adequate documentation of a

disability.

(d) Notwithstanding any other provision of law to the

contrary, a veteran who, according to the determination of the

federal Veterans' Administration as certified by the

Department of Veterans' Affairs, is at least 10% disabled with

service-related disabilities or in receipt of total disability

pensions may fish with commercial fishing devices without

holding a sports fishing license during those periods of the

year that it is lawful to fish with commercial fishing devices,

if the respective disabilities do not prevent the veteran from

fishing in a manner that is safe to him or herself and others.

(e) A "Lake Michigan commercial fisherman" is defined as an

individual who resides in this State or an Illinois corporation

who uses any of the commercial fishing devices as defined by

this Code for the taking of aquatic life, except mussels,

protected by the terms of this Code.

(f) For purposes of this Section, an act or omission that

constitutes a violation committed by an officer, employee, or

agent of a corporation shall be deemed the act or omission of

the corporation.

(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15.)

(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)

Sec. 20-5. Necessity of license; exemptions.

(a) Any person taking or attempting to take any fish,

including minnows for commercial purposes, turtles, mussels,

crayfish, or frogs by any means whatever in any waters or lands

wholly or in part within the jurisdiction of the State,

including that part of Lake Michigan under the jurisdiction of

this State, shall first obtain a license to do so, and shall do

so only during the respective periods of the year when it shall

be lawful as provided in this Code. Individuals under 16, blind

residents or residents with a disability or disabled residents,

or individuals fishing at fee fishing areas licensed by the

Department, however, may fish with sport fishing devices

without being required to have a license. For the purpose of

this Section an individual is blind or has a disability

disabled if that individual has a Class 2 disability as defined

in Section 4A of the Illinois Identification Card Act. For

purposes of this Section an Illinois Person with a Disability

Identification Card issued under the Illinois Identification

Card Act indicating that the individual named on the card has a

Class 2 disability shall be adequate documentation of a

disability.

(b) A courtesy non-resident sport fishing license or stamp

may be issued at the discretion of the Director, without fee,

to (i) any individual officially employed in the wildlife and

fish or conservation department of another state or of the

United States who is within the State to assist or consult or

cooperate with the Director or (ii) the officials of other

states, the United States, foreign countries, or officers or

representatives of conservation organizations or publications

while in the State as guests of the Governor or Director.

(c) The Director may issue special fishing permits without

cost to groups of hospital patients or to individuals with

disabilities handicapped individuals for use on specified

dates in connection with supervised fishing for therapy.

(d) Veterans who, according to the determination of the

Veterans' Administration as certified by the Department of

Veterans' Affairs, are at least 10% disabled with

service-related disabilities or in receipt of total disability

pensions may fish with sport fishing devices during those

periods of the year it is lawful to do so without being

required to have a license, on the condition that their

respective disabilities do not prevent them from fishing in a

manner which is safe to themselves and others.

(e) Each year the Director may designate a period, not to

exceed 4 days in duration, when sport fishermen may fish waters

wholly or in part within the jurisdiction of the State,

including that part of Lake Michigan under the jurisdiction of

the State, and not be required to obtain the license or stamp

required by subsection (a) of this Section, Section 20-10 or

subsection (a) of Section 20-55. The term of any such period

shall be established by administrative rule. This subsection

shall not apply to commercial fishing.

(f) The Director may issue special fishing permits without

cost for a group event, restricted to specific dates and

locations if it is determined by the Department that the event

is beneficial in promoting sport fishing in Illinois.

(Source: P.A. 97-1064, eff. 1-1-13.)

Section 860. The Wildlife Code is amended by changing

Sections 2.5, 2.33, and 3.1 as follows:

(520 ILCS 5/2.5)

Sec. 2.5. Crossbow conditions. A person may use a crossbow

if one or more of the following conditions are met:

(1) the user is a person age 62 and older;

(2) the user is a person with a disability handicapped

person to whom the Director has issued a permit to use a

crossbow, as provided by administrative rule; or

(3) the date of using the crossbow is during the period

of the second Monday following the Thanksgiving holiday

through the last day of the archery deer hunting season

(both inclusive) set annually by the Director.

As used in this Section, "person with a disability

handicapped person" means a person who has a physical

impairment due to injury or disease, congenital or acquired,

which renders the person them so severely disabled as to be

unable to use a longbow, recurve bow, or compound bow. Permits

must be issued only after the receipt of a physician's

statement confirming the applicant is a person with a

disability handicapped as defined above.

(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)

(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

Sec. 2.33. Prohibitions.

(a) It is unlawful to carry or possess any gun in any State

refuge unless otherwise permitted by administrative rule.

(b) It is unlawful to use or possess any snare or

snare-like device, deadfall, net, or pit trap to take any

species, except that snares not powered by springs or other

mechanical devices may be used to trap fur-bearing mammals, in

water sets only, if at least one-half of the snare noose is

located underwater at all times.

(c) It is unlawful for any person at any time to take a

wild mammal protected by this Act from its den by means of any

mechanical device, spade, or digging device or to use smoke or

other gases to dislodge or remove such mammal except as

provided in Section 2.37.

(d) It is unlawful to use a ferret or any other small

mammal which is used in the same or similar manner for which

ferrets are used for the purpose of frightening or driving any

mammals from their dens or hiding places.

(e) (Blank).

(f) It is unlawful to use spears, gigs, hooks or any like

device to take any species protected by this Act.

(g) It is unlawful to use poisons, chemicals or explosives

for the purpose of taking any species protected by this Act.

(h) It is unlawful to hunt adjacent to or near any peat,

grass, brush or other inflammable substance when it is burning.

(i) It is unlawful to take, pursue or intentionally harass

or disturb in any manner any wild birds or mammals by use or

aid of any vehicle or conveyance, except as permitted by the

Code of Federal Regulations for the taking of waterfowl. It is

also unlawful to use the lights of any vehicle or conveyance or

any light from or any light connected to the vehicle or

conveyance in any area where wildlife may be found except in

accordance with Section 2.37 of this Act; however, nothing in

this Section shall prohibit the normal use of headlamps for the

purpose of driving upon a roadway. Striped skunk, opossum, red

fox, gray fox, raccoon and coyote may be taken during the open

season by use of a small light which is worn on the body or

hand-held by a person on foot and not in any vehicle.

(j) It is unlawful to use any shotgun larger than 10 gauge

while taking or attempting to take any of the species protected

by this Act.

(k) It is unlawful to use or possess in the field any

shotgun shell loaded with a shot size larger than lead BB or

steel T (.20 diameter) when taking or attempting to take any

species of wild game mammals (excluding white-tailed deer),

wild game birds, migratory waterfowl or migratory game birds

protected by this Act, except white-tailed deer as provided for

in Section 2.26 and other species as provided for by subsection

(l) or administrative rule.

(l) It is unlawful to take any species of wild game, except

white-tailed deer and fur-bearing mammals, with a shotgun

loaded with slugs unless otherwise provided for by

administrative rule.

(m) It is unlawful to use any shotgun capable of holding

more than 3 shells in the magazine or chamber combined, except

on game breeding and hunting preserve areas licensed under

Section 3.27 and except as permitted by the Code of Federal

Regulations for the taking of waterfowl. If the shotgun is

capable of holding more than 3 shells, it shall, while being

used on an area other than a game breeding and shooting

preserve area licensed pursuant to Section 3.27, be fitted with

a one piece plug that is irremovable without dismantling the

shotgun or otherwise altered to render it incapable of holding

more than 3 shells in the magazine and chamber, combined.

(n) It is unlawful for any person, except persons who

possess a permit to hunt from a vehicle as provided in this

Section and persons otherwise permitted by law, to have or

carry any gun in or on any vehicle, conveyance or aircraft,

unless such gun is unloaded and enclosed in a case, except that

at field trials authorized by Section 2.34 of this Act,

unloaded guns or guns loaded with blank cartridges only, may be

carried on horseback while not contained in a case, or to have

or carry any bow or arrow device in or on any vehicle unless

such bow or arrow device is unstrung or enclosed in a case, or

otherwise made inoperable.

(o) It is unlawful to use any crossbow for the purpose of

taking any wild birds or mammals, except as provided for in

Section 2.5.

(p) It is unlawful to take game birds, migratory game birds

or migratory waterfowl with a rifle, pistol, revolver or

airgun.

(q) It is unlawful to fire a rifle, pistol, revolver or

airgun on, over or into any waters of this State, including

frozen waters.

(r) It is unlawful to discharge any gun or bow and arrow

device along, upon, across, or from any public right-of-way or

highway in this State.

(s) It is unlawful to use a silencer or other device to

muffle or mute the sound of the explosion or report resulting

from the firing of any gun.

(t) It is unlawful for any person to take or attempt to

take any species of wildlife or parts thereof, intentionally or

wantonly allow a dog to hunt, within or upon the land of

another, or upon waters flowing over or standing on the land of

another, or to knowingly shoot a gun or bow and arrow device at

any wildlife physically on or flying over the property of

another without first obtaining permission from the owner or

the owner's designee. For the purposes of this Section, the

owner's designee means anyone who the owner designates in a

written authorization and the authorization must contain (i)

the legal or common description of property for such authority

is given, (ii) the extent that the owner's designee is

authorized to make decisions regarding who is allowed to take

or attempt to take any species of wildlife or parts thereof,

and (iii) the owner's notarized signature. Before enforcing

this Section the law enforcement officer must have received

notice from the owner or the owner's designee of a violation of

this Section. Statements made to the law enforcement officer

regarding this notice shall not be rendered inadmissible by the

hearsay rule when offered for the purpose of showing the

required notice.

(u) It is unlawful for any person to discharge any firearm

for the purpose of taking any of the species protected by this

Act, or hunt with gun or dog, or intentionally or wantonly

allow a dog to hunt, within 300 yards of an inhabited dwelling

without first obtaining permission from the owner or tenant,

except that while trapping, hunting with bow and arrow, hunting

with dog and shotgun using shot shells only, or hunting with

shotgun using shot shells only, or providing outfitting

services under a waterfowl outfitter permit, or on licensed

game breeding and hunting preserve areas, as defined in Section

3.27, on federally owned and managed lands and on Department

owned, managed, leased, or controlled lands, a 100 yard

restriction shall apply.

(v) It is unlawful for any person to remove fur-bearing

mammals from, or to move or disturb in any manner, the traps

owned by another person without written authorization of the

owner to do so.

(w) It is unlawful for any owner of a dog to knowingly or

wantonly allow his or her dog to pursue, harass or kill deer,

except that nothing in this Section shall prohibit the tracking

of wounded deer with a dog in accordance with the provisions of

Section 2.26 of this Code.

(x) It is unlawful for any person to wantonly or carelessly

injure or destroy, in any manner whatsoever, any real or

personal property on the land of another while engaged in

hunting or trapping thereon.

(y) It is unlawful to hunt wild game protected by this Act

between one half hour after sunset and one half hour before

sunrise, except that hunting hours between one half hour after

sunset and one half hour before sunrise may be established by

administrative rule for fur-bearing mammals.

(z) It is unlawful to take any game bird (excluding wild

turkeys and crippled pheasants not capable of normal flight and

otherwise irretrievable) protected by this Act when not flying.

Nothing in this Section shall prohibit a person from carrying

an uncased, unloaded shotgun in a boat, while in pursuit of a

crippled migratory waterfowl that is incapable of normal

flight, for the purpose of attempting to reduce the migratory

waterfowl to possession, provided that the attempt is made

immediately upon downing the migratory waterfowl and is done

within 400 yards of the blind from which the migratory

waterfowl was downed. This exception shall apply only to

migratory game birds that are not capable of normal flight.

Migratory waterfowl that are crippled may be taken only with a

shotgun as regulated by subsection (j) of this Section using

shotgun shells as regulated in subsection (k) of this Section.

(aa) It is unlawful to use or possess any device that may

be used for tree climbing or cutting, while hunting fur-bearing

mammals, excluding coyotes.

(bb) It is unlawful for any person, except licensed game

breeders, pursuant to Section 2.29 to import, carry into, or

possess alive in this State any species of wildlife taken

outside of this State, without obtaining permission to do so

from the Director.

(cc) It is unlawful for any person to have in his or her

possession any freshly killed species protected by this Act

during the season closed for taking.

(dd) It is unlawful to take any species protected by this

Act and retain it alive except as provided by administrative

rule.

(ee) It is unlawful to possess any rifle while in the field

during gun deer season except as provided in Section 2.26 and

administrative rules.

(ff) It is unlawful for any person to take any species

protected by this Act, except migratory waterfowl, during the

gun deer hunting season in those counties open to gun deer

hunting, unless he or she wears, when in the field, a cap and

upper outer garment of a solid blaze orange color, with such

articles of clothing displaying a minimum of 400 square inches

of blaze orange material.

(gg) It is unlawful during the upland game season for any

person to take upland game with a firearm unless he or she

wears, while in the field, a cap of solid blaze orange color.

For purposes of this Act, upland game is defined as Bobwhite

Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

Cottontail and Swamp Rabbit.

(hh) It shall be unlawful to kill or cripple any species

protected by this Act for which there is a bag limit without

making a reasonable effort to retrieve such species and include

such in the bag limit. It shall be unlawful for any person

having control over harvested game mammals, game birds, or

migratory game birds for which there is a bag limit to wantonly

waste or destroy the usable meat of the game, except this shall

not apply to wildlife taken under Sections 2.37 or 3.22 of this

Code. For purposes of this subsection, "usable meat" means the

breast meat of a game bird or migratory game bird and the hind

ham and front shoulders of a game mammal. It shall be unlawful

for any person to place, leave, dump, or abandon a wildlife

carcass or parts of it along or upon a public right-of-way or

highway or on public or private property, including a waterway

or stream, without the permission of the owner or tenant. It

shall not be unlawful to discard game meat that is determined

to be unfit for human consumption.

(ii) This Section shall apply only to those species

protected by this Act taken within the State. Any species or

any parts thereof, legally taken in and transported from other

states or countries, may be possessed within the State, except

as provided in this Section and Sections 2.35, 2.36 and 3.21.

(jj) (Blank).

(kk) Nothing contained in this Section shall prohibit the

Director from issuing permits to paraplegics or to other

persons with disabilities disabled persons who meet the

requirements set forth in administrative rule to shoot or hunt

from a vehicle as provided by that rule, provided that such is

otherwise in accord with this Act.

(ll) Nothing contained in this Act shall prohibit the

taking of aquatic life protected by the Fish and Aquatic Life

Code or birds and mammals protected by this Act, except deer

and fur-bearing mammals, from a boat not camouflaged or

disguised to alter its identity or to further provide a place

of concealment and not propelled by sail or mechanical power.

However, only shotguns not larger than 10 gauge nor smaller

than .410 bore loaded with not more than 3 shells of a shot

size no larger than lead BB or steel T (.20 diameter) may be

used to take species protected by this Act.

(mm) Nothing contained in this Act shall prohibit the use

of a shotgun, not larger than 10 gauge nor smaller than a 20

gauge, with a rifled barrel.

(nn) It shall be unlawful to possess any species of

wildlife or wildlife parts taken unlawfully in Illinois, any

other state, or any other country, whether or not the wildlife

or wildlife parts is indigenous to Illinois. For the purposes

of this subsection, the statute of limitations for unlawful

possession of wildlife or wildlife parts shall not cease until

2 years after the possession has permanently ended.

(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;

98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;

98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.

1-1-15.)

(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)

Sec. 3.1. License and stamps required.

(a) Before any person shall take or attempt to take any of

the species protected by Section 2.2 for which an open season

is established under this Act, he shall first have procured and

possess a valid hunting license, except as provided in Section

3.1-5 of this Code.

Before any person 16 years of age or older shall take or

attempt to take any bird of the species defined as migratory

waterfowl by Section 2.2, including coots, he shall first have

procured a State Migratory Waterfowl Stamp.

Before any person 16 years of age or older takes, attempts

to take, or pursues any species of wildlife protected by this

Code, except migratory waterfowl, coots, and hand-reared birds

on licensed game breeding and hunting preserve areas and state

controlled pheasant hunting areas, he or she shall first obtain

a State Habitat Stamp. Veterans with disabilities Disabled

veterans and former prisoners of war shall not be required to

obtain State Habitat Stamps. Any person who obtained a lifetime

license before January 1, 1993, shall not be required to obtain

State Habitat Stamps. Income from the sale of State Furbearer

Stamps and State Pheasant Stamps received after the effective

date of this amendatory Act of 1992 shall be deposited into the

State Furbearer Fund and State Pheasant Fund, respectively.

Before any person 16 years of age or older shall take,

attempt to take, or sell the green hide of any mammal of the

species defined as fur-bearing mammals by Section 2.2 for which

an open season is established under this Act, he shall first

have procured a State Habitat Stamp.

(b) Before any person who is a non-resident of the State of

Illinois shall take or attempt to take any of the species

protected by Section 2.2 for which an open season is

established under this Act, he shall, unless specifically

exempted by law, first procure a non-resident license as

provided by this Act for the taking of any wild game.

Before a nonresident shall take or attempt to take

white-tailed deer, he shall first have procured a Deer Hunting

Permit as defined in Section 2.26 of this Code.

Before a nonresident shall take or attempt to take wild

turkeys, he shall have procured a Wild Turkey Hunting Permit as

defined in Section 2.11 of this Code.

(c) The owners residing on, or bona fide tenants of, farm

lands and their children, parents, brothers, and sisters

actually permanently residing on their lands shall have the

right to hunt any of the species protected by Section 2.2 upon

their lands and waters without procuring hunting licenses; but

the hunting shall be done only during periods of time and with

devices and by methods as are permitted by this Act. Any person

on active duty with the Armed Forces of the United States who

is now and who was at the time of entering the Armed Forces a

resident of Illinois and who entered the Armed Forces from this

State, and who is presently on ordinary or emergency leave from

the Armed Forces, and any resident of Illinois who has a

disability is disabled may hunt any of the species protected by

Section 2.2 without procuring a hunting license, but the

hunting shall be done only during such periods of time and with

devices and by methods as are permitted by this Act. For the

purpose of this Section a person is a person with a disability

disabled when that person has a Type 1 or Type 4, Class 2

disability as defined in Section 4A of the Illinois

Identification Card Act. For purposes of this Section, an

Illinois Person with a Disability Identification Card issued

pursuant to the Illinois Identification Card Act indicating

that the person named has a Type 1 or Type 4, Class 2

disability shall be adequate documentation of the disability.

(d) A courtesy non-resident license, permit, or stamp for

taking game may be issued at the discretion of the Director,

without fee, to any person officially employed in the game and

fish or conservation department of another state or of the

United States who is within the State to assist or consult or

cooperate with the Director; or to the officials of other

states, the United States, foreign countries, or officers or

representatives of conservation organizations or publications

while in the State as guests of the Governor or Director. The

Director may provide to nonresident participants and official

gunners at field trials an exemption from licensure while

participating in a field trial.

(e) State Migratory Waterfowl Stamps shall be required for

those persons qualifying under subsections (c) and (d) who

intend to hunt migratory waterfowl, including coots, to the

extent that hunting licenses of the various types are

authorized and required by this Section for those persons.

(f) Registration in the U.S. Fish and Wildlife Migratory

Bird Harvest Information Program shall be required for those

persons who are required to have a hunting license before

taking or attempting to take any bird of the species defined as

migratory game birds by Section 2.2, except that this

subsection shall not apply to crows in this State or

hand-reared birds on licensed game breeding and hunting

preserve areas, for which an open season is established by this

Act. Persons registering with the Program must carry proof of

registration with them while migratory bird hunting.

The Department shall publish suitable prescribed

regulations pertaining to registration by the migratory bird

hunter in the U.S. Fish and Wildlife Service Migratory Bird

Harvest Information Program.

(Source: P.A. 96-1226, eff. 1-1-11; 97-1064, eff. 1-1-13.)

Section 865. The Illinois Vehicle Code is amended by

changing Sections 3-609, 3-611, 3-616, 3-623, 3-626, 3-667,

3-683, 3-806.3, 6-205, 6-206, 11-208, 11-209, 11-501.7,

11-1301.1, 11-1301.2, 11-1301.3, 11-1301.4, 11-1301.5,

11-1301.6, 11-1301.7, and 12-401 as follows:

(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)

Sec. 3-609. Plates for Veterans with Disabilities Disabled

Veterans' Plates.

(a) Any veteran who holds proof of a service-connected

disability from the United States Department of Veterans

Affairs, and who has obtained certification from a licensed

physician, physician assistant, or advanced practice nurse

that the service-connected disability qualifies the veteran

for issuance of registration plates or decals to a person with

disabilities in accordance with Section 3-616, may, without the

payment of any registration fee, make application to the

Secretary of State for license plates for veterans with

disabilities disabled veterans license plates displaying the

international symbol of access, for the registration of one

motor vehicle of the first division or one motor vehicle of the

second division weighing not more than 8,000 pounds.

(b) Any veteran who holds proof of a service-connected

disability from the United States Department of Veterans

Affairs, and whose degree of disability has been declared to be

50% or more, but whose disability does not qualify the veteran

for a plate or decal for persons with disabilities under

Section 3-616, may, without the payment of any registration

fee, make application to the Secretary for a special

registration plate without the international symbol of access

for the registration of one motor vehicle of the first division

or one motor vehicle of the second division weighing not more

than 8,000 pounds.

(c) Renewal of such registration must be accompanied with

documentation for eligibility of registration without fee

unless the applicant has a permanent qualifying disability, and

such registration plates may not be issued to any person not

eligible therefor. The Illinois Department of Veterans'

Affairs may assist in providing the documentation of

disability.

(d) The design and color of the plates shall be within the

discretion of the Secretary, except that the plates issued

under subsection (b) of this Section shall not contain the

international symbol of access. The Secretary may, in his or

her discretion, allow the plates to be issued as vanity or

personalized plates in accordance with Section 3-405.1 of this

Code. Registration shall be for a multi-year period and may be

issued staggered registration.

(e) Any person eligible to receive license plates under

this Section who has been approved for benefits under the

Senior Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act, or who has claimed and received a

grant under that Act, shall pay a fee of $24 instead of the fee

otherwise provided in this Code for passenger cars displaying

standard multi-year registration plates issued under Section

3-414.1, for motor vehicles registered at 8,000 pounds or less

under Section 3-815(a), or for recreational vehicles

registered at 8,000 pounds or less under Section 3-815(b), for

a second set of plates under this Section.

(Source: P.A. 97-689, eff. 6-14-12; 97-918, eff. 1-1-13;

98-463, eff. 8-16-13.)

(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)

Sec. 3-611. Special designations. The Secretary of State,

in his discretion, may make special designations of certain

designs or combinations of designs, or alphabetical letters or

combination of letters, or colors or combination of colors

pertaining to registration plates issued to vehicles owned by

governmental agencies, vehicles owned and registered by State

and federal elected officials, retired Illinois Supreme Court

justices, and appointed federal cabinet officials, vehicles

operated by taxi or livery businesses, operated in connection

with mileage weight registrations, or operated by a dealer,

transporter, or manufacturer as the Secretary of State may deem

necessary for the proper administration of this Act. In the

case of registration plates issued for vehicles operated by or

for persons with disabilities, as defined by Section 1-159.1,

under Section 3-616 of this Act, the Secretary of State, upon

request, shall make such special designations so that

automobiles bearing such plates are easily recognizable thru

use of the international accessibility symbol as automobiles

driven by or for such persons. In the case of registration

plates issued for vehicles operated by a person with a

disability disabled person with a type four hearing disability,

as defined pursuant to Section 4A of The Illinois

Identification Card Act, the Secretary of State, upon request,

shall make such special designations so that a motor vehicle

bearing such plate is easily recognizable by a special symbol

indicating that such vehicle is driven by a person with a

hearing disability. Registration plates issued to a person who

is deaf or hard of hearing under this Section shall not entitle

a motor vehicle bearing such plates to those parking privileges

established for persons with disabilities under this Code. In

the case of registration plates issued for State owned

vehicles, they shall be manufactured in compliance with Section

2 of "An Act relating to identification and use of motor

vehicles of the State, approved August 9, 1951, as amended". In

the case of plates issued for State officials, such plates may

be issued for a 2 year period beginning January 1st of each

odd-numbered year and ending December 31st of the subsequent

even-numbered year.

(Source: P.A. 87-829; 87-832; 87-1249; 88-685, eff. 1-24-95.)

(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)

Sec. 3-616. Disability license plates.

(a) Upon receiving an application for a certificate of

registration for a motor vehicle of the first division or for a

motor vehicle of the second division weighing no more than

8,000 pounds, accompanied with payment of the registration fees

required under this Code from a person with disabilities or a

person who is deaf or hard of hearing, the Secretary of State,

if so requested, shall issue to such person registration plates

as provided for in Section 3-611, provided that the person with

disabilities or person who is deaf or hard of hearing must not

be disqualified from obtaining a driver's license under

subsection 8 of Section 6-103 of this Code, and further

provided that any person making such a request must submit a

statement, certified by a licensed physician, by a physician

assistant who has been delegated the authority to make this

certification by his or her supervising physician, or by an

advanced practice nurse who has a written collaborative

agreement with a collaborating physician that authorizes the

advanced practice nurse to make this certification, to the

effect that such person is a person with disabilities as

defined by Section 1-159.1 of this Code, or alternatively

provide adequate documentation that such person has a Class 1A,

Class 2A or Type Four disability under the provisions of

Section 4A of the Illinois Identification Card Act. For

purposes of this Section, an Illinois Person with a Disability

Identification Card issued pursuant to the Illinois

Identification Card Act indicating that the person thereon

named has a disability shall be adequate documentation of such

a disability.

(b) The Secretary shall issue plates under this Section to

a parent or legal guardian of a person with disabilities if the

person with disabilities has a Class 1A or Class 2A disability

as defined in Section 4A of the Illinois Identification Card

Act or is a person with disabilities as defined by Section

1-159.1 of this Code, and does not possess a vehicle registered

in his or her name, provided that the person with disabilities

relies frequently on the parent or legal guardian for

transportation. Only one vehicle per family may be registered

under this subsection, unless the applicant can justify in

writing the need for one additional set of plates. Any person

requesting special plates under this subsection shall submit

such documentation or such physician's, physician assistant's,

or advanced practice nurse's statement as is required in

subsection (a) and a statement describing the circumstances

qualifying for issuance of special plates under this

subsection. An optometrist may certify a Class 2A Visual

Disability, as defined in Section 4A of the Illinois

Identification Card Act, for the purpose of qualifying a person

with disabilities for special plates under this subsection.

(c) The Secretary may issue a parking decal or device to a

person with disabilities as defined by Section 1-159.1 without

regard to qualification of such person with disabilities for a

driver's license or registration of a vehicle by such person

with disabilities or such person's immediate family, provided

such person with disabilities making such a request has been

issued an Illinois Person with a Disability Identification Card

indicating that the person named thereon has a Class 1A or

Class 2A disability, or alternatively, submits a statement

certified by a licensed physician, or by a physician assistant

or an advanced practice nurse as provided in subsection (a), to

the effect that such person is a person with disabilities as

defined by Section 1-159.1. An optometrist may certify a Class

2A Visual Disability as defined in Section 4A of the Illinois

Identification Card Act for the purpose of qualifying a person

with disabilities for a parking decal or device under this

subsection.

(d) The Secretary shall prescribe by rules and regulations

procedures to certify or re-certify as necessary the

eligibility of persons whose disabilities are other than

permanent for special plates or parking decals or devices

issued under subsections (a), (b) and (c). Except as provided

under subsection (f) of this Section, no such special plates,

decals or devices shall be issued by the Secretary of State to

or on behalf of any person with disabilities unless such person

is certified as meeting the definition of a person with

disabilities pursuant to Section 1-159.1 or meeting the

requirement of a Type Four disability as provided under Section

4A of the Illinois Identification Card Act for the period of

time that the physician, or the physician assistant or advanced

practice nurse as provided in subsection (a), determines the

applicant will have the disability, but not to exceed 6 months

from the date of certification or recertification.

(e) Any person requesting special plates under this Section

may also apply to have the special plates personalized, as

provided under Section 3-405.1.

(f) The Secretary of State, upon application, shall issue

disability registration plates or a parking decal to

corporations, school districts, State or municipal agencies,

limited liability companies, nursing homes, convalescent

homes, or special education cooperatives which will transport

persons with disabilities. The Secretary shall prescribe by

rule a means to certify or re-certify the eligibility of

organizations to receive disability plates or decals and to

designate which of the 2 person with disabilities emblems shall

be placed on qualifying vehicles.

(g) The Secretary of State, or his designee, may enter into

agreements with other jurisdictions, including foreign

jurisdictions, on behalf of this State relating to the

extension of parking privileges by such jurisdictions to

permanently disabled residents of this State with disabilities

who display a special license plate or parking device that

contains the International symbol of access on his or her motor

vehicle, and to recognize such plates or devices issued by such

other jurisdictions. This State shall grant the same parking

privileges which are granted to disabled residents of this

State with disabilities to any non-resident whose motor vehicle

is licensed in another state, district, territory or foreign

country if such vehicle displays the international symbol of

access or a distinguishing insignia on license plates or

parking device issued in accordance with the laws of the

non-resident's state, district, territory or foreign country.

(Source: P.A. 97-1064, eff. 1-1-13.)

(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)

Sec. 3-623. Purple Heart Plates.

(a) The Secretary, upon receipt of an application made in

the form prescribed by the Secretary of State, may issue to

recipients awarded the Purple Heart by a branch of the armed

forces of the United States who reside in Illinois, special

registration plates. The Secretary, upon receipt of the proper

application, may also issue these special registration plates

to an Illinois resident who is the surviving spouse of a person

who was awarded the Purple Heart by a branch of the armed

forces of the United States. The special plates issued pursuant

to this Section should be affixed only to passenger vehicles of

the 1st division, including motorcycles, or motor vehicles of

the 2nd division weighing not more than 8,000 pounds. The

Secretary may, in his or her discretion, allow the plates to be

issued as vanity or personalized plates in accordance with

Section 3-405.1 of this Code. The Secretary of State must make

a version of the special registration plates authorized under

this Section in a form appropriate for motorcycles.

(b) The design and color of such plates shall be wholly

within the discretion of the Secretary of State. Appropriate

documentation, as determined by the Secretary, and the

appropriate registration fee shall accompany the application,

except:

(1) a person eligible to be issued Purple Heart plates

may display the plates on one vehicle without the payment

of any registration or registration renewal fee; and

(2) for an individual who has been issued Purple Heart

plates for an additional vehicle and who has been approved

for benefits under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act, the

annual fee for the registration of the vehicle shall be as

provided in Section 3-806.3 of this Code.

(Source: P.A. 97-689, eff. 6-14-12; 98-902, eff. 1-1-15.)

(625 ILCS 5/3-626)

Sec. 3-626. Korean War Veteran license plates.

(a) In addition to any other special license plate, the

Secretary, upon receipt of all applicable fees and applications

made in the form prescribed by the Secretary of State, may

issue special registration plates designated as Korean War

Veteran license plates to residents of Illinois who

participated in the United States Armed Forces during the

Korean War. The special plate issued under this Section shall

be affixed only to passenger vehicles of the first division,

motorcycles, motor vehicles of the second division weighing not

more than 8,000 pounds, and recreational vehicles as defined by

Section 1-169 of this Code. Plates issued under this Section

shall expire according to the staggered multi-year procedure

established by Section 3-414.1 of this Code.

(b) The design, color, and format of the plates shall be

wholly within the discretion of the Secretary of State. The

Secretary may, in his or her discretion, allow the plates to be

issued as vanity plates or personalized in accordance with

Section 3-405.1 of this Code. The plates are not required to

designate "Land Of Lincoln", as prescribed in subsection (b) of

Section 3-412 of this Code. The Secretary shall prescribe the

eligibility requirements and, in his or her discretion, shall

approve and prescribe stickers or decals as provided under

Section 3-412.

(c) (Blank).

(d) The Korean War Memorial Construction Fund is created as

a special fund in the State treasury. All moneys in the Korean

War Memorial Construction Fund shall, subject to

appropriation, be used by the Department of Veteran Affairs to

provide grants for construction of the Korean War Memorial to

be located at Oak Ridge Cemetery in Springfield, Illinois. Upon

the completion of the Memorial, the Department of Veteran

Affairs shall certify to the State Treasurer that the

construction of the Memorial has been completed. Upon the

certification by the Department of Veteran Affairs, the State

Treasurer shall transfer all moneys in the Fund and any future

deposits into the Fund into the Secretary of State Special

License Plate Fund.

(e) An individual who has been issued Korean War Veteran

license plates for a vehicle and who has been approved for

benefits under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act shall pay

the original issuance and the regular annual fee for the

registration of the vehicle as provided in Section 3-806.3 of

this Code in addition to the fees specified in subsection (c)

of this Section.

(Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)

(625 ILCS 5/3-667)

Sec. 3-667. Korean Service license plates.

(a) In addition to any other special license plate, the

Secretary, upon receipt of all applicable fees and applications

made in the form prescribed by the Secretary of State, may

issue special registration plates designated as Korean Service

license plates to residents of Illinois who, on or after July

27, 1954, participated in the United States Armed Forces in

Korea. The special plate issued under this Section shall be

affixed only to passenger vehicles of the first division,

motorcycles, motor vehicles of the second division weighing not

more than 8,000 pounds, and recreational vehicles as defined by

Section 1-169 of this Code. Plates issued under this Section

shall expire according to the staggered multi-year procedure

established by Section 3-414.1 of this Code.

(b) The design, color, and format of the plates shall be

wholly within the discretion of the Secretary of State. The

Secretary may, in his or her discretion, allow the plates to be

issued as vanity or personalized plates in accordance with

Section 3-405.1 of this Code. The plates are not required to

designate "Land of Lincoln", as prescribed in subsection (b) of

Section 3-412 of this Code. The Secretary shall prescribe the

eligibility requirements and, in his or her discretion, shall

approve and prescribe stickers or decals as provided under

Section 3-412.

(c) An applicant shall be charged a $2 fee for original

issuance in addition to the applicable registration fee. This

additional fee shall be deposited into the Korean War Memorial

Construction Fund a special fund in the State treasury.

(d) An individual who has been issued Korean Service

license plates for a vehicle and who has been approved for

benefits under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act shall pay

the original issuance and the regular annual fee for the

registration of the vehicle as provided in Section 3-806.3 of

this Code in addition to the fees specified in subsection (c)

of this Section.

(Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)

(625 ILCS 5/3-683)

Sec. 3-683. Distinguished Service Cross license plates.

The Secretary, upon receipt of an application made in the form

prescribed by the Secretary of State, shall issue special

registration plates to any Illinois resident who has been

awarded the Distinguished Service Cross by a branch of the

armed forces of the United States. The Secretary, upon receipt

of the proper application, shall also issue these special

registration plates to an Illinois resident who is the

surviving spouse of a person who was awarded the Distinguished

Service Cross by a branch of the armed forces of the United

States. The special plates issued under this Section should be

affixed only to passenger vehicles of the first division,

including motorcycles, or motor vehicles of the second division

weighing not more than 8,000 pounds.

The design and color of the plates shall be wholly within

the discretion of the Secretary of State. Appropriate

documentation, as determined by the Secretary, and the

appropriate registration fee shall accompany the application.

However, for an individual who has been issued Distinguished

Service Cross plates for a vehicle and who has been approved

for benefits under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act, the

annual fee for the registration of the vehicle shall be as

provided in Section 3-806.3 of this Code.

(Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)

(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)

Sec. 3-806.3. Senior Citizens. Commencing with the 2009

registration year, the registration fee paid by any vehicle

owner who has been approved for benefits under the Senior

Citizens and Persons with Disabilities Disabled Persons

Property Tax Relief Act or who is the spouse of such a person

shall be $24 instead of the fee otherwise provided in this Code

for passenger cars displaying standard multi-year registration

plates issued under Section 3-414.1, motor vehicles displaying

special registration plates issued under Section 3-609, 3-616,

3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642,

3-645, 3-647, 3-650, 3-651, or 3-663, motor vehicles registered

at 8,000 pounds or less under Section 3-815(a), and

recreational vehicles registered at 8,000 pounds or less under

Section 3-815(b). Widows and widowers of claimants shall also

be entitled to this reduced registration fee for the

registration year in which the claimant was eligible.

Commencing with the 2009 registration year, the

registration fee paid by any vehicle owner who has claimed and

received a grant under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act or who is

the spouse of such a person shall be $24 instead of the fee

otherwise provided in this Code for passenger cars displaying

standard multi-year registration plates issued under Section

3-414.1, motor vehicles displaying special registration plates

issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,

3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,

3-651, 3-663, or 3-664, motor vehicles registered at 8,000

pounds or less under Section 3-815(a), and recreational

vehicles registered at 8,000 pounds or less under Section

3-815(b). Widows and widowers of claimants shall also be

entitled to this reduced registration fee for the registration

year in which the claimant was eligible.

No more than one reduced registration fee under this

Section shall be allowed during any 12 month period based on

the primary eligibility of any individual, whether such reduced

registration fee is allowed to the individual or to the spouse,

widow or widower of such individual. This Section does not

apply to the fee paid in addition to the registration fee for

motor vehicles displaying vanity or special license plates.

(Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)

(625 ILCS 5/6-205)

Sec. 6-205. Mandatory revocation of license or permit;

Hardship cases.

(a) Except as provided in this Section, the Secretary of

State shall immediately revoke the license, permit, or driving

privileges of any driver upon receiving a report of the

driver's conviction of any of the following offenses:

1. Reckless homicide resulting from the operation of a

motor vehicle;

2. Violation of Section 11-501 of this Code or a

similar provision of a local ordinance relating to the

offense of operating or being in physical control of a

vehicle while under the influence of alcohol, other drug or

drugs, intoxicating compound or compounds, or any

combination thereof;

3. Any felony under the laws of any State or the

federal government in the commission of which a motor

vehicle was used;

4. Violation of Section 11-401 of this Code relating to

the offense of leaving the scene of a traffic accident

involving death or personal injury;

5. Perjury or the making of a false affidavit or

statement under oath to the Secretary of State under this

Code or under any other law relating to the ownership or

operation of motor vehicles;

6. Conviction upon 3 charges of violation of Section

11-503 of this Code relating to the offense of reckless

driving committed within a period of 12 months;

7. Conviction of any offense defined in Section 4-102

of this Code;

8. Violation of Section 11-504 of this Code relating to

the offense of drag racing;

9. Violation of Chapters 8 and 9 of this Code;

10. Violation of Section 12-5 of the Criminal Code of

1961 or the Criminal Code of 2012 arising from the use of a

motor vehicle;

11. Violation of Section 11-204.1 of this Code relating

to aggravated fleeing or attempting to elude a peace

officer;

12. Violation of paragraph (1) of subsection (b) of

Section 6-507, or a similar law of any other state,

relating to the unlawful operation of a commercial motor

vehicle;

13. Violation of paragraph (a) of Section 11-502 of

this Code or a similar provision of a local ordinance if

the driver has been previously convicted of a violation of

that Section or a similar provision of a local ordinance

and the driver was less than 21 years of age at the time of

the offense;

14. Violation of paragraph (a) of Section 11-506 of

this Code or a similar provision of a local ordinance

relating to the offense of street racing;

15. A second or subsequent conviction of driving while

the person's driver's license, permit or privileges was

revoked for reckless homicide or a similar out-of-state

offense;

16. Any offense against any provision in this Code, or

any local ordinance, regulating the movement of traffic

when that offense was the proximate cause of the death of

any person. Any person whose driving privileges have been

revoked pursuant to this paragraph may seek to have the

revocation terminated or to have the length of revocation

reduced by requesting an administrative hearing with the

Secretary of State prior to the projected driver's license

application eligibility date;

17. Violation of subsection (a-2) of Section 11-1301.3

of this Code or a similar provision of a local ordinance;

18. A second or subsequent conviction of illegal

possession, while operating or in actual physical control,

as a driver, of a motor vehicle, of any controlled

substance prohibited under the Illinois Controlled

Substances Act, any cannabis prohibited under the Cannabis

Control Act, or any methamphetamine prohibited under the

Methamphetamine Control and Community Protection Act. A

defendant found guilty of this offense while operating a

motor vehicle shall have an entry made in the court record

by the presiding judge that this offense did occur while

the defendant was operating a motor vehicle and order the

clerk of the court to report the violation to the Secretary

of State.

(b) The Secretary of State shall also immediately revoke

the license or permit of any driver in the following

situations:

1. Of any minor upon receiving the notice provided for

in Section 5-901 of the Juvenile Court Act of 1987 that the

minor has been adjudicated under that Act as having

committed an offense relating to motor vehicles prescribed

in Section 4-103 of this Code;

2. Of any person when any other law of this State

requires either the revocation or suspension of a license

or permit;

3. Of any person adjudicated under the Juvenile Court

Act of 1987 based on an offense determined to have been

committed in furtherance of the criminal activities of an

organized gang as provided in Section 5-710 of that Act,

and that involved the operation or use of a motor vehicle

or the use of a driver's license or permit. The revocation

shall remain in effect for the period determined by the

court. Upon the direction of the court, the Secretary shall

issue the person a judicial driving permit, also known as a

JDP. The JDP shall be subject to the same terms as a JDP

issued under Section 6-206.1, except that the court may

direct that a JDP issued under this subdivision (b)(3) be

effective immediately.

(c)(1) Whenever a person is convicted of any of the

offenses enumerated in this Section, the court may recommend

and the Secretary of State in his discretion, without regard to

whether the recommendation is made by the court may, upon

application, issue to the person a restricted driving permit

granting the privilege of driving a motor vehicle between the

petitioner's residence and petitioner's place of employment or

within the scope of the petitioner's employment related duties,

or to allow the petitioner to transport himself or herself or a

family member of the petitioner's household to a medical

facility for the receipt of necessary medical care or to allow

the petitioner to transport himself or herself to and from

alcohol or drug remedial or rehabilitative activity

recommended by a licensed service provider, or to allow the

petitioner to transport himself or herself or a family member

of the petitioner's household to classes, as a student, at an

accredited educational institution, or to allow the petitioner

to transport children, elderly persons, or persons with

disabilities disabled persons who do not hold driving

privileges and are living in the petitioner's household to and

from daycare; if the petitioner is able to demonstrate that no

alternative means of transportation is reasonably available

and that the petitioner will not endanger the public safety or

welfare; provided that the Secretary's discretion shall be

limited to cases where undue hardship, as defined by the rules

of the Secretary of State, would result from a failure to issue

the restricted driving permit. Those multiple offenders

identified in subdivision (b)4 of Section 6-208 of this Code,

however, shall not be eligible for the issuance of a restricted

driving permit.

(2) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense, or Section 9-3

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

where the use of alcohol or other drugs is recited as an

element of the offense, or a similar out-of-state offense,

or a combination of these offenses, arising out of separate

occurrences, that person, if issued a restricted driving

permit, may not operate a vehicle unless it has been

equipped with an ignition interlock device as defined in

Section 1-129.1.

(3) If:

(A) a person's license or permit is revoked or

suspended 2 or more times within a 10 year period due

to any combination of:

(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a

local ordinance or a similar out-of-state offense,

or Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012, where the use of alcohol or

other drugs is recited as an element of the

offense, or a similar out-of-state offense; or

(ii) a statutory summary suspension or

revocation under Section 11-501.1; or

(iii) a suspension pursuant to Section

6-203.1;

arising out of separate occurrences; or

(B) a person has been convicted of one violation of

Section 6-303 of this Code committed while his or her

driver's license, permit, or privilege was revoked

because of a violation of Section 9-3 of the Criminal

Code of 1961 or the Criminal Code of 2012, relating to

the offense of reckless homicide where the use of

alcohol or other drugs was recited as an element of the

offense, or a similar provision of a law of another

state;

that person, if issued a restricted driving permit, may not

operate a vehicle unless it has been equipped with an

ignition interlock device as defined in Section 1-129.1.

(4) The person issued a permit conditioned on the use

of an ignition interlock device must pay to the Secretary

of State DUI Administration Fund an amount not to exceed

$30 per month. The Secretary shall establish by rule the

amount and the procedures, terms, and conditions relating

to these fees.

(5) If the restricted driving permit is issued for

employment purposes, then the prohibition against

operating a motor vehicle that is not equipped with an

ignition interlock device does not apply to the operation

of an occupational vehicle owned or leased by that person's

employer when used solely for employment purposes.

(6) In each case the Secretary of State may issue a

restricted driving permit for a period he deems

appropriate, except that the permit shall expire within one

year from the date of issuance. The Secretary may not,

however, issue a restricted driving permit to any person

whose current revocation is the result of a second or

subsequent conviction for a violation of Section 11-501 of

this Code or a similar provision of a local ordinance or

any similar out-of-state offense, or Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012, where

the use of alcohol or other drugs is recited as an element

of the offense, or any similar out-of-state offense, or any

combination of these offenses, until the expiration of at

least one year from the date of the revocation. A

restricted driving permit issued under this Section shall

be subject to cancellation, revocation, and suspension by

the Secretary of State in like manner and for like cause as

a driver's license issued under this Code may be cancelled,

revoked, or suspended; except that a conviction upon one or

more offenses against laws or ordinances regulating the

movement of traffic shall be deemed sufficient cause for

the revocation, suspension, or cancellation of a

restricted driving permit. The Secretary of State may, as a

condition to the issuance of a restricted driving permit,

require the petitioner to participate in a designated

driver remedial or rehabilitative program. The Secretary

of State is authorized to cancel a restricted driving

permit if the permit holder does not successfully complete

the program. However, if an individual's driving

privileges have been revoked in accordance with paragraph

13 of subsection (a) of this Section, no restricted driving

permit shall be issued until the individual has served 6

months of the revocation period.

(c-5) (Blank).

(c-6) If a person is convicted of a second violation of

operating a motor vehicle while the person's driver's license,

permit or privilege was revoked, where the revocation was for a

violation of Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012 relating to the offense of reckless

homicide or a similar out-of-state offense, the person's

driving privileges shall be revoked pursuant to subdivision

(a)(15) of this Section. The person may not make application

for a license or permit until the expiration of five years from

the effective date of the revocation or the expiration of five

years from the date of release from a term of imprisonment,

whichever is later.

(c-7) If a person is convicted of a third or subsequent

violation of operating a motor vehicle while the person's

driver's license, permit or privilege was revoked, where the

revocation was for a violation of Section 9-3 of the Criminal

Code of 1961 or the Criminal Code of 2012 relating to the

offense of reckless homicide or a similar out-of-state offense,

the person may never apply for a license or permit.

(d)(1) Whenever a person under the age of 21 is convicted

under Section 11-501 of this Code or a similar provision of a

local ordinance or a similar out-of-state offense, the

Secretary of State shall revoke the driving privileges of that

person. One year after the date of revocation, and upon

application, the Secretary of State may, if satisfied that the

person applying will not endanger the public safety or welfare,

issue a restricted driving permit granting the privilege of

driving a motor vehicle only between the hours of 5 a.m. and 9

p.m. or as otherwise provided by this Section for a period of

one year. After this one year period, and upon reapplication

for a license as provided in Section 6-106, upon payment of the

appropriate reinstatement fee provided under paragraph (b) of

Section 6-118, the Secretary of State, in his discretion, may

reinstate the petitioner's driver's license and driving

privileges, or extend the restricted driving permit as many

times as the Secretary of State deems appropriate, by

additional periods of not more than 12 months each.

(2) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense, or Section 9-3

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

where the use of alcohol or other drugs is recited as an

element of the offense, or a similar out-of-state offense,

or a combination of these offenses, arising out of separate

occurrences, that person, if issued a restricted driving

permit, may not operate a vehicle unless it has been

equipped with an ignition interlock device as defined in

Section 1-129.1.

(3) If a person's license or permit is revoked or

suspended 2 or more times within a 10 year period due to

any combination of:

(A) a single conviction of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense, or

Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012, where the use of alcohol or

other drugs is recited as an element of the offense, or

a similar out-of-state offense; or

(B) a statutory summary suspension or revocation

under Section 11-501.1; or

(C) a suspension pursuant to Section 6-203.1;

arising out of separate occurrences, that person, if issued

a restricted driving permit, may not operate a vehicle

unless it has been equipped with an ignition interlock

device as defined in Section 1-129.1.

(4) The person issued a permit conditioned upon the use

of an interlock device must pay to the Secretary of State

DUI Administration Fund an amount not to exceed $30 per

month. The Secretary shall establish by rule the amount and

the procedures, terms, and conditions relating to these

fees.

(5) If the restricted driving permit is issued for

employment purposes, then the prohibition against driving

a vehicle that is not equipped with an ignition interlock

device does not apply to the operation of an occupational

vehicle owned or leased by that person's employer when used

solely for employment purposes.

(6) A restricted driving permit issued under this

Section shall be subject to cancellation, revocation, and

suspension by the Secretary of State in like manner and for

like cause as a driver's license issued under this Code may

be cancelled, revoked, or suspended; except that a

conviction upon one or more offenses against laws or

ordinances regulating the movement of traffic shall be

deemed sufficient cause for the revocation, suspension, or

cancellation of a restricted driving permit.

(d-5) The revocation of the license, permit, or driving

privileges of a person convicted of a third or subsequent

violation of Section 6-303 of this Code committed while his or

her driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012, relating to the offense of reckless

homicide, or a similar provision of a law of another state, is

permanent. The Secretary may not, at any time, issue a license

or permit to that person.

(e) This Section is subject to the provisions of the Driver

License Compact.

(f) Any revocation imposed upon any person under

subsections 2 and 3 of paragraph (b) that is in effect on

December 31, 1988 shall be converted to a suspension for a like

period of time.

(g) The Secretary of State shall not issue a restricted

driving permit to a person under the age of 16 years whose

driving privileges have been revoked under any provisions of

this Code.

(h) The Secretary of State shall require the use of

ignition interlock devices on all vehicles owned by a person

who has been convicted of a second or subsequent offense under

Section 11-501 of this Code or a similar provision of a local

ordinance. The person must pay to the Secretary of State DUI

Administration Fund an amount not to exceed $30 for each month

that he or she uses the device. The Secretary shall establish

by rule and regulation the procedures for certification and use

of the interlock system, the amount of the fee, and the

procedures, terms, and conditions relating to these fees.

(i) (Blank).

(j) In accordance with 49 C.F.R. 384, the Secretary of

State may not issue a restricted driving permit for the

operation of a commercial motor vehicle to a person holding a

CDL whose driving privileges have been revoked, suspended,

cancelled, or disqualified under any provisions of this Code.

(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;

96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.

7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.

1-1-13; 97-1150, eff. 1-25-13.)

(625 ILCS 5/6-206)

Sec. 6-206. Discretionary authority to suspend or revoke

license or permit; Right to a hearing.

(a) The Secretary of State is authorized to suspend or

revoke the driving privileges of any person without preliminary

hearing upon a showing of the person's records or other

sufficient evidence that the person:

1. Has committed an offense for which mandatory

revocation of a driver's license or permit is required upon

conviction;

2. Has been convicted of not less than 3 offenses

against traffic regulations governing the movement of

vehicles committed within any 12 month period. No

revocation or suspension shall be entered more than 6

months after the date of last conviction;

3. Has been repeatedly involved as a driver in motor

vehicle collisions or has been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree that indicates lack of

ability to exercise ordinary and reasonable care in the

safe operation of a motor vehicle or disrespect for the

traffic laws and the safety of other persons upon the

highway;

4. Has by the unlawful operation of a motor vehicle

caused or contributed to an accident resulting in injury

requiring immediate professional treatment in a medical

facility or doctor's office to any person, except that any

suspension or revocation imposed by the Secretary of State

under the provisions of this subsection shall start no

later than 6 months after being convicted of violating a

law or ordinance regulating the movement of traffic, which

violation is related to the accident, or shall start not

more than one year after the date of the accident,

whichever date occurs later;

5. Has permitted an unlawful or fraudulent use of a

driver's license, identification card, or permit;

6. Has been lawfully convicted of an offense or

offenses in another state, including the authorization

contained in Section 6-203.1, which if committed within

this State would be grounds for suspension or revocation;

7. Has refused or failed to submit to an examination

provided for by Section 6-207 or has failed to pass the

examination;

8. Is ineligible for a driver's license or permit under

the provisions of Section 6-103;

9. Has made a false statement or knowingly concealed a

material fact or has used false information or

identification in any application for a license,

identification card, or permit;

10. Has possessed, displayed, or attempted to

fraudulently use any license, identification card, or

permit not issued to the person;

11. Has operated a motor vehicle upon a highway of this

State when the person's driving privilege or privilege to

obtain a driver's license or permit was revoked or

suspended unless the operation was authorized by a

monitoring device driving permit, judicial driving permit

issued prior to January 1, 2009, probationary license to

drive, or a restricted driving permit issued under this

Code;

12. Has submitted to any portion of the application

process for another person or has obtained the services of

another person to submit to any portion of the application

process for the purpose of obtaining a license,

identification card, or permit for some other person;

13. Has operated a motor vehicle upon a highway of this

State when the person's driver's license or permit was

invalid under the provisions of Sections 6-107.1 and 6-110;

14. Has committed a violation of Section 6-301,

6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B

of the Illinois Identification Card Act;

15. Has been convicted of violating Section 21-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 relating

to criminal trespass to vehicles in which case, the

suspension shall be for one year;

16. Has been convicted of violating Section 11-204 of

this Code relating to fleeing from a peace officer;

17. Has refused to submit to a test, or tests, as

required under Section 11-501.1 of this Code and the person

has not sought a hearing as provided for in Section

11-501.1;

18. Has, since issuance of a driver's license or

permit, been adjudged to be afflicted with or suffering

from any mental disability or disease;

19. Has committed a violation of paragraph (a) or (b)

of Section 6-101 relating to driving without a driver's

license;

20. Has been convicted of violating Section 6-104

relating to classification of driver's license;

21. Has been convicted of violating Section 11-402 of

this Code relating to leaving the scene of an accident

resulting in damage to a vehicle in excess of $1,000, in

which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph

(3), (4), (7), or (9) of subsection (a) of Section 24-1 of

the Criminal Code of 1961 or the Criminal Code of 2012

relating to unlawful use of weapons, in which case the

suspension shall be for one year;

23. Has, as a driver, been convicted of committing a

violation of paragraph (a) of Section 11-502 of this Code

for a second or subsequent time within one year of a

similar violation;

24. Has been convicted by a court-martial or punished

by non-judicial punishment by military authorities of the

United States at a military installation in Illinois or in

another state of or for a traffic related offense that is

the same as or similar to an offense specified under

Section 6-205 or 6-206 of this Code;

25. Has permitted any form of identification to be used

by another in the application process in order to obtain or

attempt to obtain a license, identification card, or

permit;

26. Has altered or attempted to alter a license or has

possessed an altered license, identification card, or

permit;

27. Has violated Section 6-16 of the Liquor Control Act

of 1934;

28. Has been convicted for a first time of the illegal

possession, while operating or in actual physical control,

as a driver, of a motor vehicle, of any controlled

substance prohibited under the Illinois Controlled

Substances Act, any cannabis prohibited under the Cannabis

Control Act, or any methamphetamine prohibited under the

Methamphetamine Control and Community Protection Act, in

which case the person's driving privileges shall be

suspended for one year. Any defendant found guilty of this

offense while operating a motor vehicle, shall have an

entry made in the court record by the presiding judge that

this offense did occur while the defendant was operating a

motor vehicle and order the clerk of the court to report

the violation to the Secretary of State;

29. Has been convicted of the following offenses that

were committed while the person was operating or in actual

physical control, as a driver, of a motor vehicle: criminal

sexual assault, predatory criminal sexual assault of a

child, aggravated criminal sexual assault, criminal sexual

abuse, aggravated criminal sexual abuse, juvenile pimping,

soliciting for a juvenile prostitute, promoting juvenile

prostitution as described in subdivision (a)(1), (a)(2),

or (a)(3) of Section 11-14.4 of the Criminal Code of 1961

or the Criminal Code of 2012, and the manufacture, sale or

delivery of controlled substances or instruments used for

illegal drug use or abuse in which case the driver's

driving privileges shall be suspended for one year;

30. Has been convicted a second or subsequent time for

any combination of the offenses named in paragraph 29 of

this subsection, in which case the person's driving

privileges shall be suspended for 5 years;

31. Has refused to submit to a test as required by

Section 11-501.6 of this Code or Section 5-16c of the Boat

Registration and Safety Act or has submitted to a test

resulting in an alcohol concentration of 0.08 or more or

any amount of a drug, substance, or compound resulting from

the unlawful use or consumption of cannabis as listed in

the Cannabis Control Act, a controlled substance as listed

in the Illinois Controlled Substances Act, an intoxicating

compound as listed in the Use of Intoxicating Compounds

Act, or methamphetamine as listed in the Methamphetamine

Control and Community Protection Act, in which case the

penalty shall be as prescribed in Section 6-208.1;

32. Has been convicted of Section 24-1.2 of the

Criminal Code of 1961 or the Criminal Code of 2012 relating

to the aggravated discharge of a firearm if the offender

was located in a motor vehicle at the time the firearm was

discharged, in which case the suspension shall be for 3

years;

33. Has as a driver, who was less than 21 years of age

on the date of the offense, been convicted a first time of

a violation of paragraph (a) of Section 11-502 of this Code

or a similar provision of a local ordinance;

34. Has committed a violation of Section 11-1301.5 of

this Code or a similar provision of a local ordinance;

35. Has committed a violation of Section 11-1301.6 of

this Code or a similar provision of a local ordinance;

36. Is under the age of 21 years at the time of arrest

and has been convicted of not less than 2 offenses against

traffic regulations governing the movement of vehicles

committed within any 24 month period. No revocation or

suspension shall be entered more than 6 months after the

date of last conviction;

37. Has committed a violation of subsection (c) of

Section 11-907 of this Code that resulted in damage to the

property of another or the death or injury of another;

38. Has been convicted of a violation of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of

a local ordinance;

39. Has committed a second or subsequent violation of

Section 11-1201 of this Code;

40. Has committed a violation of subsection (a-1) of

Section 11-908 of this Code;

41. Has committed a second or subsequent violation of

Section 11-605.1 of this Code, a similar provision of a

local ordinance, or a similar violation in any other state

within 2 years of the date of the previous violation, in

which case the suspension shall be for 90 days;

42. Has committed a violation of subsection (a-1) of

Section 11-1301.3 of this Code or a similar provision of a

local ordinance;

43. Has received a disposition of court supervision for

a violation of subsection (a), (d), or (e) of Section 6-20

of the Liquor Control Act of 1934 or a similar provision of

a local ordinance, in which case the suspension shall be

for a period of 3 months;

44. Is under the age of 21 years at the time of arrest

and has been convicted of an offense against traffic

regulations governing the movement of vehicles after

having previously had his or her driving privileges

suspended or revoked pursuant to subparagraph 36 of this

Section;

45. Has, in connection with or during the course of a

formal hearing conducted under Section 2-118 of this Code:

(i) committed perjury; (ii) submitted fraudulent or

falsified documents; (iii) submitted documents that have

been materially altered; or (iv) submitted, as his or her

own, documents that were in fact prepared or composed for

another person;

46. Has committed a violation of subsection (j) of

Section 3-413 of this Code; or

47. Has committed a violation of Section 11-502.1 of

this Code.

For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

and 27 of this subsection, license means any driver's license,

any traffic ticket issued when the person's driver's license is

deposited in lieu of bail, a suspension notice issued by the

Secretary of State, a duplicate or corrected driver's license,

a probationary driver's license or a temporary driver's

license.

(b) If any conviction forming the basis of a suspension or

revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the

order of suspension or revocation, as the case may be, provided

that a certified copy of a stay order of a court is filed with

the Secretary of State. If the conviction is affirmed on

appeal, the date of the conviction shall relate back to the

time the original judgment of conviction was entered and the 6

month limitation prescribed shall not apply.

(c) 1. Upon suspending or revoking the driver's license or

permit of any person as authorized in this Section, the

Secretary of State shall immediately notify the person in

writing of the revocation or suspension. The notice to be

deposited in the United States mail, postage prepaid, to the

last known address of the person.

2. If the Secretary of State suspends the driver's license

of a person under subsection 2 of paragraph (a) of this

Section, a person's privilege to operate a vehicle as an

occupation shall not be suspended, provided an affidavit is

properly completed, the appropriate fee received, and a permit

issued prior to the effective date of the suspension, unless 5

offenses were committed, at least 2 of which occurred while

operating a commercial vehicle in connection with the driver's

regular occupation. All other driving privileges shall be

suspended by the Secretary of State. Any driver prior to

operating a vehicle for occupational purposes only must submit

the affidavit on forms to be provided by the Secretary of State

setting forth the facts of the person's occupation. The

affidavit shall also state the number of offenses committed

while operating a vehicle in connection with the driver's

regular occupation. The affidavit shall be accompanied by the

driver's license. Upon receipt of a properly completed

affidavit, the Secretary of State shall issue the driver a

permit to operate a vehicle in connection with the driver's

regular occupation only. Unless the permit is issued by the

Secretary of State prior to the date of suspension, the

privilege to drive any motor vehicle shall be suspended as set

forth in the notice that was mailed under this Section. If an

affidavit is received subsequent to the effective date of this

suspension, a permit may be issued for the remainder of the

suspension period.

The provisions of this subparagraph shall not apply to any

driver required to possess a CDL for the purpose of operating a

commercial motor vehicle.

Any person who falsely states any fact in the affidavit

required herein shall be guilty of perjury under Section 6-302

and upon conviction thereof shall have all driving privileges

revoked without further rights.

3. At the conclusion of a hearing under Section 2-118 of

this Code, the Secretary of State shall either rescind or

continue an order of revocation or shall substitute an order of

suspension; or, good cause appearing therefor, rescind,

continue, change, or extend the order of suspension. If the

Secretary of State does not rescind the order, the Secretary

may upon application, to relieve undue hardship (as defined by

the rules of the Secretary of State), issue a restricted

driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's

place of employment or within the scope of the petitioner's

employment related duties, or to allow the petitioner to

transport himself or herself, or a family member of the

petitioner's household to a medical facility, to receive

necessary medical care, to allow the petitioner to transport

himself or herself to and from alcohol or drug remedial or

rehabilitative activity recommended by a licensed service

provider, or to allow the petitioner to transport himself or

herself or a family member of the petitioner's household to

classes, as a student, at an accredited educational

institution, or to allow the petitioner to transport children,

elderly persons, or persons with disabilities disabled persons

who do not hold driving privileges and are living in the

petitioner's household to and from daycare. The petitioner must

demonstrate that no alternative means of transportation is

reasonably available and that the petitioner will not endanger

the public safety or welfare. Those multiple offenders

identified in subdivision (b)4 of Section 6-208 of this Code,

however, shall not be eligible for the issuance of a restricted

driving permit.

(A) If a person's license or permit is revoked or

suspended due to 2 or more convictions of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense, or Section 9-3

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

where the use of alcohol or other drugs is recited as an

element of the offense, or a similar out-of-state offense,

or a combination of these offenses, arising out of separate

occurrences, that person, if issued a restricted driving

permit, may not operate a vehicle unless it has been

equipped with an ignition interlock device as defined in

Section 1-129.1.

(B) If a person's license or permit is revoked or

suspended 2 or more times within a 10 year period due to

any combination of:

(i) a single conviction of violating Section

11-501 of this Code or a similar provision of a local

ordinance or a similar out-of-state offense or Section

9-3 of the Criminal Code of 1961 or the Criminal Code

of 2012, where the use of alcohol or other drugs is

recited as an element of the offense, or a similar

out-of-state offense; or

(ii) a statutory summary suspension or revocation

under Section 11-501.1; or

(iii) a suspension under Section 6-203.1;

arising out of separate occurrences; that person, if issued

a restricted driving permit, may not operate a vehicle

unless it has been equipped with an ignition interlock

device as defined in Section 1-129.1.

(C) The person issued a permit conditioned upon the use

of an ignition interlock device must pay to the Secretary

of State DUI Administration Fund an amount not to exceed

$30 per month. The Secretary shall establish by rule the

amount and the procedures, terms, and conditions relating

to these fees.

(D) If the restricted driving permit is issued for

employment purposes, then the prohibition against

operating a motor vehicle that is not equipped with an

ignition interlock device does not apply to the operation

of an occupational vehicle owned or leased by that person's

employer when used solely for employment purposes.

(E) In each case the Secretary may issue a restricted

driving permit for a period deemed appropriate, except that

all permits shall expire within one year from the date of

issuance. The Secretary may not, however, issue a

restricted driving permit to any person whose current

revocation is the result of a second or subsequent

conviction for a violation of Section 11-501 of this Code

or a similar provision of a local ordinance or any similar

out-of-state offense, or Section 9-3 of the Criminal Code

of 1961 or the Criminal Code of 2012, where the use of

alcohol or other drugs is recited as an element of the

offense, or any similar out-of-state offense, or any

combination of those offenses, until the expiration of at

least one year from the date of the revocation. A

restricted driving permit issued under this Section shall

be subject to cancellation, revocation, and suspension by

the Secretary of State in like manner and for like cause as

a driver's license issued under this Code may be cancelled,

revoked, or suspended; except that a conviction upon one or

more offenses against laws or ordinances regulating the

movement of traffic shall be deemed sufficient cause for

the revocation, suspension, or cancellation of a

restricted driving permit. The Secretary of State may, as a

condition to the issuance of a restricted driving permit,

require the applicant to participate in a designated driver

remedial or rehabilitative program. The Secretary of State

is authorized to cancel a restricted driving permit if the

permit holder does not successfully complete the program.

(c-3) In the case of a suspension under paragraph 43 of

subsection (a), reports received by the Secretary of State

under this Section shall, except during the actual time the

suspension is in effect, be privileged information and for use

only by the courts, police officers, prosecuting authorities,

the driver licensing administrator of any other state, the

Secretary of State, or the parent or legal guardian of a driver

under the age of 18. However, beginning January 1, 2008, if the

person is a CDL holder, the suspension shall also be made

available to the driver licensing administrator of any other

state, the U.S. Department of Transportation, and the affected

driver or motor carrier or prospective motor carrier upon

request.

(c-4) In the case of a suspension under paragraph 43 of

subsection (a), the Secretary of State shall notify the person

by mail that his or her driving privileges and driver's license

will be suspended one month after the date of the mailing of

the notice.

(c-5) The Secretary of State may, as a condition of the

reissuance of a driver's license or permit to an applicant

whose driver's license or permit has been suspended before he

or she reached the age of 21 years pursuant to any of the

provisions of this Section, require the applicant to

participate in a driver remedial education course and be

retested under Section 6-109 of this Code.

(d) This Section is subject to the provisions of the

Drivers License Compact.

(e) The Secretary of State shall not issue a restricted

driving permit to a person under the age of 16 years whose

driving privileges have been suspended or revoked under any

provisions of this Code.

(f) In accordance with 49 C.F.R. 384, the Secretary of

State may not issue a restricted driving permit for the

operation of a commercial motor vehicle to a person holding a

CDL whose driving privileges have been suspended, revoked,

cancelled, or disqualified under any provisions of this Code.

(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;

97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;

97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.

1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.

7-16-14.)

(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)

Sec. 11-208. Powers of local authorities.

(a) The provisions of this Code shall not be deemed to

prevent local authorities with respect to streets and highways

under their jurisdiction and within the reasonable exercise of

the police power from:

1. Regulating the standing or parking of vehicles,

except as limited by Sections 11-1306 and 11-1307 of this

Act;

2. Regulating traffic by means of police officers or

traffic control signals;

3. Regulating or prohibiting processions or

assemblages on the highways; and certifying persons to

control traffic for processions or assemblages;

4. Designating particular highways as one-way highways

and requiring that all vehicles thereon be moved in one

specific direction;

5. Regulating the speed of vehicles in public parks

subject to the limitations set forth in Section 11-604;

6. Designating any highway as a through highway, as

authorized in Section 11-302, and requiring that all

vehicles stop before entering or crossing the same or

designating any intersection as a stop intersection or a

yield right-of-way intersection and requiring all vehicles

to stop or yield the right-of-way at one or more entrances

to such intersections;

7. Restricting the use of highways as authorized in

Chapter 15;

8. Regulating the operation of bicycles and requiring

the registration and licensing of same, including the

requirement of a registration fee;

9. Regulating or prohibiting the turning of vehicles or

specified types of vehicles at intersections;

10. Altering the speed limits as authorized in Section

11-604;

11. Prohibiting U-turns;

12. Prohibiting pedestrian crossings at other than

designated and marked crosswalks or at intersections;

13. Prohibiting parking during snow removal operation;

14. Imposing fines in accordance with Section

11-1301.3 as penalties for use of any parking place

reserved for persons with disabilities, as defined by

Section 1-159.1, or veterans with disabilities disabled

veterans by any person using a motor vehicle not bearing

registration plates specified in Section 11-1301.1 or a

special decal or device as defined in Section 11-1301.2 as

evidence that the vehicle is operated by or for a person

with disabilities or a veteran with a disability disabled

veteran;

15. Adopting such other traffic regulations as are

specifically authorized by this Code; or

16. Enforcing the provisions of subsection (f) of

Section 3-413 of this Code or a similar local ordinance.

(b) No ordinance or regulation enacted under subsections 1,

4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective

until signs giving reasonable notice of such local traffic

regulations are posted.

(c) The provisions of this Code shall not prevent any

municipality having a population of 500,000 or more inhabitants

from prohibiting any person from driving or operating any motor

vehicle upon the roadways of such municipality with headlamps

on high beam or bright.

(d) The provisions of this Code shall not be deemed to

prevent local authorities within the reasonable exercise of

their police power from prohibiting, on private property, the

unauthorized use of parking spaces reserved for persons with

disabilities.

(e) No unit of local government, including a home rule

unit, may enact or enforce an ordinance that applies only to

motorcycles if the principal purpose for that ordinance is to

restrict the access of motorcycles to any highway or portion of

a highway for which federal or State funds have been used for

the planning, design, construction, or maintenance of that

highway. No unit of local government, including a home rule

unit, may enact an ordinance requiring motorcycle users to wear

protective headgear. Nothing in this subsection (e) shall

affect the authority of a unit of local government to regulate

motorcycles for traffic control purposes or in accordance with

Section 12-602 of this Code. No unit of local government,

including a home rule unit, may regulate motorcycles in a

manner inconsistent with this Code. This subsection (e) is a

limitation under subsection (i) of Section 6 of Article VII of

the Illinois Constitution on the concurrent exercise by home

rule units of powers and functions exercised by the State.

(f) A municipality or county designated in Section 11-208.6

may enact an ordinance providing for an automated traffic law

enforcement system to enforce violations of this Code or a

similar provision of a local ordinance and imposing liability

on a registered owner or lessee of a vehicle used in such a

violation.

(g) A municipality or county, as provided in Section

11-1201.1, may enact an ordinance providing for an automated

traffic law enforcement system to enforce violations of Section

11-1201 of this Code or a similar provision of a local

ordinance and imposing liability on a registered owner of a

vehicle used in such a violation.

(h) A municipality designated in Section 11-208.8 may enact

an ordinance providing for an automated speed enforcement

system to enforce violations of Article VI of Chapter 11 of

this Code or a similar provision of a local ordinance.

(i) A municipality or county designated in Section 11-208.9

may enact an ordinance providing for an automated traffic law

enforcement system to enforce violations of Section 11-1414 of

this Code or a similar provision of a local ordinance and

imposing liability on a registered owner or lessee of a vehicle

used in such a violation.

(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396,

eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)

(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)

Sec. 11-209. Powers of municipalities and counties -

Contract with school boards, hospitals, churches, condominium

complex unit owners' associations, and commercial and

industrial facility, shopping center, and apartment complex

owners for regulation of traffic.

(a) The corporate authorities of any municipality or the

county board of any county, and a school board, hospital,

church, condominium complex unit owners' association, or owner

of any commercial and industrial facility, shopping center, or

apartment complex which controls a parking area located within

the limits of the municipality, or outside the limits of the

municipality and within the boundaries of the county, may, by

contract, empower the municipality or county to regulate the

parking of automobiles and the traffic at such parking area.

Such contract shall empower the municipality or county to

accomplish all or any part of the following:

1. The erection of stop signs, flashing signals, person

with disabilities parking area signs or yield signs at

specified locations in a parking area and the adoption of

appropriate regulations thereto pertaining, or the

designation of any intersection in the parking area as a

stop intersection or as a yield intersection and the

ordering of like signs or signals at one or more entrances

to such intersection, subject to the provisions of this

Chapter.

2. The prohibition or regulation of the turning of

vehicles or specified types of vehicles at intersections or

other designated locations in the parking area.

3. The regulation of a crossing of any roadway in the

parking area by pedestrians.

4. The designation of any separate roadway in the

parking area for one-way traffic.

5. The establishment and regulation of loading zones.

6. The prohibition, regulation, restriction or

limitation of the stopping, standing or parking of vehicles

in specified areas of the parking area.

7. The designation of safety zones in the parking area

and fire lanes.

8. Providing for the removal and storage of vehicles

parked or abandoned in the parking area during snowstorms,

floods, fires, or other public emergencies, or found

unattended in the parking area, (a) where they constitute

an obstruction to traffic, or (b) where stopping, standing

or parking is prohibited, and for the payment of reasonable

charges for such removal and storage by the owner or

operator of any such vehicle.

9. Providing that the cost of planning, installation,

maintenance and enforcement of parking and traffic

regulations pursuant to any contract entered into under the

authority of this paragraph (a) of this Section be borne by

the municipality or county, or by the school board,

hospital, church, property owner, apartment complex owner,

or condominium complex unit owners' association, or that a

percentage of the cost be shared by the parties to the

contract.

10. Causing the installation of parking meters on the

parking area and establishing whether the expense of

installing said parking meters and maintenance thereof

shall be that of the municipality or county, or that of the

school board, hospital, church, condominium complex unit

owners' association, shopping center or apartment complex

owner. All moneys obtained from such parking meters as may

be installed on any parking area shall belong to the

municipality or county.

11. Causing the installation of parking signs in

accordance with Section 11-301 in areas of the parking lots

covered by this Section and where desired by the person

contracting with the appropriate authority listed in

paragraph (a) of this Section, indicating that such parking

spaces are reserved for persons with disabilities.

12. Contracting for such additional reasonable rules

and regulations with respect to traffic and parking in a

parking area as local conditions may require for the safety

and convenience of the public or of the users of the

parking area.

(b) No contract entered into pursuant to this Section shall

exceed a period of 20 years. No lessee of a shopping center or

apartment complex shall enter into such a contract for a longer

period of time than the length of his lease.

(c) Any contract entered into pursuant to this Section

shall be recorded in the office of the recorder in the county

in which the parking area is located, and no regulation made

pursuant to the contract shall be effective or enforceable

until 3 days after the contract is so recorded.

(d) At such time as parking and traffic regulations have

been established at any parking area pursuant to the contract

as provided for in this Section, then it shall be a petty

offense for any person to do any act forbidden or to fail to

perform any act required by such parking or traffic regulation.

If the violation is the parking in a parking space reserved for

persons with disabilities under paragraph (11) of this Section,

by a person without special registration plates issued to a

person with disabilities, as defined by Section 1-159.1,

pursuant to Section 3-616 of this Code, or to a veteran with a

disability disabled veteran pursuant to Section 3-609 of this

Code, the local police of the contracting corporate municipal

authorities shall issue a parking ticket to such parking

violator and issue a fine in accordance with Section 11-1301.3.

(e) The term "shopping center", as used in this Section,

means premises having one or more stores or business

establishments in connection with which there is provided on

privately-owned property near or contiguous thereto an area, or

areas, of land used by the public as the means of access to and

egress from the stores and business establishments on such

premises and for the parking of motor vehicles of customers and

patrons of such stores and business establishments on such

premises.

(f) The term "parking area", as used in this Section, means

an area, or areas, of land near or contiguous to a school,

church, or hospital building, shopping center, apartment

complex, or condominium complex, but not the public highways or

alleys, and used by the public as the means of access to and

egress from such buildings and the stores and business

establishments at a shopping center and for the parking of

motor vehicles.

(g) The terms "owner", "property owner", "shopping center

owner", and "apartment complex owner", as used in this Section,

mean the actual legal owner of the shopping center parking area

or apartment complex, the trust officer of a banking

institution having the right to manage and control such

property, or a person having the legal right, through lease or

otherwise, to manage or control the property.

(g-5) The term "condominium complex unit owners'

association", as used in this Section, means a "unit owners'

association" as defined in Section 2 of the Condominium

Property Act.

(h) The term "fire lane", as used in this Section, means

travel lanes for the fire fighting equipment upon which there

shall be no standing or parking of any motor vehicle at any

time so that fire fighting equipment can move freely thereon.

(i) The term "apartment complex", as used in this Section,

means premises having one or more apartments in connection with

which there is provided on privately-owned property near or

contiguous thereto an area, or areas, of land used by occupants

of such apartments or their guests as a means of access to and

egress from such apartments or for the parking of motor

vehicles of such occupants or their guests.

(j) The term "condominium complex", as used in this

Section, means the units, common elements, and limited common

elements that are located on the parcels, as those terms are

defined in Section 2 of the Condominium Property Act.

(k) The term "commercial and industrial facility", as used

in this Section, means a premises containing one or more

commercial and industrial facility establishments in

connection with which there is provided on privately-owned

property near or contiguous to the premises an area or areas of

land used by the public as the means of access to and egress

from the commercial and industrial facility establishment on

the premises and for the parking of motor vehicles of

customers, patrons, and employees of the commercial and

industrial facility establishment on the premises.

(l) The provisions of this Section shall not be deemed to

prevent local authorities from enforcing, on private property,

local ordinances imposing fines, in accordance with Section

11-1301.3, as penalties for use of any parking place reserved

for persons with disabilities, as defined by Section 1-159.1,

or veterans with disabilities disabled veterans by any person

using a motor vehicle not bearing registration plates specified

in Section 11-1301.1 or a special decal or device as defined in

Section 11-1301.2 as evidence that the vehicle is operated by

or for a person with disabilities or a veteran with a

disability disabled veteran.

This amendatory Act of 1972 is not a prohibition upon the

contractual and associational powers granted by Article VII,

Section 10 of the Illinois Constitution.

(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)

(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)

Sec. 11-501.7. (a) As a condition of probation or discharge

of a person convicted of a violation of Section 11-501 of this

Code, who was less than 21 years of age at the time of the

offense, or a person adjudicated delinquent pursuant to the

Juvenile Court Act, for violation of Section 11-501 of this

Code, the Court may order the offender to participate in the

Youthful Intoxicated Drivers' Visitation Program. The Program

shall consist of a supervised visitation as provided by this

Section by the person to at least one of the following, to the

extent that personnel and facilities are available:

(1) A State or private rehabilitation facility that

cares for victims of motor vehicle accidents involving

persons under the influence of alcohol.

(2) A facility which cares for advanced alcoholics to

observe persons in the terminal stages of alcoholism, under

the supervision of appropriately licensed medical

personnel.

(3) If approved by the coroner of the county where the

person resides, the county coroner's office or the county

morgue to observe appropriate victims of motor vehicle

accidents involving persons under the influence of

alcohol, under the supervision of the coroner or deputy

coroner.

(b) The Program shall be operated by the appropriate

probation authorities of the courts of the various circuits.

The youthful offender ordered to participate in the Program

shall bear all costs associated with participation in the

Program. A parent or guardian of the offender may assume the

obligation of the offender to pay the costs of the Program. The

court may waive the requirement that the offender pay the costs

of participation in the Program upon a finding of indigency.

(c) As used in this Section, "appropriate victims" means

victims whose condition is determined by the visit supervisor

to demonstrate the results of motor vehicle accidents involving

persons under the influence of alcohol without being

excessively gruesome or traumatic to the observer.

(d) Any visitation shall include, before any observation of

victims or persons with disabilities disabled persons, a

comprehensive counseling session with the visitation

supervisor at which the supervisor shall explain and discuss

the experiences which may be encountered during the visitation

in order to ascertain whether the visitation is appropriate.

(Source: P.A. 86-1242.)

(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)

Sec. 11-1301.1. Persons with disabilities - Parking

privileges - Exemptions.

(a) A motor vehicle bearing registration plates issued to a

person with disabilities, as defined by Section 1-159.1,

pursuant to Section 3-616 or to a veteran with a disability

disabled veteran pursuant to subsection (a) of Section 3-609 or

a special decal or device issued pursuant to Section 3-616 or

pursuant to Section 11-1301.2 of this Code or a motor vehicle

registered in another jurisdiction, state, district, territory

or foreign country upon which is displayed a registration

plate, special decal or device issued by the other jurisdiction

designating the vehicle is operated by or for a person with

disabilities shall be exempt from the payment of parking meter

fees until January 1, 2014, and exempt from any statute or

ordinance imposing time limitations on parking, except

limitations of one-half hour or less, on any street or highway

zone, a parking area subject to regulation under subsection (a)

of Section 11-209 of this Code, or any parking lot or parking

place which are owned, leased or owned and leased by a

municipality or a municipal parking utility; and shall be

recognized by state and local authorities as a valid license

plate or parking device and shall receive the same parking

privileges as residents of this State; but, such vehicle shall

be subject to the laws which prohibit parking in "no stopping"

and "no standing" zones in front of or near fire hydrants,

driveways, public building entrances and exits, bus stops and

loading areas, and is prohibited from parking where the motor

vehicle constitutes a traffic hazard, whereby such motor

vehicle shall be moved at the instruction and request of a law

enforcement officer to a location designated by the officer.

(b) Any motor vehicle bearing registration plates or a

special decal or device specified in this Section or in Section

3-616 of this Code or such parking device as specifically

authorized in Section 11-1301.2 as evidence that the vehicle is

operated by or for a person with disabilities or bearing

registration plates issued to a veteran with a disability

disabled veteran under subsection (a) of Section 3-609 may

park, in addition to any other lawful place, in any parking

place specifically reserved for such vehicles by the posting of

an official sign as provided under Section 11-301. Parking

privileges granted by this Section are strictly limited to the

person to whom the special registration plates, special decal

or device were issued and to qualified operators acting under

his or her express direction while the person with disabilities

is present. A person to whom privileges were granted shall, at

the request of a police officer or any other person invested by

law with authority to direct, control, or regulate traffic,

present an identification card with a picture as verification

that the person is the person to whom the special registration

plates, special decal or device was issued.

(c) Such parking privileges granted by this Section are

also extended to motor vehicles of not-for-profit

organizations used for the transportation of persons with

disabilities when such motor vehicles display the decal or

device issued pursuant to Section 11-1301.2 of this Code.

(d) No person shall use any area for the parking of any

motor vehicle pursuant to Section 11-1303 of this Code or where

an official sign controlling such area expressly prohibits

parking at any time or during certain hours.

(e) Beginning January 1, 2014, a vehicle displaying a decal

or device issued under subsection (c-5) of Section 11-1301.2 of

this Code shall be exempt from the payment of fees generated by

parking in a metered space or in a publicly owned parking area.

(Source: P.A. 97-845, eff. 1-1-13; 97-918, eff. 1-1-13; 98-463,

eff. 8-16-13; 98-577, eff. 1-1-14.)

(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)

Sec. 11-1301.2. Special decals for parking; persons with

disabilities.

(a) The Secretary of State shall provide for, by

administrative rules, the design, size, color, and placement of

a person with disabilities motorist decal or device and shall

provide for, by administrative rules, the content and form of

an application for a person with disabilities motorist decal or

device, which shall be used by local authorities in the

issuance thereof to a person with temporary disabilities,

provided that the decal or device is valid for no more than 90

days, subject to renewal for like periods based upon continued

disability, and further provided that the decal or device

clearly sets forth the date that the decal or device expires.

The application shall include the requirement of an Illinois

Identification Card number or a State of Illinois driver's

license number. This decal or device may be used by the

authorized holder to designate and identify a vehicle not owned

or displaying a registration plate as provided in Sections

3-609 and 3-616 of this Act to designate when the vehicle is

being used to transport said person or persons with

disabilities, and thus is entitled to enjoy all the privileges

that would be afforded a person with disabilities licensed

vehicle. Person with disabilities decals or devices issued and

displayed pursuant to this Section shall be recognized and

honored by all local authorities regardless of which local

authority issued such decal or device.

The decal or device shall be issued only upon a showing by

adequate documentation that the person for whose benefit the

decal or device is to be used has a disability as defined in

Section 1-159.1 of this Code and the disability is temporary.

(b) The local governing authorities shall be responsible

for the provision of such decal or device, its issuance and

designated placement within the vehicle. The cost of such decal

or device shall be at the discretion of such local governing

authority.

(c) The Secretary of State may, pursuant to Section

3-616(c), issue a person with disabilities parking decal or

device to a person with disabilities as defined by Section

1-159.1. Any person with disabilities parking decal or device

issued by the Secretary of State shall be registered to that

person with disabilities in the form to be prescribed by the

Secretary of State. The person with disabilities parking decal

or device shall not display that person's address. One

additional decal or device may be issued to an applicant upon

his or her written request and with the approval of the

Secretary of State. The written request must include a

justification of the need for the additional decal or device.

(c-5) Beginning January 1, 2014, the Secretary shall

provide by administrative rule for the issuance of a separate

and distinct parking decal or device for persons with

disabilities as defined by Section 1-159.1 of this Code and who

meet the qualifications under this subsection. The authorized

holder of a decal or device issued under this subsection (c-5)

shall be exempt from the payment of fees generated by parking

in a metered space, a parking area subject to paragraph (10) of

subsection (a) of Section 11-209 of this Code, or a publicly

owned parking area.

The Secretary shall issue a meter-exempt decal or device to

a person with disabilities who: (i) has been issued

registration plates under subsection (a) of Section 3-609 or

Section 3-616 of this Code or a special decal or device under

this Section, (ii) holds a valid Illinois driver's license, and

(iii) is unable to do one or more of the following:

(1) manage, manipulate, or insert coins, or obtain

tickets or tokens in parking meters or ticket machines in

parking lots, due to the lack of fine motor control of both

hands;

(2) reach above his or her head to a height of 42

inches from the ground, due to a lack of finger, hand, or

upper extremity strength or mobility;

(3) approach a parking meter due to his or her use of a

wheelchair or other device for mobility; or

(4) walk more than 20 feet due to an orthopedic,

neurological, cardiovascular, or lung condition in which

the degree of debilitation is so severe that it almost

completely impedes the ability to walk.

The application for a meter-exempt parking decal or device

shall contain a statement certified by a licensed physician,

physician assistant, or advanced practice nurse attesting to

the permanent nature of the applicant's condition and verifying

that the applicant meets the physical qualifications specified

in this subsection (c-5).

Notwithstanding the requirements of this subsection (c-5),

the Secretary shall issue a meter-exempt decal or device to a

person who has been issued registration plates under Section

3-616 of this Code or a special decal or device under this

Section, if the applicant is the parent or guardian of a person

with disabilities who is under 18 years of age and incapable of

driving.

(d) Replacement decals or devices may be issued for lost,

stolen, or destroyed decals upon application and payment of a

$10 fee. The replacement fee may be waived for individuals that

have claimed and received a grant under the Senior Citizens and

Persons with Disabilities Disabled Persons Property Tax Relief

Act.

(e) A person classified as a veteran under subsection (e)

of Section 6-106 of this Code that has been issued a decal or

device under this Section shall not be required to submit

evidence of disability in order to renew that decal or device

if, at the time of initial application, he or she submitted

evidence from his or her physician or the Department of

Veterans' Affairs that the disability is of a permanent nature.

However, the Secretary shall take reasonable steps to ensure

the veteran still resides in this State at the time of the

renewal. These steps may include requiring the veteran to

provide additional documentation or to appear at a Secretary of

State facility. To identify veterans who are eligible for this

exemption, the Secretary shall compare the list of the persons

who have been issued a decal or device to the list of persons

who have been issued a disabled veteran vehicle registration

plate for veterans with disabilities under Section 3-609 of

this Code, or who are identified as a veteran on their driver's

license under Section 6-110 of this Code or on their

identification card under Section 4 of the Illinois

Identification Card Act.

(Source: P.A. 97-689, eff. 6-14-12; 97-845, eff. 1-1-13;

98-463, eff. 8-16-13; 98-577, eff. 1-1-14; 98-879, eff.

1-1-15.)

(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)

Sec. 11-1301.3. Unauthorized use of parking places

reserved for persons with disabilities.

(a) It shall be prohibited to park any motor vehicle which

is not properly displaying registration plates or decals issued

to a person with disabilities, as defined by Section 1-159.1,

pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a

veteran with a disability disabled veteran pursuant to Section

3-609 of this Act, as evidence that the vehicle is operated by

or for a person with disabilities or a veteran with a

disability disabled veteran, in any parking place, including

any private or public offstreet parking facility, specifically

reserved, by the posting of an official sign as designated

under Section 11-301, for motor vehicles displaying such

registration plates. It shall be prohibited to park any motor

vehicle in a designated access aisle adjacent to any parking

place specifically reserved for persons with disabilities, by

the posting of an official sign as designated under Section

11-301, for motor vehicles displaying such registration

plates. When using the parking privileges for persons with

disabilities, the parking decal or device must be displayed

properly in the vehicle where it is clearly visible to law

enforcement personnel, either hanging from the rearview mirror

or placed on the dashboard of the vehicle in clear view.

Disability license plates and parking decals and devices are

not transferable from person to person. Proper usage of the

disability license plate or parking decal or device requires

the authorized holder to be present and enter or exit the

vehicle at the time the parking privileges are being used. It

is a violation of this Section to park in a space reserved for

a person with disabilities if the authorized holder of the

disability license plate or parking decal or device does not

enter or exit the vehicle at the time the parking privileges

are being used. Any motor vehicle properly displaying a

disability license plate or a parking decal or device

containing the International symbol of access issued to persons

with disabilities by any local authority, state, district,

territory or foreign country shall be recognized by State and

local authorities as a valid license plate or device and

receive the same parking privileges as residents of this State.

(a-1) An individual with a vehicle displaying disability

license plates or a parking decal or device issued to a

qualified person with a disability under Sections 3-616,

11-1301.1, or 11-1301.2 or to a veteran with a disability

disabled veteran under Section 3-609 is in violation of this

Section if (i) the person using the disability license plate or

parking decal or device is not the authorized holder of the

disability license plate or parking decal or device or is not

transporting the authorized holder of the disability license

plate or parking decal or device to or from the parking

location and (ii) the person uses the disability license plate

or parking decal or device to exercise any privileges granted

through the disability license plate or parking decals or

devices under this Code.

(a-2) A driver of a vehicle displaying disability license

plates or a parking decal or device issued to a qualified

person with a disability under Section 3-616, 11-1301.1, or

11-1301.2 or to a veteran with a disability disabled veteran

under Section 3-609 is in violation of this Section if (i) the

person to whom the disability license plate or parking decal or

device was issued is deceased and (ii) the driver uses the

disability license plate or parking decal or device to exercise

any privileges granted through a disability license plate or

parking decal or device under this Code.

(b) Any person or local authority owning or operating any

public or private offstreet parking facility may, after

notifying the police or sheriff's department, remove or cause

to be removed to the nearest garage or other place of safety

any vehicle parked within a stall or space reserved for use by

a person with disabilities which does not display person with

disabilities registration plates or a special decal or device

as required under this Section.

(c) Any person found guilty of violating the provisions of

subsection (a) shall be fined $250 in addition to any costs or

charges connected with the removal or storage of any motor

vehicle authorized under this Section; but municipalities by

ordinance may impose a fine up to $350 and shall display signs

indicating the fine imposed. If the amount of the fine is

subsequently changed, the municipality shall change the sign to

indicate the current amount of the fine. It shall not be a

defense to a charge under this Section that either the sign

posted pursuant to this Section or the intended accessible

parking place does not comply with the technical requirements

of Section 11-301, Department regulations, or local ordinance

if a reasonable person would be made aware by the sign or

notice on or near the parking place that the place is reserved

for a person with disabilities.

(c-1) Any person found guilty of violating the provisions

of subsection (a-1) a first time shall be fined $600. Any

person found guilty of violating subsection (a-1) a second or

subsequent time shall be fined $1,000. Any person who violates

subsection (a-2) is guilty of a Class A misdemeanor and shall

be fined $2,500. The circuit clerk shall distribute 50% of the

fine imposed on any person who is found guilty of or pleads

guilty to violating this Section, including any person placed

on court supervision for violating this Section, to the law

enforcement agency that issued the citation or made the arrest.

If more than one law enforcement agency is responsible for

issuing the citation or making the arrest, the 50% of the fine

imposed shall be shared equally. If an officer of the Secretary

of State Department of Police arrested a person for a violation

of this Section, 50% of the fine imposed shall be deposited

into the Secretary of State Police Services Fund.

(d) Local authorities shall impose fines as established in

subsections (c) and (c-1) for violations of this Section.

(e) As used in this Section, "authorized holder" means an

individual issued a disability license plate under Section

3-616 of this Code, an individual issued a parking decal or

device under Section 11-1301.2 of this Code, or an individual

issued a disabled veteran's license plate for veterans with

disabilities under Section 3-609 of this Code.

(f) Any person who commits a violation of subsection (a-1)

or a similar provision of a local ordinance may have his or her

driving privileges suspended or revoked by the Secretary of

State for a period of time determined by the Secretary of

State. Any person who commits a violation of subsection (a-2)

or a similar provision of a local ordinance shall have his or

her driving privileges revoked by the Secretary of State. The

Secretary of State may also suspend or revoke the disability

license plates or parking decal or device for a period of time

determined by the Secretary of State.

(g) Any police officer may seize the parking decal or

device from any person who commits a violation of this Section.

Any police officer may seize the disability license plate upon

authorization from the Secretary of State. Any police officer

may request that the Secretary of State revoke the parking

decal or device or the disability license plate of any person

who commits a violation of this Section.

(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463,

eff. 8-16-13.)

(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)

Sec. 11-1301.4. Reciprocal agreements with other

jurisdictions. The Secretary of State, or his designee, may

enter into agreements with other jurisdictions, including

foreign jurisdictions, on behalf of this State relating to the

extension of parking privileges by such jurisdictions to

permanently disabled residents of this State with disabilities

who display a special license plate or parking device that

contains the International symbol of access on his or her motor

vehicle, and to recognize such plates or devices issued by such

other jurisdictions. This State shall grant the same parking

privileges which are granted to disabled residents of this

State with disabilities to any non-resident whose motor vehicle

is licensed in another state, district, territory or foreign

country if such vehicle displays the International symbol of

access or a distinguishing insignia on license plates or

parking device issued in accordance with the laws of the

non-resident's state, district, territory or foreign country.

(Source: P.A. 86-539.)

(625 ILCS 5/11-1301.5)

Sec. 11-1301.5. Fictitious or unlawfully altered

disability license plate or parking decal or device.

(a) As used in this Section:

"Fictitious disability license plate or parking decal or

device" means any issued disability license plate or parking

decal or device, or any license plate issued to a veteran with

a disability disabled veteran under Section 3-609 of this Code,

that has been issued by the Secretary of State or an authorized

unit of local government that was issued based upon false

information contained on the required application.

"False information" means any incorrect or inaccurate

information concerning the name, date of birth, social security

number, driver's license number, physician certification, or

any other information required on the Persons with Disabilities

Certification for Plate or Parking Placard, on the Application

for Replacement Disability Parking Placard, or on the

application for license plates issued to veterans with

disabilities disabled veterans under Section 3-609 of this

Code, that falsifies the content of the application.

"Unlawfully altered disability license plate or parking

permit or device" means any disability license plate or parking

permit or device, or any license plate issued to a veteran with

a disability disabled veteran under Section 3-609 of this Code,

issued by the Secretary of State or an authorized unit of local

government that has been physically altered or changed in such

manner that false information appears on the license plate or

parking decal or device.

"Authorized holder" means an individual issued a

disability license plate under Section 3-616 of this Code or an

individual issued a parking decal or device under Section

11-1301.2 of this Code, or an individual issued a disabled

veteran's license plate for veterans with disabilities under

Section 3-609 of this Code.

(b) It is a violation of this Section for any person:

(1) to knowingly possess any fictitious or unlawfully

altered disability license plate or parking decal or

device;

(2) to knowingly issue or assist in the issuance of, by

the Secretary of State or unit of local government, any

fictitious disability license plate or parking decal or

device;

(3) to knowingly alter any disability license plate or

parking decal or device;

(4) to knowingly manufacture, possess, transfer, or

provide any documentation used in the application process

whether real or fictitious, for the purpose of obtaining a

fictitious disability license plate or parking decal or

device;

(5) to knowingly provide any false information to the

Secretary of State or a unit of local government in order

to obtain a disability license plate or parking decal or

device;

(6) to knowingly transfer a disability license plate or

parking decal or device for the purpose of exercising the

privileges granted to an authorized holder of a disability

license plate or parking decal or device under this Code in

the absence of the authorized holder; or

(7) who is a physician, physician assistant, or

advanced practice nurse to knowingly falsify a

certification that a person is a person with disabilities

as defined by Section 1-159.1 of this Code.

(c) Sentence.

(1) Any person convicted of a violation of paragraph

(1), (2), (3), (4), (5), or (7) of subsection (b) of this

Section shall be guilty of a Class A misdemeanor and fined

not less than $1,000 for a first offense and shall be

guilty of a Class 4 felony and fined not less than $2,000

for a second or subsequent offense. Any person convicted of

a violation of subdivision (b)(6) of this Section is guilty

of a Class A misdemeanor and shall be fined not less than

$1,000 for a first offense and not less than $2,000 for a

second or subsequent offense. The circuit clerk shall

distribute one-half of any fine imposed on any person who

is found guilty of or pleads guilty to violating this

Section, including any person placed on court supervision

for violating this Section, to the law enforcement agency

that issued the citation or made the arrest. If more than

one law enforcement agency is responsible for issuing the

citation or making the arrest, one-half of the fine imposed

shall be shared equally.

(2) Any person who commits a violation of this Section

or a similar provision of a local ordinance may have his or

her driving privileges suspended or revoked by the

Secretary of State for a period of time determined by the

Secretary of State. The Secretary of State may suspend or

revoke the parking decal or device or the disability

license plate of any person who commits a violation of this

Section.

(3) Any police officer may seize the parking decal or

device from any person who commits a violation of this

Section. Any police officer may seize the disability

license plate upon authorization from the Secretary of

State. Any police officer may request that the Secretary of

State revoke the parking decal or device or the disability

license plate of any person who commits a violation of this

Section.

(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463,

eff. 8-16-13.)

(625 ILCS 5/11-1301.6)

Sec. 11-1301.6. Fraudulent disability license plate or

parking decal or device.

(a) As used in this Section:

"Fraudulent disability license plate or parking decal or

device" means any disability license plate or parking decal or

device that purports to be an official disability license plate

or parking decal or device and that has not been issued by the

Secretary of State or an authorized unit of local government.

"Disability license plate or parking decal or

device-making implement" means any implement specially

designed or primarily used in the manufacture, assembly, or

authentication of a disability license plate or parking decal

or device, or a license plate issued to a veteran with a

disability disabled veteran under Section 3-609 of this Code,

issued by the Secretary of State or a unit of local government.

(b) It is a violation of this Section for any person:

(1) to knowingly possess any fraudulent disability

license plate or parking decal;

(2) to knowingly possess without authority any

disability license plate or parking decal or device-making

implement;

(3) to knowingly duplicate, manufacture, sell, or

transfer any fraudulent or stolen disability license plate

or parking decal or device;

(4) to knowingly assist in the duplication,

manufacturing, selling, or transferring of any fraudulent,

stolen, or reported lost or damaged disability license

plate or parking decal or device; or

(5) to advertise or distribute a fraudulent disability

license plate or parking decal or device.

(c) Sentence.

(1) Any person convicted of a violation of this

Section shall be guilty of a Class A misdemeanor and fined

not less than $1,000 for a first offense and shall be

guilty of a Class 4 felony and fined not less than $2,000

for a second or subsequent offense. The circuit clerk shall

distribute half of any fine imposed on any person who is

found guilty of or pleads guilty to violating this Section,

including any person placed on court supervision for

violating this Section, to the law enforcement agency that

issued the citation or made the arrest. If more than one

law enforcement agency is responsible for issuing the

citation or making the arrest, one-half of the fine imposed

shall be shared equally.

(2) Any person who commits a violation of this Section

or a similar provision of a local ordinance may have his or

her driving privileges suspended or revoked by the

Secretary of State for a period of time determined by the

Secretary of State.

(3) Any police officer may seize the parking decal or

device from any person who commits a violation of this

Section. Any police officer may seize the disability

license plate upon authorization from the Secretary of

State. Any police officer may request that the Secretary of

State revoke the parking decal or device or the disability

license plate of any person who commits a violation of this

Section.

(Source: P.A. 96-79, eff. 1-1-10; 97-844, eff. 1-1-13.)

(625 ILCS 5/11-1301.7)

Sec. 11-1301.7. Appointed volunteers and contracted

entities; parking violations for persons with disabilities

disabled person parking violations.

(a) The chief of police of a municipality and the sheriff

of a county authorized to enforce parking laws may appoint

volunteers or contract with public or private entities to issue

parking violation notices for violations of Section 11-1301.3

or ordinances dealing with parking privileges for persons with

disabilities. Volunteers appointed under this Section and any

employees of public or private entities that the chief of

police or sheriff has contracted with under this Section who

are issuing these parking violation notices must be at least 21

years of age. The chief of police or sheriff appointing the

volunteers or contracting with public or private entities may

establish any other qualifications that he or she deems

desirable.

(b) The chief of police or sheriff appointing volunteers

under this Section shall provide training to the volunteers

before authorizing them to issue parking violation notices.

(c) A parking violation notice issued by a volunteer

appointed under this Section or by a public or private entity

that the chief of police or sheriff has contracted with under

this Section shall have the same force and effect as a parking

violation notice issued by a police officer for the same

offense.

(d) All funds collected as a result of the payment of the

parking violation notices issued under this Section shall go to

the municipality or county where the notice is issued.

(e) An appointed volunteer or private or public entity

under contract pursuant to this Section is not liable for his

or her or its act or omission in the execution or enforcement

of laws or ordinances if acting within the scope of the

appointment or contract authorized by this Section, unless the

act or omission constitutes willful and wanton conduct.

(f) Except as otherwise provided by statute, a local

government, a chief of police, sheriff, or employee of a police

department or sheriff, as such and acting within the scope of

his or her employment, is not liable for an injury caused by

the act or omission of an appointed volunteer or private or

public entity under contract pursuant to this Section. No local

government, chief of police, sheriff, or an employee of a local

government, police department or sheriff shall be liable for

any actions regarding the supervision or direction, or the

failure to supervise and direct, an appointed volunteer or

private or public entity under contract pursuant to this

Section unless the act or omission constitutes willful and

wanton conduct.

(g) An appointed volunteer or private or public entity

under contract pursuant to this Section shall assume all

liability for and hold the property owner and his agents and

employees harmless from any and all claims of action resulting

from the work of the appointed volunteer or public or private

entity.

(Source: P.A. 90-181, eff. 7-23-97; 90-655, eff. 7-30-98.)

(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)

Sec. 12-401. Restriction as to tire equipment. No metal

tired vehicle, including tractors, motor vehicles of the second

division, traction engines and other similar vehicles, shall be

operated over any improved highway of this State, if such

vehicle has on the periphery of any of the road wheels any

block, stud, flange, cleat, ridge, lug or any projection of

metal or wood which projects radially beyond the tread or

traffic surface of the tire. This prohibition does not apply to

pneumatic tires with metal studs used on vehicles operated by

rural letter carriers who are employed or enjoy a contract with

the United States Postal Service for the purpose of delivering

mail if such vehicle is actually used for such purpose during

operations between November 15 of any year and April 1 of the

following year, or to motor vehicles displaying a disability

license plate or a or disabled veteran license plate for

veterans with disabilities whose owner resides in an

unincorporated area located upon a county or township highway

or road and possesses a valid driver's license and operates the

vehicle with such tires only during the period heretofore

described, or to tracked type motor vehicles when that part of

the vehicle coming in contact with the road surface does not

contain any projections of any kind likely to injure the

surface of the road; however, tractors, traction engines, and

similar vehicles may be operated which have upon their road

wheels V-shaped, diagonal or other cleats arranged in such a

manner as to be continuously in contact with the road surface,

provided that the gross weight upon such wheels per inch of

width of such cleats in contact with the road surface, when

measured in the direction of the axle of the vehicle, does not

exceed 800 pounds.

All motor vehicles and all other vehicles in tow thereof,

or thereunto attached, operating upon any roadway, shall have

tires of rubber or some material of equal resiliency. Solid

tires shall be considered defective and shall not be permitted

to be used if the rubber or other material has been worn or

otherwise reduced to a thickness of less than three-fourths of

an undue vibration when the vehicle is in motion or to cause

undue concentration of the wheel load on the surface of the

road. The requirements of this Section do not apply to

agricultural tractors or traction engines or to agricultural

machinery, including wagons being used for agricultural

purposes in tow thereof, or to road rollers or road building

machinery operated at a speed not in excess of 10 miles per

hour. All motor vehicles of the second division, operating upon

any roadway shall have pneumatic tires, unless exempted herein.

Nothing in this Section shall be deemed to prohibit the use

of tire chains of reasonable proportion upon any vehicle when

required for safety because of snow, ice or other conditions

tending to cause a vehicle to skid.

(Source: P.A. 94-619, eff. 1-1-06.)

Section 870. The Boat Registration and Safety Act is

amended by changing Section 3A-15 as follows:

(625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)

Sec. 3A-15. Transfer by operation of law.

(a) If the interest of an owner in a watercraft passes to

another other than by voluntary transfer, the transferee shall,

except as provided in subsection (b), promptly mail or deliver

within 15 days to the Department of Natural Resources the last

certificate of title, if available, proof of the transfer, and

his or her application for a new certificate in the form the

Department prescribes. It shall be unlawful for any person

having possession of a certificate of title for a watercraft by

reason of his or her having a lien or encumbrance on such

watercraft, to fail or refuse to deliver such certificate to

the owner, upon the satisfaction or discharge of the lien or

encumbrance, indicated upon such certificate of title.

(b) If the interest of an owner in a watercraft passes to

another under the provisions of the Small Estates provisions of

the Probate Act of 1975, as amended, the transferee shall

promptly mail or deliver to the Department of Natural

Resources, within 120 days, the last certificate of title, if

available, the documentation required under the provisions of

the Probate Act of 1975, as amended, and an application for

certificate of title. The transfer may be to the transferee or

to the nominee of the transferee.

(c) If the interest of an owner in a watercraft passes to

another under other provisions of the Probate Act of 1975, as

amended, and the transfer is made by an executor,

administrator, or guardian for a person with a disability

disabled person, such transferee shall promptly mail or deliver

to the Department of Natural Resources, the last certificate of

title, if available, and a certified copy of the letters

testamentary, letters of administration or letters of

guardianship, as the case may be, and an application for

certificate of title. Such application shall be made before the

estate is closed. The transfer may be to the transferee or to

the nominee of the transferee.

(d) If the interest of an owner in joint tenancy passes to

the other joint tenant with survivorship rights as provided by

law, the transferee shall promptly mail or deliver to the

Department of Natural Resources, the last certificate of title,

if available, proof of death of the one joint tenant and

survivorship of the surviving joint tenant, and an application

for certificate of title. Such application shall be made within

120 days after the death of the joint tenant. The transfer may

be to the transferee or to the nominee of the transferee.

(e) If the interest of the owner is terminated or the

watercraft is sold under a security agreement by a lienholder

named in the certificate of title, the transferee shall

promptly mail or deliver within 15 days to the Department of

Natural Resources the last certificate of title, his or her

application for a new certificate in the form the Department

prescribes, and an affidavit made by or on behalf of the

lienholder that the watercraft was repossessed and that the

interest of the owner was lawfully terminated or sold pursuant

to the terms of the security agreement. In all cases wherein a

lienholder has found it necessary to repossess a watercraft and

desires to obtain certificate of title for such watercraft in

the name of such lienholder, the Department of Natural

Resources shall not issue a certificate of title to such

lienholder unless the person from whom such watercraft has been

repossessed, is shown to be the last registered owner of such

watercraft and such lienholder establishes to the satisfaction

of the Department that he or she is entitled to such

certificate of title.

(f) A person holding a certificate of title whose interest

in the watercraft has been extinguished or transferred other

than by voluntary transfer shall mail or deliver the

certificate within 15 days upon request of the Department of

Natural Resources. The delivery of the certificate pursuant to

the request of the Department of Natural Resources does not

affect the rights of the person surrendering the certificate,

and the action of the Department in issuing a new certificate

of title as provided herein is not conclusive upon the rights

of an owner or lienholder named in the old certificate.

(g) The Department of Natural Resources may decline to

process any application for a transfer of an interest hereunder

if any fees or taxes due under this Act from the transferor or

the transferee have not been paid upon reasonable notice and

demand.

(h) The Department of Natural Resources shall not be held

civilly or criminally liable to any person because any

purported transferor may not have had the power or authority to

make a transfer of any interest in any watercraft.

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

Section 875. The Juvenile Court Act of 1987 is amended by

changing Section 2-3 as follows:

(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)

Sec. 2-3. Neglected or abused minor.

(1) Those who are neglected include:

(a) any minor under 18 years of age who is not

receiving the proper or necessary support, education as

required by law, or medical or other remedial care

recognized under State law as necessary for a minor's

well-being, or other care necessary for his or her

well-being, including adequate food, clothing and shelter,

or who is abandoned by his or her parent or parents or

other person or persons responsible for the minor's

welfare, except that a minor shall not be considered

neglected for the sole reason that the minor's parent or

parents or other person or persons responsible for the

minor's welfare have left the minor in the care of an adult

relative for any period of time, who the parent or parents

or other person responsible for the minor's welfare know is

both a mentally capable adult relative and physically

capable adult relative, as defined by this Act; or

(b) any minor under 18 years of age whose environment

is injurious to his or her welfare; or

(c) any newborn infant whose blood, urine, or meconium

contains any amount of a controlled substance as defined in

subsection (f) of Section 102 of the Illinois Controlled

Substances Act, as now or hereafter amended, or a

metabolite of a controlled substance, with the exception of

controlled substances or metabolites of such substances,

the presence of which in the newborn infant is the result

of medical treatment administered to the mother or the

newborn infant; or

(d) any minor under the age of 14 years whose parent or

other person responsible for the minor's welfare leaves the

minor without supervision for an unreasonable period of

time without regard for the mental or physical health,

safety, or welfare of that minor; or

(e) any minor who has been provided with interim crisis

intervention services under Section 3-5 of this Act and

whose parent, guardian, or custodian refuses to permit the

minor to return home unless the minor is an immediate

physical danger to himself, herself, or others living in

the home.

Whether the minor was left without regard for the mental or

physical health, safety, or welfare of that minor or the period

of time was unreasonable shall be determined by considering the

following factors, including but not limited to:

(1) the age of the minor;

(2) the number of minors left at the location;

(3) special needs of the minor, including whether the

minor is a person with a physical or mental disability

physically or mentally handicapped, or otherwise in need of

ongoing prescribed medical treatment such as periodic

doses of insulin or other medications;

(4) the duration of time in which the minor was left

without supervision;

(5) the condition and location of the place where the

minor was left without supervision;

(6) the time of day or night when the minor was left

without supervision;

(7) the weather conditions, including whether the

minor was left in a location with adequate protection from

the natural elements such as adequate heat or light;

(8) the location of the parent or guardian at the time

the minor was left without supervision, the physical

distance the minor was from the parent or guardian at the

time the minor was without supervision;

(9) whether the minor's movement was restricted, or the

minor was otherwise locked within a room or other

structure;

(10) whether the minor was given a phone number of a

person or location to call in the event of an emergency and

whether the minor was capable of making an emergency call;

(11) whether there was food and other provision left

for the minor;

(12) whether any of the conduct is attributable to

economic hardship or illness and the parent, guardian or

other person having physical custody or control of the

child made a good faith effort to provide for the health

and safety of the minor;

(13) the age and physical and mental capabilities of

the person or persons who provided supervision for the

minor;

(14) whether the minor was left under the supervision

of another person;

(15) any other factor that would endanger the health

and safety of that particular minor.

A minor shall not be considered neglected for the sole

reason that the minor has been relinquished in accordance with

the Abandoned Newborn Infant Protection Act.

(2) Those who are abused include any minor under 18 years

of age whose parent or immediate family member, or any person

responsible for the minor's welfare, or any person who is in

the same family or household as the minor, or any individual

residing in the same home as the minor, or a paramour of the

minor's parent:

(i) inflicts, causes to be inflicted, or allows to be

inflicted upon such minor physical injury, by other than

accidental means, which causes death, disfigurement,

impairment of physical or emotional health, or loss or

impairment of any bodily function;

(ii) creates a substantial risk of physical injury to

such minor by other than accidental means which would be

likely to cause death, disfigurement, impairment of

emotional health, or loss or impairment of any bodily

function;

(iii) commits or allows to be committed any sex offense

against such minor, as such sex offenses are defined in the

Criminal Code of 1961 or the Criminal Code of 2012, or in

the Wrongs to Children Act, and extending those definitions

of sex offenses to include minors under 18 years of age;

(iv) commits or allows to be committed an act or acts

of torture upon such minor;

(v) inflicts excessive corporal punishment;

(vi) commits or allows to be committed the offense of

involuntary servitude, involuntary sexual servitude of a

minor, or trafficking in persons as defined in Section 10-9

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

upon such minor; or

(vii) allows, encourages or requires a minor to commit

any act of prostitution, as defined in the Criminal Code of

1961 or the Criminal Code of 2012, and extending those

definitions to include minors under 18 years of age.

A minor shall not be considered abused for the sole reason

that the minor has been relinquished in accordance with the

Abandoned Newborn Infant Protection Act.

(3) This Section does not apply to a minor who would be

included herein solely for the purpose of qualifying for

financial assistance for himself, his parents, guardian or

custodian.

(Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10;

97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)

Section 880. The Criminal Code of 2012 is amended by

changing Sections 2-10.1, 2-15a, 9-1, 10-1, 10-2, 10-5,

11-1.30, 11-1.60, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 12-0.1,

12-2, 12-3.05, 12C-10, 16-30, 17-2, 17-6, 17-6.5, 17-10.2,

18-1, 18-4, 24-3, 24-3.1, and 48-10 as follows:

(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)

Sec. 2-10.1. "Person with a severe or profound intellectual

disability" Severely or profoundly intellectually disabled

person" means a person (i) whose intelligence quotient does not

exceed 40 or (ii) whose intelligence quotient does not exceed

55 and who suffers from significant mental illness to the

extent that the person's ability to exercise rational judgment

is impaired. In any proceeding in which the defendant is

charged with committing a violation of Section 10-2, 10-5,

11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision

(b)(1) of Section 12-3.05, of this Code against a victim who is

alleged to be a person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person, any findings concerning the victim's status as a person

with a severe or profound intellectual disability severely or

profoundly intellectually disabled person, made by a court

after a judicial admission hearing concerning the victim under

Articles V and VI of Chapter IV of the Mental Health and

Developmental Disabilities Code shall be admissible.

(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;

98-756, eff. 7-16-14.)

(720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)

Sec. 2-15a. "Person with a physical disability" Physically

handicapped person". "Person with a physical disability"

Physically handicapped person" means a person who suffers from

a permanent and disabling physical characteristic, resulting

from disease, injury, functional disorder, or congenital

condition.

(Source: P.A. 85-691.)

(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

Sec. 9-1. First degree Murder - Death penalties -

Exceptions - Separate Hearings - Proof - Findings - Appellate

procedures - Reversals.

(a) A person who kills an individual without lawful

justification commits first degree murder if, in performing the

acts which cause the death:

(1) he either intends to kill or do great bodily harm

to that individual or another, or knows that such acts will

cause death to that individual or another; or

(2) he knows that such acts create a strong probability

of death or great bodily harm to that individual or

another; or

(3) he is attempting or committing a forcible felony

other than second degree murder.

(b) Aggravating Factors. A defendant who at the time of the

commission of the offense has attained the age of 18 or more

and who has been found guilty of first degree murder may be

sentenced to death if:

(1) the murdered individual was a peace officer or

fireman killed in the course of performing his official

duties, to prevent the performance of his official duties,

or in retaliation for performing his official duties, and

the defendant knew or should have known that the murdered

individual was a peace officer or fireman; or

(2) the murdered individual was an employee of an

institution or facility of the Department of Corrections,

or any similar local correctional agency, killed in the

course of performing his official duties, to prevent the

performance of his official duties, or in retaliation for

performing his official duties, or the murdered individual

was an inmate at such institution or facility and was

killed on the grounds thereof, or the murdered individual

was otherwise present in such institution or facility with

the knowledge and approval of the chief administrative

officer thereof; or

(3) the defendant has been convicted of murdering two

or more individuals under subsection (a) of this Section or

under any law of the United States or of any state which is

substantially similar to subsection (a) of this Section

regardless of whether the deaths occurred as the result of

the same act or of several related or unrelated acts so

long as the deaths were the result of either an intent to

kill more than one person or of separate acts which the

defendant knew would cause death or create a strong

probability of death or great bodily harm to the murdered

individual or another; or

(4) the murdered individual was killed as a result of

the hijacking of an airplane, train, ship, bus or other

public conveyance; or

(5) the defendant committed the murder pursuant to a

contract, agreement or understanding by which he was to

receive money or anything of value in return for committing

the murder or procured another to commit the murder for

money or anything of value; or

(6) the murdered individual was killed in the course of

another felony if:

(a) the murdered individual:

(i) was actually killed by the defendant, or

(ii) received physical injuries personally

inflicted by the defendant substantially

contemporaneously with physical injuries caused by

one or more persons for whose conduct the defendant

is legally accountable under Section 5-2 of this

Code, and the physical injuries inflicted by

either the defendant or the other person or persons

for whose conduct he is legally accountable caused

the death of the murdered individual; and

(b) in performing the acts which caused the death

of the murdered individual or which resulted in

physical injuries personally inflicted by the

defendant on the murdered individual under the

circumstances of subdivision (ii) of subparagraph (a)

of paragraph (6) of subsection (b) of this Section, the

defendant acted with the intent to kill the murdered

individual or with the knowledge that his acts created

a strong probability of death or great bodily harm to

the murdered individual or another; and

(c) the other felony was an inherently violent

crime or the attempt to commit an inherently violent

crime. In this subparagraph (c), "inherently violent

crime" includes, but is not limited to, armed robbery,

robbery, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, aggravated

kidnapping, aggravated vehicular hijacking, aggravated

arson, aggravated stalking, residential burglary, and

home invasion; or

(7) the murdered individual was under 12 years of age

and the death resulted from exceptionally brutal or heinous

behavior indicative of wanton cruelty; or

(8) the defendant committed the murder with intent to

prevent the murdered individual from testifying or

participating in any criminal investigation or prosecution

or giving material assistance to the State in any

investigation or prosecution, either against the defendant

or another; or the defendant committed the murder because

the murdered individual was a witness in any prosecution or

gave material assistance to the State in any investigation

or prosecution, either against the defendant or another;

for purposes of this paragraph (8), "participating in any

criminal investigation or prosecution" is intended to

include those appearing in the proceedings in any capacity

such as trial judges, prosecutors, defense attorneys,

investigators, witnesses, or jurors; or

(9) the defendant, while committing an offense

punishable under Sections 401, 401.1, 401.2, 405, 405.2,

407 or 407.1 or subsection (b) of Section 404 of the

Illinois Controlled Substances Act, or while engaged in a

conspiracy or solicitation to commit such offense,

intentionally killed an individual or counseled,

commanded, induced, procured or caused the intentional

killing of the murdered individual; or

(10) the defendant was incarcerated in an institution

or facility of the Department of Corrections at the time of

the murder, and while committing an offense punishable as a

felony under Illinois law, or while engaged in a conspiracy

or solicitation to commit such offense, intentionally

killed an individual or counseled, commanded, induced,

procured or caused the intentional killing of the murdered

individual; or

(11) the murder was committed in a cold, calculated and

premeditated manner pursuant to a preconceived plan,

scheme or design to take a human life by unlawful means,

and the conduct of the defendant created a reasonable

expectation that the death of a human being would result

therefrom; or

(12) the murdered individual was an emergency medical

technician - ambulance, emergency medical technician -

intermediate, emergency medical technician - paramedic,

ambulance driver, or other medical assistance or first aid

personnel, employed by a municipality or other

governmental unit, killed in the course of performing his

official duties, to prevent the performance of his official

duties, or in retaliation for performing his official

duties, and the defendant knew or should have known that

the murdered individual was an emergency medical

technician - ambulance, emergency medical technician -

intermediate, emergency medical technician - paramedic,

ambulance driver, or other medical assistance or first aid

personnel; or

(13) the defendant was a principal administrator,

organizer, or leader of a calculated criminal drug

conspiracy consisting of a hierarchical position of

authority superior to that of all other members of the

conspiracy, and the defendant counseled, commanded,

induced, procured, or caused the intentional killing of the

murdered person; or

(14) the murder was intentional and involved the

infliction of torture. For the purpose of this Section

torture means the infliction of or subjection to extreme

physical pain, motivated by an intent to increase or

prolong the pain, suffering or agony of the victim; or

(15) the murder was committed as a result of the

intentional discharge of a firearm by the defendant from a

motor vehicle and the victim was not present within the

motor vehicle; or

(16) the murdered individual was 60 years of age or

older and the death resulted from exceptionally brutal or

heinous behavior indicative of wanton cruelty; or

(17) the murdered individual was a person with a

disability disabled person and the defendant knew or should

have known that the murdered individual was a person with a

disability disabled. For purposes of this paragraph (17),

"person with a disability disabled person" means a person

who suffers from a permanent physical or mental impairment

resulting from disease, an injury, a functional disorder,

or a congenital condition that renders the person incapable

of adequately providing for his or her own health or

personal care; or

(18) the murder was committed by reason of any person's

activity as a community policing volunteer or to prevent

any person from engaging in activity as a community

policing volunteer; or

(19) the murdered individual was subject to an order of

protection and the murder was committed by a person against

whom the same order of protection was issued under the

Illinois Domestic Violence Act of 1986; or

(20) the murdered individual was known by the defendant

to be a teacher or other person employed in any school and

the teacher or other employee is upon the grounds of a

school or grounds adjacent to a school, or is in any part

of a building used for school purposes; or

(21) the murder was committed by the defendant in

connection with or as a result of the offense of terrorism

as defined in Section 29D-14.9 of this Code.

(b-5) Aggravating Factor; Natural Life Imprisonment. A

defendant who has been found guilty of first degree murder and

who at the time of the commission of the offense had attained

the age of 18 years or more may be sentenced to natural life

imprisonment if (i) the murdered individual was a physician,

physician assistant, psychologist, nurse, or advanced practice

nurse, (ii) the defendant knew or should have known that the

murdered individual was a physician, physician assistant,

psychologist, nurse, or advanced practice nurse, and (iii) the

murdered individual was killed in the course of acting in his

or her capacity as a physician, physician assistant,

psychologist, nurse, or advanced practice nurse, or to prevent

him or her from acting in that capacity, or in retaliation for

his or her acting in that capacity.

(c) Consideration of factors in Aggravation and

Mitigation.

The court shall consider, or shall instruct the jury to

consider any aggravating and any mitigating factors which are

relevant to the imposition of the death penalty. Aggravating

factors may include but need not be limited to those factors

set forth in subsection (b). Mitigating factors may include but

need not be limited to the following:

(1) the defendant has no significant history of prior

criminal activity;

(2) the murder was committed while the defendant was

under the influence of extreme mental or emotional

disturbance, although not such as to constitute a defense

to prosecution;

(3) the murdered individual was a participant in the

defendant's homicidal conduct or consented to the

homicidal act;

(4) the defendant acted under the compulsion of threat

or menace of the imminent infliction of death or great

bodily harm;

(5) the defendant was not personally present during

commission of the act or acts causing death;

(6) the defendant's background includes a history of

extreme emotional or physical abuse;

(7) the defendant suffers from a reduced mental

capacity.

(d) Separate sentencing hearing.

Where requested by the State, the court shall conduct a

separate sentencing proceeding to determine the existence of

factors set forth in subsection (b) and to consider any

aggravating or mitigating factors as indicated in subsection

(c). The proceeding shall be conducted:

(1) before the jury that determined the defendant's

guilt; or

(2) before a jury impanelled for the purpose of the

proceeding if:

A. the defendant was convicted upon a plea of

guilty; or

B. the defendant was convicted after a trial before

the court sitting without a jury; or

C. the court for good cause shown discharges the

jury that determined the defendant's guilt; or

(3) before the court alone if the defendant waives a

jury for the separate proceeding.

(e) Evidence and Argument.

During the proceeding any information relevant to any of

the factors set forth in subsection (b) may be presented by

either the State or the defendant under the rules governing the

admission of evidence at criminal trials. Any information

relevant to any additional aggravating factors or any

mitigating factors indicated in subsection (c) may be presented

by the State or defendant regardless of its admissibility under

the rules governing the admission of evidence at criminal

trials. The State and the defendant shall be given fair

opportunity to rebut any information received at the hearing.

(f) Proof.

The burden of proof of establishing the existence of any of

the factors set forth in subsection (b) is on the State and

shall not be satisfied unless established beyond a reasonable

doubt.

(g) Procedure - Jury.

If at the separate sentencing proceeding the jury finds

that none of the factors set forth in subsection (b) exists,

the court shall sentence the defendant to a term of

imprisonment under Chapter V of the Unified Code of

Corrections. If there is a unanimous finding by the jury that

one or more of the factors set forth in subsection (b) exist,

the jury shall consider aggravating and mitigating factors as

instructed by the court and shall determine whether the

sentence of death shall be imposed. If the jury determines

unanimously, after weighing the factors in aggravation and

mitigation, that death is the appropriate sentence, the court

shall sentence the defendant to death. If the court does not

concur with the jury determination that death is the

appropriate sentence, the court shall set forth reasons in

writing including what facts or circumstances the court relied

upon, along with any relevant documents, that compelled the

court to non-concur with the sentence. This document and any

attachments shall be part of the record for appellate review.

The court shall be bound by the jury's sentencing

determination.

If after weighing the factors in aggravation and

mitigation, one or more jurors determines that death is not the

appropriate sentence, the court shall sentence the defendant to

a term of imprisonment under Chapter V of the Unified Code of

Corrections.

(h) Procedure - No Jury.

In a proceeding before the court alone, if the court finds

that none of the factors found in subsection (b) exists, the

court shall sentence the defendant to a term of imprisonment

under Chapter V of the Unified Code of Corrections.

If the Court determines that one or more of the factors set

forth in subsection (b) exists, the Court shall consider any

aggravating and mitigating factors as indicated in subsection

(c). If the Court determines, after weighing the factors in

aggravation and mitigation, that death is the appropriate

sentence, the Court shall sentence the defendant to death.

If the court finds that death is not the appropriate

sentence, the court shall sentence the defendant to a term of

imprisonment under Chapter V of the Unified Code of

Corrections.

(h-5) Decertification as a capital case.

In a case in which the defendant has been found guilty of

first degree murder by a judge or jury, or a case on remand for

resentencing, and the State seeks the death penalty as an

appropriate sentence, on the court's own motion or the written

motion of the defendant, the court may decertify the case as a

death penalty case if the court finds that the only evidence

supporting the defendant's conviction is the uncorroborated

testimony of an informant witness, as defined in Section 115-21

of the Code of Criminal Procedure of 1963, concerning the

confession or admission of the defendant or that the sole

evidence against the defendant is a single eyewitness or single

accomplice without any other corroborating evidence. If the

court decertifies the case as a capital case under either of

the grounds set forth above, the court shall issue a written

finding. The State may pursue its right to appeal the

decertification pursuant to Supreme Court Rule 604(a)(1). If

the court does not decertify the case as a capital case, the

matter shall proceed to the eligibility phase of the sentencing

hearing.

(i) Appellate Procedure.

The conviction and sentence of death shall be subject to

automatic review by the Supreme Court. Such review shall be in

accordance with rules promulgated by the Supreme Court. The

Illinois Supreme Court may overturn the death sentence, and

order the imposition of imprisonment under Chapter V of the

Unified Code of Corrections if the court finds that the death

sentence is fundamentally unjust as applied to the particular

case. If the Illinois Supreme Court finds that the death

sentence is fundamentally unjust as applied to the particular

case, independent of any procedural grounds for relief, the

Illinois Supreme Court shall issue a written opinion explaining

this finding.

(j) Disposition of reversed death sentence.

In the event that the death penalty in this Act is held to

be unconstitutional by the Supreme Court of the United States

or of the State of Illinois, any person convicted of first

degree murder shall be sentenced by the court to a term of

imprisonment under Chapter V of the Unified Code of

Corrections.

In the event that any death sentence pursuant to the

sentencing provisions of this Section is declared

unconstitutional by the Supreme Court of the United States or

of the State of Illinois, the court having jurisdiction over a

person previously sentenced to death shall cause the defendant

to be brought before the court, and the court shall sentence

the defendant to a term of imprisonment under Chapter V of the

Unified Code of Corrections.

(k) Guidelines for seeking the death penalty.

The Attorney General and State's Attorneys Association

shall consult on voluntary guidelines for procedures governing

whether or not to seek the death penalty. The guidelines do not

have the force of law and are only advisory in nature.

(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)

(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)

Sec. 10-1. Kidnapping.

(a) A person commits the offense of kidnapping when he or

she knowingly:

(1) and secretly confines another against his or her

will;

(2) by force or threat of imminent force carries

another from one place to another with intent secretly to

confine that other person against his or her will; or

(3) by deceit or enticement induces another to go from

one place to another with intent secretly to confine that

other person against his or her will.

(b) Confinement of a child under the age of 13 years, or of

a person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person, is

against that child's or person's will within the meaning of

this Section if that confinement is without the consent of that

child's or person's parent or legal guardian.

(c) Sentence. Kidnapping is a Class 2 felony.

(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)

(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)

Sec. 10-2. Aggravated kidnaping.

(a) A person commits the offense of aggravated kidnaping

when he or she commits kidnapping and:

(1) kidnaps with the intent to obtain ransom from the

person kidnaped or from any other person;

(2) takes as his or her victim a child under the age of

13 years, or a person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person;

(3) inflicts great bodily harm, other than by the

discharge of a firearm, or commits another felony upon his

or her victim;

(4) wears a hood, robe, or mask or conceals his or her

identity;

(5) commits the offense of kidnaping while armed with a

dangerous weapon, other than a firearm, as defined in

Section 33A-1 of this Code;

(6) commits the offense of kidnaping while armed with a

firearm;

(7) during the commission of the offense of kidnaping,

personally discharges a firearm; or

(8) during the commission of the offense of kidnaping,

personally discharges a firearm that proximately causes

great bodily harm, permanent disability, permanent

disfigurement, or death to another person.

As used in this Section, "ransom" includes money, benefit,

or other valuable thing or concession.

(b) Sentence. Aggravated kidnaping in violation of

paragraph (1), (2), (3), (4), or (5) of subsection (a) is a

Class X felony. A violation of subsection (a)(6) is a Class X

felony for which 15 years shall be added to the term of

imprisonment imposed by the court. A violation of subsection

(a)(7) is a Class X felony for which 20 years shall be added to

the term of imprisonment imposed by the court. A violation of

subsection (a)(8) is a Class X felony for which 25 years or up

to a term of natural life shall be added to the term of

imprisonment imposed by the court.

A person who is convicted of a second or subsequent offense

of aggravated kidnaping shall be sentenced to a term of natural

life imprisonment; except that a sentence of natural life

imprisonment shall not be imposed under this Section unless the

second or subsequent offense was committed after conviction on

the first offense.

(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)

(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)

Sec. 10-5. Child abduction.

(a) For purposes of this Section, the following terms have

the following meanings:

(1) "Child" means a person who, at the time the alleged

violation occurred, was under the age of 18 or was a person

with a severe or profound intellectual disability severely

or profoundly intellectually disabled.

(2) "Detains" means taking or retaining physical

custody of a child, whether or not the child resists or

objects.

(2.1) "Express consent" means oral or written

permission that is positive, direct, and unequivocal,

requiring no inference or implication to supply its

meaning.

(2.2) "Luring" means any knowing act to solicit,

entice, tempt, or attempt to attract the minor.

(3) "Lawful custodian" means a person or persons

granted legal custody of a child or entitled to physical

possession of a child pursuant to a court order. It is

presumed that, when the parties have never been married to

each other, the mother has legal custody of the child

unless a valid court order states otherwise. If an

adjudication of paternity has been completed and the father

has been assigned support obligations or visitation

rights, such a paternity order should, for the purposes of

this Section, be considered a valid court order granting

custody to the mother.

(4) "Putative father" means a man who has a reasonable

belief that he is the father of a child born of a woman who

is not his wife.

(5) "Unlawful purpose" means any misdemeanor or felony

violation of State law or a similar federal or sister state

law or local ordinance.

(b) A person commits the offense of child abduction when he

or she does any one of the following:

(1) Intentionally violates any terms of a valid court

order granting sole or joint custody, care, or possession

to another by concealing or detaining the child or removing

the child from the jurisdiction of the court.

(2) Intentionally violates a court order prohibiting

the person from concealing or detaining the child or

removing the child from the jurisdiction of the court.

(3) Intentionally conceals, detains, or removes the

child without the consent of the mother or lawful custodian

of the child if the person is a putative father and either:

(A) the paternity of the child has not been legally

established or (B) the paternity of the child has been

legally established but no orders relating to custody have

been entered. Notwithstanding the presumption created by

paragraph (3) of subsection (a), however, a mother commits

child abduction when she intentionally conceals or removes

a child, whom she has abandoned or relinquished custody of,

from an unadjudicated father who has provided sole ongoing

care and custody of the child in her absence.

(4) Intentionally conceals or removes the child from a

parent after filing a petition or being served with process

in an action affecting marriage or paternity but prior to

the issuance of a temporary or final order determining

custody.

(5) At the expiration of visitation rights outside the

State, intentionally fails or refuses to return or impedes

the return of the child to the lawful custodian in

Illinois.

(6) Being a parent of the child, and if the parents of

that child are or have been married and there has been no

court order of custody, knowingly conceals the child for 15

days, and fails to make reasonable attempts within the

15-day period to notify the other parent as to the specific

whereabouts of the child, including a means by which to

contact the child, or to arrange reasonable visitation or

contact with the child. It is not a violation of this

Section for a person fleeing domestic violence to take the

child with him or her to housing provided by a domestic

violence program.

(7) Being a parent of the child, and if the parents of

the child are or have been married and there has been no

court order of custody, knowingly conceals, detains, or

removes the child with physical force or threat of physical

force.

(8) Knowingly conceals, detains, or removes the child

for payment or promise of payment at the instruction of a

person who has no legal right to custody.

(9) Knowingly retains in this State for 30 days a child

removed from another state without the consent of the

lawful custodian or in violation of a valid court order of

custody.

(10) Intentionally lures or attempts to lure a child:

(A) under the age of 17 or (B) while traveling to or from a

primary or secondary school into a motor vehicle, building,

housetrailer, or dwelling place without the consent of the

child's parent or lawful custodian for other than a lawful

purpose. For the purposes of this item (10), the trier of

fact may infer that luring or attempted luring of a child

under the age of 17 into a motor vehicle, building,

housetrailer, or dwelling place without the express

consent of the child's parent or lawful custodian or with

the intent to avoid the express consent of the child's

parent or lawful custodian was for other than a lawful

purpose.

(11) With the intent to obstruct or prevent efforts to

locate the child victim of a child abduction, knowingly

destroys, alters, conceals, or disguises physical evidence

or furnishes false information.

(c) It is an affirmative defense to subsections (b)(1)

through (b)(10) of this Section that:

(1) the person had custody of the child pursuant to a

court order granting legal custody or visitation rights

that existed at the time of the alleged violation;

(2) the person had physical custody of the child

pursuant to a court order granting legal custody or

visitation rights and failed to return the child as a

result of circumstances beyond his or her control, and the

person notified and disclosed to the other parent or legal

custodian the specific whereabouts of the child and a means

by which the child could be contacted or made a reasonable

attempt to notify the other parent or lawful custodian of

the child of those circumstances and made the disclosure

within 24 hours after the visitation period had expired and

returned the child as soon as possible;

(3) the person was fleeing an incidence or pattern of

domestic violence; or

(4) the person lured or attempted to lure a child under

the age of 17 into a motor vehicle, building, housetrailer,

or dwelling place for a lawful purpose in prosecutions

under paragraph (10) of subsection (b).

(d) A person convicted of child abduction under this

Section is guilty of a Class 4 felony. A person convicted of

child abduction under subsection (b)(10) shall undergo a sex

offender evaluation prior to a sentence being imposed. A person

convicted of a second or subsequent violation of paragraph (10)

of subsection (b) of this Section is guilty of a Class 3

felony. A person convicted of child abduction under subsection

(b)(10) when the person has a prior conviction of a sex offense

as defined in the Sex Offender Registration Act or any

substantially similar federal, Uniform Code of Military

Justice, sister state, or foreign government offense is guilty

of a Class 2 felony. It is a factor in aggravation under

subsections (b)(1) through (b)(10) of this Section for which a

court may impose a more severe sentence under Section 5-8-1

(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified

Code of Corrections if, upon sentencing, the court finds

evidence of any of the following aggravating factors:

(1) that the defendant abused or neglected the child

following the concealment, detention, or removal of the

child;

(2) that the defendant inflicted or threatened to

inflict physical harm on a parent or lawful custodian of

the child or on the child with intent to cause that parent

or lawful custodian to discontinue criminal prosecution of

the defendant under this Section;

(3) that the defendant demanded payment in exchange for

return of the child or demanded that he or she be relieved

of the financial or legal obligation to support the child

in exchange for return of the child;

(4) that the defendant has previously been convicted of

child abduction;

(5) that the defendant committed the abduction while

armed with a deadly weapon or the taking of the child

resulted in serious bodily injury to another; or

(6) that the defendant committed the abduction while in

a school, regardless of the time of day or time of year; in

a playground; on any conveyance owned, leased, or

contracted by a school to transport students to or from

school or a school related activity; on the real property

of a school; or on a public way within 1,000 feet of the

real property comprising any school or playground. For

purposes of this paragraph (6), "playground" means a piece

of land owned or controlled by a unit of local government

that is designated by the unit of local government for use

solely or primarily for children's recreation; and

"school" means a public or private elementary or secondary

school, community college, college, or university.

(e) The court may order the child to be returned to the

parent or lawful custodian from whom the child was concealed,

detained, or removed. In addition to any sentence imposed, the

court may assess any reasonable expense incurred in searching

for or returning the child against any person convicted of

violating this Section.

(f) Nothing contained in this Section shall be construed to

limit the court's contempt power.

(g) Every law enforcement officer investigating an alleged

incident of child abduction shall make a written police report

of any bona fide allegation and the disposition of that

investigation. Every police report completed pursuant to this

Section shall be compiled and recorded within the meaning of

Section 5.1 of the Criminal Identification Act.

(h) Whenever a law enforcement officer has reasons to

believe a child abduction has occurred, she or he shall provide

the lawful custodian a summary of her or his rights under this

Code, including the procedures and relief available to her or

him.

(i) If during the course of an investigation under this

Section the child is found in the physical custody of the

defendant or another, the law enforcement officer shall return

the child to the parent or lawful custodian from whom the child

was concealed, detained, or removed, unless there is good cause

for the law enforcement officer or the Department of Children

and Family Services to retain temporary protective custody of

the child pursuant to the Abused and Neglected Child Reporting

Act.

(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10;

97-160, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12;

97-998, eff. 1-1-13.)

(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)

Sec. 11-1.30. Aggravated Criminal Sexual Assault.

(a) A person commits aggravated criminal sexual assault if

that person commits criminal sexual assault and any of the

following aggravating circumstances exist during the

commission of the offense or, for purposes of paragraph (7),

occur as part of the same course of conduct as the commission

of the offense:

(1) the person displays, threatens to use, or uses a

dangerous weapon, other than a firearm, or any other object

fashioned or used in a manner that leads the victim, under

the circumstances, reasonably to believe that the object is

a dangerous weapon;

(2) the person causes bodily harm to the victim, except

as provided in paragraph (10);

(3) the person acts in a manner that threatens or

endangers the life of the victim or any other person;

(4) the person commits the criminal sexual assault

during the course of committing or attempting to commit any

other felony;

(5) the victim is 60 years of age or older;

(6) the victim is a person with a physical disability

physically handicapped person;

(7) the person delivers (by injection, inhalation,

ingestion, transfer of possession, or any other means) any

controlled substance to the victim without the victim's

consent or by threat or deception for other than medical

purposes;

(8) the person is armed with a firearm;

(9) the person personally discharges a firearm during

the commission of the offense; or

(10) the person personally discharges a firearm during

the commission of the offense, and that discharge

proximately causes great bodily harm, permanent

disability, permanent disfigurement, or death to another

person.

(b) A person commits aggravated criminal sexual assault if

that person is under 17 years of age and: (i) commits an act of

sexual penetration with a victim who is under 9 years of age;

or (ii) commits an act of sexual penetration with a victim who

is at least 9 years of age but under 13 years of age and the

person uses force or threat of force to commit the act.

(c) A person commits aggravated criminal sexual assault if

that person commits an act of sexual penetration with a victim

who is a person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person.

(d) Sentence.

(1) Aggravated criminal sexual assault in violation of

paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)

or in violation of subsection (b) or (c) is a Class X

felony. A violation of subsection (a)(1) is a Class X

felony for which 10 years shall be added to the term of

imprisonment imposed by the court. A violation of

subsection (a)(8) is a Class X felony for which 15 years

shall be added to the term of imprisonment imposed by the

court. A violation of subsection (a)(9) is a Class X felony

for which 20 years shall be added to the term of

imprisonment imposed by the court. A violation of

subsection (a)(10) is a Class X felony for which 25 years

or up to a term of natural life imprisonment shall be added

to the term of imprisonment imposed by the court.

(2) A person who is convicted of a second or subsequent

offense of aggravated criminal sexual assault, or who is

convicted of the offense of aggravated criminal sexual

assault after having previously been convicted of the

offense of criminal sexual assault or the offense of

predatory criminal sexual assault of a child, or who is

convicted of the offense of aggravated criminal sexual

assault after having previously been convicted under the

laws of this or any other state of an offense that is

substantially equivalent to the offense of criminal sexual

assault, the offense of aggravated criminal sexual assault

or the offense of predatory criminal sexual assault of a

child, shall be sentenced to a term of natural life

imprisonment. The commission of the second or subsequent

offense is required to have been after the initial

conviction for this paragraph (2) to apply.

(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.

1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)

Sec. 11-1.60. Aggravated Criminal Sexual Abuse.

(a) A person commits aggravated criminal sexual abuse if

that person commits criminal sexual abuse and any of the

following aggravating circumstances exist (i) during the

commission of the offense or (ii) for purposes of paragraph

(7), as part of the same course of conduct as the commission of

the offense:

(1) the person displays, threatens to use, or uses a

dangerous weapon or any other object fashioned or used in a

manner that leads the victim, under the circumstances,

reasonably to believe that the object is a dangerous

weapon;

(2) the person causes bodily harm to the victim;

(3) the victim is 60 years of age or older;

(4) the victim is a person with a physical disability

physically handicapped person;

(5) the person acts in a manner that threatens or

endangers the life of the victim or any other person;

(6) the person commits the criminal sexual abuse during

the course of committing or attempting to commit any other

felony; or

(7) the person delivers (by injection, inhalation,

ingestion, transfer of possession, or any other means) any

controlled substance to the victim for other than medical

purposes without the victim's consent or by threat or

deception.

(b) A person commits aggravated criminal sexual abuse if

that person commits an act of sexual conduct with a victim who

is under 18 years of age and the person is a family member.

(c) A person commits aggravated criminal sexual abuse if:

(1) that person is 17 years of age or over and: (i)

commits an act of sexual conduct with a victim who is under

13 years of age; or (ii) commits an act of sexual conduct

with a victim who is at least 13 years of age but under 17

years of age and the person uses force or threat of force

to commit the act; or

(2) that person is under 17 years of age and: (i)

commits an act of sexual conduct with a victim who is under

9 years of age; or (ii) commits an act of sexual conduct

with a victim who is at least 9 years of age but under 17

years of age and the person uses force or threat of force

to commit the act.

(d) A person commits aggravated criminal sexual abuse if

that person commits an act of sexual penetration or sexual

conduct with a victim who is at least 13 years of age but under

17 years of age and the person is at least 5 years older than

the victim.

(e) A person commits aggravated criminal sexual abuse if

that person commits an act of sexual conduct with a victim who

is a person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person.

(f) A person commits aggravated criminal sexual abuse if

that person commits an act of sexual conduct with a victim who

is at least 13 years of age but under 18 years of age and the

person is 17 years of age or over and holds a position of

trust, authority, or supervision in relation to the victim.

(g) Sentence. Aggravated criminal sexual abuse is a Class 2

felony.

(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.

1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/11-14.1)

Sec. 11-14.1. Solicitation of a sexual act.

(a) Any person who offers a person not his or her spouse

any money, property, token, object, or article or anything of

value for that person or any other person not his or her spouse

to perform any act of sexual penetration as defined in Section

11-0.1 of this Code, or any touching or fondling of the sex

organs of one person by another person for the purpose of

sexual arousal or gratification, commits solicitation of a

sexual act.

(b) Sentence. Solicitation of a sexual act is a Class A

misdemeanor. Solicitation of a sexual act from a person who is

under the age of 18 or who is a person with a severe or profound

intellectual disability severely or profoundly intellectually

disabled is a Class 4 felony. If the court imposes a fine under

this subsection (b), it shall be collected and distributed to

the Specialized Services for Survivors of Human Trafficking

Fund in accordance with Section 5-9-1.21 of the Unified Code of

Corrections.

(b-5) It is an affirmative defense to a charge of

solicitation of a sexual act with a person who is under the age

of 18 or who is a person with a severe or profound intellectual

disability severely or profoundly intellectually disabled that

the accused reasonably believed the person was of the age of 18

years or over or was not a person with a severe or profound

intellectual disability severely or profoundly intellectually

disabled person at the time of the act giving rise to the

charge.

(c) This Section does not apply to a person engaged in

prostitution who is under 18 years of age.

(d) A person cannot be convicted under this Section if the

practice of prostitution underlying the offense consists

exclusively of the accused's own acts of prostitution under

Section 11-14 of this Code.

(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;

98-1013, eff. 1-1-15.)

(720 ILCS 5/11-14.4)

Sec. 11-14.4. Promoting juvenile prostitution.

(a) Any person who knowingly performs any of the following

acts commits promoting juvenile prostitution:

(1) advances prostitution as defined in Section

11-0.1, where the minor engaged in prostitution, or any

person engaged in prostitution in the place, is under 18

years of age or is a person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled at the time of the offense;

(2) profits from prostitution by any means where the

prostituted person is under 18 years of age or is a person

with a severe or profound intellectual disability severely

or profoundly intellectually disabled at the time of the

offense;

(3) profits from prostitution by any means where the

prostituted person is under 13 years of age at the time of

the offense;

(4) confines a child under the age of 18 or a person

with a severe or profound intellectual disability severely

or profoundly intellectually disabled person against his

or her will by the infliction or threat of imminent

infliction of great bodily harm or permanent disability or

disfigurement or by administering to the child or the

person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person,

without his or her consent or by threat or deception and

for other than medical purposes, any alcoholic intoxicant

or a drug as defined in the Illinois Controlled Substances

Act or the Cannabis Control Act or methamphetamine as

defined in the Methamphetamine Control and Community

Protection Act and:

(A) compels the child or the person with a severe

or profound intellectual disability severely or

profoundly intellectually disabled person to engage in

prostitution;

(B) arranges a situation in which the child or the

person with a severe or profound intellectual

disability severely or profoundly intellectually

disabled person may practice prostitution; or

(C) profits from prostitution by the child or the

person with a severe or profound intellectual

disability severely or profoundly intellectually

disabled person.

(b) For purposes of this Section, administering drugs, as

defined in subdivision (a)(4), or an alcoholic intoxicant to a

child under the age of 13 or a person with a severe or profound

intellectual disability severely or profoundly intellectually

disabled person shall be deemed to be without consent if the

administering is done without the consent of the parents or

legal guardian or if the administering is performed by the

parents or legal guardian for other than medical purposes.

(c) If the accused did not have a reasonable opportunity to

observe the prostituted person, it is an affirmative defense to

a charge of promoting juvenile prostitution, except for a

charge under subdivision (a)(4), that the accused reasonably

believed the person was of the age of 18 years or over or was

not a person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person at the

time of the act giving rise to the charge.

(d) Sentence. A violation of subdivision (a)(1) is a Class

1 felony, unless committed within 1,000 feet of real property

comprising a school, in which case it is a Class X felony. A

violation of subdivision (a)(2) is a Class 1 felony. A

violation of subdivision (a)(3) is a Class X felony. A

violation of subdivision (a)(4) is a Class X felony, for which

the person shall be sentenced to a term of imprisonment of not

less than 6 years and not more than 60 years. A second or

subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),

or any combination of convictions under subdivision (a)(1),

(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1

(solicitation of a sexual act), 11-14.3 (promoting

prostitution), 11-15 (soliciting for a prostitute), 11-15.1

(soliciting for a juvenile prostitute), 11-16 (pandering),

11-17 (keeping a place of prostitution), 11-17.1 (keeping a

place of juvenile prostitution), 11-18 (patronizing a

prostitute), 11-18.1 (patronizing a juvenile prostitute),

11-19 (pimping), 11-19.1 (juvenile pimping or aggravated

juvenile pimping), or 11-19.2 (exploitation of a child) of this

Code, is a Class X felony.

(e) Forfeiture. Any person convicted of a violation of this

Section that involves promoting juvenile prostitution by

keeping a place of juvenile prostitution or convicted of a

violation of subdivision (a)(4) is subject to the property

forfeiture provisions set forth in Article 124B of the Code of

Criminal Procedure of 1963.

(f) For the purposes of this Section, "prostituted person"

means any person who engages in, or agrees or offers to engage

in, any act of sexual penetration as defined in Section 11-0.1

of this Code for any money, property, token, object, or article

or anything of value, or any touching or fondling of the sex

organs of one person by another person, for any money,

property, token, object, or article or anything of value, for

the purpose of sexual arousal or gratification.

(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.

1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)

Sec. 11-18.1. Patronizing a minor engaged in prostitution.

(a) Any person who engages in an act of sexual penetration

as defined in Section 11-0.1 of this Code with a person engaged

in prostitution who is under 18 years of age or is a person

with a severe or profound intellectual disability severely or

profoundly intellectually disabled person commits patronizing

a minor engaged in prostitution.

(a-5) Any person who engages in any touching or fondling,

with a person engaged in prostitution who either is under 18

years of age or is a person with a severe or profound

intellectual disability severely or profoundly intellectually

disabled person, of the sex organs of one person by the other

person, with the intent to achieve sexual arousal or

gratification, commits patronizing a minor engaged in

prostitution.

(b) It is an affirmative defense to the charge of

patronizing a minor engaged in prostitution that the accused

reasonably believed that the person was of the age of 18 years

or over or was not a person with a severe or profound

intellectual disability severely or profoundly intellectually

disabled person at the time of the act giving rise to the

charge.

(c) Sentence. A person who commits patronizing a juvenile

prostitute is guilty of a Class 3 felony, unless committed

within 1,000 feet of real property comprising a school, in

which case it is a Class 2 felony. A person convicted of a

second or subsequent violation of this Section, or of any

combination of such number of convictions under this Section

and Sections 11-14 (prostitution), 11-14.1 (solicitation of a

sexual act), 11-14.3 (promoting prostitution), 11-14.4

(promoting juvenile prostitution), 11-15 (soliciting for a

prostitute), 11-15.1 (soliciting for a juvenile prostitute),

11-16 (pandering), 11-17 (keeping a place of prostitution),

11-17.1 (keeping a place of juvenile prostitution), 11-18

(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile

pimping or aggravated juvenile pimping), or 11-19.2

(exploitation of a child) of this Code, is guilty of a Class 2

felony. The fact of such conviction is not an element of the

offense and may not be disclosed to the jury during trial

unless otherwise permitted by issues properly raised during

such trial.

(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;

97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)

Sec. 11-20.1. Child pornography.

(a) A person commits child pornography who:

(1) films, videotapes, photographs, or otherwise

depicts or portrays by means of any similar visual medium

or reproduction or depicts by computer any child whom he or

she knows or reasonably should know to be under the age of

18 or any person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person where such child or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person is:

(i) actually or by simulation engaged in any act of

sexual penetration or sexual conduct with any person or

animal; or

(ii) actually or by simulation engaged in any act

of sexual penetration or sexual conduct involving the

sex organs of the child or person with a severe or

profound intellectual disability severely or

profoundly intellectually disabled person and the

mouth, anus, or sex organs of another person or animal;

or which involves the mouth, anus or sex organs of the

child or person with a severe or profound intellectual

disability severely or profoundly intellectually

disabled person and the sex organs of another person or

animal; or

(iii) actually or by simulation engaged in any act

of masturbation; or

(iv) actually or by simulation portrayed as being

the object of, or otherwise engaged in, any act of lewd

fondling, touching, or caressing involving another

person or animal; or

(v) actually or by simulation engaged in any act of

excretion or urination within a sexual context; or

(vi) actually or by simulation portrayed or

depicted as bound, fettered, or subject to sadistic,

masochistic, or sadomasochistic abuse in any sexual

context; or

(vii) depicted or portrayed in any pose, posture or

setting involving a lewd exhibition of the unclothed or

transparently clothed genitals, pubic area, buttocks,

or, if such person is female, a fully or partially

developed breast of the child or other person; or

(2) with the knowledge of the nature or content

thereof, reproduces, disseminates, offers to disseminate,

exhibits or possesses with intent to disseminate any film,

videotape, photograph or other similar visual reproduction

or depiction by computer of any child or person with a

severe or profound intellectual disability severely or

profoundly intellectually disabled person whom the person

knows or reasonably should know to be under the age of 18

or to be a person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person, engaged in any activity described in subparagraphs

(i) through (vii) of paragraph (1) of this subsection; or

(3) with knowledge of the subject matter or theme

thereof, produces any stage play, live performance, film,

videotape or other similar visual portrayal or depiction by

computer which includes a child whom the person knows or

reasonably should know to be under the age of 18 or a

person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person

engaged in any activity described in subparagraphs (i)

through (vii) of paragraph (1) of this subsection; or

(4) solicits, uses, persuades, induces, entices, or

coerces any child whom he or she knows or reasonably should

know to be under the age of 18 or a person with a severe or

profound intellectual disability severely or profoundly

intellectually disabled person to appear in any stage play,

live presentation, film, videotape, photograph or other

similar visual reproduction or depiction by computer in

which the child or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person is or will be depicted,

actually or by simulation, in any act, pose or setting

described in subparagraphs (i) through (vii) of paragraph

(1) of this subsection; or

(5) is a parent, step-parent, legal guardian or other

person having care or custody of a child whom the person

knows or reasonably should know to be under the age of 18

or a person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person and who knowingly permits, induces, promotes, or

arranges for such child or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person to appear in any stage play,

live performance, film, videotape, photograph or other

similar visual presentation, portrayal or simulation or

depiction by computer of any act or activity described in

subparagraphs (i) through (vii) of paragraph (1) of this

subsection; or

(6) with knowledge of the nature or content thereof,

possesses any film, videotape, photograph or other similar

visual reproduction or depiction by computer of any child

or person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person whom

the person knows or reasonably should know to be under the

age of 18 or to be a person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person, engaged in any activity

described in subparagraphs (i) through (vii) of paragraph

(1) of this subsection; or

(7) solicits, or knowingly uses, persuades, induces,

entices, or coerces, a person to provide a child under the

age of 18 or a person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person to appear in any videotape,

photograph, film, stage play, live presentation, or other

similar visual reproduction or depiction by computer in

which the child or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person will be depicted, actually

or by simulation, in any act, pose, or setting described in

subparagraphs (i) through (vii) of paragraph (1) of this

subsection.

(a-5) The possession of each individual film, videotape,

photograph, or other similar visual reproduction or depiction

by computer in violation of this Section constitutes a single

and separate violation. This subsection (a-5) does not apply to

multiple copies of the same film, videotape, photograph, or

other similar visual reproduction or depiction by computer that

are identical to each other.

(b)(1) It shall be an affirmative defense to a charge of

child pornography that the defendant reasonably believed,

under all of the circumstances, that the child was 18 years of

age or older or that the person was not a person with a severe

or profound intellectual disability severely or profoundly

intellectually disabled person but only where, prior to the act

or acts giving rise to a prosecution under this Section, he or

she took some affirmative action or made a bonafide inquiry

designed to ascertain whether the child was 18 years of age or

older or that the person was not a person with a severe or

profound intellectual disability severely or profoundly

intellectually disabled person and his or her reliance upon the

information so obtained was clearly reasonable.

(1.5) Telecommunications carriers, commercial mobile

service providers, and providers of information services,

including, but not limited to, Internet service providers and

hosting service providers, are not liable under this Section by

virtue of the transmission, storage, or caching of electronic

communications or messages of others or by virtue of the

provision of other related telecommunications, commercial

mobile services, or information services used by others in

violation of this Section.

(2) (Blank).

(3) The charge of child pornography shall not apply to the

performance of official duties by law enforcement or

prosecuting officers or persons employed by law enforcement or

prosecuting agencies, court personnel or attorneys, nor to

bonafide treatment or professional education programs

conducted by licensed physicians, psychologists or social

workers.

(4) If the defendant possessed more than one of the same

film, videotape or visual reproduction or depiction by computer

in which child pornography is depicted, then the trier of fact

may infer that the defendant possessed such materials with the

intent to disseminate them.

(5) The charge of child pornography does not apply to a

person who does not voluntarily possess a film, videotape, or

visual reproduction or depiction by computer in which child

pornography is depicted. Possession is voluntary if the

defendant knowingly procures or receives a film, videotape, or

visual reproduction or depiction for a sufficient time to be

able to terminate his or her possession.

(6) Any violation of paragraph (1), (2), (3), (4), (5), or

(7) of subsection (a) that includes a child engaged in,

solicited for, depicted in, or posed in any act of sexual

penetration or bound, fettered, or subject to sadistic,

masochistic, or sadomasochistic abuse in a sexual context shall

be deemed a crime of violence.

(c) If the violation does not involve a film, videotape, or

other moving depiction, a violation of paragraph (1), (4), (5),

or (7) of subsection (a) is a Class 1 felony with a mandatory

minimum fine of $2,000 and a maximum fine of $100,000. If the

violation involves a film, videotape, or other moving

depiction, a violation of paragraph (1), (4), (5), or (7) of

subsection (a) is a Class X felony with a mandatory minimum

fine of $2,000 and a maximum fine of $100,000. If the violation

does not involve a film, videotape, or other moving depiction,

a violation of paragraph (3) of subsection (a) is a Class 1

felony with a mandatory minimum fine of $1500 and a maximum

fine of $100,000. If the violation involves a film, videotape,

or other moving depiction, a violation of paragraph (3) of

subsection (a) is a Class X felony with a mandatory minimum

fine of $1500 and a maximum fine of $100,000. If the violation

does not involve a film, videotape, or other moving depiction,

a violation of paragraph (2) of subsection (a) is a Class 1

felony with a mandatory minimum fine of $1000 and a maximum

fine of $100,000. If the violation involves a film, videotape,

or other moving depiction, a violation of paragraph (2) of

subsection (a) is a Class X felony with a mandatory minimum

fine of $1000 and a maximum fine of $100,000. If the violation

does not involve a film, videotape, or other moving depiction,

a violation of paragraph (6) of subsection (a) is a Class 3

felony with a mandatory minimum fine of $1000 and a maximum

fine of $100,000. If the violation involves a film, videotape,

or other moving depiction, a violation of paragraph (6) of

subsection (a) is a Class 2 felony with a mandatory minimum

fine of $1000 and a maximum fine of $100,000.

(c-5) Where the child depicted is under the age of 13, a

violation of paragraph (1), (2), (3), (4), (5), or (7) of

subsection (a) is a Class X felony with a mandatory minimum

fine of $2,000 and a maximum fine of $100,000. Where the child

depicted is under the age of 13, a violation of paragraph (6)

of subsection (a) is a Class 2 felony with a mandatory minimum

fine of $1,000 and a maximum fine of $100,000. Where the child

depicted is under the age of 13, a person who commits a

violation of paragraph (1), (2), (3), (4), (5), or (7) of

subsection (a) where the defendant has previously been

convicted under the laws of this State or any other state of

the offense of child pornography, aggravated child

pornography, aggravated criminal sexual abuse, aggravated

criminal sexual assault, predatory criminal sexual assault of a

child, or any of the offenses formerly known as rape, deviate

sexual assault, indecent liberties with a child, or aggravated

indecent liberties with a child where the victim was under the

age of 18 years or an offense that is substantially equivalent

to those offenses, is guilty of a Class X felony for which the

person shall be sentenced to a term of imprisonment of not less

than 9 years with a mandatory minimum fine of $2,000 and a

maximum fine of $100,000. Where the child depicted is under the

age of 13, a person who commits a violation of paragraph (6) of

subsection (a) where the defendant has previously been

convicted under the laws of this State or any other state of

the offense of child pornography, aggravated child

pornography, aggravated criminal sexual abuse, aggravated

criminal sexual assault, predatory criminal sexual assault of a

child, or any of the offenses formerly known as rape, deviate

sexual assault, indecent liberties with a child, or aggravated

indecent liberties with a child where the victim was under the

age of 18 years or an offense that is substantially equivalent

to those offenses, is guilty of a Class 1 felony with a

mandatory minimum fine of $1,000 and a maximum fine of

$100,000. The issue of whether the child depicted is under the

age of 13 is an element of the offense to be resolved by the

trier of fact.

(d) If a person is convicted of a second or subsequent

violation of this Section within 10 years of a prior

conviction, the court shall order a presentence psychiatric

examination of the person. The examiner shall report to the

court whether treatment of the person is necessary.

(e) Any film, videotape, photograph or other similar visual

reproduction or depiction by computer which includes a child

under the age of 18 or a person with a severe or profound

intellectual disability severely or profoundly intellectually

disabled person engaged in any activity described in

subparagraphs (i) through (vii) or paragraph 1 of subsection

(a), and any material or equipment used or intended for use in

photographing, filming, printing, producing, reproducing,

manufacturing, projecting, exhibiting, depiction by computer,

or disseminating such material shall be seized and forfeited in

the manner, method and procedure provided by Section 36-1 of

this Code for the seizure and forfeiture of vessels, vehicles

and aircraft.

In addition, any person convicted under this Section is

subject to the property forfeiture provisions set forth in

Article 124B of the Code of Criminal Procedure of 1963.

(e-5) Upon the conclusion of a case brought under this

Section, the court shall seal all evidence depicting a victim

or witness that is sexually explicit. The evidence may be

unsealed and viewed, on a motion of the party seeking to unseal

and view the evidence, only for good cause shown and in the

discretion of the court. The motion must expressly set forth

the purpose for viewing the material. The State's attorney and

the victim, if possible, shall be provided reasonable notice of

the hearing on the motion to unseal the evidence. Any person

entitled to notice of a hearing under this subsection (e-5) may

object to the motion.

(f) Definitions. For the purposes of this Section:

(1) "Disseminate" means (i) to sell, distribute,

exchange or transfer possession, whether with or without

consideration or (ii) to make a depiction by computer

available for distribution or downloading through the

facilities of any telecommunications network or through

any other means of transferring computer programs or data

to a computer.

(2) "Produce" means to direct, promote, advertise,

publish, manufacture, issue, present or show.

(3) "Reproduce" means to make a duplication or copy.

(4) "Depict by computer" means to generate or create,

or cause to be created or generated, a computer program or

data that, after being processed by a computer either alone

or in conjunction with one or more computer programs,

results in a visual depiction on a computer monitor,

screen, or display.

(5) "Depiction by computer" means a computer program or

data that, after being processed by a computer either alone

or in conjunction with one or more computer programs,

results in a visual depiction on a computer monitor,

screen, or display.

(6) "Computer", "computer program", and "data" have

the meanings ascribed to them in Section 16D-2 of this

Code.

(7) For the purposes of this Section, "child

pornography" includes a film, videotape, photograph, or

other similar visual medium or reproduction or depiction by

computer that is, or appears to be, that of a person,

either in part, or in total, under the age of 18 or a

person with a severe or profound intellectual disability

severely or profoundly intellectually disabled person,

regardless of the method by which the film, videotape,

photograph, or other similar visual medium or reproduction

or depiction by computer is created, adopted, or modified

to appear as such. "Child pornography" also includes a

film, videotape, photograph, or other similar visual

medium or reproduction or depiction by computer that is

advertised, promoted, presented, described, or distributed

in such a manner that conveys the impression that the film,

videotape, photograph, or other similar visual medium or

reproduction or depiction by computer is of a person under

the age of 18 or a person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person.

(g) Re-enactment; findings; purposes.

(1) The General Assembly finds and declares that:

(i) Section 50-5 of Public Act 88-680, effective

January 1, 1995, contained provisions amending the

child pornography statute, Section 11-20.1 of the

Criminal Code of 1961. Section 50-5 also contained

other provisions.

(ii) In addition, Public Act 88-680 was entitled

"AN ACT to create a Safe Neighborhoods Law". (A)

Article 5 was entitled JUVENILE JUSTICE and amended the

Juvenile Court Act of 1987. (B) Article 15 was entitled

GANGS and amended various provisions of the Criminal

Code of 1961 and the Unified Code of Corrections. (C)

Article 20 was entitled ALCOHOL ABUSE and amended

various provisions of the Illinois Vehicle Code. (D)

Article 25 was entitled DRUG ABUSE and amended the

Cannabis Control Act and the Illinois Controlled

Substances Act. (E) Article 30 was entitled FIREARMS

and amended the Criminal Code of 1961 and the Code of

Criminal Procedure of 1963. (F) Article 35 amended the

Criminal Code of 1961, the Rights of Crime Victims and

Witnesses Act, and the Unified Code of Corrections. (G)

Article 40 amended the Criminal Code of 1961 to

increase the penalty for compelling organization

membership of persons. (H) Article 45 created the

Secure Residential Youth Care Facility Licensing Act

and amended the State Finance Act, the Juvenile Court

Act of 1987, the Unified Code of Corrections, and the

Private Correctional Facility Moratorium Act. (I)

Article 50 amended the WIC Vendor Management Act, the

Firearm Owners Identification Card Act, the Juvenile

Court Act of 1987, the Criminal Code of 1961, the

Wrongs to Children Act, and the Unified Code of

Corrections.

(iii) On September 22, 1998, the Third District

Appellate Court in People v. Dainty, 701 N.E. 2d 118,

ruled that Public Act 88-680 violates the single

subject clause of the Illinois Constitution (Article

IV, Section 8 (d)) and was unconstitutional in its

entirety. As of the time this amendatory Act of 1999

was prepared, People v. Dainty was still subject to

appeal.

(iv) Child pornography is a vital concern to the

people of this State and the validity of future

prosecutions under the child pornography statute of

the Criminal Code of 1961 is in grave doubt.

(2) It is the purpose of this amendatory Act of 1999 to

prevent or minimize any problems relating to prosecutions

for child pornography that may result from challenges to

the constitutional validity of Public Act 88-680 by

re-enacting the Section relating to child pornography that

was included in Public Act 88-680.

(3) This amendatory Act of 1999 re-enacts Section

11-20.1 of the Criminal Code of 1961, as it has been

amended. This re-enactment is intended to remove any

question as to the validity or content of that Section; it

is not intended to supersede any other Public Act that

amends the text of the Section as set forth in this

amendatory Act of 1999. The material is shown as existing

text (i.e., without underscoring) because, as of the time

this amendatory Act of 1999 was prepared, People v. Dainty

was subject to appeal to the Illinois Supreme Court.

(4) The re-enactment by this amendatory Act of 1999 of

Section 11-20.1 of the Criminal Code of 1961 relating to

child pornography that was amended by Public Act 88-680 is

not intended, and shall not be construed, to imply that

Public Act 88-680 is invalid or to limit or impair any

legal argument concerning whether those provisions were

substantially re-enacted by other Public Acts.

(Source: P.A. 97-157, eff. 1-1-12; 97-227, eff. 1-1-12; 97-995,

eff. 1-1-13; 97-1109, eff. 1-1-13; 98-437, eff. 1-1-14.)

(720 ILCS 5/12-0.1)

Sec. 12-0.1. Definitions. In this Article, unless the

context clearly requires otherwise:

"Bona fide labor dispute" means any controversy concerning

wages, salaries, hours, working conditions, or benefits,

including health and welfare, sick leave, insurance, and

pension or retirement provisions, the making or maintaining of

collective bargaining agreements, and the terms to be included

in those agreements.

"Coach" means a person recognized as a coach by the

sanctioning authority that conducts an athletic contest.

"Correctional institution employee" means a person

employed by a penal institution.

"Emergency medical technician" includes a paramedic,

ambulance driver, first aid worker, hospital worker, or other

medical assistance worker.

"Family or household members" include spouses, former

spouses, parents, children, stepchildren, and other persons

related by blood or by present or prior marriage, persons who

share or formerly shared a common dwelling, persons who have or

allegedly have a child in common, persons who share or

allegedly share a blood relationship through a child, persons

who have or have had a dating or engagement relationship,

persons with disabilities and their personal assistants, and

caregivers as defined in Section 12-4.4a of this Code. For

purposes of this Article, neither a casual acquaintanceship nor

ordinary fraternization between 2 individuals in business or

social contexts shall be deemed to constitute a dating

relationship.

"In the presence of a child" means in the physical presence

of a child or knowing or having reason to know that a child is

present and may see or hear an act constituting an offense.

"Park district employee" means a supervisor, director,

instructor, or other person employed by a park district.

"Person with a physical disability Physically handicapped

person" means a person who suffers from a permanent and

disabling physical characteristic, resulting from disease,

injury, functional disorder, or congenital condition.

"Private security officer" means a registered employee of a

private security contractor agency under the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004.

"Probation officer" means a person as defined in the

Probation and Probation Officers Act.

"Sports official" means a person at an athletic contest who

enforces the rules of the contest, such as an umpire or

referee.

"Sports venue" means a publicly or privately owned sports

or entertainment arena, stadium, community or convention hall,

special event center, or amusement facility, or a special event

center in a public park, during the 12 hours before or after

the sanctioned sporting event.

"Streetgang", "streetgang member", and "criminal street

gang" have the meanings ascribed to those terms in Section 10

of the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Transit employee" means a driver, operator, or employee of

any transportation facility or system engaged in the business

of transporting the public for hire.

"Transit passenger" means a passenger of any

transportation facility or system engaged in the business of

transporting the public for hire, including a passenger using

any area designated by a transportation facility or system as a

vehicle boarding, departure, or transfer location.

"Utility worker" means any of the following:

(1) A person employed by a public utility as defined in

Section 3-105 of the Public Utilities Act.

(2) An employee of a municipally owned utility.

(3) An employee of a cable television company.

(4) An employee of an electric cooperative as defined

in Section 3-119 of the Public Utilities Act.

(5) An independent contractor or an employee of an

independent contractor working on behalf of a cable

television company, public utility, municipally owned

utility, or electric cooperative.

(6) An employee of a telecommunications carrier as

defined in Section 13-202 of the Public Utilities Act, or

an independent contractor or an employee of an independent

contractor working on behalf of a telecommunications

carrier.

(7) An employee of a telephone or telecommunications

cooperative as defined in Section 13-212 of the Public

Utilities Act, or an independent contractor or an employee

of an independent contractor working on behalf of a

telephone or telecommunications cooperative.

(Source: P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)

Sec. 12-2. Aggravated assault.

(a) Offense based on location of conduct. A person commits

aggravated assault when he or she commits an assault against an

individual who is on or about a public way, public property, a

public place of accommodation or amusement, or a sports venue.

(b) Offense based on status of victim. A person commits

aggravated assault when, in committing an assault, he or she

knows the individual assaulted to be any of the following:

(1) A person with a physical disability physically

handicapped person or a person 60 years of age or older and

the assault is without legal justification.

(2) A teacher or school employee upon school grounds or

grounds adjacent to a school or in any part of a building

used for school purposes.

(3) A park district employee upon park grounds or

grounds adjacent to a park or in any part of a building

used for park purposes.

(4) A peace officer, community policing volunteer,

fireman, private security officer, emergency management

worker, emergency medical technician, or utility worker:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(5) A correctional officer or probation officer:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(6) A correctional institution employee, a county

juvenile detention center employee who provides direct and

continuous supervision of residents of a juvenile

detention center, including a county juvenile detention

center employee who supervises recreational activity for

residents of a juvenile detention center, or a Department

of Human Services employee, Department of Human Services

officer, or employee of a subcontractor of the Department

of Human Services supervising or controlling sexually

dangerous persons or sexually violent persons:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(7) An employee of the State of Illinois, a municipal

corporation therein, or a political subdivision thereof,

performing his or her official duties.

(8) A transit employee performing his or her official

duties, or a transit passenger.

(9) A sports official or coach actively participating

in any level of athletic competition within a sports venue,

on an indoor playing field or outdoor playing field, or

within the immediate vicinity of such a facility or field.

(10) A person authorized to serve process under Section

2-202 of the Code of Civil Procedure or a special process

server appointed by the circuit court, while that

individual is in the performance of his or her duties as a

process server.

(c) Offense based on use of firearm, device, or motor

vehicle. A person commits aggravated assault when, in

committing an assault, he or she does any of the following:

(1) Uses a deadly weapon, an air rifle as defined in

Section 24.8-0.1 of this Act the Air Rifle Act, or any

device manufactured and designed to be substantially

similar in appearance to a firearm, other than by

discharging a firearm.

(2) Discharges a firearm, other than from a motor

vehicle.

(3) Discharges a firearm from a motor vehicle.

(4) Wears a hood, robe, or mask to conceal his or her

identity.

(5) Knowingly and without lawful justification shines

or flashes a laser gun sight or other laser device attached

to a firearm, or used in concert with a firearm, so that

the laser beam strikes near or in the immediate vicinity of

any person.

(6) Uses a firearm, other than by discharging the

firearm, against a peace officer, community policing

volunteer, fireman, private security officer, emergency

management worker, emergency medical technician, employee

of a police department, employee of a sheriff's department,

or traffic control municipal employee:

(i) performing his or her official duties;

(ii) assaulted to prevent performance of his or her

official duties; or

(iii) assaulted in retaliation for performing his

or her official duties.

(7) Without justification operates a motor vehicle in a

manner which places a person, other than a person listed in

subdivision (b)(4), in reasonable apprehension of being

struck by the moving motor vehicle.

(8) Without justification operates a motor vehicle in a

manner which places a person listed in subdivision (b)(4),

in reasonable apprehension of being struck by the moving

motor vehicle.

(9) Knowingly video or audio records the offense with

the intent to disseminate the recording.

(d) Sentence. Aggravated assault as defined in subdivision

(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),

(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that

aggravated assault as defined in subdivision (b)(4) and (b)(7)

is a Class 4 felony if a Category I, Category II, or Category

III weapon is used in the commission of the assault. Aggravated

assault as defined in subdivision (b)(5), (b)(6), (b)(10),

(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.

Aggravated assault as defined in subdivision (c)(3) or (c)(8)

is a Class 3 felony.

(e) For the purposes of this Section, "Category I weapon",

"Category II weapon, and "Category III weapon" have the

meanings ascribed to those terms in Section 33A-1 of this Code.

(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;

97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.

1-1-14; revised 12-10-14.)

(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

Sec. 12-3.05. Aggravated battery.

(a) Offense based on injury. A person commits aggravated

battery when, in committing a battery, other than by the

discharge of a firearm, he or she knowingly does any of the

following:

(1) Causes great bodily harm or permanent disability or

disfigurement.

(2) Causes severe and permanent disability, great

bodily harm, or disfigurement by means of a caustic or

flammable substance, a poisonous gas, a deadly biological

or chemical contaminant or agent, a radioactive substance,

or a bomb or explosive compound.

(3) Causes great bodily harm or permanent disability or

disfigurement to an individual whom the person knows to be

a peace officer, community policing volunteer, fireman,

private security officer, correctional institution

employee, or Department of Human Services employee

supervising or controlling sexually dangerous persons or

sexually violent persons:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(4) Causes great bodily harm or permanent disability or

disfigurement to an individual 60 years of age or older.

(5) Strangles another individual.

(b) Offense based on injury to a child or person with an

intellectual disability intellectually disabled person. A

person who is at least 18 years of age commits aggravated

battery when, in committing a battery, he or she knowingly and

without legal justification by any means:

(1) causes great bodily harm or permanent disability or

disfigurement to any child under the age of 13 years, or to

any person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person; or

(2) causes bodily harm or disability or disfigurement

to any child under the age of 13 years or to any person

with a severe or profound intellectual disability severely

or profoundly intellectually disabled person.

(c) Offense based on location of conduct. A person commits

aggravated battery when, in committing a battery, other than by

the discharge of a firearm, he or she is or the person battered

is on or about a public way, public property, a public place of

accommodation or amusement, a sports venue, or a domestic

violence shelter.

(d) Offense based on status of victim. A person commits

aggravated battery when, in committing a battery, other than by

discharge of a firearm, he or she knows the individual battered

to be any of the following:

(1) A person 60 years of age or older.

(2) A person who is pregnant or has a physical

disability physically handicapped.

(3) A teacher or school employee upon school grounds or

grounds adjacent to a school or in any part of a building

used for school purposes.

(4) A peace officer, community policing volunteer,

fireman, private security officer, correctional

institution employee, or Department of Human Services

employee supervising or controlling sexually dangerous

persons or sexually violent persons:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(5) A judge, emergency management worker, emergency

medical technician, or utility worker:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(6) An officer or employee of the State of Illinois, a

unit of local government, or a school district, while

performing his or her official duties.

(7) A transit employee performing his or her official

duties, or a transit passenger.

(8) A taxi driver on duty.

(9) A merchant who detains the person for an alleged

commission of retail theft under Section 16-26 of this Code

and the person without legal justification by any means

causes bodily harm to the merchant.

(10) A person authorized to serve process under Section

2-202 of the Code of Civil Procedure or a special process

server appointed by the circuit court while that individual

is in the performance of his or her duties as a process

server.

(11) A nurse while in the performance of his or her

duties as a nurse.

(e) Offense based on use of a firearm. A person commits

aggravated battery when, in committing a battery, he or she

knowingly does any of the following:

(1) Discharges a firearm, other than a machine gun or a

firearm equipped with a silencer, and causes any injury to

another person.

(2) Discharges a firearm, other than a machine gun or a

firearm equipped with a silencer, and causes any injury to

a person he or she knows to be a peace officer, community

policing volunteer, person summoned by a police officer,

fireman, private security officer, correctional

institution employee, or emergency management worker:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(3) Discharges a firearm, other than a machine gun or a

firearm equipped with a silencer, and causes any injury to

a person he or she knows to be an emergency medical

technician employed by a municipality or other

governmental unit:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(4) Discharges a firearm and causes any injury to a

person he or she knows to be a teacher, a student in a

school, or a school employee, and the teacher, student, or

employee is upon school grounds or grounds adjacent to a

school or in any part of a building used for school

purposes.

(5) Discharges a machine gun or a firearm equipped with

a silencer, and causes any injury to another person.

(6) Discharges a machine gun or a firearm equipped with

a silencer, and causes any injury to a person he or she

knows to be a peace officer, community policing volunteer,

person summoned by a police officer, fireman, private

security officer, correctional institution employee or

emergency management worker:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(7) Discharges a machine gun or a firearm equipped with

a silencer, and causes any injury to a person he or she

knows to be an emergency medical technician employed by a

municipality or other governmental unit:

(i) performing his or her official duties;

(ii) battered to prevent performance of his or her

official duties; or

(iii) battered in retaliation for performing his

or her official duties.

(8) Discharges a machine gun or a firearm equipped with

a silencer, and causes any injury to a person he or she

knows to be a teacher, or a student in a school, or a

school employee, and the teacher, student, or employee is

upon school grounds or grounds adjacent to a school or in

any part of a building used for school purposes.

(f) Offense based on use of a weapon or device. A person

commits aggravated battery when, in committing a battery, he or

she does any of the following:

(1) Uses a deadly weapon other than by discharge of a

firearm, or uses an air rifle as defined in Section

24.8-0.1 of this Code.

(2) Wears a hood, robe, or mask to conceal his or her

identity.

(3) Knowingly and without lawful justification shines

or flashes a laser gunsight or other laser device attached

to a firearm, or used in concert with a firearm, so that

the laser beam strikes upon or against the person of

another.

(4) Knowingly video or audio records the offense with

the intent to disseminate the recording.

(g) Offense based on certain conduct. A person commits

aggravated battery when, other than by discharge of a firearm,

he or she does any of the following:

(1) Violates Section 401 of the Illinois Controlled

Substances Act by unlawfully delivering a controlled

substance to another and any user experiences great bodily

harm or permanent disability as a result of the injection,

inhalation, or ingestion of any amount of the controlled

substance.

(2) Knowingly administers to an individual or causes

him or her to take, without his or her consent or by threat

or deception, and for other than medical purposes, any

intoxicating, poisonous, stupefying, narcotic, anesthetic,

or controlled substance, or gives to another person any

food containing any substance or object intended to cause

physical injury if eaten.

(3) Knowingly causes or attempts to cause a

correctional institution employee or Department of Human

Services employee to come into contact with blood, seminal

fluid, urine, or feces by throwing, tossing, or expelling

the fluid or material, and the person is an inmate of a

penal institution or is a sexually dangerous person or

sexually violent person in the custody of the Department of

Human Services.

(h) Sentence. Unless otherwise provided, aggravated

battery is a Class 3 felony.

Aggravated battery as defined in subdivision (a)(4),

(d)(4), or (g)(3) is a Class 2 felony.

Aggravated battery as defined in subdivision (a)(3) or

(g)(1) is a Class 1 felony.

Aggravated battery as defined in subdivision (a)(1) is a

Class 1 felony when the aggravated battery was intentional and

involved the infliction of torture, as defined in paragraph

(14) of subsection (b) of Section 9-1 of this Code, as the

infliction of or subjection to extreme physical pain, motivated

by an intent to increase or prolong the pain, suffering, or

agony of the victim.

Aggravated battery under subdivision (a)(5) is a Class 1

felony if:

(A) the person used or attempted to use a dangerous

instrument while committing the offense; or

(B) the person caused great bodily harm or permanent

disability or disfigurement to the other person while

committing the offense; or

(C) the person has been previously convicted of a

violation of subdivision (a)(5) under the laws of this

State or laws similar to subdivision (a)(5) of any other

state.

Aggravated battery as defined in subdivision (e)(1) is a

Class X felony.

Aggravated battery as defined in subdivision (a)(2) is a

Class X felony for which a person shall be sentenced to a term

of imprisonment of a minimum of 6 years and a maximum of 45

years.

Aggravated battery as defined in subdivision (e)(5) is a

Class X felony for which a person shall be sentenced to a term

of imprisonment of a minimum of 12 years and a maximum of 45

years.

Aggravated battery as defined in subdivision (e)(2),

(e)(3), or (e)(4) is a Class X felony for which a person shall

be sentenced to a term of imprisonment of a minimum of 15 years

and a maximum of 60 years.

Aggravated battery as defined in subdivision (e)(6),

(e)(7), or (e)(8) is a Class X felony for which a person shall

be sentenced to a term of imprisonment of a minimum of 20 years

and a maximum of 60 years.

Aggravated battery as defined in subdivision (b)(1) is a

Class X felony, except that:

(1) if the person committed the offense while armed

with a firearm, 15 years shall be added to the term of

imprisonment imposed by the court;

(2) if, during the commission of the offense, the

person personally discharged a firearm, 20 years shall be

added to the term of imprisonment imposed by the court;

(3) if, during the commission of the offense, the

person personally discharged a firearm that proximately

caused great bodily harm, permanent disability, permanent

disfigurement, or death to another person, 25 years or up

to a term of natural life shall be added to the term of

imprisonment imposed by the court.

(i) Definitions. For the purposes of this Section:

"Building or other structure used to provide shelter" has

the meaning ascribed to "shelter" in Section 1 of the Domestic

Violence Shelters Act.

"Domestic violence" has the meaning ascribed to it in

Section 103 of the Illinois Domestic Violence Act of 1986.

"Domestic violence shelter" means any building or other

structure used to provide shelter or other services to victims

or to the dependent children of victims of domestic violence

pursuant to the Illinois Domestic Violence Act of 1986 or the

Domestic Violence Shelters Act, or any place within 500 feet of

such a building or other structure in the case of a person who

is going to or from such a building or other structure.

"Firearm" has the meaning provided under Section 1.1 of the

Firearm Owners Identification Card Act, and does not include an

air rifle as defined by Section 24.8-0.1 of this Code.

"Machine gun" has the meaning ascribed to it in Section

24-1 of this Code.

"Merchant" has the meaning ascribed to it in Section 16-0.1

of this Code.

"Strangle" means intentionally impeding the normal

breathing or circulation of the blood of an individual by

applying pressure on the throat or neck of that individual or

by blocking the nose or mouth of that individual.

(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.

1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,

eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,

eff. 7-16-14.)

(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)

Sec. 12C-10. Child abandonment.

(a) A person commits child abandonment when he or she, as a

parent, guardian, or other person having physical custody or

control of a child, without regard for the mental or physical

health, safety, or welfare of that child, knowingly leaves that

child who is under the age of 13 without supervision by a

responsible person over the age of 14 for a period of 24 hours

or more. It is not a violation of this Section for a person to

relinquish a child in accordance with the Abandoned Newborn

Infant Protection Act.

(b) For the purposes of determining whether the child was

left without regard for the mental or physical health, safety,

or welfare of that child, the trier of fact shall consider the

following factors:

(1) the age of the child;

(2) the number of children left at the location;

(3) special needs of the child, including whether the

child is a person with a physical or mental disability is

physically or mentally handicapped, or otherwise in need of

ongoing prescribed medical treatment such as periodic

doses of insulin or other medications;

(4) the duration of time in which the child was left

without supervision;

(5) the condition and location of the place where the

child was left without supervision;

(6) the time of day or night when the child was left

without supervision;

(7) the weather conditions, including whether the

child was left in a location with adequate protection from

the natural elements such as adequate heat or light;

(8) the location of the parent, guardian, or other

person having physical custody or control of the child at

the time the child was left without supervision, the

physical distance the child was from the parent, guardian,

or other person having physical custody or control of the

child at the time the child was without supervision;

(9) whether the child's movement was restricted, or the

child was otherwise locked within a room or other

structure;

(10) whether the child was given a phone number of a

person or location to call in the event of an emergency and

whether the child was capable of making an emergency call;

(11) whether there was food and other provision left

for the child;

(12) whether any of the conduct is attributable to

economic hardship or illness and the parent, guardian or

other person having physical custody or control of the

child made a good faith effort to provide for the health

and safety of the child;

(13) the age and physical and mental capabilities of

the person or persons who provided supervision for the

child;

(14) any other factor that would endanger the health or

safety of that particular child;

(15) whether the child was left under the supervision

of another person.

(c) Child abandonment is a Class 4 felony. A second or

subsequent offense after a prior conviction is a Class 3

felony. A parent, who is found to be in violation of this

Section with respect to his or her child, may be sentenced to

probation for this offense pursuant to Section 12C-15.

(Source: P.A. 97-1109, eff. 1-1-13; 98-756, eff. 7-16-14.)

(720 ILCS 5/16-30)

Sec. 16-30. Identity theft; aggravated identity theft.

(a) A person commits identity theft when he or she

knowingly:

(1) uses any personal identifying information or

personal identification document of another person to

fraudulently obtain credit, money, goods, services, or

other property;

(2) uses any personal identification information or

personal identification document of another with intent to

commit any felony not set forth in paragraph (1) of this

subsection (a);

(3) obtains, records, possesses, sells, transfers,

purchases, or manufactures any personal identification

information or personal identification document of another

with intent to commit any felony;

(4) uses, obtains, records, possesses, sells,

transfers, purchases, or manufactures any personal

identification information or personal identification

document of another knowing that such personal

identification information or personal identification

documents were stolen or produced without lawful

authority;

(5) uses, transfers, or possesses document-making

implements to produce false identification or false

documents with knowledge that they will be used by the

person or another to commit any felony;

(6) uses any personal identification information or

personal identification document of another to portray

himself or herself as that person, or otherwise, for the

purpose of gaining access to any personal identification

information or personal identification document of that

person, without the prior express permission of that

person;

(7) uses any personal identification information or

personal identification document of another for the

purpose of gaining access to any record of the actions

taken, communications made or received, or other

activities or transactions of that person, without the

prior express permission of that person;

(7.5) uses, possesses, or transfers a radio frequency

identification device capable of obtaining or processing

personal identifying information from a radio frequency

identification (RFID) tag or transponder with knowledge

that the device will be used by the person or another to

commit a felony violation of State law or any violation of

this Article; or

(8) in the course of applying for a building permit

with a unit of local government, provides the license

number of a roofing or fire sprinkler contractor whom he or

she does not intend to have perform the work on the roofing

or fire sprinkler portion of the project; it is an

affirmative defense to prosecution under this paragraph

(8) that the building permit applicant promptly informed

the unit of local government that issued the building

permit of any change in the roofing or fire sprinkler

contractor.

(b) Aggravated identity theft. A person commits aggravated

identity theft when he or she commits identity theft as set

forth in subsection (a) of this Section:

(1) against a person 60 years of age or older or a

person with a disability; or

(2) in furtherance of the activities of an organized

gang.

A defense to aggravated identity theft does not exist

merely because the accused reasonably believed the victim to be

a person less than 60 years of age. For the purposes of this

subsection, "organized gang" has the meaning ascribed in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(c) Knowledge shall be determined by an evaluation of all

circumstances surrounding the use of the other person's

identifying information or document.

(d) When a charge of identity theft or aggravated identity

theft of credit, money, goods, services, or other property

exceeding a specified value is brought, the value of the

credit, money, goods, services, or other property is an element

of the offense to be resolved by the trier of fact as either

exceeding or not exceeding the specified value.

(e) Sentence.

(1) Identity theft.

(A) A person convicted of identity theft in

violation of paragraph (1) of subsection (a) shall be

sentenced as follows:

(i) Identity theft of credit, money, goods,

services, or other property not exceeding $300 in

value is a Class 4 felony. A person who has been

previously convicted of identity theft of less

than $300 who is convicted of a second or

subsequent offense of identity theft of less than

$300 is guilty of a Class 3 felony. A person who

has been convicted of identity theft of less than

$300 who has been previously convicted of any type

of theft, robbery, armed robbery, burglary,

residential burglary, possession of burglary

tools, home invasion, home repair fraud,

aggravated home repair fraud, or financial

exploitation of an elderly person or person with a

disability or disabled person is guilty of a Class

3 felony. Identity theft of credit, money, goods,

services, or other property not exceeding $300 in

value when the victim of the identity theft is an

active duty member of the Armed Services or Reserve

Forces of the United States or of the Illinois

National Guard serving in a foreign country is a

Class 3 felony. A person who has been previously

convicted of identity theft of less than $300 who

is convicted of a second or subsequent offense of

identity theft of less than $300 when the victim of

the identity theft is an active duty member of the

Armed Services or Reserve Forces of the United

States or of the Illinois National Guard serving in

a foreign country is guilty of a Class 2 felony. A

person who has been convicted of identity theft of

less than $300 when the victim of the identity

theft is an active duty member of the Armed

Services or Reserve Forces of the United States or

of the Illinois National Guard serving in a foreign

country who has been previously convicted of any

type of theft, robbery, armed robbery, burglary,

residential burglary, possession of burglary

tools, home invasion, home repair fraud,

aggravated home repair fraud, or financial

exploitation of an elderly person or person with a

disability or disabled person is guilty of a Class

2 felony.

(ii) Identity theft of credit, money, goods,

services, or other property exceeding $300 and not

exceeding $2,000 in value is a Class 3 felony.

Identity theft of credit, money, goods, services,

or other property exceeding $300 and not exceeding

$2,000 in value when the victim of the identity

theft is an active duty member of the Armed

Services or Reserve Forces of the United States or

of the Illinois National Guard serving in a foreign

country is a Class 2 felony.

(iii) Identity theft of credit, money, goods,

services, or other property exceeding $2,000 and

not exceeding $10,000 in value is a Class 2 felony.

Identity theft of credit, money, goods, services,

or other property exceeding $2,000 and not

exceeding $10,000 in value when the victim of the

identity theft is an active duty member of the

Armed Services or Reserve Forces of the United

States or of the Illinois National Guard serving in

a foreign country is a Class 1 felony.

(iv) Identity theft of credit, money, goods,

services, or other property exceeding $10,000 and

not exceeding $100,000 in value is a Class 1

felony. Identity theft of credit, money, goods,

services, or other property exceeding $10,000 and

not exceeding $100,000 in value when the victim of

the identity theft is an active duty member of the

Armed Services or Reserve Forces of the United

States or of the Illinois National Guard serving in

a foreign country is a Class X felony.

(v) Identity theft of credit, money, goods,

services, or other property exceeding $100,000 in

value is a Class X felony.

(B) A person convicted of any offense enumerated in

paragraphs (2) through (7.5) of subsection (a) is

guilty of a Class 3 felony. A person convicted of any

offense enumerated in paragraphs (2) through (7.5) of

subsection (a) when the victim of the identity theft is

an active duty member of the Armed Services or Reserve

Forces of the United States or of the Illinois National

Guard serving in a foreign country is guilty of a Class

2 felony.

(C) A person convicted of any offense enumerated in

paragraphs (2) through (5) and (7.5) of subsection (a)

a second or subsequent time is guilty of a Class 2

felony. A person convicted of any offense enumerated in

paragraphs (2) through (5) and (7.5) of subsection (a)

a second or subsequent time when the victim of the

identity theft is an active duty member of the Armed

Services or Reserve Forces of the United States or of

the Illinois National Guard serving in a foreign

country is guilty of a Class 1 felony.

(D) A person who, within a 12-month period, is

found in violation of any offense enumerated in

paragraphs (2) through (7.5) of subsection (a) with

respect to the identifiers of, or other information

relating to, 3 or more separate individuals, at the

same time or consecutively, is guilty of a Class 2

felony. A person who, within a 12-month period, is

found in violation of any offense enumerated in

paragraphs (2) through (7.5) of subsection (a) with

respect to the identifiers of, or other information

relating to, 3 or more separate individuals, at the

same time or consecutively, when the victim of the

identity theft is an active duty member of the Armed

Services or Reserve Forces of the United States or of

the Illinois National Guard serving in a foreign

country is guilty of a Class 1 felony.

(E) A person convicted of identity theft in

violation of paragraph (2) of subsection (a) who uses

any personal identification information or personal

identification document of another to purchase

methamphetamine manufacturing material as defined in

Section 10 of the Methamphetamine Control and

Community Protection Act with the intent to unlawfully

manufacture methamphetamine is guilty of a Class 2

felony for a first offense and a Class 1 felony for a

second or subsequent offense. A person convicted of

identity theft in violation of paragraph (2) of

subsection (a) who uses any personal identification

information or personal identification document of

another to purchase methamphetamine manufacturing

material as defined in Section 10 of the

Methamphetamine Control and Community Protection Act

with the intent to unlawfully manufacture

methamphetamine when the victim of the identity theft

is an active duty member of the Armed Services or

Reserve Forces of the United States or of the Illinois

National Guard serving in a foreign country is guilty

of a Class 1 felony for a first offense and a Class X

felony for a second or subsequent offense.

(F) A person convicted of identity theft in

violation of paragraph (8) of subsection (a) of this

Section is guilty of a Class 4 felony.

(2) Aggravated identity theft.

(A) Aggravated identity theft of credit, money,

goods, services, or other property not exceeding $300

in value is a Class 3 felony.

(B) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $300 and

not exceeding $10,000 in value is a Class 2 felony.

(C) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $10,000

in value and not exceeding $100,000 in value is a Class

1 felony.

(D) Aggravated identity theft of credit, money,

goods, services, or other property exceeding $100,000

in value is a Class X felony.

(E) Aggravated identity theft for a violation of

any offense enumerated in paragraphs (2) through (7.5)

of subsection (a) of this Section is a Class 2 felony.

(F) Aggravated identity theft when a person who,

within a 12-month period, is found in violation of any

offense enumerated in paragraphs (2) through (7.5) of

subsection (a) of this Section with identifiers of, or

other information relating to, 3 or more separate

individuals, at the same time or consecutively, is a

Class 1 felony.

(G) A person who has been previously convicted of

aggravated identity theft regardless of the value of

the property involved who is convicted of a second or

subsequent offense of aggravated identity theft

regardless of the value of the property involved is

guilty of a Class X felony.

(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff.

8-12-11, and 97-388, eff. 1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)

Sec. 17-2. False personation; solicitation.

(a) False personation; solicitation.

(1) A person commits a false personation when he or she

knowingly and falsely represents himself or herself to be a

member or representative of any veterans' or public safety

personnel organization or a representative of any

charitable organization, or when he or she knowingly

exhibits or uses in any manner any decal, badge or insignia

of any charitable, public safety personnel, or veterans'

organization when not authorized to do so by the

charitable, public safety personnel, or veterans'

organization. "Public safety personnel organization" has

the meaning ascribed to that term in Section 1 of the

Solicitation for Charity Act.

(2) A person commits a false personation when he or she

knowingly and falsely represents himself or herself to be a

veteran in seeking employment or public office. In this

paragraph, "veteran" means a person who has served in the

Armed Services or Reserve Forces of the United States.

(2.5) A person commits a false personation when he or

she knowingly and falsely represents himself or herself to

be:

(A) another actual person and does an act in such

assumed character with intent to intimidate, threaten,

injure, defraud, or to obtain a benefit from another;

or

(B) a representative of an actual person or

organization and does an act in such false capacity

with intent to obtain a benefit or to injure or defraud

another.

(3) No person shall knowingly use the words "Police",

"Police Department", "Patrolman", "Sergeant",

"Lieutenant", "Peace Officer", "Sheriff's Police",

"Sheriff", "Officer", "Law Enforcement", "Trooper",

"Deputy", "Deputy Sheriff", "State Police", or any other

words to the same effect (i) in the title of any

organization, magazine, or other publication without the

express approval of the named public safety personnel

organization's governing board or (ii) in combination with

the name of any state, state agency, public university, or

unit of local government without the express written

authorization of that state, state agency, public

university, or unit of local government.

(4) No person may knowingly claim or represent that he

or she is acting on behalf of any public safety personnel

organization when soliciting financial contributions or

selling or delivering or offering to sell or deliver any

merchandise, goods, services, memberships, or

advertisements unless the chief of the police department,

fire department, and the corporate or municipal authority

thereof, or the sheriff has first entered into a written

agreement with the person or with an organization with

which the person is affiliated and the agreement permits

the activity and specifies and states clearly and fully the

purpose for which the proceeds of the solicitation,

contribution, or sale will be used.

(5) No person, when soliciting financial contributions

or selling or delivering or offering to sell or deliver any

merchandise, goods, services, memberships, or

advertisements may claim or represent that he or she is

representing or acting on behalf of any nongovernmental

organization by any name which includes "officer", "peace

officer", "police", "law enforcement", "trooper",

"sheriff", "deputy", "deputy sheriff", "State police", or

any other word or words which would reasonably be

understood to imply that the organization is composed of

law enforcement personnel unless:

(A) the person is actually representing or acting

on behalf of the nongovernmental organization;

(B) the nongovernmental organization is controlled

by and governed by a membership of and represents a

group or association of active duty peace officers,

retired peace officers, or injured peace officers; and

(C) before commencing the solicitation or the sale

or the offers to sell any merchandise, goods, services,

memberships, or advertisements, a written contract

between the soliciting or selling person and the

nongovernmental organization, which specifies and

states clearly and fully the purposes for which the

proceeds of the solicitation, contribution, or sale

will be used, has been entered into.

(6) No person, when soliciting financial contributions

or selling or delivering or offering to sell or deliver any

merchandise, goods, services, memberships, or

advertisements, may knowingly claim or represent that he or

she is representing or acting on behalf of any

nongovernmental organization by any name which includes

the term "fireman", "fire fighter", "paramedic", or any

other word or words which would reasonably be understood to

imply that the organization is composed of fire fighter or

paramedic personnel unless:

(A) the person is actually representing or acting

on behalf of the nongovernmental organization;

(B) the nongovernmental organization is controlled

by and governed by a membership of and represents a

group or association of active duty, retired, or

injured fire fighters (for the purposes of this

Section, "fire fighter" has the meaning ascribed to

that term in Section 2 of the Illinois Fire Protection

Training Act) or active duty, retired, or injured

emergency medical technicians - ambulance, emergency

medical technicians - intermediate, emergency medical

technicians - paramedic, ambulance drivers, or other

medical assistance or first aid personnel; and

(C) before commencing the solicitation or the sale

or delivery or the offers to sell or deliver any

merchandise, goods, services, memberships, or

advertisements, the soliciting or selling person and

the nongovernmental organization have entered into a

written contract that specifies and states clearly and

fully the purposes for which the proceeds of the

solicitation, contribution, or sale will be used.

(7) No person may knowingly claim or represent that he

or she is an airman, airline employee, airport employee, or

contractor at an airport in order to obtain the uniform,

identification card, license, or other identification

paraphernalia of an airman, airline employee, airport

employee, or contractor at an airport.

(8) No person, firm, copartnership, or corporation

(except corporations organized and doing business under

the Pawners Societies Act) shall knowingly use a name that

contains in it the words "Pawners' Society".

(b) False personation; public officials and employees. A

person commits a false personation if he or she knowingly and

falsely represents himself or herself to be any of the

following:

(1) An attorney authorized to practice law for purposes

of compensation or consideration. This paragraph (b)(1)

does not apply to a person who unintentionally fails to pay

attorney registration fees established by Supreme Court

Rule.

(2) A public officer or a public employee or an

official or employee of the federal government.

(2.3) A public officer, a public employee, or an

official or employee of the federal government, and the

false representation is made in furtherance of the

commission of felony.

(2.7) A public officer or a public employee, and the

false representation is for the purpose of effectuating

identity theft as defined in Section 16-30 of this Code.

(3) A peace officer.

(4) A peace officer while carrying a deadly weapon.

(5) A peace officer in attempting or committing a

felony.

(6) A peace officer in attempting or committing a

forcible felony.

(7) The parent, legal guardian, or other relation of a

minor child to any public official, public employee, or

elementary or secondary school employee or administrator.

(7.5) The legal guardian, including any representative

of a State or public guardian, of a person with a

disability disabled person appointed under Article XIa of

the Probate Act of 1975.

(8) A fire fighter.

(9) A fire fighter while carrying a deadly weapon.

(10) A fire fighter in attempting or committing a

felony.

(11) An emergency management worker of any

jurisdiction in this State.

(12) An emergency management worker of any

jurisdiction in this State in attempting or committing a

felony. For the purposes of this subsection (b), "emergency

management worker" has the meaning provided under Section

2-6.6 of this Code.

(b-5) The trier of fact may infer that a person falsely

represents himself or herself to be a public officer or a

public employee or an official or employee of the federal

government if the person:

(1) wears or displays without authority any uniform,

badge, insignia, or facsimile thereof by which a public

officer or public employee or official or employee of the

federal government is lawfully distinguished; or

(2) falsely expresses by word or action that he or she

is a public officer or public employee or official or

employee of the federal government and is acting with

approval or authority of a public agency or department.

(c) Fraudulent advertisement of a corporate name.

(1) A company, association, or individual commits

fraudulent advertisement of a corporate name if he, she, or

it, not being incorporated, puts forth a sign or

advertisement and assumes, for the purpose of soliciting

business, a corporate name.

(2) Nothing contained in this subsection (c) prohibits

a corporation, company, association, or person from using a

divisional designation or trade name in conjunction with

its corporate name or assumed name under Section 4.05 of

the Business Corporation Act of 1983 or, if it is a member

of a partnership or joint venture, from doing partnership

or joint venture business under the partnership or joint

venture name. The name under which the joint venture or

partnership does business may differ from the names of the

members. Business may not be conducted or transacted under

that joint venture or partnership name, however, unless all

provisions of the Assumed Business Name Act have been

complied with. Nothing in this subsection (c) permits a

foreign corporation to do business in this State without

complying with all Illinois laws regulating the doing of

business by foreign corporations. No foreign corporation

may conduct or transact business in this State as a member

of a partnership or joint venture that violates any

Illinois law regulating or pertaining to the doing of

business by foreign corporations in Illinois.

(3) The provisions of this subsection (c) do not apply

to limited partnerships formed under the Revised Uniform

Limited Partnership Act or under the Uniform Limited

Partnership Act (2001).

(d) False law enforcement badges.

(1) A person commits false law enforcement badges if he

or she knowingly produces, sells, or distributes a law

enforcement badge without the express written consent of

the law enforcement agency represented on the badge or, in

case of a reorganized or defunct law enforcement agency,

its successor law enforcement agency.

(2) It is a defense to false law enforcement badges

that the law enforcement badge is used or is intended to be

used exclusively: (i) as a memento or in a collection or

exhibit; (ii) for decorative purposes; or (iii) for a

dramatic presentation, such as a theatrical, film, or

television production.

(e) False medals.

(1) A person commits a false personation if he or she

knowingly and falsely represents himself or herself to be a

recipient of, or wears on his or her person, any of the

following medals if that medal was not awarded to that

person by the United States Government, irrespective of

branch of service: The Congressional Medal of Honor, The

Distinguished Service Cross, The Navy Cross, The Air Force

Cross, The Silver Star, The Bronze Star, or the Purple

Heart.

(2) It is a defense to a prosecution under paragraph

(e)(1) that the medal is used, or is intended to be used,

exclusively:

(A) for a dramatic presentation, such as a

theatrical, film, or television production, or a

historical re-enactment; or

(B) for a costume worn, or intended to be worn, by

a person under 18 years of age.

(f) Sentence.

(1) A violation of paragraph (a)(8) is a petty offense

subject to a fine of not less than $5 nor more than $100,

and the person, firm, copartnership, or corporation

commits an additional petty offense for each day he, she,

or it continues to commit the violation. A violation of

paragraph (c)(1) is a petty offense, and the company,

association, or person commits an additional petty offense

for each day he, she, or it continues to commit the

violation. A violation of subsection (e) is a petty offense

for which the offender shall be fined at least $100 and not

more than $200.

(2) A violation of paragraph (a)(1), (a)(3), or

(b)(7.5) is a Class C misdemeanor.

(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),

(b)(2), or (b)(7) or subsection (d) is a Class A

misdemeanor. A second or subsequent violation of

subsection (d) is a Class 3 felony.

(4) A violation of paragraph (a)(4), (a)(5), (a)(6),

(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a

Class 4 felony.

(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)

is a Class 3 felony.

(6) A violation of paragraph (b)(5) or (b)(10) is a

Class 2 felony.

(7) A violation of paragraph (b)(6) is a Class 1

felony.

(g) A violation of subsection (a)(1) through (a)(7) or

subsection (e) of this Section may be accomplished in person or

by any means of communication, including but not limited to the

use of an Internet website or any form of electronic

communication.

(Source: P.A. 97-219, eff. 1-1-12; 97-597, eff. 1-1-12;

incorporates change to Sec. 32-5 from 97-219; 97-1109, eff.

1-1-13; 98-1125, eff. 1-1-15.)

(720 ILCS 5/17-6) (from Ch. 38, par. 17-6)

Sec. 17-6. State benefits fraud.

(a) A person commits State benefits fraud when he or she

obtains or attempts to obtain money or benefits from the State

of Illinois, from any political subdivision thereof, or from

any program funded or administered in whole or in part by the

State of Illinois or any political subdivision thereof through

the knowing use of false identification documents or through

the knowing misrepresentation of his or her age, place of

residence, number of dependents, marital or family status,

employment status, financial status, or any other material fact

upon which his eligibility for or degree of participation in

any benefit program might be based.

(b) Notwithstanding any provision of State law to the

contrary, every application or other document submitted to an

agency or department of the State of Illinois or any political

subdivision thereof to establish or determine eligibility for

money or benefits from the State of Illinois or from any

political subdivision thereof, or from any program funded or

administered in whole or in part by the State of Illinois or

any political subdivision thereof, shall be made available upon

request to any law enforcement agency for use in the

investigation or prosecution of State benefits fraud or for use

in the investigation or prosecution of any other crime arising

out of the same transaction or occurrence. Except as otherwise

permitted by law, information disclosed pursuant to this

subsection shall be used and disclosed only for the purposes

provided herein. The provisions of this Section shall be

operative only to the extent that they do not conflict with any

federal law or regulation governing federal grants to this

State.

(c) Any employee of the State of Illinois or any agency or

political subdivision thereof may seize as evidence any false

or fraudulent document presented to him or her in connection

with an application for or receipt of money or benefits from

the State of Illinois, from any political subdivision thereof,

or from any program funded or administered in whole or in part

by the State of Illinois or any political subdivision thereof.

(d) Sentence.

(1) State benefits fraud is a Class 4 felony except when

more than $300 is obtained, in which case State benefits fraud

is a Class 3 felony.

(2) If a person knowingly misrepresents oneself as a

veteran or as a dependent of a veteran with the intent of

obtaining benefits or privileges provided by the State or its

political subdivisions to veterans or their dependents, then

State benefits fraud is a Class 3 felony when $300 or less is

obtained and a Class 2 felony when more than $300 is obtained.

For the purposes of this paragraph (2), benefits and privileges

include, but are not limited to, those benefits and privileges

available under the Veterans' Employment Act, the Viet Nam

Veterans Compensation Act, the Prisoner of War Bonus Act, the

War Bonus Extension Act, the Military Veterans Assistance Act,

the Veterans' Employment Representative Act, the Veterans

Preference Act, the Service Member's Employment Tenure Act, the

Housing for Veterans with Disabilities Act Disabled Veterans

Housing Act, the Under Age Veterans Benefits Act, the Survivors

Compensation Act, the Children of Deceased Veterans Act, the

Veterans Burial Places Act, the Higher Education Student

Assistance Act, or any other loans, assistance in employment,

monetary payments, or tax exemptions offered by the State or

its political subdivisions for veterans or their dependents.

(Source: P.A. 96-1551, eff. 7-1-11.)

(720 ILCS 5/17-6.5)

Sec. 17-6.5. Persons under deportation order;

ineligibility for benefits.

(a) An individual against whom a United States Immigration

Judge has issued an order of deportation which has been

affirmed by the Board of Immigration Review, as well as an

individual who appeals such an order pending appeal, under

paragraph 19 of Section 241(a) of the Immigration and

Nationality Act relating to persecution of others on account of

race, religion, national origin or political opinion under the

direction of or in association with the Nazi government of

Germany or its allies, shall be ineligible for the following

benefits authorized by State law:

(1) The homestead exemptions and homestead improvement

exemption under Sections 15-170, 15-175, 15-176, and

15-180 of the Property Tax Code.

(2) Grants under the Senior Citizens and Persons with

Disabilities Disabled Persons Property Tax Relief Act.

(3) The double income tax exemption conferred upon

persons 65 years of age or older by Section 204 of the

Illinois Income Tax Act.

(4) Grants provided by the Department on Aging.

(5) Reductions in vehicle registration fees under

Section 3-806.3 of the Illinois Vehicle Code.

(6) Free fishing and reduced fishing license fees under

Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.

(7) Tuition free courses for senior citizens under the

Senior Citizen Courses Act.

(8) Any benefits under the Illinois Public Aid Code.

(b) If a person has been found by a court to have knowingly

received benefits in violation of subsection (a) and:

(1) the total monetary value of the benefits received

is less than $150, the person is guilty of a Class A

misdemeanor; a second or subsequent violation is a Class 4

felony;

(2) the total monetary value of the benefits received

is $150 or more but less than $1,000, the person is guilty

of a Class 4 felony; a second or subsequent violation is a

Class 3 felony;

(3) the total monetary value of the benefits received

is $1,000 or more but less than $5,000, the person is

guilty of a Class 3 felony; a second or subsequent

violation is a Class 2 felony;

(4) the total monetary value of the benefits received

is $5,000 or more but less than $10,000, the person is

guilty of a Class 2 felony; a second or subsequent

violation is a Class 1 felony; or

(5) the total monetary value of the benefits received

is $10,000 or more, the person is guilty of a Class 1

felony.

(c) For purposes of determining the classification of an

offense under this Section, all of the monetary value of the

benefits received as a result of the unlawful act, practice, or

course of conduct may be accumulated.

(d) Any grants awarded to persons described in subsection

(a) may be recovered by the State of Illinois in a civil action

commenced by the Attorney General in the circuit court of

Sangamon County or the State's Attorney of the county of

residence of the person described in subsection (a).

(e) An individual described in subsection (a) who has been

deported shall be restored to any benefits which that

individual has been denied under State law pursuant to

subsection (a) if (i) the Attorney General of the United States

has issued an order cancelling deportation and has adjusted the

status of the individual to that of an alien lawfully admitted

for permanent residence in the United States or (ii) the

country to which the individual has been deported adjudicates

or exonerates the individual in a judicial or administrative

proceeding as not being guilty of the persecution of others on

account of race, religion, national origin, or political

opinion under the direction of or in association with the Nazi

government of Germany or its allies.

(Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)

(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)

Sec. 17-10.2. Businesses owned by minorities, females, and

persons with disabilities; fraudulent contracts with

governmental units.

(a) In this Section:

"Minority person" means a person who is any of the

following:

(1) American Indian or Alaska Native (a person having

origins in any of the original peoples of North and South

America, including Central America, and who maintains

tribal affiliation or community attachment).

(2) Asian (a person having origins in any of the

original peoples of the Far East, Southeast Asia, or the

Indian subcontinent, including, but not limited to,

Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).

(3) Black or African American (a person having origins

in any of the black racial groups of Africa). Terms such as

"Haitian" or "Negro" can be used in addition to "Black or

African American".

(4) Hispanic or Latino (a person of Cuban, Mexican,

Puerto Rican, South or Central American, or other Spanish

culture or origin, regardless of race).

(5) Native Hawaiian or Other Pacific Islander (a person

having origins in any of the original peoples of Hawaii,

Guam, Samoa, or other Pacific Islands).

"Female" means a person who is of the female gender.

"Person with a disability" means a person who is a

person qualifying as having a disability being disabled.

"Disability Disabled" means a severe physical or

mental disability that: (1) results from: amputation,

arthritis, autism, blindness, burn injury, cancer,

cerebral palsy, cystic fibrosis, deafness, head injury,

heart disease, hemiplegia, hemophilia, respiratory or

pulmonary dysfunction, an intellectual disability, mental

illness, multiple sclerosis, muscular dystrophy,

musculoskeletal disorders, neurological disorders,

including stroke and epilepsy, paraplegia, quadriplegia

and other spinal cord conditions, sickle cell anemia,

specific learning disabilities, or end stage renal failure

disease; and (2) substantially limits one or more of the

person's major life activities.

"Minority owned business" means a business concern

that is at least 51% owned by one or more minority persons,

or in the case of a corporation, at least 51% of the stock

in which is owned by one or more minority persons; and the

management and daily business operations of which are

controlled by one or more of the minority individuals who

own it.

"Female owned business" means a business concern that

is at least 51% owned by one or more females, or, in the

case of a corporation, at least 51% of the stock in which

is owned by one or more females; and the management and

daily business operations of which are controlled by one or

more of the females who own it.

"Business owned by a person with a disability" means a

business concern that is at least 51% owned by one or more

persons with a disability and the management and daily

business operations of which are controlled by one or more

of the persons with disabilities who own it. A

not-for-profit agency for persons with disabilities that

is exempt from taxation under Section 501 of the Internal

Revenue Code of 1986 is also considered a "business owned

by a person with a disability".

"Governmental unit" means the State, a unit of local

government, or school district.

(b) In addition to any other penalties imposed by law or by

an ordinance or resolution of a unit of local government or

school district, any individual or entity that knowingly

obtains, or knowingly assists another to obtain, a contract

with a governmental unit, or a subcontract or written

commitment for a subcontract under a contract with a

governmental unit, by falsely representing that the individual

or entity, or the individual or entity assisted, is a minority

owned business, female owned business, or business owned by a

person with a disability is guilty of a Class 2 felony,

regardless of whether the preference for awarding the contract

to a minority owned business, female owned business, or

business owned by a person with a disability was established by

statute or by local ordinance or resolution.

(c) In addition to any other penalties authorized by law,

the court shall order that an individual or entity convicted of

a violation of this Section must pay to the governmental unit

that awarded the contract a penalty equal to one and one-half

times the amount of the contract obtained because of the false

representation.

(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.

1-1-12, and 97-396, eff. 1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)

Sec. 18-1. Robbery; aggravated robbery.

(a) Robbery. A person commits robbery when he or she

knowingly takes property, except a motor vehicle covered by

Section 18-3 or 18-4, from the person or presence of another by

the use of force or by threatening the imminent use of force.

(b) Aggravated robbery.

(1) A person commits aggravated robbery when he or she

violates subsection (a) while indicating verbally or by his

or her actions to the victim that he or she is presently

armed with a firearm or other dangerous weapon, including a

knife, club, ax, or bludgeon. This offense shall be

applicable even though it is later determined that he or

she had no firearm or other dangerous weapon, including a

knife, club, ax, or bludgeon, in his or her possession when

he or she committed the robbery.

(2) A person commits aggravated robbery when he or she

knowingly takes property from the person or presence of

another by delivering (by injection, inhalation,

ingestion, transfer of possession, or any other means) to

the victim without his or her consent, or by threat or

deception, and for other than medical purposes, any

controlled substance.

(c) Sentence.

Robbery is a Class 2 felony, unless the victim is 60 years

of age or over or is a person with a physical disability

physically handicapped person, or the robbery is committed in a

school, day care center, day care home, group day care home, or

part day child care facility, or place of worship, in which

case robbery is a Class 1 felony. Aggravated robbery is a Class

1 felony.

(d) Regarding penalties prescribed in subsection (c) for

violations committed in a day care center, day care home, group

day care home, or part day child care facility, the time of

day, time of year, and whether children under 18 years of age

were present in the day care center, day care home, group day

care home, or part day child care facility are irrelevant.

(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)

(720 ILCS 5/18-4)

Sec. 18-4. Aggravated vehicular hijacking.

(a) A person commits aggravated vehicular hijacking when he

or she violates Section 18-3; and

(1) the person from whose immediate presence the motor

vehicle is taken is a person with a physical disability

physically handicapped person or a person 60 years of age

or over; or

(2) a person under 16 years of age is a passenger in

the motor vehicle at the time of the offense; or

(3) he or she carries on or about his or her person, or

is otherwise armed with a dangerous weapon, other than a

firearm; or

(4) he or she carries on or about his or her person or

is otherwise armed with a firearm; or

(5) he or she, during the commission of the offense,

personally discharges a firearm; or

(6) he or she, during the commission of the offense,

personally discharges a firearm that proximately causes

great bodily harm, permanent disability, permanent

disfigurement, or death to another person.

(b) Sentence. Aggravated vehicular hijacking in violation

of subsections (a)(1) or (a)(2) is a Class X felony. A

violation of subsection (a)(3) is a Class X felony for which a

term of imprisonment of not less than 7 years shall be imposed.

A violation of subsection (a)(4) is a Class X felony for which

15 years shall be added to the term of imprisonment imposed by

the court. A violation of subsection (a)(5) is a Class X felony

for which 20 years shall be added to the term of imprisonment

imposed by the court. A violation of subsection (a)(6) is a

Class X felony for which 25 years or up to a term of natural

life shall be added to the term of imprisonment imposed by the

court.

(Source: P.A. 97-1108, eff. 1-1-13.)

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or

delivery of firearms when he or she knowingly does any of the

following:

(a) Sells or gives any firearm of a size which may be

concealed upon the person to any person under 18 years of

age.

(b) Sells or gives any firearm to a person under 21

years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has

been convicted of a felony under the laws of this or any

other jurisdiction.

(e) Sells or gives any firearm to any person who has

been a patient in a mental institution within the past 5

years. In this subsection (e):

"Mental institution" means any hospital,

institution, clinic, evaluation facility, mental

health center, or part thereof, which is used primarily

for the care or treatment of persons with mental

illness.

"Patient in a mental institution" means the person

was admitted, either voluntarily or involuntarily, to

a mental institution for mental health treatment,

unless the treatment was voluntary and solely for an

alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness.

(f) Sells or gives any firearms to any person who is a

person with an intellectual disability intellectually

disabled.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without

withholding delivery of such firearm for at least 72 hours

after application for its purchase has been made, or

delivers any rifle, shotgun or other long gun, or a stun

gun or taser, incidental to a sale, without withholding

delivery of such rifle, shotgun or other long gun, or a

stun gun or taser for at least 24 hours after application

for its purchase has been made. However, this paragraph (g)

does not apply to: (1) the sale of a firearm to a law

enforcement officer if the seller of the firearm knows that

the person to whom he or she is selling the firearm is a

law enforcement officer or the sale of a firearm to a

person who desires to purchase a firearm for use in

promoting the public interest incident to his or her

employment as a bank guard, armed truck guard, or other

similar employment; (2) a mail order sale of a firearm to a

nonresident of Illinois under which the firearm is mailed

to a point outside the boundaries of Illinois; (3) the sale

of a firearm to a nonresident of Illinois while at a

firearm showing or display recognized by the Illinois

Department of State Police; or (4) the sale of a firearm to

a dealer licensed as a federal firearms dealer under

Section 923 of the federal Gun Control Act of 1968 (18

U.S.C. 923). For purposes of this paragraph (g),

"application" means when the buyer and seller reach an

agreement to purchase a firearm.

(h) While holding any license as a dealer, importer,

manufacturer or pawnbroker under the federal Gun Control

Act of 1968, manufactures, sells or delivers to any

unlicensed person a handgun having a barrel, slide, frame

or receiver which is a die casting of zinc alloy or any

other nonhomogeneous metal which will melt or deform at a

temperature of less than 800 degrees Fahrenheit. For

purposes of this paragraph, (1) "firearm" is defined as in

the Firearm Owners Identification Card Act; and (2)

"handgun" is defined as a firearm designed to be held and

fired by the use of a single hand, and includes a

combination of parts from which such a firearm can be

assembled.

(i) Sells or gives a firearm of any size to any person

under 18 years of age who does not possess a valid Firearm

Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the

business of selling firearms at wholesale or retail without

being licensed as a federal firearms dealer under Section

923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

In this paragraph (j):

A person "engaged in the business" means a person who

devotes time, attention, and labor to engaging in the

activity as a regular course of trade or business with the

principal objective of livelihood and profit, but does not

include a person who makes occasional repairs of firearms

or who occasionally fits special barrels, stocks, or

trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other intents,

such as improving or liquidating a personal firearms

collection; however, proof of profit shall not be required

as to a person who engages in the regular and repetitive

purchase and disposition of firearms for criminal purposes

or terrorism.

(k) Sells or transfers ownership of a firearm to a

person who does not display to the seller or transferor of

the firearm a currently valid Firearm Owner's

Identification Card that has previously been issued in the

transferee's name by the Department of State Police under

the provisions of the Firearm Owners Identification Card

Act. This paragraph (k) does not apply to the transfer of a

firearm to a person who is exempt from the requirement of

possessing a Firearm Owner's Identification Card under

Section 2 of the Firearm Owners Identification Card Act.

For the purposes of this Section, a currently valid Firearm

Owner's Identification Card means (i) a Firearm Owner's

Identification Card that has not expired or (ii) an

approval number issued in accordance with subsection

(a-10) of subsection 3 or Section 3.1 of the Firearm Owners

Identification Card Act shall be proof that the Firearm

Owner's Identification Card was valid.

(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally

licensed firearms dealers must also have complied with

subsection (a-10) of Section 3 of the Firearm Owners

Identification Card Act by determining the validity of

a purchaser's Firearm Owner's Identification Card.

(2) All sellers or transferors who have complied

with the requirements of subparagraph (1) of this

paragraph (k) shall not be liable for damages in any

civil action arising from the use or misuse by the

transferee of the firearm transferred, except for

willful or wanton misconduct on the part of the seller

or transferor.

(l) Not being entitled to the possession of a firearm,

delivers the firearm, knowing it to have been stolen or

converted. It may be inferred that a person who possesses a

firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is stolen

or converted.

(B) Paragraph (h) of subsection (A) does not include

firearms sold within 6 months after enactment of Public Act

78-355 (approved August 21, 1973, effective October 1, 1973),

nor is any firearm legally owned or possessed by any citizen or

purchased by any citizen within 6 months after the enactment of

Public Act 78-355 subject to confiscation or seizure under the

provisions of that Public Act. Nothing in Public Act 78-355

shall be construed to prohibit the gift or trade of any firearm

if that firearm was legally held or acquired within 6 months

after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (c), (e), (f), (g),

or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (b) or (i) of

subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) of subsection (A)

commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a), (b), or (i) of

subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real property

comprising a school, at a school related activity, or on or

within 1,000 feet of any conveyance owned, leased, or

contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony. Any person

convicted of a second or subsequent violation of unlawful

sale or delivery of firearms in violation of paragraph (a),

(b), or (i) of subsection (A) in any school, on the real

property comprising a school, within 1,000 feet of the real

property comprising a school, at a school related activity,

or on or within 1,000 feet of any conveyance owned, leased,

or contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony for which

the sentence shall be a term of imprisonment of no less

than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (a) or (i) of

subsection (A) in residential property owned, operated, or

managed by a public housing agency or leased by a public

housing agency as part of a scattered site or mixed-income

development, in a public park, in a courthouse, on

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

as part of a scattered site or mixed-income development, on

the real property comprising any public park, on the real

property comprising any courthouse, or on any public way

within 1,000 feet of the real property comprising any

public park, courthouse, or residential property owned,

operated, or managed by a public housing agency or leased

by a public housing agency as part of a scattered site or

mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (j) of subsection (A)

commits a Class A misdemeanor. A second or subsequent

violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (k) of subsection (A)

commits a Class 4 felony, except that a violation of

subparagraph (1) of paragraph (k) of subsection (A) shall

not be punishable as a crime or petty offense. A third or

subsequent conviction for a violation of paragraph (k) of

subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of

unlawful sale or delivery of firearms in violation of

paragraph (a) or (i) of subsection (A), when the firearm

that was sold or given to another person under 18 years of

age was used in the commission of or attempt to commit a

forcible felony, shall be fined or imprisoned, or both, not

to exceed the maximum provided for the most serious

forcible felony so committed or attempted by the person

under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (d) of subsection (A)

commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery

of firearms in violation of paragraph (l) of subsection (A)

commits a Class 2 felony if the delivery is of one firearm.

Any person convicted of unlawful sale or delivery of

firearms in violation of paragraph (l) of subsection (A)

commits a Class 1 felony if the delivery is of not less

than 2 and not more than 5 firearms at the same time or

within a one year period. Any person convicted of unlawful

sale or delivery of firearms in violation of paragraph (l)

of subsection (A) commits a Class X felony for which he or

she shall be sentenced to a term of imprisonment of not

less than 6 years and not more than 30 years if the

delivery is of not less than 6 and not more than 10

firearms at the same time or within a 2 year period. Any

person convicted of unlawful sale or delivery of firearms

in violation of paragraph (l) of subsection (A) commits a

Class X felony for which he or she shall be sentenced to a

term of imprisonment of not less than 6 years and not more

than 40 years if the delivery is of not less than 11 and

not more than 20 firearms at the same time or within a 3

year period. Any person convicted of unlawful sale or

delivery of firearms in violation of paragraph (l) of

subsection (A) commits a Class X felony for which he or she

shall be sentenced to a term of imprisonment of not less

than 6 years and not more than 50 years if the delivery is

of not less than 21 and not more than 30 firearms at the

same time or within a 4 year period. Any person convicted

of unlawful sale or delivery of firearms in violation of

paragraph (l) of subsection (A) commits a Class X felony

for which he or she shall be sentenced to a term of

imprisonment of not less than 6 years and not more than 60

years if the delivery is of 31 or more firearms at the same

time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary

school, community college, college, or university.

"School related activity" means any sporting, social,

academic, or other activity for which students' attendance or

participation is sponsored, organized, or funded in whole or in

part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of

subsection (A) of this Section may be commenced within 6 years

after the commission of the offense. A prosecution for a

violation of this Section other than paragraph (g) of

subsection (A) of this Section may be commenced within 5 years

after the commission of the offense defined in the particular

paragraph.

(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,

eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)

(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

Sec. 24-3.1. Unlawful possession of firearms and firearm

ammunition.

(a) A person commits the offense of unlawful possession of

firearms or firearm ammunition when:

(1) He is under 18 years of age and has in his

possession any firearm of a size which may be concealed

upon the person; or

(2) He is under 21 years of age, has been convicted of

a misdemeanor other than a traffic offense or adjudged

delinquent and has any firearms or firearm ammunition in

his possession; or

(3) He is a narcotic addict and has any firearms or

firearm ammunition in his possession; or

(4) He has been a patient in a mental institution

within the past 5 years and has any firearms or firearm

ammunition in his possession. For purposes of this

paragraph (4):

"Mental institution" means any hospital,

institution, clinic, evaluation facility, mental

health center, or part thereof, which is used primarily

for the care or treatment of persons with mental

illness.

"Patient in a mental institution" means the person

was admitted, either voluntarily or involuntarily, to

a mental institution for mental health treatment,

unless the treatment was voluntary and solely for an

alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness; or

(5) He is a person with an intellectual disability

intellectually disabled and has any firearms or firearm

ammunition in his possession; or

(6) He has in his possession any explosive bullet.

For purposes of this paragraph "explosive bullet" means the

projectile portion of an ammunition cartridge which contains or

carries an explosive charge which will explode upon contact

with the flesh of a human or an animal. "Cartridge" means a

tubular metal case having a projectile affixed at the front

thereof and a cap or primer at the rear end thereof, with the

propellant contained in such tube between the projectile and

the cap.

(b) Sentence.

Unlawful possession of firearms, other than handguns, and

firearm ammunition is a Class A misdemeanor. Unlawful

possession of handguns is a Class 4 felony. The possession of

each firearm or firearm ammunition in violation of this Section

constitutes a single and separate violation.

(c) Nothing in paragraph (1) of subsection (a) of this

Section prohibits a person under 18 years of age from

participating in any lawful recreational activity with a

firearm such as, but not limited to, practice shooting at

targets upon established public or private target ranges or

hunting, trapping, or fishing in accordance with the Wildlife

Code or the Fish and Aquatic Life Code.

(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)

(720 ILCS 5/48-10)

Sec. 48-10. Dangerous animals.

(a) Definitions. As used in this Section, unless the

context otherwise requires:

"Dangerous animal" means a lion, tiger, leopard,

ocelot, jaguar, cheetah, margay, mountain lion, lynx,

bobcat, jaguarundi, bear, hyena, wolf or coyote. Dangerous

animal does not mean any herptiles included in the

Herptiles-Herps Act.

"Owner" means any person who (1) has a right of

property in a dangerous animal or primate, (2) keeps or

harbors a dangerous animal or primate, (3) has a dangerous

animal or primate in his or her care, or (4) acts as

custodian of a dangerous animal or primate.

"Person" means any individual, firm, association,

partnership, corporation, or other legal entity, any

public or private institution, the State, or any municipal

corporation or political subdivision of the State.

"Primate" means a nonhuman member of the order primate,

including but not limited to chimpanzee, gorilla,

orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,

and tarsier.

(b) Dangerous animal or primate offense. No person shall

have a right of property in, keep, harbor, care for, act as

custodian of or maintain in his or her possession any dangerous

animal or primate except at a properly maintained zoological

park, federally licensed exhibit, circus, college or

university, scientific institution, research laboratory,

veterinary hospital, hound running area, or animal refuge in an

escape-proof enclosure.

(c) Exemptions.

(1) This Section does not prohibit a person who had

lawful possession of a primate before January 1, 2011, from

continuing to possess that primate if the person registers

the animal by providing written notification to the local

animal control administrator on or before April 1, 2011.

The notification shall include:

(A) the person's name, address, and telephone

number; and

(B) the type of primate, the age, a photograph, a

description of any tattoo, microchip, or other

identifying information, and a list of current

inoculations.

(2) This Section does not prohibit a person who has a

permanent disability is permanently disabled with a severe

mobility impairment from possessing a single capuchin

monkey to assist the person in performing daily tasks if:

(A) the capuchin monkey was obtained from and

trained at a licensed nonprofit organization described

in Section 501(c)(3) of the Internal Revenue Code of

1986, the nonprofit tax status of which was obtained on

the basis of a mission to improve the quality of life

of severely mobility-impaired individuals; and

(B) the person complies with the notification

requirements as described in paragraph (1) of this

subsection (c).

(d) A person who registers a primate shall notify the local

animal control administrator within 30 days of a change of

address. If the person moves to another locality within the

State, the person shall register the primate with the new local

animal control administrator within 30 days of moving by

providing written notification as provided in paragraph (1) of

subsection (c) and shall include proof of the prior

registration.

(e) A person who registers a primate shall notify the local

animal control administrator immediately if the primate dies,

escapes, or bites, scratches, or injures a person.

(f) It is no defense to a violation of subsection (b) that

the person violating subsection (b) has attempted to

domesticate the dangerous animal. If there appears to be

imminent danger to the public, any dangerous animal found not

in compliance with the provisions of this Section shall be

subject to seizure and may immediately be placed in an approved

facility. Upon the conviction of a person for a violation of

subsection (b), the animal with regard to which the conviction

was obtained shall be confiscated and placed in an approved

facility, with the owner responsible for all costs connected

with the seizure and confiscation of the animal. Approved

facilities include, but are not limited to, a zoological park,

federally licensed exhibit, humane society, veterinary

hospital or animal refuge.

(g) Sentence. Any person violating this Section is guilty

of a Class C misdemeanor. Any corporation or partnership, any

officer, director, manager or managerial agent of the

partnership or corporation who violates this Section or causes

the partnership or corporation to violate this Section is

guilty of a Class C misdemeanor. Each day of violation

constitutes a separate offense.

(Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15.)

Section 885. The Discrimination in Sale of Real Estate Act

is amended by changing Section 1 as follows:

(720 ILCS 590/1) (from Ch. 38, par. 70-51)

Sec. 1. Inducements to sell or purchase by reason of race,

color, religion, national origin, ancestry, creed, physical or

mental disability handicap, or sex - Prohibition of

Solicitation.

It shall be unlawful for any person or corporation

knowingly:

(a) To solicit for sale, lease, listing or purchase any

residential real estate within the State of Illinois, on the

grounds of loss of value due to the present or prospective

entry into the vicinity of the property involved of any person

or persons of any particular race, color, religion, national

origin, ancestry, creed, physical or mental disability

handicap, or sex.

(b) To distribute or cause to be distributed, written

material or statements designed to induce any owner of

residential real estate in the State of Illinois to sell or

lease his or her property because of any present or prospective

changes in the race, color, religion, national origin,

ancestry, creed, physical or mental disability handicap, or

sex, of residents in the vicinity of the property involved.

(c) To intentionally create alarm, among residents of any

community, by transmitting in any manner including a telephone

call whether or not conversation thereby ensues, with a design

to induce any owner of residential real estate in the State of

Illinois to sell or lease his or her property because of any

present or prospective entry into the vicinity of the property

involved of any person or persons of any particular race,

color, religion, national origin, ancestry, creed, physical or

mental disability handicap, or sex.

(d) To solicit any owner of residential property to sell or

list such residential property at any time after such person or

corporation has notice that such owner does not desire to sell

such residential property. For the purpose of this subsection,

notice must be provided as follows:

(1) The notice may be given by the owner personally or by a

third party in the owner's name, either in the form of an

individual notice or a list, provided it complies with this

subsection.

(2) Such notice shall be explicit as to whether each owner

on the notice seeks to avoid both solicitation for listing and

sale, or only for listing, or only for sale, as well as the

period of time for which any avoidance is desired. The notice

shall be dated and either of the following shall apply: (A)

each owner shall have signed the notice or (B) the person or

entity preparing the notice shall provide an accompanying

affidavit to the effect that all the names on the notice are,

in fact, genuine as to the identity of the persons listed and

that such persons have requested not to be solicited as

indicated.

(3) The individual notice, or notice in the form of a list

with the accompanying affidavit, shall be served personally or

by certified or registered mail, return receipt requested.

(Source: P.A. 80-338; 80-920; 80-1364.)

Section 890. The Code of Criminal Procedure of 1963 is

amended by changing Section 102-23 and the heading of Article

106B and Sections 106B-5, 110-5, 114-15, 115-10, and 122-2.2 as

follows:

(725 ILCS 5/102-23)

Sec. 102-23. "Person with a moderate intellectual

disability Moderately intellectually disabled person" means a

person whose intelligence quotient is between 41 and 55 and who

does not suffer from significant mental illness to the extent

that the person's ability to exercise rational judgment is

impaired.

(Source: P.A. 97-227, eff. 1-1-12.)

(725 ILCS 5/Art. 106B heading)

ARTICLE 106B. VICTIMS OF SEXUAL ABUSE: CHILDREN AND PERSONS

WITH DEVELOPMENTAL DISABILITIES CHILD AND DEVELOPMENTALLY

DISABLED VICTIMS OF SEXUAL ABUSE

(Source: P.A. 95-897, eff. 1-1-09.)

(725 ILCS 5/106B-5)

Sec. 106B-5. Testimony by a victim who is a child or a

person with a moderate, severe, or profound intellectual

disability moderately, severely, or profoundly intellectually

disabled person or a person affected by a developmental

disability.

(a) In a proceeding in the prosecution of an offense of

criminal sexual assault, predatory criminal sexual assault of a

child, aggravated criminal sexual assault, criminal sexual

abuse, or aggravated criminal sexual abuse, a court may order

that the testimony of a victim who is a child under the age of

18 years or a person with a moderate, severe, or profound

intellectual disability moderately, severely, or profoundly

intellectually disabled person or a person affected by a

developmental disability be taken outside the courtroom and

shown in the courtroom by means of a closed circuit television

if:

(1) the testimony is taken during the proceeding; and

(2) the judge determines that testimony by the child

victim or victim with a moderate, severe, or profound

intellectual disability moderately, severely, or

profoundly intellectually disabled victim or victim

affected by a developmental disability in the courtroom

will result in the child or person with a moderate, severe,

or profound intellectual disability moderately, severely,

or profoundly intellectually disabled person or person

affected by a developmental disability suffering serious

emotional distress such that the child or person with a

moderate, severe, or profound intellectual disability

moderately, severely, or profoundly intellectually

disabled person or person affected by a developmental

disability cannot reasonably communicate or that the child

or person with a moderate, severe, or profound intellectual

disability moderately, severely, or profoundly

intellectually disabled person or person affected by a

developmental disability will suffer severe emotional

distress that is likely to cause the child or person with a

moderate, severe, or profound intellectual disability

moderately, severely, or profoundly intellectually

disabled person or person affected by a developmental

disability to suffer severe adverse effects.

(b) Only the prosecuting attorney, the attorney for the

defendant, and the judge may question the child or person with

a moderate, severe, or profound intellectual disability

moderately, severely, or profoundly intellectually disabled

person or person affected by a developmental disability.

(c) The operators of the closed circuit television shall

make every effort to be unobtrusive.

(d) Only the following persons may be in the room with the

child or person with a moderate, severe, or profound

intellectual disability moderately, severely, or profoundly

intellectually disabled person or person affected by a

developmental disability when the child or person with a

moderate, severe, or profound intellectual disability

moderately, severely, or profoundly intellectually disabled

person or person affected by a developmental disability

testifies by closed circuit television:

(1) the prosecuting attorney;

(2) the attorney for the defendant;

(3) the judge;

(4) the operators of the closed circuit television

equipment; and

(5) any person or persons whose presence, in the

opinion of the court, contributes to the well-being of the

child or person with a moderate, severe, or profound

intellectual disability moderately, severely, or

profoundly intellectually disabled person or person

affected by a developmental disability, including a person

who has dealt with the child in a therapeutic setting

concerning the abuse, a parent or guardian of the child or

person with a moderate, severe, or profound intellectual

disability moderately, severely, or profoundly

intellectually disabled person or person affected by a

developmental disability, and court security personnel.

(e) During the child's or person with a moderate, severe,

or profound intellectual disability moderately, severely, or

profoundly intellectually disabled person's or person affected

by a developmental disability's testimony by closed circuit

television, the defendant shall be in the courtroom and shall

not communicate with the jury if the cause is being heard

before a jury.

(f) The defendant shall be allowed to communicate with the

persons in the room where the child or person with a moderate,

severe, or profound intellectual disability moderately,

severely, or profoundly intellectually disabled person or

person affected by a developmental disability is testifying by

any appropriate electronic method.

(g) The provisions of this Section do not apply if the

defendant represents himself pro se.

(h) This Section may not be interpreted to preclude, for

purposes of identification of a defendant, the presence of both

the victim and the defendant in the courtroom at the same time.

(i) This Section applies to prosecutions pending on or

commenced on or after the effective date of this amendatory Act

of 1994.

(j) For the purposes of this Section, "developmental

disability" includes, but is not limited to, cerebral palsy,

epilepsy, and autism.

(Source: P.A. 97-227, eff. 1-1-12.)

(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

Sec. 110-5. Determining the amount of bail and conditions

of release.

(a) In determining the amount of monetary bail or

conditions of release, if any, which will reasonably assure the

appearance of a defendant as required or the safety of any

other person or the community and the likelihood of compliance

by the defendant with all the conditions of bail, the court

shall, on the basis of available information, take into account

such matters as the nature and circumstances of the offense

charged, whether the evidence shows that as part of the offense

there was a use of violence or threatened use of violence,

whether the offense involved corruption of public officials or

employees, whether there was physical harm or threats of

physical harm to any public official, public employee, judge,

prosecutor, juror or witness, senior citizen, child, or person

with a disability handicapped person, whether evidence shows

that during the offense or during the arrest the defendant

possessed or used a firearm, machine gun, explosive or metal

piercing ammunition or explosive bomb device or any military or

paramilitary armament, whether the evidence shows that the

offense committed was related to or in furtherance of the

criminal activities of an organized gang or was motivated by

the defendant's membership in or allegiance to an organized

gang, the condition of the victim, any written statement

submitted by the victim or proffer or representation by the

State regarding the impact which the alleged criminal conduct

has had on the victim and the victim's concern, if any, with

further contact with the defendant if released on bail, whether

the offense was based on racial, religious, sexual orientation

or ethnic hatred, the likelihood of the filing of a greater

charge, the likelihood of conviction, the sentence applicable

upon conviction, the weight of the evidence against such

defendant, whether there exists motivation or ability to flee,

whether there is any verification as to prior residence,

education, or family ties in the local jurisdiction, in another

county, state or foreign country, the defendant's employment,

financial resources, character and mental condition, past

conduct, prior use of alias names or dates of birth, and length

of residence in the community, the consent of the defendant to

periodic drug testing in accordance with Section 110-6.5,

whether a foreign national defendant is lawfully admitted in

the United States of America, whether the government of the

foreign national maintains an extradition treaty with the

United States by which the foreign government will extradite to

the United States its national for a trial for a crime

allegedly committed in the United States, whether the defendant

is currently subject to deportation or exclusion under the

immigration laws of the United States, whether the defendant,

although a United States citizen, is considered under the law

of any foreign state a national of that state for the purposes

of extradition or non-extradition to the United States, the

amount of unrecovered proceeds lost as a result of the alleged

offense, the source of bail funds tendered or sought to be

tendered for bail, whether from the totality of the court's

consideration, the loss of funds posted or sought to be posted

for bail will not deter the defendant from flight, whether the

evidence shows that the defendant is engaged in significant

possession, manufacture, or delivery of a controlled substance

or cannabis, either individually or in consort with others,

whether at the time of the offense charged he or she was on

bond or pre-trial release pending trial, probation, periodic

imprisonment or conditional discharge pursuant to this Code or

the comparable Code of any other state or federal jurisdiction,

whether the defendant is on bond or pre-trial release pending

the imposition or execution of sentence or appeal of sentence

for any offense under the laws of Illinois or any other state

or federal jurisdiction, whether the defendant is under parole,

aftercare release, mandatory supervised release, or work

release from the Illinois Department of Corrections or Illinois

Department of Juvenile Justice or any penal institution or

corrections department of any state or federal jurisdiction,

the defendant's record of convictions, whether the defendant

has been convicted of a misdemeanor or ordinance offense in

Illinois or similar offense in other state or federal

jurisdiction within the 10 years preceding the current charge

or convicted of a felony in Illinois, whether the defendant was

convicted of an offense in another state or federal

jurisdiction that would be a felony if committed in Illinois

within the 20 years preceding the current charge or has been

convicted of such felony and released from the penitentiary

within 20 years preceding the current charge if a penitentiary

sentence was imposed in Illinois or other state or federal

jurisdiction, the defendant's records of juvenile adjudication

of delinquency in any jurisdiction, any record of appearance or

failure to appear by the defendant at court proceedings,

whether there was flight to avoid arrest or prosecution,

whether the defendant escaped or attempted to escape to avoid

arrest, whether the defendant refused to identify himself or

herself, or whether there was a refusal by the defendant to be

fingerprinted as required by law. Information used by the court

in its findings or stated in or offered in connection with this

Section may be by way of proffer based upon reliable

information offered by the State or defendant. All evidence

shall be admissible if it is relevant and reliable regardless

of whether it would be admissible under the rules of evidence

applicable at criminal trials. If the State presents evidence

that the offense committed by the defendant was related to or

in furtherance of the criminal activities of an organized gang

or was motivated by the defendant's membership in or allegiance

to an organized gang, and if the court determines that the

evidence may be substantiated, the court shall prohibit the

defendant from associating with other members of the organized

gang as a condition of bail or release. For the purposes of

this Section, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(b) The amount of bail shall be:

(1) Sufficient to assure compliance with the

conditions set forth in the bail bond, which shall include

the defendant's current address with a written

admonishment to the defendant that he or she must comply

with the provisions of Section 110-12 regarding any change

in his or her address. The defendant's address shall at all

times remain a matter of public record with the clerk of

the court.

(2) Not oppressive.

(3) Considerate of the financial ability of the

accused.

(4) When a person is charged with a drug related

offense involving possession or delivery of cannabis or

possession or delivery of a controlled substance as defined

in the Cannabis Control Act, the Illinois Controlled

Substances Act, or the Methamphetamine Control and

Community Protection Act, the full street value of the

drugs seized shall be considered. "Street value" shall be

determined by the court on the basis of a proffer by the

State based upon reliable information of a law enforcement

official contained in a written report as to the amount

seized and such proffer may be used by the court as to the

current street value of the smallest unit of the drug

seized.

(b-5) Upon the filing of a written request demonstrating

reasonable cause, the State's Attorney may request a source of

bail hearing either before or after the posting of any funds.

If the hearing is granted, before the posting of any bail, the

accused must file a written notice requesting that the court

conduct a source of bail hearing. The notice must be

accompanied by justifying affidavits stating the legitimate

and lawful source of funds for bail. At the hearing, the court

shall inquire into any matters stated in any justifying

affidavits, and may also inquire into matters appropriate to

the determination which shall include, but are not limited to,

the following:

(1) the background, character, reputation, and

relationship to the accused of any surety; and

(2) the source of any money or property deposited by

any surety, and whether any such money or property

constitutes the fruits of criminal or unlawful conduct; and

(3) the source of any money posted as cash bail, and

whether any such money constitutes the fruits of criminal

or unlawful conduct; and

(4) the background, character, reputation, and

relationship to the accused of the person posting cash

bail.

Upon setting the hearing, the court shall examine, under

oath, any persons who may possess material information.

The State's Attorney has a right to attend the hearing, to

call witnesses and to examine any witness in the proceeding.

The court shall, upon request of the State's Attorney, continue

the proceedings for a reasonable period to allow the State's

Attorney to investigate the matter raised in any testimony or

affidavit. If the hearing is granted after the accused has

posted bail, the court shall conduct a hearing consistent with

this subsection (b-5). At the conclusion of the hearing, the

court must issue an order either approving of disapproving the

bail.

(c) When a person is charged with an offense punishable by

fine only the amount of the bail shall not exceed double the

amount of the maximum penalty.

(d) When a person has been convicted of an offense and only

a fine has been imposed the amount of the bail shall not exceed

double the amount of the fine.

(e) The State may appeal any order granting bail or setting

a given amount for bail.

(f) When a person is charged with a violation of an order

of protection under Section 12-3.4 or 12-30 of the Criminal

Code of 1961 or the Criminal Code of 2012 or when a person is

charged with domestic battery, aggravated domestic battery,

kidnapping, aggravated kidnaping, unlawful restraint,

aggravated unlawful restraint, stalking, aggravated stalking,

cyberstalking, harassment by telephone, harassment through

electronic communications, or an attempt to commit first degree

murder committed against an intimate partner regardless

whether an order of protection has been issued against the

person,

(1) whether the alleged incident involved harassment

or abuse, as defined in the Illinois Domestic Violence Act

of 1986;

(2) whether the person has a history of domestic

violence, as defined in the Illinois Domestic Violence Act,

or a history of other criminal acts;

(3) based on the mental health of the person;

(4) whether the person has a history of violating the

orders of any court or governmental entity;

(5) whether the person has been, or is, potentially a

threat to any other person;

(6) whether the person has access to deadly weapons or

a history of using deadly weapons;

(7) whether the person has a history of abusing alcohol

or any controlled substance;

(8) based on the severity of the alleged incident that

is the basis of the alleged offense, including, but not

limited to, the duration of the current incident, and

whether the alleged incident involved the use of a weapon,

physical injury, sexual assault, strangulation, abuse

during the alleged victim's pregnancy, abuse of pets, or

forcible entry to gain access to the alleged victim;

(9) whether a separation of the person from the alleged

victim or a termination of the relationship between the

person and the alleged victim has recently occurred or is

pending;

(10) whether the person has exhibited obsessive or

controlling behaviors toward the alleged victim,

including, but not limited to, stalking, surveillance, or

isolation of the alleged victim or victim's family member

or members;

(11) whether the person has expressed suicidal or

homicidal ideations;

(12) based on any information contained in the

complaint and any police reports, affidavits, or other

documents accompanying the complaint,

the court may, in its discretion, order the respondent to

undergo a risk assessment evaluation using a recognized,

evidence-based instrument conducted by an Illinois Department

of Human Services approved partner abuse intervention program

provider, pretrial service, probation, or parole agency. These

agencies shall have access to summaries of the defendant's

criminal history, which shall not include victim interviews or

information, for the risk evaluation. Based on the information

collected from the 12 points to be considered at a bail hearing

under this subsection (f), the results of any risk evaluation

conducted and the other circumstances of the violation, the

court may order that the person, as a condition of bail, be

placed under electronic surveillance as provided in Section

5-8A-7 of the Unified Code of Corrections. Upon making a

determination whether or not to order the respondent to undergo

a risk assessment evaluation or to be placed under electronic

surveillance and risk assessment, the court shall document in

the record the court's reasons for making those determinations.

The cost of the electronic surveillance and risk assessment

shall be paid by, or on behalf, of the defendant. As used in

this subsection (f), "intimate partner" means a spouse or a

current or former partner in a cohabitation or dating

relationship.

(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14;

98-1012, eff. 1-1-15.)

(725 ILCS 5/114-15)

Sec. 114-15. Intellectual disability.

(a) In a first degree murder case in which the State seeks

the death penalty as an appropriate sentence, any party may

raise the issue of the defendant's intellectual disabilities by

motion. A defendant wishing to raise the issue of his or her

intellectual disabilities shall provide written notice to the

State and the court as soon as the defendant reasonably

believes such issue will be raised.

(b) The issue of the defendant's intellectual disabilities

shall be determined in a pretrial hearing. The court shall be

the fact finder on the issue of the defendant's intellectual

disabilities and shall determine the issue by a preponderance

of evidence in which the moving party has the burden of proof.

The court may appoint an expert in the field of intellectual

disabilities. The defendant and the State may offer experts

from the field of intellectual disabilities. The court shall

determine admissibility of evidence and qualification as an

expert.

(c) If after a plea of guilty to first degree murder, or a

finding of guilty of first degree murder in a bench trial, or a

verdict of guilty for first degree murder in a jury trial, or

on a matter remanded from the Supreme Court for sentencing for

first degree murder, and the State seeks the death penalty as

an appropriate sentence, the defendant may raise the issue of

defendant's intellectual disabilities not at eligibility but

at aggravation and mitigation. The defendant and the State may

offer experts from the field of intellectual disabilities. The

court shall determine admissibility of evidence and

qualification as an expert.

(d) In determining whether the defendant is a person with

an intellectual disability intellectually disabled, the

intellectual disability must have manifested itself by the age

of 18. IQ tests and psychometric tests administered to the

defendant must be the kind and type recognized by experts in

the field of intellectual disabilities. In order for the

defendant to be considered a person with an intellectual

disability intellectually disabled, a low IQ must be

accompanied by significant deficits in adaptive behavior in at

least 2 of the following skill areas: communication, self-care,

social or interpersonal skills, home living, self-direction,

academics, health and safety, use of community resources, and

work. An intelligence quotient (IQ) of 75 or below is

presumptive evidence of an intellectual disability.

(e) Evidence of an intellectual disability that did not

result in disqualifying the case as a capital case, may be

introduced as evidence in mitigation during a capital

sentencing hearing. A failure of the court to determine that

the defendant is a person with an intellectual disability

intellectually disabled does not preclude the court during

trial from allowing evidence relating to mental disability

should the court deem it appropriate.

(f) If the court determines at a pretrial hearing or after

remand that a capital defendant is a person with an

intellectual disability intellectually disabled, and the State

does not appeal pursuant to Supreme Court Rule 604, the case

shall no longer be considered a capital case and the procedural

guidelines established for capital cases shall no longer be

applicable to the defendant. In that case, the defendant shall

be sentenced under the sentencing provisions of Chapter V of

the Unified Code of Corrections.

(Source: P.A. 97-227, eff. 1-1-12.)

(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)

Sec. 115-10. Certain hearsay exceptions.

(a) In a prosecution for a physical or sexual act

perpetrated upon or against a child under the age of 13, or a

person who was a person with a moderate, severe, or profound

intellectual disability moderately, severely, or profoundly

intellectually disabled person as defined in this Code and in

Section 2-10.1 of the Criminal Code of 1961 or the Criminal

Code of 2012 at the time the act was committed, including but

not limited to prosecutions for violations of Sections 11-1.20

through 11-1.60 or 12-13 through 12-16 of the Criminal Code of

1961 or the Criminal Code of 2012 and prosecutions for

violations of Sections 10-1 (kidnapping), 10-2 (aggravated

kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated

unlawful restraint), 10-4 (forcible detention), 10-5 (child

abduction), 10-6 (harboring a runaway), 10-7 (aiding or

abetting child abduction), 11-9 (public indecency), 11-11

(sexual relations within families), 11-21 (harmful material),

12-1 (assault), 12-2 (aggravated assault), 12-3 (battery),

12-3.2 (domestic battery), 12-3.3 (aggravated domestic

battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1

(heinous battery), 12-4.2 (aggravated battery with a firearm),

12-4.3 (aggravated battery of a child), 12-4.7 (drug induced

infliction of great bodily harm), 12-5 (reckless conduct), 12-6

(intimidation), 12-6.1 or 12-6.5 (compelling organization

membership of persons), 12-7.1 (hate crime), 12-7.3

(stalking), 12-7.4 (aggravated stalking), 12-10 or 12C-35

(tattooing the body of a minor), 12-11 or 19-6 (home invasion),

12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5

(endangering the life or health of a child) or 12-32 (ritual

mutilation) of the Criminal Code of 1961 or the Criminal Code

of 2012 or any sex offense as defined in subsection (B) of

Section 2 of the Sex Offender Registration Act, the following

evidence shall be admitted as an exception to the hearsay rule:

(1) testimony by the victim of an out of court

statement made by the victim that he or she complained of

such act to another; and

(2) testimony of an out of court statement made by the

victim describing any complaint of such act or matter or

detail pertaining to any act which is an element of an

offense which is the subject of a prosecution for a sexual

or physical act against that victim.

(b) Such testimony shall only be admitted if:

(1) The court finds in a hearing conducted outside the

presence of the jury that the time, content, and

circumstances of the statement provide sufficient

safeguards of reliability; and

(2) The child or person with a moderate, severe, or

profound intellectual disability moderately, severely, or

profoundly intellectually disabled person either:

(A) testifies at the proceeding; or

(B) is unavailable as a witness and there is

corroborative evidence of the act which is the subject

of the statement; and

(3) In a case involving an offense perpetrated against

a child under the age of 13, the out of court statement was

made before the victim attained 13 years of age or within 3

months after the commission of the offense, whichever

occurs later, but the statement may be admitted regardless

of the age of the victim at the time of the proceeding.

(c) If a statement is admitted pursuant to this Section,

the court shall instruct the jury that it is for the jury to

determine the weight and credibility to be given the statement

and that, in making the determination, it shall consider the

age and maturity of the child, or the intellectual capabilities

of the person with a moderate, severe, or profound intellectual

disability moderately, severely, or profoundly intellectually

disabled person, the nature of the statement, the circumstances

under which the statement was made, and any other relevant

factor.

(d) The proponent of the statement shall give the adverse

party reasonable notice of his intention to offer the statement

and the particulars of the statement.

(e) Statements described in paragraphs (1) and (2) of

subsection (a) shall not be excluded on the basis that they

were obtained as a result of interviews conducted pursuant to a

protocol adopted by a Child Advocacy Advisory Board as set

forth in subsections (c), (d), and (e) of Section 3 of the

Children's Advocacy Center Act or that an interviewer or

witness to the interview was or is an employee, agent, or

investigator of a State's Attorney's office.

(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section

965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff.

7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,

eff. 1-1-13; 97-1150, eff. 1-25-13.)

(725 ILCS 5/122-2.2)

Sec. 122-2.2. Intellectual disability and post-conviction

relief.

(a) In cases where no determination of an intellectual

disability was made and a defendant has been convicted of

first-degree murder, sentenced to death, and is in custody

pending execution of the sentence of death, the following

procedures shall apply:

(1) Notwithstanding any other provision of law or rule

of court, a defendant may seek relief from the death

sentence through a petition for post-conviction relief

under this Article alleging that the defendant was a person

with an intellectual disability intellectually disabled as

defined in Section 114-15 at the time the offense was

alleged to have been committed.

(2) The petition must be filed within 180 days of the

effective date of this amendatory Act of the 93rd General

Assembly or within 180 days of the issuance of the mandate

by the Illinois Supreme Court setting the date of

execution, whichever is later.

(b) (3) All other provisions of this Article governing

petitions for post-conviction relief shall apply to a petition

for post-conviction relief alleging an intellectual

disability.

(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)

Section 895. The Rights of Crime Victims and Witnesses Act

is amended by changing Section 3 as follows:

(725 ILCS 120/3) (from Ch. 38, par. 1403)

Sec. 3. The terms used in this Act, unless the context

clearly requires otherwise, shall have the following meanings:

(a) "Crime victim" and "victim" mean (1) a person

physically injured in this State as a result of a violent crime

perpetrated or attempted against that person or (2) a person

who suffers injury to or loss of property as a result of a

violent crime perpetrated or attempted against that person or

(3) a single representative who may be the spouse, parent,

child or sibling of a person killed as a result of a violent

crime perpetrated against the person killed or the spouse,

parent, child or sibling of any person granted rights under

this Act who is physically or mentally incapable of exercising

such rights, except where the spouse, parent, child or sibling

is also the defendant or prisoner or (4) any person against

whom a violent crime has been committed or (5) any person who

has suffered personal injury as a result of a violation of

Section 11-501 of the Illinois Vehicle Code, or of a similar

provision of a local ordinance, or of Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 or (6) in

proceedings under the Juvenile Court Act of 1987, both parents,

legal guardians, foster parents, or a single adult

representative of a minor or person with a disability disabled

person who is a crime victim.

(b) "Witness" means any person who personally observed the

commission of a violent crime and who will testify on behalf of

the State of Illinois in the criminal prosecution of the

violent crime.

(c) "Violent Crime" means any felony in which force or

threat of force was used against the victim, or any offense

involving sexual exploitation, sexual conduct or sexual

penetration, or a violation of Section 11-20.1, 11-20.1B, or

11-20.3 of the Criminal Code of 1961 or the Criminal Code of

2012, domestic battery, violation of an order of protection,

stalking, or any misdemeanor which results in death or great

bodily harm to the victim or any violation of Section 9-3 of

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

Section 11-501 of the Illinois Vehicle Code, or a similar

provision of a local ordinance, if the violation resulted in

personal injury or death, and includes any action committed by

a juvenile that would be a violent crime if committed by an

adult. For the purposes of this paragraph, "personal injury"

shall include any Type A injury as indicated on the traffic

accident report completed by a law enforcement officer that

requires immediate professional attention in either a doctor's

office or medical facility. A type A injury shall include

severely bleeding wounds, distorted extremities, and injuries

that require the injured party to be carried from the scene.

(d) "Sentencing Hearing" means any hearing where a sentence

is imposed by the court on a convicted defendant and includes

hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2

and 5-7-7 of the Unified Code of Corrections.

(e) "Court proceedings" includes the preliminary hearing,

any hearing the effect of which may be the release of the

defendant from custody or to alter the conditions of bond, the

trial, sentencing hearing, notice of appeal, any modification

of sentence, probation revocation hearings, aftercare release

or parole hearings.

(f) "Concerned citizen" includes relatives of the victim,

friends of the victim, witnesses to the crime, or any other

person associated with the victim or prisoner.

(Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13;

98-558, eff. 1-1-14.)

Section 900. The Sexually Violent Persons Commitment Act is

amended by changing Section 90 as follows:

(725 ILCS 207/90)

Sec. 90. Committed persons ability to pay for services.

Each person committed or detained under this Act who receives

services provided directly or funded by the Department and the

estate of that person is liable for the payment of sums

representing charges for services to the person at a rate to be

determined by the Department. Services charges against that

person take effect on the date of admission or the effective

date of this Section. The Department in its rules may establish

a maximum rate for the cost of services. In the case of any

person who has received residential services from the

Department, whether directly from the Department or through a

public or private agency or entity funded by the Department,

the liability shall be the same regardless of the source of

services. When the person is placed in a facility outside the

Department, the facility shall collect reimbursement from the

person. The Department may supplement the contribution of the

person to private facilities after all other sources of income

have been utilized; however the supplement shall not exceed the

allowable rate under Title XVIII or Title XIX of the Federal

Social Security Act for those persons eligible for those

respective programs. The Department may pay the actual costs of

services or maintenance in the facility and may collect

reimbursement for the entire amount paid from the person or an

amount not to exceed the maximum. Lesser or greater amounts may

be accepted by the Department when conditions warrant that

action or when offered by persons not liable under this Act.

Nothing in this Section shall preclude the Department from

applying federal benefits that are specifically provided for

the care and treatment of a person with a disability disabled

person toward the cost of care provided by a State facility or

private agency. The Department may investigate the financial

condition of each person committed under this Act, may make

determinations of the ability of each such person to pay sums

representing services charges, and for those purposes may set a

standard as a basis of judgment of ability to pay. The

Department shall by rule make provisions for unusual and

exceptional circumstances in the application of that standard.

The Department may issue to any person liable under this Act a

statement of amount due as treatment charges requiring him or

her to pay monthly, quarterly, or otherwise as may be arranged,

an amount not exceeding that required under this Act, plus fees

to which the Department may be entitled under this Act.

(a) Whenever an individual is covered, in part or in whole,

under any type of insurance arrangement, private or public, for

services provided by the Department, the proceeds from the

insurance shall be considered as part of the individual's

ability to pay notwithstanding that the insurance contract was

entered into by a person other than the individual or that the

premiums for the insurance were paid for by a person other than

the individual. Remittances from intermediary agencies under

Title XVIII of the Federal Social Security Act for services to

committed persons shall be deposited with the State Treasurer

and placed in the Mental Health Fund. Payments received from

the Department of Healthcare and Family Services under Title

XIX of the Federal Social Security Act for services to those

persons shall be deposited with the State Treasurer and shall

be placed in the General Revenue Fund.

(b) Any person who has been issued a Notice of

Determination of sums due as services charges may petition the

Department for a review of that determination. The petition

must be in writing and filed with the Department within 90 days

from the date of the Notice of Determination. The Department

shall provide for a hearing to be held on the charges for the

period covered by the petition. The Department may after the

hearing, cancel, modify, or increase the former determination

to an amount not to exceed the maximum provided for the person

by this Act. The Department at its expense shall take testimony

and preserve a record of all proceedings at the hearing upon

any petition for a release from or modification of the

determination. The petition and other documents in the nature

of pleadings and motions filed in the case, a transcript of

testimony, findings of the Department, and orders of the

Secretary constitute the record. The Secretary shall furnish a

transcript of the record to any person upon payment of 75¢ per

page for each original transcript and 25¢ per page for each

copy of the transcript. Any person aggrieved by the decision of

the Department upon a hearing may, within 30 days thereafter,

file a petition with the Department for review of the decision

by the Board of Reimbursement Appeals established in the Mental

Health and Developmental Disabilities Code. The Board of

Reimbursement Appeals may approve action taken by the

Department or may remand the case to the Secretary with

recommendation for redetermination of charges.

(c) Upon receiving a petition for review under subsection

(b) of this Section, the Department shall thereupon notify the

Board of Reimbursement Appeals which shall render its decision

thereon within 30 days after the petition is filed and certify

such decision to the Department. Concurrence of a majority of

the Board is necessary in any such decision. Upon request of

the Department, the State's Attorney of the county in which a

client who is liable under this Act for payment of sums

representing services charges resides, shall institute

appropriate legal action against any such client, or within the

time provided by law shall file a claim against the estate of

the client who fails or refuses to pay those charges. The court

shall order the payment of sums due for services charges for

such period or periods of time as the circumstances require.

The order may be entered against any defendant and may be based

upon the proportionate ability of each defendant to contribute

to the payment of sums representing services charges including

the actual charges for services in facilities outside the

Department where the Department has paid those charges. Orders

for the payment of money may be enforced by attachment as for

contempt against the persons of the defendants and, in

addition, as other judgments for the payment of money, and

costs may be adjudged against the defendants and apportioned

among them.

(d) The money collected shall be deposited into the Mental

Health Fund.

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

Section 905. The State's Attorneys Appellate Prosecutor's

Act is amended by changing Section 4.10 as follows:

(725 ILCS 210/4.10) (from Ch. 14, par. 204.10)

Sec. 4.10. The Office may conduct and charge tuition for

training programs for State's Attorneys, Assistant State's

Attorneys and other law enforcement officers. The Office shall

conduct training programs and provide technical trial

assistance for Illinois State's Attorneys, Assistant State's

Attorneys, and law enforcement officers on: (1)

constitutional, statutory, and case law issues; (2) forensic

evidence; (3) prosecutorial ethics and professional

responsibility; and (4) a continuum of trial advocacy

techniques and methods, including an emphasis on the

elimination of or reduction in the trauma of testifying in

criminal proceedings for vulnerable populations including

seniors, persons with disabilities disabled persons, and

children who serve as witnesses in such proceedings. The Office

may make grants for these purposes. In addition, the Office may

publish, disseminate and sell publications and newsletters

which digest current Appellate and Supreme Court cases and

legislative developments of importance to prosecutors and law

enforcement officials. The moneys collected by the Office from

the programs and publications provided for in this Section

shall be deposited in the Continuing Legal Education Trust

Fund, which special fund is hereby created in the State

Treasury. In addition, such appropriations, gifts or grants of

money as the Office may secure from any public or private

source for the purposes described in this Section shall be

deposited in the Continuing Legal Education Trust Fund. The

General Assembly shall make appropriations from the Continuing

Legal Education Trust Fund for the expenses of the Office

incident to conducting the programs and publishing the

materials provided for in this Section.

(Source: P.A. 97-641, eff. 12-19-11.)

Section 910. The Unified Code of Corrections is amended by

changing Sections 3-12-16, 5-1-8, 5-1-13, 5-5-3, 5-5-3.1,

5-5-3.2, 5-6-3, 5-6-3.1, and 5-7-1 as follows:

(730 ILCS 5/3-12-16)

Sec. 3-12-16. Helping Paws Service Dog Program.

(a) In this Section:

"Person with a disability Disabled person" means a person

who suffers from a physical or mental impairment that

substantially limits one or more major life activities.

"Program" means the Helping Paws Service Dog Program

created by this Section.

"Service dog" means a dog trained in obedience and task

skills to meet the needs of a person with a disability disabled

person.

"Animal care professional" means a person certified to work

in animal care related services, such as grooming, kenneling,

and any other related fields.

"Service dog professional" means a person certified to

train service dogs by an agency, organization, or school

approved by the Department.

(b) The Department may establish the Helping Paws Service

Dog Program to train committed persons to be service dog

trainers and animal care professionals. The Department shall

select committed persons in various correctional institutions

and facilities to participate in the Program.

(c) Priority for participation in the Program must be given

to committed persons who either have a high school diploma or

have passed high school equivalency testing.

(d) The Department may contract with service dog

professionals to train committed persons to be certified

service dog trainers. Service dog professionals shall train

committed persons in dog obedience training, service dog

training, and animal health care. Upon successful completion of

the training, a committed person shall receive certification by

an agency, organization, or school approved by the Department.

(e) The Department may designate a non-profit organization

to select animals from humane societies and shelters for the

purpose of being trained as service dogs and for participation

in any program designed to train animal care professionals.

(f) After a dog is trained by the committed person as a

service dog, a review committee consisting of an equal number

of persons from the Department and the non-profit organization

shall select a person with a disability disabled person to

receive the service dog free of charge.

(g) Employees of the Department shall periodically visit

persons with disabilities disabled persons who have received

service dogs from the Department under this Section to

determine whether the needs of the persons with disabilities

disabled persons have been met by the service dogs trained by

committed persons.

(h) Employees of the Department shall periodically visit

committed persons who have been certified as service dog

trainers or animal care professionals and who have been paroled

or placed on mandatory supervised release to determine whether

the committed persons are using their skills as certified

service dog trainers or animal care professionals.

(Source: P.A. 98-718, eff. 1-1-15.)

(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)

Sec. 5-1-8. Defendant in Need of Mental Treatment.

"Defendant in need of mental treatment" means any defendant

afflicted with a mental disorder, not including a person with

an intellectual disability who is intellectually disabled, if

that defendant, as a result of such mental disorder, is

reasonably expected at the time of determination or within a

reasonable time thereafter to intentionally or unintentionally

physically injure himself or other persons, or is unable to

care for himself so as to guard himself from physical injury or

to provide for his own physical needs.

(Source: P.A. 97-227, eff. 1-1-12.)

(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)

Sec. 5-1-13. Intellectual disability Intellectually

Disabled. "Intellectual disability" means Intellectually

disabled" and "intellectual disability" mean sub-average

general intellectual functioning generally originating during

the developmental period and associated with impairment in

adaptive behavior reflected in delayed maturation or reduced

learning ability or inadequate social adjustment.

(Source: P.A. 97-227, eff. 1-1-12.)

(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

Sec. 5-5-3. Disposition.

(a) (Blank).

(b) (Blank).

(c) (1) (Blank).

(2) A period of probation, a term of periodic imprisonment

or conditional discharge shall not be imposed for the following

offenses. The court shall sentence the offender to not less

than the minimum term of imprisonment set forth in this Code

for the following offenses, and may order a fine or restitution

or both in conjunction with such term of imprisonment:

(A) First degree murder where the death penalty is not

imposed.

(B) Attempted first degree murder.

(C) A Class X felony.

(D) A violation of Section 401.1 or 407 of the Illinois

Controlled Substances Act, or a violation of subdivision

(c)(1.5) or (c)(2) of Section 401 of that Act which relates

to more than 5 grams of a substance containing cocaine,

fentanyl, or an analog thereof.

(D-5) A violation of subdivision (c)(1) of Section 401

of the Illinois Controlled Substances Act which relates to

3 or more grams of a substance containing heroin or an

analog thereof.

(E) A violation of Section 5.1 or 9 of the Cannabis

Control Act.

(F) A Class 2 or greater felony if the offender had

been convicted of a Class 2 or greater felony, including

any state or federal conviction for an offense that

contained, at the time it was committed, the same elements

as an offense now (the date of the offense committed after

the prior Class 2 or greater felony) classified as a Class

2 or greater felony, within 10 years of the date on which

the offender committed the offense for which he or she is

being sentenced, except as otherwise provided in Section

40-10 of the Alcoholism and Other Drug Abuse and Dependency

Act.

(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

the Criminal Code of 1961 or the Criminal Code of 2012 for

which imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise provided

in Section 40-10 of the Alcoholism and Other Drug Abuse and

Dependency Act.

(H) Criminal sexual assault.

(I) Aggravated battery of a senior citizen as described

in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

of the Criminal Code of 1961 or the Criminal Code of 2012.

(J) A forcible felony if the offense was related to the

activities of an organized gang.

Before July 1, 1994, for the purposes of this

paragraph, "organized gang" means an association of 5 or

more persons, with an established hierarchy, that

encourages members of the association to perpetrate crimes

or provides support to the members of the association who

do commit crimes.

Beginning July 1, 1994, for the purposes of this

paragraph, "organized gang" has the meaning ascribed to it

in Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

(K) Vehicular hijacking.

(L) A second or subsequent conviction for the offense

of hate crime when the underlying offense upon which the

hate crime is based is felony aggravated assault or felony

mob action.

(M) A second or subsequent conviction for the offense

of institutional vandalism if the damage to the property

exceeds $300.

(N) A Class 3 felony violation of paragraph (1) of

subsection (a) of Section 2 of the Firearm Owners

Identification Card Act.

(O) A violation of Section 12-6.1 or 12-6.5 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(P) A violation of paragraph (1), (2), (3), (4), (5),

or (7) of subsection (a) of Section 11-20.1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(Q) A violation of subsection (b) or (b-5) of Section

20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

(R) A violation of Section 24-3A of the Criminal Code

of 1961 or the Criminal Code of 2012.

(S) (Blank).

(T) A second or subsequent violation of the

Methamphetamine Control and Community Protection Act.

(U) A second or subsequent violation of Section 6-303

of the Illinois Vehicle Code committed while his or her

driver's license, permit, or privilege was revoked because

of a violation of Section 9-3 of the Criminal Code of 1961

or the Criminal Code of 2012, relating to the offense of

reckless homicide, or a similar provision of a law of

another state.

(V) A violation of paragraph (4) of subsection (c) of

Section 11-20.1B or paragraph (4) of subsection (c) of

Section 11-20.3 of the Criminal Code of 1961, or paragraph

(6) of subsection (a) of Section 11-20.1 of the Criminal

Code of 2012 when the victim is under 13 years of age and

the defendant has previously been convicted under the laws

of this State or any other state of the offense of child

pornography, aggravated child pornography, aggravated

criminal sexual abuse, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, or any of the

offenses formerly known as rape, deviate sexual assault,

indecent liberties with a child, or aggravated indecent

liberties with a child where the victim was under the age

of 18 years or an offense that is substantially equivalent

to those offenses.

(W) A violation of Section 24-3.5 of the Criminal Code

of 1961 or the Criminal Code of 2012.

(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.

(Y) A conviction for unlawful possession of a firearm

by a street gang member when the firearm was loaded or

contained firearm ammunition.

(Z) A Class 1 felony committed while he or she was

serving a term of probation or conditional discharge for a

felony.

(AA) Theft of property exceeding $500,000 and not

exceeding $1,000,000 in value.

(BB) Laundering of criminally derived property of a

value exceeding $500,000.

(CC) Knowingly selling, offering for sale, holding for

sale, or using 2,000 or more counterfeit items or

counterfeit items having a retail value in the aggregate of

$500,000 or more.

(DD) A conviction for aggravated assault under

paragraph (6) of subsection (c) of Section 12-2 of the

Criminal Code of 1961 or the Criminal Code of 2012 if the

firearm is aimed toward the person against whom the firearm

is being used.

(3) (Blank).

(4) A minimum term of imprisonment of not less than 10

consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of

the Illinois Vehicle Code.

(4.1) (Blank).

(4.2) Except as provided in paragraphs (4.3) and (4.8) of

this subsection (c), a minimum of 100 hours of community

service shall be imposed for a second violation of Section

6-303 of the Illinois Vehicle Code.

(4.3) A minimum term of imprisonment of 30 days or 300

hours of community service, as determined by the court, shall

be imposed for a second violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.4) Except as provided in paragraphs (4.5), (4.6), and

(4.9) of this subsection (c), a minimum term of imprisonment of

30 days or 300 hours of community service, as determined by the

court, shall be imposed for a third or subsequent violation of

Section 6-303 of the Illinois Vehicle Code.

(4.5) A minimum term of imprisonment of 30 days shall be

imposed for a third violation of subsection (c) of Section

6-303 of the Illinois Vehicle Code.

(4.6) Except as provided in paragraph (4.10) of this

subsection (c), a minimum term of imprisonment of 180 days

shall be imposed for a fourth or subsequent violation of

subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30

consecutive days, or 300 hours of community service, shall be

imposed for a violation of subsection (a-5) of Section 6-303 of

the Illinois Vehicle Code, as provided in subsection (b-5) of

that Section.

(4.8) A mandatory prison sentence shall be imposed for a

second violation of subsection (a-5) of Section 6-303 of the

Illinois Vehicle Code, as provided in subsection (c-5) of that

Section. The person's driving privileges shall be revoked for a

period of not less than 5 years from the date of his or her

release from prison.

(4.9) A mandatory prison sentence of not less than 4 and

not more than 15 years shall be imposed for a third violation

of subsection (a-5) of Section 6-303 of the Illinois Vehicle

Code, as provided in subsection (d-2.5) of that Section. The

person's driving privileges shall be revoked for the remainder

of his or her life.

(4.10) A mandatory prison sentence for a Class 1 felony

shall be imposed, and the person shall be eligible for an

extended term sentence, for a fourth or subsequent violation of

subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

as provided in subsection (d-3.5) of that Section. The person's

driving privileges shall be revoked for the remainder of his or

her life.

(5) The court may sentence a corporation or unincorporated

association convicted of any offense to:

(A) a period of conditional discharge;

(B) a fine;

(C) make restitution to the victim under Section 5-5-6

of this Code.

(5.1) In addition to any other penalties imposed, and

except as provided in paragraph (5.2) or (5.3), a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for at least 90 days but not

more than one year, if the violation resulted in damage to the

property of another person.

(5.2) In addition to any other penalties imposed, and

except as provided in paragraph (5.3), a person convicted of

violating subsection (c) of Section 11-907 of the Illinois

Vehicle Code shall have his or her driver's license, permit, or

privileges suspended for at least 180 days but not more than 2

years, if the violation resulted in injury to another person.

(5.3) In addition to any other penalties imposed, a person

convicted of violating subsection (c) of Section 11-907 of the

Illinois Vehicle Code shall have his or her driver's license,

permit, or privileges suspended for 2 years, if the violation

resulted in the death of another person.

(5.4) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid

a reinstatement fee of $100.

(5.5) In addition to any other penalties imposed, a person

convicted of violating Section 3-707 of the Illinois Vehicle

Code during a period in which his or her driver's license,

permit, or privileges were suspended for a previous violation

of that Section shall have his or her driver's license, permit,

or privileges suspended for an additional 6 months after the

expiration of the original 3-month suspension and until he or

she has paid a reinstatement fee of $100.

(6) (Blank).

(7) (Blank).

(8) (Blank).

(9) A defendant convicted of a second or subsequent offense

of ritualized abuse of a child may be sentenced to a term of

natural life imprisonment.

(10) (Blank).

(11) The court shall impose a minimum fine of $1,000 for a

first offense and $2,000 for a second or subsequent offense

upon a person convicted of or placed on supervision for battery

when the individual harmed was a sports official or coach at

any level of competition and the act causing harm to the sports

official or coach occurred within an athletic facility or

within the immediate vicinity of the athletic facility at which

the sports official or coach was an active participant of the

athletic contest held at the athletic facility. For the

purposes of this paragraph (11), "sports official" means a

person at an athletic contest who enforces the rules of the

contest, such as an umpire or referee; "athletic facility"

means an indoor or outdoor playing field or recreational area

where sports activities are conducted; and "coach" means a

person recognized as a coach by the sanctioning authority that

conducted the sporting event.

(12) A person may not receive a disposition of court

supervision for a violation of Section 5-16 of the Boat

Registration and Safety Act if that person has previously

received a disposition of court supervision for a violation of

that Section.

(13) A person convicted of or placed on court supervision

for an assault or aggravated assault when the victim and the

offender are family or household members as defined in Section

103 of the Illinois Domestic Violence Act of 1986 or convicted

of domestic battery or aggravated domestic battery may be

required to attend a Partner Abuse Intervention Program under

protocols set forth by the Illinois Department of Human

Services under such terms and conditions imposed by the court.

The costs of such classes shall be paid by the offender.

(d) In any case in which a sentence originally imposed is

vacated, the case shall be remanded to the trial court. The

trial court shall hold a hearing under Section 5-4-1 of the

Unified Code of Corrections which may include evidence of the

defendant's life, moral character and occupation during the

time since the original sentence was passed. The trial court

shall then impose sentence upon the defendant. The trial court

may impose any sentence which could have been imposed at the

original trial subject to Section 5-5-4 of the Unified Code of

Corrections. If a sentence is vacated on appeal or on

collateral attack due to the failure of the trier of fact at

trial to determine beyond a reasonable doubt the existence of a

fact (other than a prior conviction) necessary to increase the

punishment for the offense beyond the statutory maximum

otherwise applicable, either the defendant may be re-sentenced

to a term within the range otherwise provided or, if the State

files notice of its intention to again seek the extended

sentence, the defendant shall be afforded a new trial.

(e) In cases where prosecution for aggravated criminal

sexual abuse under Section 11-1.60 or 12-16 of the Criminal

Code of 1961 or the Criminal Code of 2012 results in conviction

of a defendant who was a family member of the victim at the

time of the commission of the offense, the court shall consider

the safety and welfare of the victim and may impose a sentence

of probation only where:

(1) the court finds (A) or (B) or both are appropriate:

(A) the defendant is willing to undergo a court

approved counseling program for a minimum duration of 2

years; or

(B) the defendant is willing to participate in a

court approved plan including but not limited to the

defendant's:

(i) removal from the household;

(ii) restricted contact with the victim;

(iii) continued financial support of the

family;

(iv) restitution for harm done to the victim;

and

(v) compliance with any other measures that

the court may deem appropriate; and

(2) the court orders the defendant to pay for the

victim's counseling services, to the extent that the court

finds, after considering the defendant's income and

assets, that the defendant is financially capable of paying

for such services, if the victim was under 18 years of age

at the time the offense was committed and requires

counseling as a result of the offense.

Probation may be revoked or modified pursuant to Section

5-6-4; except where the court determines at the hearing that

the defendant violated a condition of his or her probation

restricting contact with the victim or other family members or

commits another offense with the victim or other family

members, the court shall revoke the defendant's probation and

impose a term of imprisonment.

For the purposes of this Section, "family member" and

"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.

(f) (Blank).

(g) Whenever a defendant is convicted of an offense under

Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

11-14.3, 11-14.4 except for an offense that involves keeping a

place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

Criminal Code of 2012, the defendant shall undergo medical

testing to determine whether the defendant has any sexually

transmissible disease, including a test for infection with

human immunodeficiency virus (HIV) or any other identified

causative agent of acquired immunodeficiency syndrome (AIDS).

Any such medical test shall be performed only by appropriately

licensed medical practitioners and may include an analysis of

any bodily fluids as well as an examination of the defendant's

person. Except as otherwise provided by law, the results of

such test shall be kept strictly confidential by all medical

personnel involved in the testing and must be personally

delivered in a sealed envelope to the judge of the court in

which the conviction was entered for the judge's inspection in

camera. Acting in accordance with the best interests of the

victim and the public, the judge shall have the discretion to

determine to whom, if anyone, the results of the testing may be

revealed. The court shall notify the defendant of the test

results. The court shall also notify the victim if requested by

the victim, and if the victim is under the age of 15 and if

requested by the victim's parents or legal guardian, the court

shall notify the victim's parents or legal guardian of the test

results. The court shall provide information on the

availability of HIV testing and counseling at Department of

Public Health facilities to all parties to whom the results of

the testing are revealed and shall direct the State's Attorney

to provide the information to the victim when possible. A

State's Attorney may petition the court to obtain the results

of any HIV test administered under this Section, and the court

shall grant the disclosure if the State's Attorney shows it is

relevant in order to prosecute a charge of criminal

transmission of HIV under Section 12-5.01 or 12-16.2 of the

Criminal Code of 1961 or the Criminal Code of 2012 against the

defendant. The court shall order that the cost of any such test

shall be paid by the county and may be taxed as costs against

the convicted defendant.

(g-5) When an inmate is tested for an airborne communicable

disease, as determined by the Illinois Department of Public

Health including but not limited to tuberculosis, the results

of the test shall be personally delivered by the warden or his

or her designee in a sealed envelope to the judge of the court

in which the inmate must appear for the judge's inspection in

camera if requested by the judge. Acting in accordance with the

best interests of those in the courtroom, the judge shall have

the discretion to determine what if any precautions need to be

taken to prevent transmission of the disease in the courtroom.

(h) Whenever a defendant is convicted of an offense under

Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

defendant shall undergo medical testing to determine whether

the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired

immunodeficiency syndrome (AIDS). Except as otherwise provided

by law, the results of such test shall be kept strictly

confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the

judge of the court in which the conviction was entered for the

judge's inspection in camera. Acting in accordance with the

best interests of the public, the judge shall have the

discretion to determine to whom, if anyone, the results of the

testing may be revealed. The court shall notify the defendant

of a positive test showing an infection with the human

immunodeficiency virus (HIV). The court shall provide

information on the availability of HIV testing and counseling

at Department of Public Health facilities to all parties to

whom the results of the testing are revealed and shall direct

the State's Attorney to provide the information to the victim

when possible. A State's Attorney may petition the court to

obtain the results of any HIV test administered under this

Section, and the court shall grant the disclosure if the

State's Attorney shows it is relevant in order to prosecute a

charge of criminal transmission of HIV under Section 12-5.01 or

12-16.2 of the Criminal Code of 1961 or the Criminal Code of

2012 against the defendant. The court shall order that the cost

of any such test shall be paid by the county and may be taxed as

costs against the convicted defendant.

(i) All fines and penalties imposed under this Section for

any violation of Chapters 3, 4, 6, and 11 of the Illinois

Vehicle Code, or a similar provision of a local ordinance, and

any violation of the Child Passenger Protection Act, or a

similar provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(j) In cases when prosecution for any violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

Code of 2012, any violation of the Illinois Controlled

Substances Act, any violation of the Cannabis Control Act, or

any violation of the Methamphetamine Control and Community

Protection Act results in conviction, a disposition of court

supervision, or an order of probation granted under Section 10

of the Cannabis Control Act, Section 410 of the Illinois

Controlled Substances Act, or Section 70 of the Methamphetamine

Control and Community Protection Act of a defendant, the court

shall determine whether the defendant is employed by a facility

or center as defined under the Child Care Act of 1969, a public

or private elementary or secondary school, or otherwise works

with children under 18 years of age on a daily basis. When a

defendant is so employed, the court shall order the Clerk of

the Court to send a copy of the judgment of conviction or order

of supervision or probation to the defendant's employer by

certified mail. If the employer of the defendant is a school,

the Clerk of the Court shall direct the mailing of a copy of

the judgment of conviction or order of supervision or probation

to the appropriate regional superintendent of schools. The

regional superintendent of schools shall notify the State Board

of Education of any notification under this subsection.

(j-5) A defendant at least 17 years of age who is convicted

of a felony and who has not been previously convicted of a

misdemeanor or felony and who is sentenced to a term of

imprisonment in the Illinois Department of Corrections shall as

a condition of his or her sentence be required by the court to

attend educational courses designed to prepare the defendant

for a high school diploma and to work toward a high school

diploma or to work toward passing high school equivalency

testing or to work toward completing a vocational training

program offered by the Department of Corrections. If a

defendant fails to complete the educational training required

by his or her sentence during the term of incarceration, the

Prisoner Review Board shall, as a condition of mandatory

supervised release, require the defendant, at his or her own

expense, to pursue a course of study toward a high school

diploma or passage of high school equivalency testing. The

Prisoner Review Board shall revoke the mandatory supervised

release of a defendant who wilfully fails to comply with this

subsection (j-5) upon his or her release from confinement in a

penal institution while serving a mandatory supervised release

term; however, the inability of the defendant after making a

good faith effort to obtain financial aid or pay for the

educational training shall not be deemed a wilful failure to

comply. The Prisoner Review Board shall recommit the defendant

whose mandatory supervised release term has been revoked under

this subsection (j-5) as provided in Section 3-3-9. This

subsection (j-5) does not apply to a defendant who has a high

school diploma or has successfully passed high school

equivalency testing. This subsection (j-5) does not apply to a

defendant who is determined by the court to be a person with a

developmental disability developmentally disabled or otherwise

mentally incapable of completing the educational or vocational

program.

(k) (Blank).

(l) (A) Except as provided in paragraph (C) of subsection

(l), whenever a defendant, who is an alien as defined by the

Immigration and Nationality Act, is convicted of any felony or

misdemeanor offense, the court after sentencing the defendant

may, upon motion of the State's Attorney, hold sentence in

abeyance and remand the defendant to the custody of the

Attorney General of the United States or his or her designated

agent to be deported when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

Otherwise, the defendant shall be sentenced as provided in

this Chapter V.

(B) If the defendant has already been sentenced for a

felony or misdemeanor offense, or has been placed on probation

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

the Illinois Controlled Substances Act, or Section 70 of the

Methamphetamine Control and Community Protection Act, the

court may, upon motion of the State's Attorney to suspend the

sentence imposed, commit the defendant to the custody of the

Attorney General of the United States or his or her designated

agent when:

(1) a final order of deportation has been issued

against the defendant pursuant to proceedings under the

Immigration and Nationality Act, and

(2) the deportation of the defendant would not

deprecate the seriousness of the defendant's conduct and

would not be inconsistent with the ends of justice.

(C) This subsection (l) does not apply to offenders who are

subject to the provisions of paragraph (2) of subsection (a) of

Section 3-6-3.

(D) Upon motion of the State's Attorney, if a defendant

sentenced under this Section returns to the jurisdiction of the

United States, the defendant shall be recommitted to the

custody of the county from which he or she was sentenced.

Thereafter, the defendant shall be brought before the

sentencing court, which may impose any sentence that was

available under Section 5-5-3 at the time of initial

sentencing. In addition, the defendant shall not be eligible

for additional sentence credit for good conduct as provided

under Section 3-6-3.

(m) A person convicted of criminal defacement of property

under Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012, in which the property damage exceeds

$300 and the property damaged is a school building, shall be

ordered to perform community service that may include cleanup,

removal, or painting over the defacement.

(n) The court may sentence a person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 (i) to an impact

incarceration program if the person is otherwise eligible for

that program under Section 5-8-1.1, (ii) to community service,

or (iii) if the person is an addict or alcoholic, as defined in

the Alcoholism and Other Drug Abuse and Dependency Act, to a

substance or alcohol abuse program licensed under that Act.

(o) Whenever a person is convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act, the

defendant's driver's license or permit shall be subject to

renewal on an annual basis in accordance with the provisions of

license renewal established by the Secretary of State.

(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;

97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.

1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,

eff. 7-16-14.)

(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)

Sec. 5-5-3.1. Factors in Mitigation.

(a) The following grounds shall be accorded weight in favor

of withholding or minimizing a sentence of imprisonment:

(1) The defendant's criminal conduct neither caused

nor threatened serious physical harm to another.

(2) The defendant did not contemplate that his criminal

conduct would cause or threaten serious physical harm to

another.

(3) The defendant acted under a strong provocation.

(4) There were substantial grounds tending to excuse or

justify the defendant's criminal conduct, though failing

to establish a defense.

(5) The defendant's criminal conduct was induced or

facilitated by someone other than the defendant.

(6) The defendant has compensated or will compensate

the victim of his criminal conduct for the damage or injury

that he sustained.

(7) The defendant has no history of prior delinquency

or criminal activity or has led a law-abiding life for a

substantial period of time before the commission of the

present crime.

(8) The defendant's criminal conduct was the result of

circumstances unlikely to recur.

(9) The character and attitudes of the defendant

indicate that he is unlikely to commit another crime.

(10) The defendant is particularly likely to comply

with the terms of a period of probation.

(11) The imprisonment of the defendant would entail

excessive hardship to his dependents.

(12) The imprisonment of the defendant would endanger

his or her medical condition.

(13) The defendant was a person with an intellectual

disability intellectually disabled as defined in Section

5-1-13 of this Code.

(14) The defendant sought or obtained emergency

medical assistance for an overdose and was convicted of a

Class 3 felony or higher possession, manufacture, or

delivery of a controlled, counterfeit, or look-alike

substance or a controlled substance analog under the

Illinois Controlled Substances Act or a Class 2 felony or

higher possession, manufacture or delivery of

methamphetamine under the Methamphetamine Control and

Community Protection Act.

(b) If the court, having due regard for the character of

the offender, the nature and circumstances of the offense and

the public interest finds that a sentence of imprisonment is

the most appropriate disposition of the offender, or where

other provisions of this Code mandate the imprisonment of the

offender, the grounds listed in paragraph (a) of this

subsection shall be considered as factors in mitigation of the

term imposed.

(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,

eff. 8-16-13.)

(730 ILCS 5/5-5-3.2)

Sec. 5-5-3.2. Factors in Aggravation and Extended-Term

Sentencing.

(a) The following factors shall be accorded weight in favor

of imposing a term of imprisonment or may be considered by the

court as reasons to impose a more severe sentence under Section

5-8-1 or Article 4.5 of Chapter V:

(1) the defendant's conduct caused or threatened

serious harm;

(2) the defendant received compensation for committing

the offense;

(3) the defendant has a history of prior delinquency or

criminal activity;

(4) the defendant, by the duties of his office or by

his position, was obliged to prevent the particular offense

committed or to bring the offenders committing it to

justice;

(5) the defendant held public office at the time of the

offense, and the offense related to the conduct of that

office;

(6) the defendant utilized his professional reputation

or position in the community to commit the offense, or to

afford him an easier means of committing it;

(7) the sentence is necessary to deter others from

committing the same crime;

(8) the defendant committed the offense against a

person 60 years of age or older or such person's property;

(9) the defendant committed the offense against a

person who has a physical disability is physically

handicapped or such person's property;

(10) by reason of another individual's actual or

perceived race, color, creed, religion, ancestry, gender,

sexual orientation, physical or mental disability, or

national origin, the defendant committed the offense

against (i) the person or property of that individual; (ii)

the person or property of a person who has an association

with, is married to, or has a friendship with the other

individual; or (iii) the person or property of a relative

(by blood or marriage) of a person described in clause (i)

or (ii). For the purposes of this Section, "sexual

orientation" means heterosexuality, homosexuality, or

bisexuality;

(11) the offense took place in a place of worship or on

the grounds of a place of worship, immediately prior to,

during or immediately following worship services. For

purposes of this subparagraph, "place of worship" shall

mean any church, synagogue or other building, structure or

place used primarily for religious worship;

(12) the defendant was convicted of a felony committed

while he was released on bail or his own recognizance

pending trial for a prior felony and was convicted of such

prior felony, or the defendant was convicted of a felony

committed while he was serving a period of probation,

conditional discharge, or mandatory supervised release

under subsection (d) of Section 5-8-1 for a prior felony;

(13) the defendant committed or attempted to commit a

felony while he was wearing a bulletproof vest. For the

purposes of this paragraph (13), a bulletproof vest is any

device which is designed for the purpose of protecting the

wearer from bullets, shot or other lethal projectiles;

(14) the defendant held a position of trust or

supervision such as, but not limited to, family member as

defined in Section 11-0.1 of the Criminal Code of 2012,

teacher, scout leader, baby sitter, or day care worker, in

relation to a victim under 18 years of age, and the

defendant committed an offense in violation of Section

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

11-14.4 except for an offense that involves keeping a place

of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

or 12-16 of the Criminal Code of 1961 or the Criminal Code

of 2012 against that victim;

(15) the defendant committed an offense related to the

activities of an organized gang. For the purposes of this

factor, "organized gang" has the meaning ascribed to it in

Section 10 of the Streetgang Terrorism Omnibus Prevention

Act;

(16) the defendant committed an offense in violation of

one of the following Sections while in a school, regardless

of the time of day or time of year; on any conveyance

owned, leased, or contracted by a school to transport

students to or from school or a school related activity; on

the real property of a school; or on a public way within

1,000 feet of the real property comprising any school:

Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

18-2, or 33A-2, or Section 12-3.05 except for subdivision

(a)(4) or (g)(1), of the Criminal Code of 1961 or the

Criminal Code of 2012;

(16.5) the defendant committed an offense in violation

of one of the following Sections while in a day care

center, regardless of the time of day or time of year; on

the real property of a day care center, regardless of the

time of day or time of year; or on a public way within

1,000 feet of the real property comprising any day care

center, regardless of the time of day or time of year:

Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

18-2, or 33A-2, or Section 12-3.05 except for subdivision

(a)(4) or (g)(1), of the Criminal Code of 1961 or the

Criminal Code of 2012;

(17) the defendant committed the offense by reason of

any person's activity as a community policing volunteer or

to prevent any person from engaging in activity as a

community policing volunteer. For the purpose of this

Section, "community policing volunteer" has the meaning

ascribed to it in Section 2-3.5 of the Criminal Code of

2012;

(18) the defendant committed the offense in a nursing

home or on the real property comprising a nursing home. For

the purposes of this paragraph (18), "nursing home" means a

skilled nursing or intermediate long term care facility

that is subject to license by the Illinois Department of

Public Health under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, or

the ID/DD Community Care Act;

(19) the defendant was a federally licensed firearm

dealer and was previously convicted of a violation of

subsection (a) of Section 3 of the Firearm Owners

Identification Card Act and has now committed either a

felony violation of the Firearm Owners Identification Card

Act or an act of armed violence while armed with a firearm;

(20) the defendant (i) committed the offense of

reckless homicide under Section 9-3 of the Criminal Code of

1961 or the Criminal Code of 2012 or the offense of driving

under the influence of alcohol, other drug or drugs,

intoxicating compound or compounds or any combination

thereof under Section 11-501 of the Illinois Vehicle Code

or a similar provision of a local ordinance and (ii) was

operating a motor vehicle in excess of 20 miles per hour

over the posted speed limit as provided in Article VI of

Chapter 11 of the Illinois Vehicle Code;

(21) the defendant (i) committed the offense of

reckless driving or aggravated reckless driving under

Section 11-503 of the Illinois Vehicle Code and (ii) was

operating a motor vehicle in excess of 20 miles per hour

over the posted speed limit as provided in Article VI of

Chapter 11 of the Illinois Vehicle Code;

(22) the defendant committed the offense against a

person that the defendant knew, or reasonably should have

known, was a member of the Armed Forces of the United

States serving on active duty. For purposes of this clause

(22), the term "Armed Forces" means any of the Armed Forces

of the United States, including a member of any reserve

component thereof or National Guard unit called to active

duty;

(23) the defendant committed the offense against a

person who was elderly, disabled, or infirm or who was a

person with a disability by taking advantage of a family or

fiduciary relationship with the elderly, disabled, or

infirm person or person with a disability;

(24) the defendant committed any offense under Section

11-20.1 of the Criminal Code of 1961 or the Criminal Code

of 2012 and possessed 100 or more images;

(25) the defendant committed the offense while the

defendant or the victim was in a train, bus, or other

vehicle used for public transportation;

(26) the defendant committed the offense of child

pornography or aggravated child pornography, specifically

including paragraph (1), (2), (3), (4), (5), or (7) of

subsection (a) of Section 11-20.1 of the Criminal Code of

1961 or the Criminal Code of 2012 where a child engaged in,

solicited for, depicted in, or posed in any act of sexual

penetration or bound, fettered, or subject to sadistic,

masochistic, or sadomasochistic abuse in a sexual context

and specifically including paragraph (1), (2), (3), (4),

(5), or (7) of subsection (a) of Section 11-20.1B or

Section 11-20.3 of the Criminal Code of 1961 where a child

engaged in, solicited for, depicted in, or posed in any act

of sexual penetration or bound, fettered, or subject to

sadistic, masochistic, or sadomasochistic abuse in a

sexual context;

(27) the defendant committed the offense of first

degree murder, assault, aggravated assault, battery,

aggravated battery, robbery, armed robbery, or aggravated

robbery against a person who was a veteran and the

defendant knew, or reasonably should have known, that the

person was a veteran performing duties as a representative

of a veterans' organization. For the purposes of this

paragraph (27), "veteran" means an Illinois resident who

has served as a member of the United States Armed Forces, a

member of the Illinois National Guard, or a member of the

United States Reserve Forces; and "veterans' organization"

means an organization comprised of members of which

substantially all are individuals who are veterans or

spouses, widows, or widowers of veterans, the primary

purpose of which is to promote the welfare of its members

and to provide assistance to the general public in such a

way as to confer a public benefit; or

(28) the defendant committed the offense of assault,

aggravated assault, battery, aggravated battery, robbery,

armed robbery, or aggravated robbery against a person that

the defendant knew or reasonably should have known was a

letter carrier or postal worker while that person was

performing his or her duties delivering mail for the United

States Postal Service.

For the purposes of this Section:

"School" is defined as a public or private elementary or

secondary school, community college, college, or university.

"Day care center" means a public or private State certified

and licensed day care center as defined in Section 2.09 of the

Child Care Act of 1969 that displays a sign in plain view

stating that the property is a day care center.

"Public transportation" means the transportation or

conveyance of persons by means available to the general public,

and includes paratransit services.

(b) The following factors, related to all felonies, may be

considered by the court as reasons to impose an extended term

sentence under Section 5-8-2 upon any offender:

(1) When a defendant is convicted of any felony, after

having been previously convicted in Illinois or any other

jurisdiction of the same or similar class felony or greater

class felony, when such conviction has occurred within 10

years after the previous conviction, excluding time spent

in custody, and such charges are separately brought and

tried and arise out of different series of acts; or

(2) When a defendant is convicted of any felony and the

court finds that the offense was accompanied by

exceptionally brutal or heinous behavior indicative of

wanton cruelty; or

(3) When a defendant is convicted of any felony

committed against:

(i) a person under 12 years of age at the time of

the offense or such person's property;

(ii) a person 60 years of age or older at the time

of the offense or such person's property; or

(iii) a person who had a physical disability

physically handicapped at the time of the offense or

such person's property; or

(4) When a defendant is convicted of any felony and the

offense involved any of the following types of specific

misconduct committed as part of a ceremony, rite,

initiation, observance, performance, practice or activity

of any actual or ostensible religious, fraternal, or social

group:

(i) the brutalizing or torturing of humans or

animals;

(ii) the theft of human corpses;

(iii) the kidnapping of humans;

(iv) the desecration of any cemetery, religious,

fraternal, business, governmental, educational, or

other building or property; or

(v) ritualized abuse of a child; or

(5) When a defendant is convicted of a felony other

than conspiracy and the court finds that the felony was

committed under an agreement with 2 or more other persons

to commit that offense and the defendant, with respect to

the other individuals, occupied a position of organizer,

supervisor, financier, or any other position of management

or leadership, and the court further finds that the felony

committed was related to or in furtherance of the criminal

activities of an organized gang or was motivated by the

defendant's leadership in an organized gang; or

(6) When a defendant is convicted of an offense

committed while using a firearm with a laser sight attached

to it. For purposes of this paragraph, "laser sight" has

the meaning ascribed to it in Section 26-7 of the Criminal

Code of 2012; or

(7) When a defendant who was at least 17 years of age

at the time of the commission of the offense is convicted

of a felony and has been previously adjudicated a

delinquent minor under the Juvenile Court Act of 1987 for

an act that if committed by an adult would be a Class X or

Class 1 felony when the conviction has occurred within 10

years after the previous adjudication, excluding time

spent in custody; or

(8) When a defendant commits any felony and the

defendant used, possessed, exercised control over, or

otherwise directed an animal to assault a law enforcement

officer engaged in the execution of his or her official

duties or in furtherance of the criminal activities of an

organized gang in which the defendant is engaged; or

(9) When a defendant commits any felony and the

defendant knowingly video or audio records the offense with

the intent to disseminate the recording.

(c) The following factors may be considered by the court as

reasons to impose an extended term sentence under Section 5-8-2

(730 ILCS 5/5-8-2) upon any offender for the listed offenses:

(1) When a defendant is convicted of first degree

murder, after having been previously convicted in Illinois

of any offense listed under paragraph (c)(2) of Section

5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred

within 10 years after the previous conviction, excluding

time spent in custody, and the charges are separately

brought and tried and arise out of different series of

acts.

(1.5) When a defendant is convicted of first degree

murder, after having been previously convicted of domestic

battery (720 ILCS 5/12-3.2) or aggravated domestic battery

(720 ILCS 5/12-3.3) committed on the same victim or after

having been previously convicted of violation of an order

of protection (720 ILCS 5/12-30) in which the same victim

was the protected person.

(2) When a defendant is convicted of voluntary

manslaughter, second degree murder, involuntary

manslaughter, or reckless homicide in which the defendant

has been convicted of causing the death of more than one

individual.

(3) When a defendant is convicted of aggravated

criminal sexual assault or criminal sexual assault, when

there is a finding that aggravated criminal sexual assault

or criminal sexual assault was also committed on the same

victim by one or more other individuals, and the defendant

voluntarily participated in the crime with the knowledge of

the participation of the others in the crime, and the

commission of the crime was part of a single course of

conduct during which there was no substantial change in the

nature of the criminal objective.

(4) If the victim was under 18 years of age at the time

of the commission of the offense, when a defendant is

convicted of aggravated criminal sexual assault or

predatory criminal sexual assault of a child under

subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

of Section 12-14.1 of the Criminal Code of 1961 or the

Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

(5) When a defendant is convicted of a felony violation

of Section 24-1 of the Criminal Code of 1961 or the

Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

finding that the defendant is a member of an organized

gang.

(6) When a defendant was convicted of unlawful use of

weapons under Section 24-1 of the Criminal Code of 1961 or

the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

a weapon that is not readily distinguishable as one of the

weapons enumerated in Section 24-1 of the Criminal Code of

1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

(7) When a defendant is convicted of an offense

involving the illegal manufacture of a controlled

substance under Section 401 of the Illinois Controlled

Substances Act (720 ILCS 570/401), the illegal manufacture

of methamphetamine under Section 25 of the Methamphetamine

Control and Community Protection Act (720 ILCS 646/25), or

the illegal possession of explosives and an emergency

response officer in the performance of his or her duties is

killed or injured at the scene of the offense while

responding to the emergency caused by the commission of the

offense. In this paragraph, "emergency" means a situation

in which a person's life, health, or safety is in jeopardy;

and "emergency response officer" means a peace officer,

community policing volunteer, fireman, emergency medical

technician-ambulance, emergency medical

technician-intermediate, emergency medical

technician-paramedic, ambulance driver, other medical

assistance or first aid personnel, or hospital emergency

room personnel.

(8) When the defendant is convicted of attempted mob

action, solicitation to commit mob action, or conspiracy to

commit mob action under Section 8-1, 8-2, or 8-4 of the

Criminal Code of 2012, where the criminal object is a

violation of Section 25-1 of the Criminal Code of 2012, and

an electronic communication is used in the commission of

the offense. For the purposes of this paragraph (8),

"electronic communication" shall have the meaning provided

in Section 26.5-0.1 of the Criminal Code of 2012.

(d) For the purposes of this Section, "organized gang" has

the meaning ascribed to it in Section 10 of the Illinois

Streetgang Terrorism Omnibus Prevention Act.

(e) The court may impose an extended term sentence under

Article 4.5 of Chapter V upon an offender who has been

convicted of a felony violation of Section 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

when the victim of the offense is under 18 years of age at the

time of the commission of the offense and, during the

commission of the offense, the victim was under the influence

of alcohol, regardless of whether or not the alcohol was

supplied by the offender; and the offender, at the time of the

commission of the offense, knew or should have known that the

victim had consumed alcohol.

(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,

eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;

97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.

1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.

7-16-14.)

(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

Sec. 5-6-3. Conditions of Probation and of Conditional

Discharge.

(a) The conditions of probation and of conditional

discharge shall be that the person:

(1) not violate any criminal statute of any

jurisdiction;

(2) report to or appear in person before such person or

agency as directed by the court;

(3) refrain from possessing a firearm or other

dangerous weapon where the offense is a felony or, if a

misdemeanor, the offense involved the intentional or

knowing infliction of bodily harm or threat of bodily harm;

(4) not leave the State without the consent of the

court or, in circumstances in which the reason for the

absence is of such an emergency nature that prior consent

by the court is not possible, without the prior

notification and approval of the person's probation

officer. Transfer of a person's probation or conditional

discharge supervision to another state is subject to

acceptance by the other state pursuant to the Interstate

Compact for Adult Offender Supervision;

(5) permit the probation officer to visit him at his

home or elsewhere to the extent necessary to discharge his

duties;

(6) perform no less than 30 hours of community service

and not more than 120 hours of community service, if

community service is available in the jurisdiction and is

funded and approved by the county board where the offense

was committed, where the offense was related to or in

furtherance of the criminal activities of an organized gang

and was motivated by the offender's membership in or

allegiance to an organized gang. The community service

shall include, but not be limited to, the cleanup and

repair of any damage caused by a violation of Section

21-1.3 of the Criminal Code of 1961 or the Criminal Code of

2012 and similar damage to property located within the

municipality or county in which the violation occurred.

When possible and reasonable, the community service should

be performed in the offender's neighborhood. For purposes

of this Section, "organized gang" has the meaning ascribed

to it in Section 10 of the Illinois Streetgang Terrorism

Omnibus Prevention Act;

(7) if he or she is at least 17 years of age and has

been sentenced to probation or conditional discharge for a

misdemeanor or felony in a county of 3,000,000 or more

inhabitants and has not been previously convicted of a

misdemeanor or felony, may be required by the sentencing

court to attend educational courses designed to prepare the

defendant for a high school diploma and to work toward a

high school diploma or to work toward passing high school

equivalency testing or to work toward completing a

vocational training program approved by the court. The

person on probation or conditional discharge must attend a

public institution of education to obtain the educational

or vocational training required by this clause (7). The

court shall revoke the probation or conditional discharge

of a person who wilfully fails to comply with this clause

(7). The person on probation or conditional discharge shall

be required to pay for the cost of the educational courses

or high school equivalency testing if a fee is charged for

those courses or testing. The court shall resentence the

offender whose probation or conditional discharge has been

revoked as provided in Section 5-6-4. This clause (7) does

not apply to a person who has a high school diploma or has

successfully passed high school equivalency testing. This

clause (7) does not apply to a person who is determined by

the court to be a person with a developmental disability

developmentally disabled or otherwise mentally incapable

of completing the educational or vocational program;

(8) if convicted of possession of a substance

prohibited by the Cannabis Control Act, the Illinois

Controlled Substances Act, or the Methamphetamine Control

and Community Protection Act after a previous conviction or

disposition of supervision for possession of a substance

prohibited by the Cannabis Control Act or Illinois

Controlled Substances Act or after a sentence of probation

under Section 10 of the Cannabis Control Act, Section 410

of the Illinois Controlled Substances Act, or Section 70 of

the Methamphetamine Control and Community Protection Act

and upon a finding by the court that the person is

addicted, undergo treatment at a substance abuse program

approved by the court;

(8.5) if convicted of a felony sex offense as defined

in the Sex Offender Management Board Act, the person shall

undergo and successfully complete sex offender treatment

by a treatment provider approved by the Board and conducted

in conformance with the standards developed under the Sex

Offender Management Board Act;

(8.6) if convicted of a sex offense as defined in the

Sex Offender Management Board Act, refrain from residing at

the same address or in the same condominium unit or

apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has

been placed on supervision for a sex offense; the

provisions of this paragraph do not apply to a person

convicted of a sex offense who is placed in a Department of

Corrections licensed transitional housing facility for sex

offenders;

(8.7) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464) that

would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the Internet,

a person who is not related to the accused and whom the

accused reasonably believes to be under 18 years of age;

for purposes of this paragraph (8.7), "Internet" has the

meaning ascribed to it in Section 16-0.1 of the Criminal

Code of 2012; and a person is not related to the accused if

the person is not: (i) the spouse, brother, or sister of

the accused; (ii) a descendant of the accused; (iii) a

first or second cousin of the accused; or (iv) a step-child

or adopted child of the accused;

(8.8) if convicted for an offense under Section 11-6,

11-9.1, 11-14.4 that involves soliciting for a juvenile

prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

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

or any attempt to commit any of these offenses, committed

on or after June 1, 2009 (the effective date of Public Act

95-983):

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer;

(8.9) if convicted of a sex offense as defined in the

Sex Offender Registration Act committed on or after January

1, 2010 (the effective date of Public Act 96-262), refrain

from accessing or using a social networking website as

defined in Section 17-0.5 of the Criminal Code of 2012;

(9) if convicted of a felony or of any misdemeanor

violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

12-3.5 of the Criminal Code of 1961 or the Criminal Code of

2012 that was determined, pursuant to Section 112A-11.1 of

the Code of Criminal Procedure of 1963, to trigger the

prohibitions of 18 U.S.C. 922(g)(9), physically surrender

at a time and place designated by the court, his or her

Firearm Owner's Identification Card and any and all

firearms in his or her possession. The Court shall return

to the Department of State Police Firearm Owner's

Identification Card Office the person's Firearm Owner's

Identification Card;

(10) if convicted of a sex offense as defined in

subsection (a-5) of Section 3-1-2 of this Code, unless the

offender is a parent or guardian of the person under 18

years of age present in the home and no non-familial minors

are present, not participate in a holiday event involving

children under 18 years of age, such as distributing candy

or other items to children on Halloween, wearing a Santa

Claus costume on or preceding Christmas, being employed as

a department store Santa Claus, or wearing an Easter Bunny

costume on or preceding Easter;

(11) if convicted of a sex offense as defined in

Section 2 of the Sex Offender Registration Act committed on

or after January 1, 2010 (the effective date of Public Act

96-362) that requires the person to register as a sex

offender under that Act, may not knowingly use any computer

scrub software on any computer that the sex offender uses;

and

(12) if convicted of a violation of the Methamphetamine

Control and Community Protection Act, the Methamphetamine

Precursor Control Act, or a methamphetamine related

offense:

(A) prohibited from purchasing, possessing, or

having under his or her control any product containing

pseudoephedrine unless prescribed by a physician; and

(B) prohibited from purchasing, possessing, or

having under his or her control any product containing

ammonium nitrate.

(b) The Court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the Court require that

the person:

(1) serve a term of periodic imprisonment under Article

7 for a period not to exceed that specified in paragraph

(d) of Section 5-7-1;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home;

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is convicted of a crime of

violence as defined in Section 2 of the Crime Victims

Compensation Act committed in a school, on the real

property comprising a school, or within 1,000 feet of

the real property comprising a school;

(8) make restitution as provided in Section 5-5-6 of

this Code;

(9) perform some reasonable public or community

service;

(10) serve a term of home confinement. In addition to

any other applicable condition of probation or conditional

discharge, the conditions of home confinement shall be that

the offender:

(i) remain within the interior premises of the

place designated for his confinement during the hours

designated by the court;

(ii) admit any person or agent designated by the

court into the offender's place of confinement at any

time for purposes of verifying the offender's

compliance with the conditions of his confinement; and

(iii) if further deemed necessary by the court or

the Probation or Court Services Department, be placed

on an approved electronic monitoring device, subject

to Article 8A of Chapter V;

(iv) for persons convicted of any alcohol,

cannabis or controlled substance violation who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the offender to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court. The clerk of the circuit court shall pay

all monies collected from this fee to the county

treasurer for deposit in the substance abuse services

fund under Section 5-1086.1 of the Counties Code; and

(v) for persons convicted of offenses other than

those referenced in clause (iv) above and who are

placed on an approved monitoring device as a condition

of probation or conditional discharge, the court shall

impose a reasonable fee for each day of the use of the

device, as established by the county board in

subsection (g) of this Section, unless after

determining the inability of the defendant to pay the

fee, the court assesses a lesser fee or no fee as the

case may be. This fee shall be imposed in addition to

the fees imposed under subsections (g) and (i) of this

Section. The fee shall be collected by the clerk of the

circuit court. The clerk of the circuit court shall pay

all monies collected from this fee to the county

treasurer who shall use the monies collected to defray

the costs of corrections. The county treasurer shall

deposit the fee collected in the probation and court

services fund.

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986, as now or hereafter amended,

or an order of protection issued by the court of another

state, tribe, or United States territory. A copy of the

order of protection shall be transmitted to the probation

officer or agency having responsibility for the case;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council Act

for any reasonable expenses incurred by the program on the

offender's case, not to exceed the maximum amount of the

fine authorized for the offense for which the defendant was

sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses under

the jurisdiction of the Department of Natural Resources, to

the fund established by the Department of Natural Resources

for the purchase of evidence for investigation purposes and

to conduct investigations as outlined in Section 805-105 of

the Department of Natural Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer, if the defendant has been placed on

probation or advance approval by the court, if the

defendant was placed on conditional discharge;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of persons, including but not limited to members of

street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(17) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464) that

would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the Internet,

a person who is related to the accused and whom the accused

reasonably believes to be under 18 years of age; for

purposes of this paragraph (17), "Internet" has the meaning

ascribed to it in Section 16-0.1 of the Criminal Code of

2012; and a person is related to the accused if the person

is: (i) the spouse, brother, or sister of the accused; (ii)

a descendant of the accused; (iii) a first or second cousin

of the accused; or (iv) a step-child or adopted child of

the accused;

(18) if convicted for an offense committed on or after

June 1, 2009 (the effective date of Public Act 95-983) that

would qualify as a sex offense as defined in the Sex

Offender Registration Act:

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the offender's probation officer,

except in connection with the offender's employment or

search for employment with the prior approval of the

offender's probation officer;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's probation

officer, a law enforcement officer, or assigned

computer or information technology specialist,

including the retrieval and copying of all data from

the computer or device and any internal or external

peripherals and removal of such information,

equipment, or device to conduct a more thorough

inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

subject's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a

computer or any other device with Internet capability

imposed by the offender's probation officer; and

(19) refrain from possessing a firearm or other

dangerous weapon where the offense is a misdemeanor that

did not involve the intentional or knowing infliction of

bodily harm or threat of bodily harm.

(c) The court may as a condition of probation or of

conditional discharge require that a person under 18 years of

age found guilty of any alcohol, cannabis or controlled

substance violation, refrain from acquiring a driver's license

during the period of probation or conditional discharge. If

such person is in possession of a permit or license, the court

may require that the minor refrain from driving or operating

any motor vehicle during the period of probation or conditional

discharge, except as may be necessary in the course of the

minor's lawful employment.

(d) An offender sentenced to probation or to conditional

discharge shall be given a certificate setting forth the

conditions thereof.

(e) Except where the offender has committed a fourth or

subsequent violation of subsection (c) of Section 6-303 of the

Illinois Vehicle Code, the court shall not require as a

condition of the sentence of probation or conditional discharge

that the offender be committed to a period of imprisonment in

excess of 6 months. This 6 month limit shall not include

periods of confinement given pursuant to a sentence of county

impact incarceration under Section 5-8-1.2.

Persons committed to imprisonment as a condition of

probation or conditional discharge shall not be committed to

the Department of Corrections.

(f) The court may combine a sentence of periodic

imprisonment under Article 7 or a sentence to a county impact

incarceration program under Article 8 with a sentence of

probation or conditional discharge.

(g) An offender sentenced to probation or to conditional

discharge and who during the term of either undergoes mandatory

drug or alcohol testing, or both, or is assigned to be placed

on an approved electronic monitoring device, shall be ordered

to pay all costs incidental to such mandatory drug or alcohol

testing, or both, and all costs incidental to such approved

electronic monitoring in accordance with the defendant's

ability to pay those costs. The county board with the

concurrence of the Chief Judge of the judicial circuit in which

the county is located shall establish reasonable fees for the

cost of maintenance, testing, and incidental expenses related

to the mandatory drug or alcohol testing, or both, and all

costs incidental to approved electronic monitoring, involved

in a successful probation program for the county. The

concurrence of the Chief Judge shall be in the form of an

administrative order. The fees shall be collected by the clerk

of the circuit court. The clerk of the circuit court shall pay

all moneys collected from these fees to the county treasurer

who shall use the moneys collected to defray the costs of drug

testing, alcohol testing, and electronic monitoring. The

county treasurer shall deposit the fees collected in the county

working cash fund under Section 6-27001 or Section 6-29002 of

the Counties Code, as the case may be.

(h) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers of

jurisdiction are also authorized in the same manner. The court

to which jurisdiction has been transferred shall have the same

powers as the sentencing court. The probation department within

the circuit to which jurisdiction has been transferred, or

which has agreed to provide supervision, may impose probation

fees upon receiving the transferred offender, as provided in

subsection (i). For all transfer cases, as defined in Section

9b of the Probation and Probation Officers Act, the probation

department from the original sentencing court shall retain all

probation fees collected prior to the transfer. After the

transfer all probation fees shall be paid to the probation

department within the circuit to which jurisdiction has been

transferred.

(i) The court shall impose upon an offender sentenced to

probation after January 1, 1989 or to conditional discharge

after January 1, 1992 or to community service under the

supervision of a probation or court services department after

January 1, 2004, as a condition of such probation or

conditional discharge or supervised community service, a fee of

$50 for each month of probation or conditional discharge

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

sentenced to probation or conditional discharge or supervised

community service to pay the fee, the court assesses a lesser

fee. The court may not impose the fee on a minor who is made a

ward of the State under the Juvenile Court Act of 1987 while

the minor is in placement. The fee shall be imposed only upon

an offender who is actively supervised by the probation and

court services department. The fee shall be collected by the

clerk of the circuit court. The clerk of the circuit court

shall pay all monies collected from this fee to the county

treasurer for deposit in the probation and court services fund

under Section 15.1 of the Probation and Probation Officers Act.

A circuit court may not impose a probation fee under this

subsection (i) in excess of $25 per month unless the circuit

court has adopted, by administrative order issued by the chief

judge, a standard probation fee guide determining an offender's

ability to pay Of the amount collected as a probation fee, up

to $5 of that fee collected per month may be used to provide

services to crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate compact,

shall be required to pay probation fees to the department

supervising the offender, based on the offender's ability to

pay.

This amendatory Act of the 93rd General Assembly deletes

the $10 increase in the fee under this subsection that was

imposed by Public Act 93-616. This deletion is intended to

control over any other Act of the 93rd General Assembly that

retains or incorporates that fee increase.

(i-5) In addition to the fees imposed under subsection (i)

of this Section, in the case of an offender convicted of a

felony sex offense (as defined in the Sex Offender Management

Board Act) or an offense that the court or probation department

has determined to be sexually motivated (as defined in the Sex

Offender Management Board Act), the court or the probation

department shall assess additional fees to pay for all costs of

treatment, assessment, evaluation for risk and treatment, and

monitoring the offender, based on that offender's ability to

pay those costs either as they occur or under a payment plan.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(k) Any offender who is sentenced to probation or

conditional discharge for a felony sex offense as defined in

the Sex Offender Management Board Act or any offense that the

court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(l) The court may order an offender who is sentenced to

probation or conditional discharge for a violation of an order

of protection be placed under electronic surveillance as

provided in Section 5-8A-7 of this Code.

(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,

eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;

97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff.

1-1-15.)

(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)

Sec. 5-6-3.1. Incidents and Conditions of Supervision.

(a) When a defendant is placed on supervision, the court

shall enter an order for supervision specifying the period of

such supervision, and shall defer further proceedings in the

case until the conclusion of the period.

(b) The period of supervision shall be reasonable under all

of the circumstances of the case, but may not be longer than 2

years, unless the defendant has failed to pay the assessment

required by Section 10.3 of the Cannabis Control Act, Section

411.2 of the Illinois Controlled Substances Act, or Section 80

of the Methamphetamine Control and Community Protection Act, in

which case the court may extend supervision beyond 2 years.

Additionally, the court shall order the defendant to perform no

less than 30 hours of community service and not more than 120

hours of community service, if community service is available

in the jurisdiction and is funded and approved by the county

board where the offense was committed, when the offense (1) was

related to or in furtherance of the criminal activities of an

organized gang or was motivated by the defendant's membership

in or allegiance to an organized gang; or (2) is a violation of

any Section of Article 24 of the Criminal Code of 1961 or the

Criminal Code of 2012 where a disposition of supervision is not

prohibited by Section 5-6-1 of this Code. The community service

shall include, but not be limited to, the cleanup and repair of

any damage caused by violation of Section 21-1.3 of the

Criminal Code of 1961 or the Criminal Code of 2012 and similar

damages to property located within the municipality or county

in which the violation occurred. Where possible and reasonable,

the community service should be performed in the offender's

neighborhood.

For the purposes of this Section, "organized gang" has the

meaning ascribed to it in Section 10 of the Illinois Streetgang

Terrorism Omnibus Prevention Act.

(c) The court may in addition to other reasonable

conditions relating to the nature of the offense or the

rehabilitation of the defendant as determined for each

defendant in the proper discretion of the court require that

the person:

(1) make a report to and appear in person before or

participate with the court or such courts, person, or

social service agency as directed by the court in the order

of supervision;

(2) pay a fine and costs;

(3) work or pursue a course of study or vocational

training;

(4) undergo medical, psychological or psychiatric

treatment; or treatment for drug addiction or alcoholism;

(5) attend or reside in a facility established for the

instruction or residence of defendants on probation;

(6) support his dependents;

(7) refrain from possessing a firearm or other

dangerous weapon;

(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

(iv) contribute to his own support at home or in a

foster home; or

(v) with the consent of the superintendent of the

facility, attend an educational program at a facility

other than the school in which the offense was

committed if he or she is placed on supervision for a

crime of violence as defined in Section 2 of the Crime

Victims Compensation Act committed in a school, on the

real property comprising a school, or within 1,000 feet

of the real property comprising a school;

(9) make restitution or reparation in an amount not to

exceed actual loss or damage to property and pecuniary loss

or make restitution under Section 5-5-6 to a domestic

violence shelter. The court shall determine the amount and

conditions of payment;

(10) perform some reasonable public or community

service;

(11) comply with the terms and conditions of an order

of protection issued by the court pursuant to the Illinois

Domestic Violence Act of 1986 or an order of protection

issued by the court of another state, tribe, or United

States territory. If the court has ordered the defendant to

make a report and appear in person under paragraph (1) of

this subsection, a copy of the order of protection shall be

transmitted to the person or agency so designated by the

court;

(12) reimburse any "local anti-crime program" as

defined in Section 7 of the Anti-Crime Advisory Council Act

for any reasonable expenses incurred by the program on the

offender's case, not to exceed the maximum amount of the

fine authorized for the offense for which the defendant was

sentenced;

(13) contribute a reasonable sum of money, not to

exceed the maximum amount of the fine authorized for the

offense for which the defendant was sentenced, (i) to a

"local anti-crime program", as defined in Section 7 of the

Anti-Crime Advisory Council Act, or (ii) for offenses under

the jurisdiction of the Department of Natural Resources, to

the fund established by the Department of Natural Resources

for the purchase of evidence for investigation purposes and

to conduct investigations as outlined in Section 805-105 of

the Department of Natural Resources (Conservation) Law;

(14) refrain from entering into a designated

geographic area except upon such terms as the court finds

appropriate. Such terms may include consideration of the

purpose of the entry, the time of day, other persons

accompanying the defendant, and advance approval by a

probation officer;

(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular

types of person, including but not limited to members of

street gangs and drug users or dealers;

(16) refrain from having in his or her body the

presence of any illicit drug prohibited by the Cannabis

Control Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act,

unless prescribed by a physician, and submit samples of his

or her blood or urine or both for tests to determine the

presence of any illicit drug;

(17) refrain from operating any motor vehicle not

equipped with an ignition interlock device as defined in

Section 1-129.1 of the Illinois Vehicle Code; under this

condition the court may allow a defendant who is not

self-employed to operate a vehicle owned by the defendant's

employer that is not equipped with an ignition interlock

device in the course and scope of the defendant's

employment; and

(18) if placed on supervision for a sex offense as

defined in subsection (a-5) of Section 3-1-2 of this Code,

unless the offender is a parent or guardian of the person

under 18 years of age present in the home and no

non-familial minors are present, not participate in a

holiday event involving children under 18 years of age,

such as distributing candy or other items to children on

Halloween, wearing a Santa Claus costume on or preceding

Christmas, being employed as a department store Santa

Claus, or wearing an Easter Bunny costume on or preceding

Easter.

(c-5) If payment of restitution as ordered has not been

made, the victim shall file a petition notifying the sentencing

court, any other person to whom restitution is owed, and the

State's Attorney of the status of the ordered restitution

payments unpaid at least 90 days before the supervision

expiration date. If payment as ordered has not been made, the

court shall hold a review hearing prior to the expiration date,

unless the hearing is voluntarily waived by the defendant with

the knowledge that waiver may result in an extension of the

supervision period or in a revocation of supervision. If the

court does not extend supervision, it shall issue a judgment

for the unpaid restitution and direct the clerk of the circuit

court to file and enter the judgment in the judgment and lien

docket, without fee, unless it finds that the victim has

recovered a judgment against the defendant for the amount

covered by the restitution order. If the court issues a

judgment for the unpaid restitution, the court shall send to

the defendant at his or her last known address written

notification that a civil judgment has been issued for the

unpaid restitution.

(d) The court shall defer entering any judgment on the

charges until the conclusion of the supervision.

(e) At the conclusion of the period of supervision, if the

court determines that the defendant has successfully complied

with all of the conditions of supervision, the court shall

discharge the defendant and enter a judgment dismissing the

charges.

(f) Discharge and dismissal upon a successful conclusion of

a disposition of supervision shall be deemed without

adjudication of guilt and shall not be termed a conviction for

purposes of disqualification or disabilities imposed by law

upon conviction of a crime. Two years after the discharge and

dismissal under this Section, unless the disposition of

supervision was for a violation of Sections 3-707, 3-708,

3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, or for a violation of

Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961

or the Criminal Code of 2012, in which case it shall be 5 years

after discharge and dismissal, a person may have his record of

arrest sealed or expunged as may be provided by law. However,

any defendant placed on supervision before January 1, 1980, may

move for sealing or expungement of his arrest record, as

provided by law, at any time after discharge and dismissal

under this Section. A person placed on supervision for a sexual

offense committed against a minor as defined in clause

(a)(1)(L) of Section 5.2 of the Criminal Identification Act or

for a violation of Section 11-501 of the Illinois Vehicle Code

or a similar provision of a local ordinance shall not have his

or her record of arrest sealed or expunged.

(g) A defendant placed on supervision and who during the

period of supervision undergoes mandatory drug or alcohol

testing, or both, or is assigned to be placed on an approved

electronic monitoring device, shall be ordered to pay the costs

incidental to such mandatory drug or alcohol testing, or both,

and costs incidental to such approved electronic monitoring in

accordance with the defendant's ability to pay those costs. The

county board with the concurrence of the Chief Judge of the

judicial circuit in which the county is located shall establish

reasonable fees for the cost of maintenance, testing, and

incidental expenses related to the mandatory drug or alcohol

testing, or both, and all costs incidental to approved

electronic monitoring, of all defendants placed on

supervision. The concurrence of the Chief Judge shall be in the

form of an administrative order. The fees shall be collected by

the clerk of the circuit court. The clerk of the circuit court

shall pay all moneys collected from these fees to the county

treasurer who shall use the moneys collected to defray the

costs of drug testing, alcohol testing, and electronic

monitoring. The county treasurer shall deposit the fees

collected in the county working cash fund under Section 6-27001

or Section 6-29002 of the Counties Code, as the case may be.

(h) A disposition of supervision is a final order for the

purposes of appeal.

(i) The court shall impose upon a defendant placed on

supervision after January 1, 1992 or to community service under

the supervision of a probation or court services department

after January 1, 2004, as a condition of supervision or

supervised community service, a fee of $50 for each month of

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

placed on supervision or supervised community service to pay

the fee, the court assesses a lesser fee. The court may not

impose the fee on a minor who is made a ward of the State under

the Juvenile Court Act of 1987 while the minor is in placement.

The fee shall be imposed only upon a defendant who is actively

supervised by the probation and court services department. The

fee shall be collected by the clerk of the circuit court. The

clerk of the circuit court shall pay all monies collected from

this fee to the county treasurer for deposit in the probation

and court services fund pursuant to Section 15.1 of the

Probation and Probation Officers Act.

A circuit court may not impose a probation fee in excess of

$25 per month unless the circuit court has adopted, by

administrative order issued by the chief judge, a standard

probation fee guide determining an offender's ability to pay.

Of the amount collected as a probation fee, not to exceed $5 of

that fee collected per month may be used to provide services to

crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate compact,

shall be required to pay probation fees to the department

supervising the offender, based on the offender's ability to

pay.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(k) A defendant at least 17 years of age who is placed on

supervision for a misdemeanor in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or felony may as a condition of his or her

supervision be required by the court to attend educational

courses designed to prepare the defendant for a high school

diploma and to work toward a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program approved by the

court. The defendant placed on supervision must attend a public

institution of education to obtain the educational or

vocational training required by this subsection (k). The

defendant placed on supervision shall be required to pay for

the cost of the educational courses or high school equivalency

testing if a fee is charged for those courses or testing. The

court shall revoke the supervision of a person who wilfully

fails to comply with this subsection (k). The court shall

resentence the defendant upon revocation of supervision as

provided in Section 5-6-4. This subsection (k) does not apply

to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (k) does not apply to a defendant who is determined

by the court to be a person with a developmental disability

developmentally disabled or otherwise mentally incapable of

completing the educational or vocational program.

(l) The court shall require a defendant placed on

supervision for possession of a substance prohibited by the

Cannabis Control Act, the Illinois Controlled Substances Act,

or the Methamphetamine Control and Community Protection Act

after a previous conviction or disposition of supervision for

possession of a substance prohibited by the Cannabis Control

Act, the Illinois Controlled Substances Act, or the

Methamphetamine Control and Community Protection Act or a

sentence of probation under Section 10 of the Cannabis Control

Act or Section 410 of the Illinois Controlled Substances Act

and after a finding by the court that the person is addicted,

to undergo treatment at a substance abuse program approved by

the court.

(m) The Secretary of State shall require anyone placed on

court supervision for a violation of Section 3-707 of the

Illinois Vehicle Code or a similar provision of a local

ordinance to give proof of his or her financial responsibility

as defined in Section 7-315 of the Illinois Vehicle Code. The

proof shall be maintained by the individual in a manner

satisfactory to the Secretary of State for a minimum period of

3 years after the date the proof is first filed. The proof

shall be limited to a single action per arrest and may not be

affected by any post-sentence disposition. The Secretary of

State shall suspend the driver's license of any person

determined by the Secretary to be in violation of this

subsection.

(n) Any offender placed on supervision for any offense that

the court or probation department has determined to be sexually

motivated as defined in the Sex Offender Management Board Act

shall be required to refrain from any contact, directly or

indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs

required by the court or the probation department.

(o) An offender placed on supervision for a sex offense as

defined in the Sex Offender Management Board Act shall refrain

from residing at the same address or in the same condominium

unit or apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has been

placed on supervision for a sex offense. The provisions of this

subsection (o) do not apply to a person convicted of a sex

offense who is placed in a Department of Corrections licensed

transitional housing facility for sex offenders.

(p) An offender placed on supervision for an offense

committed on or after June 1, 2008 (the effective date of

Public Act 95-464) that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012 shall

refrain from communicating with or contacting, by means of the

Internet, a person who is not related to the accused and whom

the accused reasonably believes to be under 18 years of age.

For purposes of this subsection (p), "Internet" has the meaning

ascribed to it in Section 16-0.1 of the Criminal Code of 2012;

and a person is not related to the accused if the person is

not: (i) the spouse, brother, or sister of the accused; (ii) a

descendant of the accused; (iii) a first or second cousin of

the accused; or (iv) a step-child or adopted child of the

accused.

(q) An offender placed on supervision for an offense

committed on or after June 1, 2008 (the effective date of

Public Act 95-464) that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

Criminal Code of 1961 or the Criminal Code of 2012 shall, if so

ordered by the court, refrain from communicating with or

contacting, by means of the Internet, a person who is related

to the accused and whom the accused reasonably believes to be

under 18 years of age. For purposes of this subsection (q),

"Internet" has the meaning ascribed to it in Section 16-0.1 of

the Criminal Code of 2012; and a person is related to the

accused if the person is: (i) the spouse, brother, or sister of

the accused; (ii) a descendant of the accused; (iii) a first or

second cousin of the accused; or (iv) a step-child or adopted

child of the accused.

(r) An offender placed on supervision for an offense under

Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a

juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or

11-21 of the Criminal Code of 1961 or the Criminal Code of

2012, or any attempt to commit any of these offenses, committed

on or after the effective date of this amendatory Act of the

95th General Assembly shall:

(i) not access or use a computer or any other device

with Internet capability without the prior written

approval of the court, except in connection with the

offender's employment or search for employment with the

prior approval of the court;

(ii) submit to periodic unannounced examinations of

the offender's computer or any other device with Internet

capability by the offender's probation officer, a law

enforcement officer, or assigned computer or information

technology specialist, including the retrieval and copying

of all data from the computer or device and any internal or

external peripherals and removal of such information,

equipment, or device to conduct a more thorough inspection;

(iii) submit to the installation on the offender's

computer or device with Internet capability, at the

offender's expense, of one or more hardware or software

systems to monitor the Internet use; and

(iv) submit to any other appropriate restrictions

concerning the offender's use of or access to a computer or

any other device with Internet capability imposed by the

court.

(s) An offender placed on supervision for an offense that

is a sex offense as defined in Section 2 of the Sex Offender

Registration Act that is committed on or after January 1, 2010

(the effective date of Public Act 96-362) that requires the

person to register as a sex offender under that Act, may not

knowingly use any computer scrub software on any computer that

the sex offender uses.

(t) An offender placed on supervision for a sex offense as

defined in the Sex Offender Registration Act committed on or

after January 1, 2010 (the effective date of Public Act 96-262)

shall refrain from accessing or using a social networking

website as defined in Section 17-0.5 of the Criminal Code of

2012.

(u) Jurisdiction over an offender may be transferred from

the sentencing court to the court of another circuit with the

concurrence of both courts. Further transfers or retransfers of

jurisdiction are also authorized in the same manner. The court

to which jurisdiction has been transferred shall have the same

powers as the sentencing court. The probation department within

the circuit to which jurisdiction has been transferred may

impose probation fees upon receiving the transferred offender,

as provided in subsection (i). The probation department from

the original sentencing court shall retain all probation fees

collected prior to the transfer.

(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;

97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.

1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)

(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)

Sec. 5-7-1. Sentence of Periodic Imprisonment.

(a) A sentence of periodic imprisonment is a sentence of

imprisonment during which the committed person may be released

for periods of time during the day or night or for periods of

days, or both, or if convicted of a felony, other than first

degree murder, a Class X or Class 1 felony, committed to any

county, municipal, or regional correctional or detention

institution or facility in this State for such periods of time

as the court may direct. Unless the court orders otherwise, the

particular times and conditions of release shall be determined

by the Department of Corrections, the sheriff, or the

Superintendent of the house of corrections, who is

administering the program.

(b) A sentence of periodic imprisonment may be imposed to

permit the defendant to:

(1) seek employment;

(2) work;

(3) conduct a business or other self-employed

occupation including housekeeping;

(4) attend to family needs;

(5) attend an educational institution, including

vocational education;

(6) obtain medical or psychological treatment;

(7) perform work duties at a county, municipal, or

regional correctional or detention institution or

facility;

(8) continue to reside at home with or without

supervision involving the use of an approved electronic

monitoring device, subject to Article 8A of Chapter V; or

(9) for any other purpose determined by the court.

(c) Except where prohibited by other provisions of this

Code, the court may impose a sentence of periodic imprisonment

for a felony or misdemeanor on a person who is 17 years of age

or older. The court shall not impose a sentence of periodic

imprisonment if it imposes a sentence of imprisonment upon the

defendant in excess of 90 days.

(d) A sentence of periodic imprisonment shall be for a

definite term of from 3 to 4 years for a Class 1 felony, 18 to

30 months for a Class 2 felony, and up to 18 months, or the

longest sentence of imprisonment that could be imposed for the

offense, whichever is less, for all other offenses; however, no

person shall be sentenced to a term of periodic imprisonment

longer than one year if he is committed to a county

correctional institution or facility, and in conjunction with

that sentence participate in a county work release program

comparable to the work and day release program provided for in

Article 13 of the Unified Code of Corrections in State

facilities. The term of the sentence shall be calculated upon

the basis of the duration of its term rather than upon the

basis of the actual days spent in confinement. No sentence of

periodic imprisonment shall be subject to the good time credit

provisions of Section 3-6-3 of this Code.

(e) When the court imposes a sentence of periodic

imprisonment, it shall state:

(1) the term of such sentence;

(2) the days or parts of days which the defendant is to

be confined;

(3) the conditions.

(f) The court may issue an order of protection pursuant to

the Illinois Domestic Violence Act of 1986 as a condition of a

sentence of periodic imprisonment. The Illinois Domestic

Violence Act of 1986 shall govern the issuance, enforcement and

recording of orders of protection issued under this Section. A

copy of the order of protection shall be transmitted to the

person or agency having responsibility for the case.

(f-5) An offender sentenced to a term of periodic

imprisonment for a felony sex offense as defined in the Sex

Offender Management Board Act shall be required to undergo and

successfully complete sex offender treatment by a treatment

provider approved by the Board and conducted in conformance

with the standards developed under the Sex Offender Management

Board Act.

(g) An offender sentenced to periodic imprisonment who

undergoes mandatory drug or alcohol testing, or both, or is

assigned to be placed on an approved electronic monitoring

device, shall be ordered to pay the costs incidental to such

mandatory drug or alcohol testing, or both, and costs

incidental to such approved electronic monitoring in

accordance with the defendant's ability to pay those costs. The

county board with the concurrence of the Chief Judge of the

judicial circuit in which the county is located shall establish

reasonable fees for the cost of maintenance, testing, and

incidental expenses related to the mandatory drug or alcohol

testing, or both, and all costs incidental to approved

electronic monitoring, of all offenders with a sentence of

periodic imprisonment. The concurrence of the Chief Judge shall

be in the form of an administrative order. The fees shall be

collected by the clerk of the circuit court. The clerk of the

circuit court shall pay all moneys collected from these fees to

the county treasurer who shall use the moneys collected to

defray the costs of drug testing, alcohol testing, and

electronic monitoring. The county treasurer shall deposit the

fees collected in the county working cash fund under Section

6-27001 or Section 6-29002 of the Counties Code, as the case

may be.

(h) All fees and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(i) A defendant at least 17 years of age who is convicted

of a misdemeanor or felony in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or a felony and who is sentenced to a term of

periodic imprisonment may as a condition of his or her sentence

be required by the court to attend educational courses designed

to prepare the defendant for a high school diploma and to work

toward receiving a high school diploma or to work toward

passing high school equivalency testing or to work toward

completing a vocational training program approved by the court.

The defendant sentenced to periodic imprisonment must attend a

public institution of education to obtain the educational or

vocational training required by this subsection (i). The

defendant sentenced to a term of periodic imprisonment shall be

required to pay for the cost of the educational courses or high

school equivalency testing if a fee is charged for those

courses or testing. The court shall revoke the sentence of

periodic imprisonment of the defendant who wilfully fails to

comply with this subsection (i). The court shall resentence the

defendant whose sentence of periodic imprisonment has been

revoked as provided in Section 5-7-2. This subsection (i) does

not apply to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (i) does not apply to a defendant who is determined

by the court to be a person with a developmental disability

developmentally disabled or otherwise mentally incapable of

completing the educational or vocational program.

(Source: P.A. 98-718, eff. 1-1-15.)

Section 915. The Code of Civil Procedure is amended by

changing Section 13-114 as follows:

(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)

Sec. 13-114. Seventy-five year limitation. No deed, will,

estate, proof of heirship, plat, affidavit or other instrument

or document, or any court proceeding, order or judgment, or any

agreement, written or unwritten, sealed or unsealed, or any

fact, event, or statement, or any part or copy of any of the

foregoing, relating to or affecting the title to real estate in

the State of Illinois, which happened, was administered, or was

executed, dated, delivered, recorded or entered into more than

75 years prior to July 1, 1872, or such subsequent date as the

same is offered, presented, urged, claimed, asserted, or

appears against any person hereafter becoming interested in the

title to any real estate, or to any agent or attorney thereof,

shall adversely to the party or parties hereafter coming into

possession of such real estate under claim or color of title or

persons claiming under him, her or them, constitute notice,

either actual or constructive of any right, title, interest or

claim in and to such real estate, or any part thereof, or be,

or be considered to be evidence or admissible in evidence or be

held or urged to make any title unmarketable in part or in

whole, or be required or allowed to be alleged or proved as a

basis for any action, or any statutory proceeding affecting

directly or indirectly the title to such real estate.

The limitation of this Section, however, shall be deferred

from and after the expiration of such 75 year period for an

additional period of 10 years, if a claim in writing in and to

real estate therein particularly described, incorporating the

terms or substance of any such deed, will, estate, proof of

heirship, plat, affidavit, or other instrument or document, or

any court proceeding, order or judgment or any agreement,

written or unwritten, sealed or unsealed, or any fact, event or

statement, or any part or copy thereof in such claim, is filed

in the office of the recorder in the county or counties in

which such real estate is located:

1. within 3 years prior to the expiration of such 75 year

period; or

2. after the expiration of such 75 year period, by a minor

or a claimant under a legal disability who became under such

disability during such 75 year period and within 2 years after

the disability of such minor or of the claimant a under legal

disability has been removed; or

3. after the expiration of such 75 year period, by a

guardian of a minor or person who was determined by a court to

be under a legal disability became legally disabled during such

75 year period and within 2 years after such guardian has been

appointed for such minor or person under a legal disability.

The provisions of this Section shall not apply to or

operate against the United States of America or the State of

Illinois or any other state of the United States of America; or

as to real estate held for a public purpose by any municipality

or other political subdivision of the State of Illinois; or

against any person under whom the party or parties in

possession during the period herein permitted for reassertion

of title claim by lease or other privity of contract; or

against any person who during the entire period herein

permitted for reassertion of title, or prior thereto, has not

had the right to sue for and protect his or her claim, interest

or title.

(Source: P.A. 83-1362.)

Section 920. The Crime Victims Compensation Act is amended

by changing Section 6.1 as follows:

(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)

Sec. 6.1. Right to compensation. A person is entitled to

compensation under this Act if:

(a) Within 2 years of the occurrence of the crime, or

within one year after a criminal charge of a person for an

offense, upon which the claim is based, he files an

application, under oath, with the Court of Claims and on a

form prescribed in accordance with Section 7.1 furnished by

the Attorney General. If the person entitled to

compensation is under 18 years of age or under other legal

disability at the time of the occurrence or is determined

by a court to be under a legal disability becomes legally

disabled as a result of the occurrence, he may file the

application required by this subsection within 2 years

after he attains the age of 18 years or the disability is

removed, as the case may be. Legal disability includes a

diagnosis of posttraumatic stress disorder.

(b) For all crimes of violence, except those listed in

subsection (b-1) of this Section, the appropriate law

enforcement officials were notified within 72 hours of the

perpetration of the crime allegedly causing the death or

injury to the victim or, in the event such notification was

made more than 72 hours after the perpetration of the

crime, the applicant establishes that such notice was

timely under the circumstances.

(b-1) For victims of offenses defined in Sections

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or

the Criminal Code of 2012, the appropriate law enforcement

officials were notified within 7 days of the perpetration

of the crime allegedly causing death or injury to the

victim or, in the event that the notification was made more

than 7 days after the perpetration of the crime, the

applicant establishes that the notice was timely under the

circumstances. If the applicant or victim has obtained an

order of protection, a civil no contact order, or a

stalking no contact order, or has presented himself or

herself to a hospital for sexual assault evidence

collection and medical care, such action shall constitute

appropriate notification under this subsection (b-1) or

subsection (b) of this Section.

(c) The applicant has cooperated with law enforcement

officials in the apprehension and prosecution of the

assailant. If the applicant or victim has obtained an order

of protection, a civil no contact order, or a stalking no

contact order or has presented himself or herself to a

hospital for sexual assault evidence collection and

medical care, such action shall constitute cooperation

under this subsection (c).

(d) The applicant is not the offender or an accomplice

of the offender and the award would not unjustly benefit

the offender or his accomplice.

(e) The injury to or death of the victim was not

substantially attributable to his own wrongful act and was

not substantially provoked by the victim.

(f) For victims of offenses defined in Section 10-9 of

the Criminal Code of 2012, the victim submits a statement

under oath on a form prescribed by the Attorney General

attesting that the removed tattoo was applied in connection

with the commission of the offense.

(Source: P.A. 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13;

98-435, eff. 1-1-14.)

Section 925. The Mental Health and Developmental

Disabilities Confidentiality Act is amended by changing

Sections 4 and 12 as follows:

(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)

Sec. 4. (a) The following persons shall be entitled, upon

request, to inspect and copy a recipient's record or any part

thereof:

(1) the parent or guardian of a recipient who is under

12 years of age;

(2) the recipient if he is 12 years of age or older;

(3) the parent or guardian of a recipient who is at

least 12 but under 18 years, if the recipient is informed

and does not object or if the therapist does not find that

there are compelling reasons for denying the access. The

parent or guardian who is denied access by either the

recipient or the therapist may petition a court for access

to the record. Nothing in this paragraph is intended to

prohibit the parent or guardian of a recipient who is at

least 12 but under 18 years from requesting and receiving

the following information: current physical and mental

condition, diagnosis, treatment needs, services provided,

and services needed, including medication, if any;

(4) the guardian of a recipient who is 18 years or

older;

(5) an attorney or guardian ad litem who represents a

minor 12 years of age or older in any judicial or

administrative proceeding, provided that the court or

administrative hearing officer has entered an order

granting the attorney this right;

(6) an agent appointed under a recipient's power of

attorney for health care or for property, when the power of

attorney authorizes the access;

(7) an attorney-in-fact appointed under the Mental

Health Treatment Preference Declaration Act; or

(8) any person in whose care and custody the recipient

has been placed pursuant to Section 3-811 of the Mental

Health and Developmental Disabilities Code.

(b) Assistance in interpreting the record may be provided

without charge and shall be provided if the person inspecting

the record is under 18 years of age. However, access may in no

way be denied or limited if the person inspecting the record

refuses the assistance. A reasonable fee may be charged for

duplication of a record. However, when requested to do so in

writing by any indigent recipient, the custodian of the records

shall provide at no charge to the recipient, or to the

Guardianship and Advocacy Commission, the agency designated by

the Governor under Section 1 of the Protection and Advocacy for

Persons with Developmental Disabilities Developmentally

Disabled Persons Act or to any other not-for-profit agency

whose primary purpose is to provide free legal services or

advocacy for the indigent and who has received written

authorization from the recipient under Section 5 of this Act to

receive his records, one copy of any records in its possession

whose disclosure is authorized under this Act.

(c) Any person entitled to access to a record under this

Section may submit a written statement concerning any disputed

or new information, which statement shall be entered into the

record. Whenever any disputed part of a record is disclosed,

any submitted statement relating thereto shall accompany the

disclosed part. Additionally, any person entitled to access may

request modification of any part of the record which he

believes is incorrect or misleading. If the request is refused,

the person may seek a court order to compel modification.

(d) Whenever access or modification is requested, the

request and any action taken thereon shall be noted in the

recipient's record.

(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

Sec. 12. (a) If the United States Secret Service or the

Department of State Police requests information from a mental

health or developmental disability facility, as defined in

Section 1-107 and 1-114 of the Mental Health and Developmental

Disabilities Code, relating to a specific recipient and the

facility director determines that disclosure of such

information may be necessary to protect the life of, or to

prevent the infliction of great bodily harm to, a public

official, or a person under the protection of the United States

Secret Service, only the following information may be

disclosed: the recipient's name, address, and age and the date

of any admission to or discharge from a facility; and any

information which would indicate whether or not the recipient

has a history of violence or presents a danger of violence to

the person under protection. Any information so disclosed shall

be used for investigative purposes only and shall not be

publicly disseminated. Any person participating in good faith

in the disclosure of such information in accordance with this

provision shall have immunity from any liability, civil,

criminal or otherwise, if such information is disclosed relying

upon the representation of an officer of the United States

Secret Service or the Department of State Police that a person

is under the protection of the United States Secret Service or

is a public official.

For the purpose of this subsection (a), the term "public

official" means the Governor, Lieutenant Governor, Attorney

General, Secretary of State, State Comptroller, State

Treasurer, member of the General Assembly, member of the United

States Congress, Judge of the United States as defined in 28

U.S.C. 451, Justice of the United States as defined in 28

U.S.C. 451, United States Magistrate Judge as defined in 28

U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

Supreme, Appellate, Circuit, or Associate Judge of the State of

Illinois. The term shall also include the spouse, child or

children of a public official.

(b) The Department of Human Services (acting as successor

to the Department of Mental Health and Developmental

Disabilities) and all public or private hospitals and mental

health facilities are required, as hereafter described in this

subsection, to furnish the Department of State Police only such

information as may be required for the sole purpose of

determining whether an individual who may be or may have been a

patient is disqualified because of that status from receiving

or retaining a Firearm Owner's Identification Card or falls

within the federal prohibitors under subsection (e), (f), (g),

(r), (s), or (t) of Section 8 of the Firearm Owners

Identification Card Act, or falls within the federal

prohibitors in 18 U.S.C. 922(g) and (n). All physicians,

clinical psychologists, or qualified examiners at public or

private mental health facilities or parts thereof as defined in

this subsection shall, in the form and manner required by the

Department, provide notice directly to the Department of Human

Services, or to his or her employer who shall then report to

the Department, within 24 hours after determining that a

patient as described in clause (2) of the definition of

"patient" in Section 1.1 of the Firearm Owners Identification

Card Act poses a clear and present danger to himself, herself,

or others, or is determined to be a person with a developmental

disability developmentally disabled. This information shall be

furnished within 24 hours after the physician, clinical

psychologist, or qualified examiner has made a determination,

or within 7 days after admission to a public or private

hospital or mental health facility or the provision of services

to a patient described in clause (1) of the definition of

"patient" in Section 1.1 of the Firearm Owners Identification

Card Act. Any such information disclosed under this subsection

shall remain privileged and confidential, and shall not be

redisclosed, except as required by subsection (e) of Section

3.1 of the Firearm Owners Identification Card Act, nor utilized

for any other purpose. The method of requiring the providing of

such information shall guarantee that no information is

released beyond what is necessary for this purpose. In

addition, the information disclosed shall be provided by the

Department within the time period established by Section 24-3

of the Criminal Code of 2012 regarding the delivery of

firearms. The method used shall be sufficient to provide the

necessary information within the prescribed time period, which

may include periodically providing lists to the Department of

Human Services or any public or private hospital or mental

health facility of Firearm Owner's Identification Card

applicants on which the Department or hospital shall indicate

the identities of those individuals who are to its knowledge

disqualified from having a Firearm Owner's Identification Card

for reasons described herein. The Department may provide for a

centralized source of information for the State on this subject

under its jurisdiction. The identity of the person reporting

under this subsection shall not be disclosed to the subject of

the report. For the purposes of this subsection, the physician,

clinical psychologist, or qualified examiner making the

determination and his or her employer shall not be held

criminally, civilly, or professionally liable for making or not

making the notification required under this subsection, except

for willful or wanton misconduct.

Any person, institution, or agency, under this Act,

participating in good faith in the reporting or disclosure of

records and communications otherwise in accordance with this

provision or with rules, regulations or guidelines issued by

the Department shall have immunity from any liability, civil,

criminal or otherwise, that might result by reason of the

action. For the purpose of any proceeding, civil or criminal,

arising out of a report or disclosure in accordance with this

provision, the good faith of any person, institution, or agency

so reporting or disclosing shall be presumed. The full extent

of the immunity provided in this subsection (b) shall apply to

any person, institution or agency that fails to make a report

or disclosure in the good faith belief that the report or

disclosure would violate federal regulations governing the

confidentiality of alcohol and drug abuse patient records

implementing 42 U.S.C. 290dd-3 and 290ee-3.

For purposes of this subsection (b) only, the following

terms shall have the meaning prescribed:

(1) (Blank).

(1.3) "Clear and present danger" has the meaning as

defined in Section 1.1 of the Firearm Owners Identification

Card Act.

(1.5) "Person with a developmental disability"

Developmentally disabled" has the meaning as defined in

Section 1.1 of the Firearm Owners Identification Card Act.

(2) "Patient" has the meaning as defined in Section 1.1

of the Firearm Owners Identification Card Act.

(3) "Mental health facility" has the meaning as defined

in Section 1.1 of the Firearm Owners Identification Card

Act.

(c) Upon the request of a peace officer who takes a person

into custody and transports such person to a mental health or

developmental disability facility pursuant to Section 3-606 or

4-404 of the Mental Health and Developmental Disabilities Code

or who transports a person from such facility, a facility

director shall furnish said peace officer the name, address,

age and name of the nearest relative of the person transported

to or from the mental health or developmental disability

facility. In no case shall the facility director disclose to

the peace officer any information relating to the diagnosis,

treatment or evaluation of the person's mental or physical

health.

For the purposes of this subsection (c), the terms "mental

health or developmental disability facility", "peace officer"

and "facility director" shall have the meanings ascribed to

them in the Mental Health and Developmental Disabilities Code.

(d) Upon the request of a peace officer or prosecuting

authority who is conducting a bona fide investigation of a

criminal offense, or attempting to apprehend a fugitive from

justice, a facility director may disclose whether a person is

present at the facility. Upon request of a peace officer or

prosecuting authority who has a valid forcible felony warrant

issued, a facility director shall disclose: (1) whether the

person who is the subject of the warrant is present at the

facility and (2) the date of that person's discharge or future

discharge from the facility. The requesting peace officer or

prosecuting authority must furnish a case number and the

purpose of the investigation or an outstanding arrest warrant

at the time of the request. Any person, institution, or agency

participating in good faith in disclosing such information in

accordance with this subsection (d) is immune from any

liability, civil, criminal or otherwise, that might result by

reason of the action.

(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)

Section 930. The Sports Volunteer Immunity Act is amended

by changing Section 1 as follows:

(745 ILCS 80/1) (from Ch. 70, par. 701)

Sec. 1. Manager, coach, umpire or referee negligence

standard.

(a) General rule. Except as provided otherwise in this

Section, no person who, without compensation and as a

volunteer, renders services as a manager, coach, instructor,

umpire or referee or who, without compensation and as a

volunteer, assists a manager, coach, instructor, umpire or

referee in a sports program of a nonprofit association, shall

be liable to any person for any civil damages as a result of

any acts or omissions in rendering such services or in

conducting or sponsoring such sports program, unless the

conduct of such person falls substantially below the standards

generally practiced and accepted in like circumstances by

similar persons rendering such services or conducting or

sponsoring such sports programs, and unless it is shown that

such person did an act or omitted the doing of an act which

such person was under a recognized duty to another to do,

knowing or having reason to know that such act or omission

created a substantial risk of actual harm to the person or

property of another. It shall be insufficient to impose

liability to establish only that the conduct of such person

fell below ordinary standards of care.

(b) Exceptions.

(1) Nothing in this Section shall be construed as

affecting or modifying the liability of such person or a

nonprofit association for any of the following:

(i) Acts or omissions relating to the

transportation of participants in a sports program or

others to or from a game, event or practice.

(ii) Acts or omissions relating to the care and

maintenance of real estate unrelated to the practice or

playing areas which such persons or nonprofit

associations own, possess or control.

(2) Nothing in this Section shall be construed as

affecting or modifying any existing legal basis for

determining the liability, or any defense thereto, of any

person not covered by the standard of negligence

established by this Section.

(c) Assumption of risk or comparative fault. Nothing in

this Section shall be construed as affecting or modifying the

doctrine of assumption of risk or comparative fault on the part

of the participant.

(d) Definitions. As used in this Act the following words

and phrases shall have the meanings given to them in this

subsection:

"Compensation" means any payment for services performed

but does not include reimbursement for reasonable expenses

actually incurred or to be incurred or, solely in the case of

umpires or referees, a modest honorarium.

"Nonprofit association" means an entity which is organized

as a not-for-profit corporation under the laws of this State or

the United States or a nonprofit unincorporated association or

any entity which is authorized to do business in this State as

a not-for-profit corporation under the laws of this State,

including, but not limited to, youth or athletic associations,

volunteer fire, ambulance, religious, charitable, fraternal,

veterans, civic, county fair or agricultural associations, or

any separately chartered auxiliary of the foregoing, if

organized and operated on a nonprofit basis.

"Sports program" means baseball (including softball),

football, basketball, soccer or any other competitive sport

formally recognized as a sport by the United States Olympic

Committee as specified by and under the jurisdiction of the

Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), the Amateur

Athletic Union or the National Collegiate Athletic

Association. The term shall be limited to a program or that

portion of a program that is organized for recreational

purposes and whose activities are substantially for such

purposes and which is primarily for participants who are 18

years of age or younger or whose 19th birthday occurs during

the year of participation or the competitive season, whichever

is longer. There shall, however, be no age limitation for

programs operated for persons with physical or intellectual

disabilities the physically handicapped or intellectually

disabled.

(e) Nothing in this Section is intended to bar any cause of

action against a nonprofit association or change the liability

of such an association which arises out of an act or omission

of any person exempt from liability under this Act.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 935. The Predator Accountability Act is amended by

changing Section 10 as follows:

(740 ILCS 128/10)

Sec. 10. Definitions. As used in this Act:

"Sex trade" means any act, which if proven beyond a

reasonable doubt could support a conviction for a violation or

attempted violation of any of the following Sections of the

Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3

(promoting prostitution); 11-14.4 (promoting juvenile

prostitution); 11-15 (soliciting for a prostitute); 11-15.1

(soliciting for a juvenile prostitute); 11-16 (pandering);

11-17 (keeping a place of prostitution); 11-17.1 (keeping a

place of juvenile prostitution); 11-19 (pimping); 11-19.1

(juvenile pimping and aggravated juvenile pimping); 11-19.2

(exploitation of a child); 11-20 (obscenity); 11-20.1 (child

pornography); or 11-20.1B or 11-20.3 (aggravated child

pornography); or Section 10-9 (trafficking in persons and

involuntary servitude).

"Sex trade" activity may involve adults and youth of all

genders and sexual orientations.

"Victim of the sex trade" means, for the following sex

trade acts, the person or persons indicated:

(1) soliciting for a prostitute: the prostitute who is

the object of the solicitation;

(2) soliciting for a juvenile prostitute: the juvenile

prostitute, or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person, who is the object of the

solicitation;

(3) promoting prostitution as described in subdivision

(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal

Code of 1961 or the Criminal Code of 2012, or pandering:

the person intended or compelled to act as a prostitute;

(4) keeping a place of prostitution: any person

intended or compelled to act as a prostitute, while present

at the place, during the time period in question;

(5) keeping a place of juvenile prostitution: any

juvenile intended or compelled to act as a prostitute,

while present at the place, during the time period in

question;

(6) promoting prostitution as described in subdivision

(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961

or the Criminal Code of 2012, or pimping: the prostitute

from whom anything of value is received;

(7) promoting juvenile prostitution as described in

subdivision (a)(2) or (a)(3) of Section 11-14.4 of the

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

juvenile pimping and aggravated juvenile pimping: the

juvenile, or person with a severe or profound intellectual

disability severely or profoundly intellectually disabled

person, from whom anything of value is received for that

person's act of prostitution;

(8) promoting juvenile prostitution as described in

subdivision (a)(4) of Section 11-14.4 of the Criminal Code

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

child: the juvenile, or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person, intended or compelled to

act as a prostitute or from whom anything of value is

received for that person's act of prostitution;

(9) obscenity: any person who appears in or is

described or depicted in the offending conduct or material;

(10) child pornography or aggravated child

pornography: any child, or person with a severe or profound

intellectual disability severely or profoundly

intellectually disabled person, who appears in or is

described or depicted in the offending conduct or material;

or

(11) trafficking of persons or involuntary servitude:

a "trafficking victim" as defined in Section 10-9 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;

97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13;

97-1150, eff. 1-25-13.)

Section 940. The Illinois Marriage and Dissolution of

Marriage Act is amended by changing Sections 216, 513, 601, and

607 as follows:

(750 ILCS 5/216) (from Ch. 40, par. 216)

Sec. 216. Prohibited Marriages Void if Contracted in

Another State.) That if any person residing and intending to

continue to reside in this state and who is a person with a

disability disabled or prohibited from contracting marriage

under the laws of this state, shall go into another state or

country and there contract a marriage prohibited and declared

void by the laws of this state, such marriage shall be null and

void for all purposes in this state with the same effect as

though such prohibited marriage had been entered into in this

state.

(Source: P.A. 80-923.)

(750 ILCS 5/513) (from Ch. 40, par. 513)

Sec. 513. Support for Non-minor Children and Educational

Expenses.

(a) The court may award sums of money out of the property

and income of either or both parties or the estate of a

deceased parent, as equity may require, for the support of the

child or children of the parties who have attained majority in

the following instances:

(1) When the child is a person with a mental or

physical disability mentally or physically disabled and

not otherwise emancipated, an application for support may

be made before or after the child has attained majority.

(2) The court may also make provision for the

educational expenses of the child or children of the

parties, whether of minor or majority age, and an

application for educational expenses may be made before or

after the child has attained majority, or after the death

of either parent. The authority under this Section to make

provision for educational expenses extends not only to

periods of college education or professional or other

training after graduation from high school, but also to any

period during which the child of the parties is still

attending high school, even though he or she attained the

age of 19. The educational expenses may include, but shall

not be limited to, room, board, dues, tuition,

transportation, books, fees, registration and application

costs, medical expenses including medical insurance,

dental expenses, and living expenses during the school year

and periods of recess, which sums may be ordered payable to

the child, to either parent, or to the educational

institution, directly or through a special account or trust

created for that purpose, as the court sees fit.

If educational expenses are ordered payable, each

parent and the child shall sign any consents necessary for

the educational institution to provide the supporting

parent with access to the child's academic transcripts,

records, and grade reports. The consents shall not apply to

any non-academic records. Failure to execute the required

consent may be a basis for a modification or termination of

any order entered under this Section. Unless the court

specifically finds that the child's safety would be

jeopardized, each parent is entitled to know the name of

the educational institution the child attends. This

amendatory Act of the 95th General Assembly applies to all

orders entered under this paragraph (2) on or after the

effective date of this amendatory Act of the 95th General

Assembly.

The authority under this Section to make provision for

educational expenses, except where the child is a person

with a mental or physical disability mentally or physically

disabled and not otherwise emancipated, terminates when

the child receives a baccalaureate degree.

(b) In making awards under paragraph (1) or (2) of

subsection (a), or pursuant to a petition or motion to

decrease, modify, or terminate any such award, the court shall

consider all relevant factors that appear reasonable and

necessary, including:

(1) The financial resources of both parents.

(2) The standard of living the child would have enjoyed

had the marriage not been dissolved.

(3) The financial resources of the child.

(4) The child's academic performance.

(Source: P.A. 95-954, eff. 8-29-08.)

(750 ILCS 5/601) (from Ch. 40, par. 601)

Sec. 601. Jurisdiction; Commencement of Proceeding.

(a) A court of this State competent to decide child custody

matters has jurisdiction to make a child custody determination

in original or modification proceedings as provided in Section

201 of the Uniform Child-Custody Jurisdiction and Enforcement

Act as adopted by this State.

(b) A child custody proceeding is commenced in the court:

(1) by a parent, by filing a petition:

(i) for dissolution of marriage or legal

separation or declaration of invalidity of marriage;

or

(ii) for custody of the child, in the county in

which he is permanently resident or found;

(2) by a person other than a parent, by filing a

petition for custody of the child in the county in which he

is permanently resident or found, but only if he is not in

the physical custody of one of his parents; or

(3) by a stepparent, by filing a petition, if all of

the following circumstances are met:

(A) the child is at least 12 years old;

(B) the custodial parent and stepparent were

married for at least 5 years during which the child

resided with the parent and stepparent;

(C) the custodial parent is deceased or is a person

with a disability disabled and cannot perform the

duties of a parent to the child;

(D) the stepparent provided for the care, control,

and welfare to the child prior to the initiation of

custody proceedings;

(E) the child wishes to live with the stepparent;

and

(F) it is alleged to be in the best interests and

welfare of the child to live with the stepparent as

provided in Section 602 of this Act; or .

(4) when When one of the parents is deceased, by a

grandparent who is a parent or stepparent of a deceased

parent, by filing a petition, if one or more of the

following existed at the time of the parent's death:

(A) the surviving parent had been absent from the

marital abode for more than one month without the

deceased spouse knowing his or her whereabouts;

(B) the surviving parent was in State or federal

custody; or

(C) the surviving parent had: (i) received

supervision for or been convicted of any violation of

Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,

11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,

19-6, or Article 12 of the Criminal Code of 1961 or the

Criminal Code of 2012 directed towards the deceased

parent or the child; or (ii) received supervision or

been convicted of violating an order of protection

entered under Section 217, 218, or 219 of the Illinois

Domestic Violence Act of 1986 for the protection of the

deceased parent or the child.

(c) Notice of a child custody proceeding, including an

action for modification of a previous custody order, shall be

given to the child's parents, guardian and custodian, who may

appear, be heard, and file a responsive pleading. The court,

upon showing of good cause, may permit intervention of other

interested parties.

(d) Proceedings for modification of a previous custody

order commenced more than 30 days following the entry of a

previous custody order must be initiated by serving a written

notice and a copy of the petition for modification upon the

child's parent, guardian and custodian at least 30 days prior

to hearing on the petition. Nothing in this Section shall

preclude a party in custody modification proceedings from

moving for a temporary order under Section 603 of this Act.

(e) (Blank).

(f) The court shall, at the court's discretion or upon the

request of any party entitled to petition for custody of the

child, appoint a guardian ad litem to represent the best

interest of the child for the duration of the custody

proceeding or for any modifications of any custody orders

entered. Nothing in this Section shall be construed to prevent

the court from appointing the same guardian ad litem for 2 or

more children that are siblings or half-siblings.

(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)

(750 ILCS 5/607) (from Ch. 40, par. 607)

Sec. 607. Visitation.

(a) A parent not granted custody of the child is entitled

to reasonable visitation rights unless the court finds, after a

hearing, that visitation would endanger seriously the child's

physical, mental, moral or emotional health. If the custodian's

street address is not identified, pursuant to Section 708, the

court shall require the parties to identify reasonable

alternative arrangements for visitation by a non-custodial

parent, including but not limited to visitation of the minor

child at the residence of another person or at a local public

or private facility.

(1) "Visitation" means in-person time spent between a

child and the child's parent. In appropriate

circumstances, it may include electronic communication

under conditions and at times determined by the court.

(2) "Electronic communication" means time that a

parent spends with his or her child during which the child

is not in the parent's actual physical custody, but which

is facilitated by the use of communication tools such as

the telephone, electronic mail, instant messaging, video

conferencing or other wired or wireless technologies via

the Internet, or another medium of communication.

(a-3) Grandparents, great-grandparents, and siblings of a

minor child, who is one year old or older, have standing to

bring an action in circuit court by petition, requesting

visitation in accordance with this Section. The term "sibling"

in this Section means a brother, sister, stepbrother, or

stepsister of the minor child. Grandparents,

great-grandparents, and siblings also have standing to file a

petition for visitation and any electronic communication

rights in a pending dissolution proceeding or any other

proceeding that involves custody or visitation issues,

requesting visitation in accordance with this Section. A

petition for visitation with a child by a person other than a

parent must be filed in the county in which the child resides.

Nothing in this subsection (a-3) and subsection (a-5) of this

Section shall apply to a child in whose interests a petition is

pending under Section 2-13 of the Juvenile Court Act of 1987 or

a petition to adopt an unrelated child is pending under the

Adoption Act.

(a-5)(1) Except as otherwise provided in this subsection

(a-5), any grandparent, great-grandparent, or sibling may file

a petition for visitation rights to a minor child if there is

an unreasonable denial of visitation by a parent and at least

one of the following conditions exists:

(A) (Blank);

(A-5) the child's other parent is deceased or has been

missing for at least 3 months. For the purposes of this

Section a parent is considered to be missing if the

parent's location has not been determined and the parent

has been reported as missing to a law enforcement agency;

(A-10) a parent of the child is incompetent as a matter

of law;

(A-15) a parent has been incarcerated in jail or prison

during the 3 month period preceding the filing of the

petition;

(B) the child's mother and father are divorced or have

been legally separated from each other or there is pending

a dissolution proceeding involving a parent of the child or

another court proceeding involving custody or visitation

of the child (other than any adoption proceeding of an

unrelated child) and at least one parent does not object to

the grandparent, great-grandparent, or sibling having

visitation with the child. The visitation of the

grandparent, great-grandparent, or sibling must not

diminish the visitation of the parent who is not related to

the grandparent, great-grandparent, or sibling seeking

visitation;

(C) (Blank);

(D) the child is born out of wedlock, the parents are

not living together, and the petitioner is a maternal

grandparent, great-grandparent, or sibling of the child

born out of wedlock; or

(E) the child is born out of wedlock, the parents are

not living together, the petitioner is a paternal

grandparent, great-grandparent, or sibling, and the

paternity has been established by a court of competent

jurisdiction.

(2) Any visitation rights granted pursuant to this Section

before the filing of a petition for adoption of a child shall

automatically terminate by operation of law upon the entry of

an order terminating parental rights or granting the adoption

of the child, whichever is earlier. If the person or persons

who adopted the child are related to the child, as defined by

Section 1 of the Adoption Act, any person who was related to

the child as grandparent, great-grandparent, or sibling prior

to the adoption shall have standing to bring an action pursuant

to this Section requesting visitation with the child.

(3) In making a determination under this subsection (a-5),

there is a rebuttable presumption that a fit parent's actions

and decisions regarding grandparent, great-grandparent, or

sibling visitation are not harmful to the child's mental,

physical, or emotional health. The burden is on the party

filing a petition under this Section to prove that the parent's

actions and decisions regarding visitation times are harmful to

the child's mental, physical, or emotional health.

(4) In determining whether to grant visitation, the court

shall consider the following:

(A) the preference of the child if the child is

determined to be of sufficient maturity to express a

preference;

(B) the mental and physical health of the child;

(C) the mental and physical health of the grandparent,

great-grandparent, or sibling;

(D) the length and quality of the prior relationship

between the child and the grandparent, great-grandparent,

or sibling;

(E) the good faith of the party in filing the petition;

(F) the good faith of the person denying visitation;

(G) the quantity of the visitation time requested and

the potential adverse impact that visitation would have on

the child's customary activities;

(H) whether the child resided with the petitioner for

at least 6 consecutive months with or without the current

custodian present;

(I) whether the petitioner had frequent or regular

contact or visitation with the child for at least 12

consecutive months;

(J) any other fact that establishes that the loss of

the relationship between the petitioner and the child is

likely to harm the child's mental, physical, or emotional

health; and

(K) whether the grandparent, great-grandparent, or

sibling was a primary caretaker of the child for a period

of not less than 6 consecutive months.

(5) The court may order visitation rights for the

grandparent, great-grandparent, or sibling that include

reasonable access without requiring overnight or possessory

visitation.

(a-7)(1) Unless by stipulation of the parties, no motion to

modify a grandparent, great-grandparent, or sibling visitation

order may be made earlier than 2 years after the date the order

was filed, unless the court permits it to be made on the basis

of affidavits that there is reason to believe the child's

present environment may endanger seriously the child's mental,

physical, or emotional health.

(2) The court shall not modify an order that grants

visitation to a grandparent, great-grandparent, or sibling

unless it finds by clear and convincing evidence, upon the

basis of facts that have arisen since the prior visitation

order or that were unknown to the court at the time of entry of

the prior visitation, that a change has occurred in the

circumstances of the child or his or her custodian, and that

the modification is necessary to protect the mental, physical,

or emotional health of the child. The court shall state in its

decision specific findings of fact in support of its

modification or termination of the grandparent,

great-grandparent, or sibling visitation. A child's parent may

always petition to modify visitation upon changed

circumstances when necessary to promote the child's best

interest.

(3) Attorney fees and costs shall be assessed against a

party seeking modification of the visitation order if the court

finds that the modification action is vexatious and constitutes

harassment.

(4) Notice under this subsection (a-7) shall be given as

provided in subsections (c) and (d) of Section 601.

(b) (1) (Blank.)

(1.5) The Court may grant reasonable visitation privileges

to a stepparent upon petition to the court by the stepparent,

with notice to the parties required to be notified under

Section 601 of this Act, if the court determines that it is in

the best interests and welfare of the child, and may issue any

necessary orders to enforce those visitation privileges. A

petition for visitation privileges may be filed under this

paragraph (1.5) whether or not a petition pursuant to this Act

has been previously filed or is currently pending if the

following circumstances are met:

(A) the child is at least 12 years old;

(B) the child resided continuously with the parent and

stepparent for at least 5 years;

(C) the parent is deceased or is a person with a

disability disabled and is unable to care for the child;

(D) the child wishes to have reasonable visitation with

the stepparent; and

(E) the stepparent was providing for the care, control,

and welfare to the child prior to the initiation of the

petition for visitation.

(2)(A) A petition for visitation privileges shall not be

filed pursuant to this subsection (b) by the parents or

grandparents of a putative father if the paternity of the

putative father has not been legally established.

(B) A petition for visitation privileges may not be filed

under this subsection (b) if the child who is the subject of

the grandparents' or great-grandparents' petition has been

voluntarily surrendered by the parent or parents, except for a

surrender to the Illinois Department of Children and Family

Services or a foster care facility, or has been previously

adopted by an individual or individuals who are not related to

the biological parents of the child or is the subject of a

pending adoption petition by an individual or individuals who

are not related to the biological parents of the child.

(3) (Blank).

(c) The court may modify an order granting or denying

visitation rights of a parent whenever modification would serve

the best interest of the child; but the court shall not

restrict a parent's visitation rights unless it finds that the

visitation would endanger seriously the child's physical,

mental, moral or emotional health.

(d) If any court has entered an order prohibiting a

non-custodial parent of a child from any contact with a child

or restricting the non-custodial parent's contact with the

child, the following provisions shall apply:

(1) If an order has been entered granting visitation

privileges with the child to a grandparent or

great-grandparent who is related to the child through the

non-custodial parent, the visitation privileges of the

grandparent or great-grandparent may be revoked if:

(i) a court has entered an order prohibiting the

non-custodial parent from any contact with the child,

and the grandparent or great-grandparent is found to

have used his or her visitation privileges to

facilitate contact between the child and the

non-custodial parent; or

(ii) a court has entered an order restricting the

non-custodial parent's contact with the child, and the

grandparent or great-grandparent is found to have used

his or her visitation privileges to facilitate contact

between the child and the non-custodial parent in a

manner that violates the terms of the order restricting

the non-custodial parent's contact with the child.

Nothing in this subdivision (1) limits the authority of

the court to enforce its orders in any manner permitted by

law.

(2) Any order granting visitation privileges with the

child to a grandparent or great-grandparent who is related

to the child through the non-custodial parent shall contain

the following provision:

"If the (grandparent or great-grandparent, whichever

is applicable) who has been granted visitation privileges

under this order uses the visitation privileges to

facilitate contact between the child and the child's

non-custodial parent, the visitation privileges granted

under this order shall be permanently revoked."

(e) No parent, not granted custody of the child, or

grandparent, or great-grandparent, or stepparent, or sibling

of any minor child, convicted of any offense involving an

illegal sex act perpetrated upon a victim less than 18 years of

age including but not limited to offenses for violations of

Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,

or Article 12 of the Criminal Code of 1961 or the Criminal Code

of 2012, is entitled to visitation rights while incarcerated or

while on parole, probation, conditional discharge, periodic

imprisonment, or mandatory supervised release for that

offense, and upon discharge from incarceration for a

misdemeanor offense or upon discharge from parole, probation,

conditional discharge, periodic imprisonment, or mandatory

supervised release for a felony offense, visitation shall be

denied until the person successfully completes a treatment

program approved by the court.

(f) Unless the court determines, after considering all

relevant factors, including but not limited to those set forth

in Section 602(a), that it would be in the best interests of

the child to allow visitation, the court shall not enter an

order providing visitation rights and pursuant to a motion to

modify visitation shall revoke visitation rights previously

granted to any person who would otherwise be entitled to

petition for visitation rights under this Section who has been

convicted of first degree murder of the parent, grandparent,

great-grandparent, or sibling of the child who is the subject

of the order. Until an order is entered pursuant to this

subsection, no person shall visit, with the child present, a

person who has been convicted of first degree murder of the

parent, grandparent, great-grandparent, or sibling of the

child without the consent of the child's parent, other than a

parent convicted of first degree murder as set forth herein, or

legal guardian.

(g) (Blank).

(h) Upon motion, the court may allow a parent who is

deployed or who has orders to be deployed as a member of the

United States Armed Forces to designate a person known to the

child to exercise reasonable substitute visitation on behalf of

the deployed parent, if the court determines that substitute

visitation is in the best interest of the child. In determining

whether substitute visitation is in the best interest of the

child, the court shall consider all of the relevant factors

listed in subsection (a) of Section 602 and apply those factors

to the person designated as a substitute for the deployed

parent for visitation purposes.

(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12;

97-1150, eff. 1-25-13.)

Section 945. The Adoption Act is amended by changing

Section 12 as follows:

(750 ILCS 50/12) (from Ch. 40, par. 1514)

Sec. 12. Consent of child or adult. If, upon the date of

the entry of the judgment the person sought to be adopted is of

the age of 14 years or upwards, the adoption shall not be made

without the consent of such person. Such consent shall be in

writing and shall be acknowledged by such person as provided in

Section 10 of this Act, provided, that if such person is in

need of mental treatment or is a person with an intellectual

disability intellectually disabled, the court may waive the

provisions of this Section. No consent shall be required under

this Section if the person sought to be adopted has died before

giving such consent.

(Source: P.A. 97-227, eff. 1-1-12.)

Section 950. The Address Confidentiality for Victims of

Domestic Violence Act is amended by changing Section 15 as

follows:

(750 ILCS 61/15)

Sec. 15. Address confidentiality program; application;

certification.

(a) An adult person, a parent or guardian acting on behalf

of a minor, or a guardian acting on behalf of a person with a

disability disabled person, as defined in Article 11a of the

Probate Act of 1975, may apply to the Attorney General to have

an address designated by the Attorney General serve as the

person's address or the address of the minor or person with a

disability disabled person. The Attorney General shall approve

an application if it is filed in the manner and on the form

prescribed by him or her and if it contains:

(1) a sworn statement by the applicant that the

applicant has good reason to believe (i) that the

applicant, or the minor or person with a disability

disabled person on whose behalf the application is made, is

a victim of domestic violence; and (ii) that the applicant

fears for his or her safety or his or her children's

safety, or the safety of the minor or person with a

disability disabled person on whose behalf the application

is made;

(2) a designation of the Attorney General as agent for

purposes of service of process and receipt of mail;

(3) the mailing address where the applicant can be

contacted by the Attorney General, and the phone number or

numbers where the applicant can be called by the Attorney

General;

(4) the new address or addresses that the applicant

requests not be disclosed for the reason that disclosure

will increase the risk of domestic violence; and

(5) the signature of the applicant and of any

individual or representative of any office designated in

writing under Section 40 of this Act who assisted in the

preparation of the application, and the date on which the

applicant signed the application.

(b) Applications shall be filed with the office of the

Attorney General.

(c) Upon filing a properly completed application, the

Attorney General shall certify the applicant as a program

participant. Applicants shall be certified for 4 years

following the date of filing unless the certification is

withdrawn or invalidated before that date. The Attorney General

shall by rule establish a renewal procedure.

(d) A person who falsely attests in an application that

disclosure of the applicant's address would endanger the

applicant's safety or the safety of the applicant's children or

the minor or incapacitated person on whose behalf the

application is made, or who knowingly provides false or

incorrect information upon making an application, is guilty of

a Class 3 felony.

(Source: P.A. 91-494, eff. 1-1-00.)

Section 955. The Parental Notice of Abortion Act of 1995 is

amended by changing Section 10 as follows:

(750 ILCS 70/10)

Sec. 10. Definitions. As used in this Act:

"Abortion" means the use of any instrument, medicine, drug,

or any other substance or device to terminate the pregnancy of

a woman known to be pregnant with an intention other than to

increase the probability of a live birth, to preserve the life

or health of a child after live birth, or to remove a dead

fetus.

"Actual notice" means the giving of notice directly, in

person, or by telephone.

"Adult family member" means a person over 21 years of age

who is the parent, grandparent, step-parent living in the

household, or legal guardian.

"Constructive notice" means notice by certified mail to the

last known address of the person entitled to notice with

delivery deemed to have occurred 48 hours after the certified

notice is mailed.

"Incompetent" means any person who has been adjudged as

mentally ill or as a person with a developmental disability

developmentally disabled and who, because of her mental illness

or developmental disability, is not fully able to manage her

person and for whom a guardian of the person has been appointed

under Section 11a-3(a)(1) of the Probate Act of 1975.

"Medical emergency" means a condition that, on the basis of

the physician's good faith clinical judgment, so complicates

the medical condition of a pregnant woman as to necessitate the

immediate abortion of her pregnancy to avert her death or for

which a delay will create serious risk of substantial and

irreversible impairment of major bodily function.

"Minor" means any person under 18 years of age who is not

or has not been married or who has not been emancipated under

the Emancipation of Minors Act.

"Neglect" means the failure of an adult family member to

supply a child with necessary food, clothing, shelter, or

medical care when reasonably able to do so or the failure to

protect a child from conditions or actions that imminently and

seriously endanger the child's physical or mental health when

reasonably able to do so.

"Physical abuse" means any physical injury intentionally

inflicted by an adult family member on a child.

"Physician" means any person licensed to practice medicine

in all its branches under the Illinois Medical Practice Act of

1987.

"Sexual abuse" means any sexual conduct or sexual

penetration as defined in Section 11-0.1 of the Criminal Code

of 2012 that is prohibited by the criminal laws of the State of

Illinois and committed against a minor by an adult family

member as defined in this Act.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

Section 960. The Probate Act of 1975 is amended by changing

Sections 1-2.17, 1-2.23, 1-2.24, 2-6.2, 2-6.6, 6-2, 6-6, 6-10,

6-12, 6-13, 6-20, 9-1, 9-3, 9-4, 9-5, 9-6, 9-8, and 11-3 and

the heading of Article XIa and Sections 11a-1, 11a-2, 11a-3,

11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-6, 11a-8, 11a-8.1, 11a-10,

11a-10.2, 11a-11, 11a-12, 11a-13, 11a-16, 11a-17, 11a-18,

11a-18.1, 11a-18.2, 11a-18.3, 11a-20, 11a-22, 11a-24, 12-2,

12-4, 13-2, 13-3.1, 13-5, 18-1.1, 18-8, 23-2, 26-3, 28-2, 28-3,

and 28-10 as follows:

(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)

Sec. 1-2.17. "Ward" includes a minor or a person with a

disability and disabled person.

(Source: P.A. 81-213.)

(755 ILCS 5/1-2.23)

Sec. 1-2.23. "Standby guardian" means: (i) a guardian of

the person or estate, or both, of a minor, as appointed by the

court under Section 11-5.3, to become effective at a later date

under Section 11-13.1 or (ii) a guardian of the person or

estate, or both, of a person with a disability disabled person,

as appointed by the court under Section 11a-3.1, to become

effective at a later date under Section 11a-18.2.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/1-2.24)

Sec. 1-2.24. "Short-term guardian" means a guardian of the

person of a minor as appointed by a parent of the minor under

Section 11-5.4 or a guardian of the person of a person with a

disability disabled person as appointed by the guardian of the

person with a disability disabled person under Section 11a-3.2.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/2-6.2)

Sec. 2-6.2. Financial exploitation, abuse, or neglect of an

elderly person or a person with a disability.

(a) In this Section:

"Abuse" means any offense described in Section 12-21 or

subsection (b) of Section 12-4.4a of the Criminal Code of 1961

or the Criminal Code of 2012.

"Financial exploitation" means any offense or act

described or defined in Section 16-1.3 or 17-56 of the Criminal

Code of 1961 or the Criminal Code of 2012, and, in the context

of civil proceedings, the taking, use, or other

misappropriation of the assets or resources of an elderly

person or a person with a disability contrary to law,

including, but not limited to, misappropriation of assets or

resources by undue influence, breach of a fiduciary

relationship, fraud, deception, extortion, and conversion.

"Neglect" means any offense described in Section 12-19 or

subsection (a) of Section 12-4.4a of the Criminal Code of 1961

or the Criminal Code of 2012.

(b) Persons convicted of financial exploitation, abuse, or

neglect of an elderly person or a person with a disability or

persons who have been found by a preponderance of the evidence

to be civilly liable for financial exploitation shall not

receive any property, benefit, or other interest by reason of

the death of that elderly person or person with a disability,

whether as heir, legatee, beneficiary, survivor, appointee,

claimant under Section 18-1.1, or in any other capacity and

whether the property, benefit, or other interest passes

pursuant to any form of title registration, testamentary or

nontestamentary instrument, intestacy, renunciation, or any

other circumstance. Except as provided in subsection (f) of

this Section, the property, benefit, or other interest shall

pass as if the person convicted of the financial exploitation,

abuse, or neglect or person found civilly liable for financial

exploitation died before the decedent, provided that with

respect to joint tenancy property the interest possessed prior

to the death by the person convicted of the financial

exploitation, abuse, or neglect shall not be diminished by the

application of this Section. Notwithstanding the foregoing, a

person convicted of financial exploitation, abuse, or neglect

of an elderly person or a person with a disability or a person

who has been found by a preponderance of the evidence to be

civilly liable for financial exploitation shall be entitled to

receive property, a benefit, or an interest in any capacity and

under any circumstances described in this subsection (b) if it

is demonstrated by clear and convincing evidence that the

victim of that offense knew of the conviction or finding of

civil liability and subsequent to the conviction or finding of

civil liability expressed or ratified his or her intent to

transfer the property, benefit, or interest to the person

convicted of financial exploitation, abuse, or neglect of an

elderly person or a person with a disability or the person

found by a preponderance of the evidence to be civilly liable

for financial exploitation in any manner contemplated by this

subsection (b).

(c)(1) The holder of any property subject to the provisions

of this Section shall not be liable for distributing or

releasing the property to the person convicted of financial

exploitation, abuse, or neglect of an elderly person or a

person with a disability or the person who has been found by a

preponderance of the evidence to be civilly liable for

financial exploitation if the distribution or release occurs

prior to the conviction or finding of civil liability.

(2) If the holder is a financial institution, trust

company, trustee, or similar entity or person, the holder shall

not be liable for any distribution or release of the property,

benefit, or other interest to the person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 or the person who has been

found by a preponderance of the evidence to be civilly liable

for financial exploitation unless the holder knowingly

distributes or releases the property, benefit, or other

interest to the person so convicted or found civilly liable

after first having received actual written notice of the

conviction in sufficient time to act upon the notice.

(d) If the holder of any property subject to the provisions

of this Section knows that a potential beneficiary has been

convicted of financial exploitation, abuse, or neglect of an

elderly person or a person with a disability or has been found

by a preponderance of the evidence to be civilly liable for

financial exploitation within the scope of this Section, the

holder shall fully cooperate with law enforcement authorities

and judicial officers in connection with any investigation of

the financial exploitation, abuse, or neglect. If the holder is

a person or entity that is subject to regulation by a

regulatory agency pursuant to the laws of this or any other

state or pursuant to the laws of the United States, including

but not limited to the business of a financial institution,

corporate fiduciary, or insurance company, then such person or

entity shall not be deemed to be in violation of this Section

to the extent that privacy laws and regulations applicable to

such person or entity prevent it from voluntarily providing law

enforcement authorities or judicial officers with information.

(e) A civil action against a person for financial

exploitation may be brought by an interested person, pursuant

to this Section, after the death of the victim or during the

lifetime of the victim if the victim is adjudicated a person

with a disability disabled. A guardian is under no duty to

bring a civil action under this subsection during the ward's

lifetime, but may do so if the guardian believes it is in the

best interests of the ward.

(f) The court may, in its discretion, consider such facts

and circumstances as it deems appropriate to allow the person

found civilly liable for financial exploitation to receive a

reduction in interest or benefit rather than no interest or

benefit as stated under subsection (b) of this Section.

(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

98-833, eff. 8-1-14.)

(755 ILCS 5/2-6.6)

Sec. 2-6.6. Person convicted of or found civilly liable for

certain offenses against the elderly or a person with a

disability.

(a) A person who is convicted of a violation of Section

12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012 or a person who has been found by a preponderance

of the evidence to be civilly liable for financial

exploitation, as defined in subsection (a) of Section 2-6.2 of

this Act, may not receive any property, benefit, or other

interest by reason of the death of the victim of that offense,

whether as heir, legatee, beneficiary, joint tenant, tenant by

the entirety, survivor, appointee, or in any other capacity and

whether the property, benefit, or other interest passes

pursuant to any form of title registration, testamentary or

nontestamentary instrument, intestacy, renunciation, or any

other circumstance. Except as provided in subsection (f) of

this Section, the property, benefit, or other interest shall

pass as if the person convicted of a violation of Section

12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of

Section 12-4.4a, of the Criminal Code of 1961 or the Criminal

Code of 2012 or the person found by a preponderance of the

evidence to be civilly liable for financial exploitation, as

defined in subsection (a) of Section 2-6.2 of this Act, died

before the decedent; provided that with respect to joint

tenancy property or property held in tenancy by the entirety,

the interest possessed prior to the death by the person

convicted or found civilly liable may not be diminished by the

application of this Section. Notwithstanding the foregoing, a

person convicted of a violation of Section 12-19, 12-21,

16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,

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

person who has been found by a preponderance of the evidence to

be civilly liable for financial exploitation, as defined in

subsection (a) of Section 2-6.2 of this Act, shall be entitled

to receive property, a benefit, or an interest in any capacity

and under any circumstances described in this Section if it is

demonstrated by clear and convincing evidence that the victim

of that offense knew of the conviction or finding of civil

liability and subsequent to the conviction or finding of civil

liability expressed or ratified his or her intent to transfer

the property, benefit, or interest to the person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 or the person found by a

preponderance of the evidence to be civilly liable for

financial exploitation, as defined in subsection (a) of Section

2-6.2 of this Act, in any manner contemplated by this Section.

(b) The holder of any property subject to the provisions of

this Section is not liable for distributing or releasing the

property to the person convicted of violating Section 12-19,

12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section

12-4.4a, of the Criminal Code of 1961 or the Criminal Code of

2012 or to the person found by a preponderance of the evidence

to be civilly liable for financial exploitation as defined in

subsection (a) of Section 2-6.2 of this Act.

(c) If the holder is a financial institution, trust

company, trustee, or similar entity or person, the holder shall

not be liable for any distribution or release of the property,

benefit, or other interest to the person convicted of a

violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

of 1961 or the Criminal Code of 2012 or person found by a

preponderance of the evidence to be civilly liable for

financial exploitation, as defined in subsection (a) of Section

2-6.2 of this Act, unless the holder knowingly distributes or

releases the property, benefit, or other interest to the person

so convicted or found civilly liable after first having

received actual written notice of the conviction or finding of

civil liability in sufficient time to act upon the notice.

(d) The Department of State Police shall have access to

State of Illinois databases containing information that may

help in the identification or location of persons convicted of

or found civilly liable for the offenses enumerated in this

Section. Interagency agreements shall be implemented,

consistent with security and procedures established by the

State agency and consistent with the laws governing the

confidentiality of the information in the databases.

Information shall be used only for administration of this

Section.

(e) A civil action against a person for financial

exploitation, as defined in subsection (a) of Section 2-6.2 of

this Act, may be brought by an interested person, pursuant to

this Section, after the death of the victim or during the

lifetime of the victim if the victim is adjudicated a person

with a disability disabled. A guardian is under no duty to

bring a civil action under this subsection during the ward's

lifetime, but may do so if the guardian believes it is in the

best interests of the ward.

(f) The court may, in its discretion, consider such facts

and circumstances as it deems appropriate to allow the person

convicted or found civilly liable for financial exploitation,

as defined in subsection (a) of Section 2-6.2 of this Act, to

receive a reduction in interest or benefit rather than no

interest or benefit as stated under subsection (a) of this

Section.

(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

98-833, eff. 8-1-14.)

(755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2)

Sec. 6-2. Petition to admit will or to issue letters.)

Anyone desiring to have a will admitted to probate must file a

petition therefor in the court of the proper county. The

petition must state, if known: (a) the name and place of

residence of the testator at the time of his death; (b) the

date and place of death; (c) the date of the will and the fact

that petitioner believes the will to be the valid last will of

the testator; (d) the approximate value of the testator's real

and personal estate in this State; (e) the names and post

office addresses of all heirs and legatees of the testator and

whether any of them is a minor or a person with a disability

disabled person; (f) the name and post office address of the

executor; and (g) unless supervised administration is

requested, the name and address of any personal fiduciary

acting or designated to act pursuant to Section 28-3. When the

will creates or adds to a trust and the petition states the

name and address of the trustee, the petition need not state

the name and address of any beneficiary of the trust who is not

an heir or legatee. If letters of administration with the will

annexed are sought, the petition must also state, if known: (a)

the reason for the issuance of the letters, (b) facts showing

the right of the petitioner to act as, or to nominate, the

administrator with the will annexed, (c) the name and post

office address of the person nominated and of each person

entitled either to administer or to nominate a person to

administer equally with or in preference to the petitioner and

(d) if the will has been previously admitted to probate, the

date of admission. If a petition for letters of administration

with the will annexed states that there are one or more persons

entitled either to administer or to nominate a person to

administer equally with or in preference to the petitioner, the

petitioner must mail a copy of the petition to each such person

as provided in Section 9-5 and file proof of mailing with the

clerk of the court.

(Source: P.A. 84-555; 84-690.)

(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6)

Sec. 6-6. Proof of handwriting of a deceased, disabled or

inaccessible witness or a witness with a disability.) (a) If a

witness to a will (1) is dead, (2) is blind, (3) is mentally or

physically incapable of testifying, (4) cannot be found, (5) is

in active service of the armed forces of the United States or

(6) is outside this State, the court may admit proof of the

handwriting of the witness and such other secondary evidence as

is admissible in any court of record to establish written

contracts and may admit the will to probate as though it had

been proved by the testimony of the witness. On motion of any

interested person or on its own motion, the court may require

that the deposition of any such witness, who can be found, is

mentally and physically capable of testifying and is not in the

active service of the armed forces of the United States outside

of the continental United States, be taken as the best evidence

thereof.

(b) As used in this Section, "continental United States"

means the States of the United States and the District of

Columbia.

(Source: P.A. 81-213.)

(755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10)

Sec. 6-10. Notice - waiver.) (a) Not more than 14 days

after entry of an order admitting or denying admission of a

will to probate or appointing a representative, the

representative or, if none, the petitioner must mail a copy of

the petition to admit the will or for letters and a copy of the

order showing the date of entry to each of the testator's heirs

and legatees whose names and post office addresses are stated

in the petition. If the name or post office address of any heir

or legatee is not stated in the petition, the representative

or, if none, the petitioner must publish a notice once a week

for 3 successive weeks, the first publication to be not more

than 14 days after entry of the order, describing the order and

the date of entry. The notice shall be published in a newspaper

published in the county where the order was entered and may be

combined with a notice under Section 18-3. When the petition

names a trustee of a trust, it is not necessary to publish for

or mail copies of the petition and order to any beneficiary of

the trust who is not an heir or legatee. The information mailed

or published under this Section must include an explanation, in

form prescribed by rule of the Supreme Court of this State, of

the rights of heirs and legatees to require formal proof of

will under Section 6-21 and to contest the admission or denial

of admission of the will to probate under Section 8-1 or 8-2.

The petitioner or representative must file proof of mailing and

publication, if publication is required, with the clerk of the

court.

(b) A copy of the petition and of the order need not be

sent to and notice need not be published for any person who is

not designated in the petition as a minor or person with a

disability disabled person and who personally appeared before

the court at the hearing or who filed his waiver of notice.

(Source: P.A. 81-1453.)

(755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12)

Sec. 6-12. Appointment of guardian ad litem.) When an heir

or legatee of a testator is a minor or person with a disability

disabled person who is entitled to notice under Section 6-10 at

the time an order is entered admitting or denying admission of

a will to probate or who is entitled to notice under Section

6-20 or 6-21 of the hearing on the petition to admit the will,

the court may appoint a guardian ad litem to protect the

interests of the ward with respect to the admission or denial,

or to represent the ward at the hearing, if the court finds

that (a) the interests of the ward are not adequately

represented by a personal fiduciary acting or designated to act

pursuant to Section 28-3 or by another party having a

substantially identical interest in the proceedings and the

ward is not represented by a guardian of his estate and (b) the

appointment of a guardian ad litem is necessary to protect the

ward's interests.

(Source: P.A. 81-213.)

(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)

Sec. 6-13. Who may act as executor.) (a) A person who has

attained the age of 18 years and is a resident of the United

States, is not of unsound mind, is not an adjudged person with

a disability disabled person as defined in this Act and has not

been convicted of a felony, is qualified to act as executor.

(b) If a person named as executor in a will is not

qualified to act at the time of admission of the will to

probate but thereafter becomes qualified and files a petition

for the issuance of letters, takes oath and gives bond as

executor, the court may issue letters testamentary to him as

co-executor with the executor who has qualified or if no

executor has qualified the court may issue letters testamentary

to him and revoke the letters of administration with the will

annexed.

The court may in its discretion require a nonresident

executor to furnish a bond in such amount and with such surety

as the court determines notwithstanding any contrary provision

of the will.

(Source: P.A. 85-692.)

(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20)

Sec. 6-20. Petition to admit will to probate on presumption

of death of testator - notice.) (a) Anyone desiring to have a

will admitted to probate on the presumption of death of the

testator must file a petition therefor in the court of the

proper county. The petition must state, in addition to the

information required by Section 6-2 (other than clauses (a) and

(b)), the facts and circumstances raising the presumption, the

name and last known post office address of the testator and, if

known, the name and post office address of each person in

possession or control of any property of the testator.

(b) Not less than 30 days before the hearing on the

petition the petitioner must (1) mail a copy of the petition to

the testator at his last known address, to each of the

testator's heirs and legatees whose names and post office

addresses are stated in the petition and to each person shown

by the petition to be in possession or control of any property

of the testator, and (2) publish a notice of the hearing on the

petition once a week for 3 successive weeks, the first

publication to be not less than 30 days before the hearing. The

notice must state the time and place of the hearing, the name

of the testator and, when known, the names of the heirs and

legatees. The petitioner shall endorse the time and place of

the hearing on each copy of the petition mailed by him. When

the petition names a trustee of a trust, it is not necessary to

mail a copy of the petition to any beneficiary of the trust who

is not an heir or legatee, or to include the name of such

beneficiary in the published notice. If any person objects to

the admission of the will to probate, the court may require

that such notice of the time and place of the hearing as it

directs be given to any beneficiary of the trust not previously

notified. The petitioner must file proof of mailing and proof

of publication with the clerk of the court.

(c) A copy of the petition need not be sent to any person

not designated in the petition as a minor or person with a

disability disabled person who personally appears before the

court at the hearing or who files his waiver of notice.

(d) When a will is admitted to probate on presumption of

the testator's death, the notice provided for in Section 6-10

is not required.

(Source: P.A. 81-1453.)

(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)

Sec. 9-1. Who may act as administrator. A person who has

attained the age of 18 years, is a resident of the United

States, is not of unsound mind, is not an adjudged person with

a disability disabled person as defined in this Act and has not

been convicted of a felony, is qualified to act as

administrator.

(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)

(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)

Sec. 9-3. Persons entitled to preference in obtaining

letters. The following persons are entitled to preference in

the following order in obtaining the issuance of letters of

administration and of administration with the will annexed:

(a) The surviving spouse or any person nominated by the

surviving spouse.

(b) The legatees or any person nominated by them, with

preference to legatees who are children.

(c) The children or any person nominated by them.

(d) The grandchildren or any person nominated by them.

(e) The parents or any person nominated by them.

(f) The brothers and sisters or any person nominated by

them.

(g) The nearest kindred or any person nominated by them.

(h) The representative of the estate of a deceased ward.

(i) The Public Administrator.

(j) A creditor of the estate.

Only a person qualified to act as administrator under this

Act may nominate, except that the guardian of the estate, if

any, otherwise the guardian of the person, of a person who is

not qualified to act as administrator solely because of

minority or legal disability may nominate on behalf of the

minor or person with a disability disabled person in accordance

with the order of preference set forth in this Section. A

person who has been removed as representative under this Act

loses the right to name a successor.

When several persons are claiming and are equally entitled

to administer or to nominate an administrator, the court may

grant letters to one or more of them or to the nominee of one or

more of them.

(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;

90-655, eff. 7-30-98.)

(755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4)

Sec. 9-4. Petition to issue letters.) Anyone desiring to

have letters of administration issued on the estate of an

intestate decedent shall file a petition therefor in the court

of the proper county. The petition shall state, if known: (a)

the name and place of residence of the decedent at the time of

his death; (b) the date and place of death; (c) the approximate

value of the decedent's real and personal estate in this State;

(d) the names and post office addresses of all heirs of the

decedent and whether any of them is a minor or person with a

disability disabled person and whether any of them is entitled

either to administer or to nominate a person to administer

equally with or in preference to the petitioner; (e) the name

and post office address of the person nominated as

administrator; (f) the facts showing the right of the

petitioner to act as or to nominate the administrator; (g) when

letters of administration de bonis non are sought, the reason

for the issuance of the letters; and (h) unless supervised

administration is requested, the name and address of any

personal fiduciary acting or designated to act pursuant to

Section 28-3.

(Source: P.A. 84-555; 84-690.)

(755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5)

Sec. 9-5. Notice-Waiver.) (a) Not less than 30 days before

the hearing on the petition to issue letters, the petitioner

shall mail a copy of the petition, endorsed with the time and

place of the hearing, to each person named in the petition

whose post office address is stated and who is entitled either

to administer or to nominate a person to administer equally

with or in preference to the petitioner.

(b) Not more than 14 days after entry of an order directing

that original letters of office issue to an administrator, the

administrator shall mail a copy of the petition to issue

letters and a copy of the order showing the date of its entry

to each of the decedent's heirs who was not entitled to notice

of the hearing on the petition under subsection (a). If the

name or post office address of any heir is not stated in the

petition, the administrator shall publish a notice once a week

for 3 successive weeks, the first publication to be not more

than 14 days after entry of the order, describing the order and

the date of entry. The notice shall be published in a newspaper

published in the county where the order was entered and may be

combined with a notice under Section 18-3. The administrator

shall file proof of mailing and publication, if publication is

required, with the clerk of the court.

(c) A copy of the petition and of the order need not be

sent to, nor notice published for, any person not designated in

the petition as a minor or as a person with a disability

disabled person and who personally appeared before the court at

the hearing or who files his waiver of notice.

(Source: P.A. 84-555; 84-690.)

(755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6)

Sec. 9-6. Petition to issue letters on presumption of death

of decedent - notice - waiver.) (a) Anyone desiring to have

original letters of administration issued on the presumption of

death of the decedent shall file a petition therefor in the

court of the proper county. The petition shall state, in

addition to the information required by clauses (c) through (h)

of Section 9-4, the facts and circumstances raising the

presumption, the name and last known post office address of the

decedent and, if known, the name and post office address of

each person in possession or control of any property of the

decedent.

(b) Not less than 30 days before the hearing on the

petition the petitioner shall (1) mail a copy of the petition

to the decedent at his last known address, to each heir whose

name and post office address are stated in the petition and to

each person shown by the petition to be in possession or

control of any property of the decedent, and (2) publish a

notice of the hearing on the petition once a week for 3

successive weeks, the first publication to be not less than 30

days before the hearing. The notice shall be published in a

newspaper published in the county where the petition is filed.

The notice shall state the time and place of the hearing, the

name of the decedent and, when known, the names of the heirs.

The petitioner shall endorse the time and place of the hearing

on each copy of the petition mailed by him. The petitioner

shall file a proof of mailing and of publication with the clerk

of the court.

(c) A copy of the petition need not be sent to any person

not designated in the petition as a minor or as a person with a

disability disabled person and who personally appeared before

the court at the hearing or who filed his waiver of notice.

(Source: P.A. 84-555; 84-690.)

(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)

Sec. 9-8. Distribution on summary administration. Upon the

filing of a petition therefor in the court of the proper county

by any interested person and after ascertainment of heirship of

the decedent and admission of the will, if any, to probate, if

it appears to the court that:

(a) the gross value of the decedent's real and personal

estate subject to administration in this State as itemized

in the petition does not exceed $100,000;

(b) there is no unpaid claim against the estate, or all

claimants known to the petitioner, with the amount known by

him to be due to each of them, are listed in the petition;

(c) no tax will be due to the United States or to this

State by reason of the death of the decedent or all such

taxes have been paid or provided for or are the obligation

of another fiduciary;

(d) no person is entitled to a surviving spouse's or

child's award under this Act, or a surviving spouse's or

child's award is allowable under this Act, and the name and

age of each person entitled to an award, with the minimum

award allowable under this Act to the surviving spouse or

child, or each of them, and the amount, if any, theretofore

paid to the spouse or child on such award, are listed in

the petition;

(e) all heirs and legatees of the decedent have

consented in writing to distribution of the estate on

summary administration (and if an heir or legatee is a

minor or person with a disability disabled person, the

consent may be given on his behalf by his parent, spouse,

adult child, person in loco parentis, guardian or guardian

ad litem);

(f) each distributee gives bond in the value of his

distributive share, conditioned to refund the due

proportion of any claim entitled to be paid from the estate

distributed, including the claim of any person having a

prior right to such distribution, together with expenses of

recovery, including reasonable attorneys' fees, with

surety to be approved by the court. If at any time after

payment of a distributive share it becomes necessary for

all or any part of the distributive share to be refunded

for the payment of any claim entitled to be paid from the

estate distributed or to provide for a distribution to any

person having a prior right thereto, upon petition of any

interested person the court shall order the distributee to

refund that portion of his distributive share which is

necessary for such purposes. If there is more than one

distributee, the court shall apportion among the

distributees the amount to be refunded according to the

amount received by each of them, but specific and general

legacies need not be refunded unless the residue is

insufficient to satisfy the claims entitled to be paid from

the estate distributed. If a distributee refuses to refund

within 60 days after being ordered by the court to do so

and upon demand, the refusal is deemed a breach of the bond

and a civil action may be maintained by the claimant or

person having a prior right to a distribution against the

distributee and the surety or either of them for the amount

due together with the expenses of recovery, including

reasonable attorneys' fees. The order of the court is

evidence of the amount due;

(g) the petitioner has published a notice informing all

persons of the death of the decedent, of the filing of the

petition for distribution of the estate on summary

administration and of the date, time and place of the

hearing on the petition (the notice having been published

once a week for 3 successive weeks in a newspaper published

in the county where the petition has been filed, the first

publication having been made not less than 30 days prior to

the hearing) and has filed proof of publication with the

clerk of the court;

the court may determine the rights of claimants and other

persons interested in the estate, direct payment of claims and

distribution of the estate on summary administration and excuse

the issuance of letters of office or revoke the letters which

have been issued and discharge the representative.

Any claimant may file his claim in the proceeding at or

before the hearing on the petition, but failure to do so does

not deprive the claimant of his right to enforce his claim in

any other manner provided by law.

A petition for distribution on summary administration may

be combined with or filed separately from a petition for

probate of a will or for administration of an estate.

(Source: P.A. 93-277, eff. 1-1-04.)

(755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)

Sec. 11-3. Who may act as guardian.

(a) A person is qualified to act as guardian of the person

and as guardian of the estate if the court finds that the

proposed guardian is capable of providing an active and

suitable program of guardianship for the minor and that the

proposed guardian:

(1) has attained the age of 18 years;

(2) is a resident of the United States;

(3) is not of unsound mind;

(4) is not an adjudged person with a disability

disabled person as defined in this Act; and

(5) has not been convicted of a felony, unless the

court finds appointment of the person convicted of a felony

to be in the minor's best interests, and as part of the

best interest determination, the court has considered the

nature of the offense, the date of offense, and the

evidence of the proposed guardian's rehabilitation. No

person shall be appointed who has been convicted of a

felony involving harm or threat to a child, including a

felony sexual offense.

One person may be appointed guardian of the person and another

person appointed guardian of the estate.

(b) The Department of Human Services or the Department of

Children and Family Services may with the approval of the court

designate one of its employees to serve without fees as

guardian of the estate of a minor patient in a State mental

hospital or a resident in a State institution when the value of

the personal estate does not exceed $1,000.

(Source: P.A. 94-579, eff. 8-12-05.)

(755 ILCS 5/Art. XIa heading)

ARTICLE XIa

GUARDIANS FOR ADULTS WITH DISABILITIES DISABLED ADULTS

(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)

Sec. 11a-1. Developmental disability defined.)

"Developmental disability" means a disability which is

attributable to: (a) an intellectual disability, cerebral

palsy, epilepsy or autism; or to (b) any other condition which

results in impairment similar to that caused by an intellectual

disability and which requires services similar to those

required by persons with intellectual disabilities

intellectually disabled persons. Such disability must

originate before the age of 18 years, be expected to continue

indefinitely, and constitute a substantial disability

handicap.

(Source: P.A. 97-227, eff. 1-1-12.)

(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)

Sec. 11a-2. "Person with a disability Disabled person"

defined.) "Person with a disability Disabled person" means a

person 18 years or older who (a) because of mental

deterioration or physical incapacity is not fully able to

manage his person or estate, or (b) is a person with mental

illness or a person with a developmental disability and who

because of his mental illness or developmental disability is

not fully able to manage his person or estate, or (c) because

of gambling, idleness, debauchery or excessive use of

intoxicants or drugs, so spends or wastes his estate as to

expose himself or his family to want or suffering, or (d) is

diagnosed with fetal alcohol syndrome or fetal alcohol effects.

(Source: P.A. 95-561, eff. 1-1-08.)

(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)

Sec. 11a-3. Adjudication of disability; Power to appoint

guardian.

(a) Upon the filing of a petition by a reputable person or

by the alleged person with a disability disabled person himself

or on its own motion, the court may adjudge a person to be a

person with a disability disabled person, but only if it has

been demonstrated by clear and convincing evidence that the

person is a person with a disability disabled person as defined

in Section 11a-2. If the court adjudges a person to be a person

with a disability disabled person, the court may appoint (1) a

guardian of his person, if it has been demonstrated by clear

and convincing evidence that because of his disability he lacks

sufficient understanding or capacity to make or communicate

responsible decisions concerning the care of his person, or (2)

a guardian of his estate, if it has been demonstrated by clear

and convincing evidence that because of his disability he is

unable to manage his estate or financial affairs, or (3) a

guardian of his person and of his estate.

(b) Guardianship shall be utilized only as is necessary to

promote the well-being of the person with a disability disabled

person, to protect him from neglect, exploitation, or abuse,

and to encourage development of his maximum self-reliance and

independence. Guardianship shall be ordered only to the extent

necessitated by the individual's actual mental, physical and

adaptive limitations.

(Source: P.A. 93-435, eff. 1-1-04.)

(755 ILCS 5/11a-3.1)

Sec. 11a-3.1. Appointment of standby guardian.

(a) The guardian of a person with a disability disabled

person may designate in any writing, including a will, a person

qualified to act under Section 11a-5 to be appointed as standby

guardian of the person or estate, or both, of the person with a

disability disabled person. The guardian may designate in any

writing, including a will, a person qualified to act under

Section 11a-5 to be appointed as successor standby guardian of

the disabled person's person or estate of the person with a

disability, or both. The designation must be witnessed by 2 or

more credible witnesses at least 18 years of age, neither of

whom is the person designated as the standby guardian. The

designation may be proved by any competent evidence. If the

designation is executed and attested in the same manner as a

will, it shall have prima facie validity. Prior to designating

a proposed standby guardian, the guardian shall consult with

the person with a disability disabled person to determine the

disabled person's preference of the person with a disability as

to the person who will serve as standby guardian. The guardian

shall give due consideration to the preference of the person

with a disability disabled person in selecting a standby

guardian.

(b) Upon the filing of a petition for the appointment of a

standby guardian, the court may appoint a standby guardian of

the person or estate, or both, of the person with a disability

disabled person as the court finds to be in the best interest

of the person with a disability disabled person. The court

shall apply the same standards used in determining the

suitability of a plenary or limited guardian in determining the

suitability of a standby guardian, giving due consideration to

the preference of the person with a disability disabled person

as to a standby guardian. The court may not appoint the Office

of State Guardian, pursuant to Section 30 of the Guardianship

and Advocacy Act, or a public guardian, pursuant to Section

13-5 of this Act, as a standby guardian, without the written

consent of the State Guardian or public guardian or an

authorized representative of the State Guardian or public

guardian.

(c) The standby guardian shall take and file an oath or

affirmation that the standby guardian will faithfully

discharge the duties of the office of standby guardian

according to law, and shall file in and have approved by the

court a bond binding the standby guardian so to do, but shall

not be required to file a bond until the standby guardian

assumes all duties as guardian of the person with a disability

disabled person under Section 11a-18.2.

(d) The designation of a standby guardian may, but need

not, be in the following form:

DESIGNATION OF STANDBY GUARDIAN

[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:

A standby guardian is someone who has been appointed by

the court as the person who will act as guardian of the

person with a disability disabled person when the disabled

person's guardian of the person with a disability dies or

is no longer willing or able to make and carry out

day-to-day care decisions concerning the person with a

disability disabled person. By properly completing this

form, a guardian is naming the person that the guardian

wants to be appointed as the standby guardian of the person

with a disability disabled person. Signing the form does

not appoint the standby guardian; to be appointed, a

petition must be filed in and approved by the court.]

1. Guardian and Ward. I, (insert name of designating

guardian), currently residing at (insert address of

designating guardian), am the guardian of the following

person with a disability disabled person: (insert name of

ward).

2. Standby Guardian. I hereby designate the following

person to be appointed as standby guardian for my ward

listed above: (insert name and address of person

designated).

3. Successor Standby Guardian. If the person named in

item 2 above cannot or will not act as standby guardian, I

designate the following person to be appointed as successor

standby guardian for my ward: (insert name and address of

person designated).

4. Date and Signature. This designation is made this

(insert day) day of (insert month and year).

Signed: (designating guardian)

5. Witnesses. I saw the guardian sign this designation

or the guardian told me that the guardian signed this

designation. Then I signed the designation as a witness in

the presence of the guardian. I am not designated in this

instrument to act as a standby guardian for the guardian's

ward. (insert space for names, addresses, and signatures of

2 witnesses)

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-3.2)

Sec. 11a-3.2. Short-term guardian.

(a) The guardian of a person with a disability disabled

person may appoint in writing, without court approval, a

short-term guardian of the person with a disability disabled

person to take over the guardian's duties, to the extent

provided in Section 11a-18.3, each time the guardian is

unavailable or unable to carry out those duties. The guardian

shall consult with the person with a disability disabled person

to determine the disabled person's preference of the person

with a disability concerning the person to be appointed as

short-term guardian and the guardian shall give due

consideration to the disabled person's preference of the person

with a disability in choosing a short-term guardian. The

written instrument appointing a short-term guardian shall be

dated and shall identify the appointing guardian, the person

with a disability disabled person, the person appointed to be

the short-term guardian, and the termination date of the

appointment. The written instrument shall be signed by, or at

the direction of, the appointing guardian in the presence of at

least 2 credible witnesses at least 18 years of age, neither of

whom is the person appointed as the short-term guardian. The

person appointed as the short-term guardian shall also sign the

written instrument, but need not sign at the same time as the

appointing guardian. A guardian may not appoint the Office of

State Guardian or a public guardian as a short-term guardian,

without the written consent of the State Guardian or public

guardian or an authorized representative of the State Guardian

or public guardian.

(b) The appointment of the short-term guardian is effective

immediately upon the date the written instrument is executed,

unless the written instrument provides for the appointment to

become effective upon a later specified date or event. A

short-term guardian appointed by the guardian shall have

authority to act as guardian of the person with a disability

disabled person for a cumulative total of 60 days during any 12

month period. Only one written instrument appointing a

short-term guardian may be in force at any given time.

(c) Every appointment of a short-term guardian may be

amended or revoked by the appointing guardian at any time and

in any manner communicated to the short-term guardian or to any

other person. Any person other than the short-term guardian to

whom a revocation or amendment is communicated or delivered

shall make all reasonable efforts to inform the short-term

guardian of that fact as promptly as possible.

(d) The appointment of a short-term guardian or successor

short-term guardian does not affect the rights in the person

with a disability disabled person of any guardian other than

the appointing guardian.

(e) The written instrument appointing a short-term

guardian may, but need not, be in the following form:

APPOINTMENT OF SHORT-TERM GUARDIAN

[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:

By properly completing this form, a guardian is

appointing a short-term guardian of the person with a

disability disabled person for a cumulative total of up to

60 days during any 12 month period. A separate form shall

be completed each time a short-term guardian takes over

guardianship duties. The person or persons appointed as the

short-term guardian shall sign the form, but need not do so

at the same time as the guardian.]

1. Guardian and Ward. I, (insert name of appointing

guardian), currently residing at (insert address of

appointing guardian), am the guardian of the following

person with a disability disabled person: (insert name of

ward).

2. Short-term Guardian. I hereby appoint the following

person as the short-term guardian for my ward: (insert name

and address of appointed person).

3. Effective date. This appointment becomes effective:

(check one if you wish it to be applicable)

( ) On the date that I state in writing that I am no

longer either willing or able to make and carry out

day-to-day care decisions concerning my ward.

( ) On the date that a physician familiar with my

condition certifies in writing that I am no longer willing

or able to make and carry out day-to-day care decisions

concerning my ward.

( ) On the date that I am admitted as an in-patient to

a hospital or other health care institution.

( ) On the following date: (insert date).

( ) Other: (insert other).

[NOTE: If this item is not completed, the appointment

is effective immediately upon the date the form is signed

and dated below.]

4. Termination. This appointment shall terminate on:

(enter a date corresponding to 60 days from the current

date, less the number of days within the past 12 months

that any short-term guardian has taken over guardianship

duties), unless it terminates sooner as determined by the

event or date I have indicated below: (check one if you

wish it to be applicable)

( ) On the date that I state in writing that I am

willing and able to make and carry out day-to-day care

decisions concerning my ward.

( ) On the date that a physician familiar with my

condition certifies in writing that I am willing and able

to make and carry out day-to-day care decisions concerning

my ward.

( ) On the date that I am discharged from the hospital

or other health care institution where I was admitted as an

in-patient, which established the effective date.

( ) On the date which is (state a number of days) days

after the effective date.

( ) Other: (insert other).

[NOTE: If this item is not completed, the appointment

will be effective until the 60th day within the past year

during which time any short-term guardian of this ward had

taken over guardianship duties from the guardian,

beginning on the effective date.]

5. Date and signature of appointing guardian. This

appointment is made this (insert day) day of (insert month

and year).

Signed: (appointing guardian)

6. Witnesses. I saw the guardian sign this instrument

or I saw the guardian direct someone to sign this

instrument for the guardian. Then I signed this instrument

as a witness in the presence of the guardian. I am not

appointed in this instrument to act as the short-term

guardian for the guardian's ward. (insert space for names,

addresses, and signatures of 2 witnesses)

7. Acceptance of short-term guardian. I accept this

appointment as short-term guardian on this (insert day) day

of (insert month and year).

Signed: (short-term guardian)

(f) Each time the guardian appoints a short-term guardian,

the guardian shall: (i) provide the person with a disability

disabled person with the name, address, and telephone number of

the short-term guardian; (ii) advise the person with a

disability disabled person that he has the right to object to

the appointment of the short-term guardian by filing a petition

in court; and (iii) notify the person with a disability

disabled person when the short-term guardian will be taking

over guardianship duties and the length of time that the

short-term guardian will be acting as guardian.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)

Sec. 11a-4. Temporary guardian.

(a) Prior to the appointment of a guardian under this

Article, pending an appeal in relation to the appointment, or

pending the completion of a citation proceeding brought

pursuant to Section 23-3 of this Act, or upon a guardian's

death, incapacity, or resignation, the court may appoint a

temporary guardian upon a showing of the necessity therefor for

the immediate welfare and protection of the alleged person with

a disability disabled person or his or her estate on such

notice and subject to such conditions as the court may

prescribe. In determining the necessity for temporary

guardianship, the immediate welfare and protection of the

alleged person with a disability disabled person and his or her

estate shall be of paramount concern, and the interests of the

petitioner, any care provider, or any other party shall not

outweigh the interests of the alleged person with a disability

disabled person. The temporary guardian shall have all of the

powers and duties of a guardian of the person or of the estate

which are specifically enumerated by court order. The court

order shall state the actual harm identified by the court that

necessitates temporary guardianship or any extension thereof.

(b) The temporary guardianship shall expire within 60 days

after the appointment or whenever a guardian is regularly

appointed, whichever occurs first. No extension shall be

granted except:

(1) In a case where there has been an adjudication of

disability, an extension shall be granted:

(i) pending the disposition on appeal of an

adjudication of disability;

(ii) pending the completion of a citation

proceeding brought pursuant to Section 23-3;

(iii) pending the appointment of a successor

guardian in a case where the former guardian has

resigned, has become incapacitated, or is deceased; or

(iv) where the guardian's powers have been

suspended pursuant to a court order.

(2) In a case where there has not been an adjudication

of disability, an extension shall be granted pending the

disposition of a petition brought pursuant to Section 11a-8

so long as the court finds it is in the best interest of

the alleged person with a disability disabled person to

extend the temporary guardianship so as to protect the

alleged person with a disability disabled person from any

potential abuse, neglect, self-neglect, exploitation, or

other harm and such extension lasts no more than 120 days

from the date the temporary guardian was originally

appointed.

The ward shall have the right any time after the

appointment of a temporary guardian is made to petition the

court to revoke the appointment of the temporary guardian.

(Source: P.A. 97-614, eff. 1-1-12.)

(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)

Sec. 11a-5. Who may act as guardian.

(a) A person is qualified to act as guardian of the person

and as guardian of the estate of a person with a disability

disabled person if the court finds that the proposed guardian

is capable of providing an active and suitable program of

guardianship for the person with a disability disabled person

and that the proposed guardian:

(1) has attained the age of 18 years;

(2) is a resident of the United States;

(3) is not of unsound mind;

(4) is not an adjudged person with a disability

disabled person as defined in this Act; and

(5) has not been convicted of a felony, unless the

court finds appointment of the person convicted of a felony

to be in the disabled person's best interests of the person

with a disability, and as part of the best interest

determination, the court has considered the nature of the

offense, the date of offense, and the evidence of the

proposed guardian's rehabilitation. No person shall be

appointed who has been convicted of a felony involving harm

or threat to a minor or an elderly person or a person with

a disability or disabled person, including a felony sexual

offense.

(b) Any public agency, or not-for-profit corporation found

capable by the court of providing an active and suitable

program of guardianship for the person with a disability

disabled person, taking into consideration the nature of such

person's disability and the nature of such organization's

services, may be appointed guardian of the person or of the

estate, or both, of the person with a disability disabled

person. The court shall not appoint as guardian an agency which

is directly providing residential services to the ward. One

person or agency may be appointed guardian of the person and

another person or agency appointed guardian of the estate.

(c) Any corporation qualified to accept and execute trusts

in this State may be appointed guardian of the estate of a

person with a disability disabled person.

(Source: P.A. 98-120, eff. 1-1-14.)

(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6)

Sec. 11a-6. Designation of Guardian.) A person, while of

sound mind and memory, may designate in writing a person,

corporation or public agency qualified to act under Section

11a-5, to be appointed as guardian or as successor guardian of

his person or of his estate or both, in the event he is

adjudged to be a person with a disability disabled person. The

designation may be proved by any competent evidence, but if it

is executed and attested in the same manner as a will, it shall

have prima facie validity. If the court finds that the

appointment of the one designated will serve the best interests

and welfare of the ward, it shall make the appointment in

accordance with the designation. The selection of the guardian

shall be in the discretion of the court whether or not a

designation is made.

(Source: P.A. 81-795.)

(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)

Sec. 11a-8. Petition. The petition for adjudication of

disability and for the appointment of a guardian of the estate

or the person or both of an alleged person with a disability

disabled person must state, if known or reasonably

ascertainable: (a) the relationship and interest of the

petitioner to the respondent; (b) the name, date of birth, and

place of residence of the respondent; (c) the reasons for the

guardianship; (d) the name and post office address of the

respondent's guardian, if any, or of the respondent's agent or

agents appointed under the Illinois Power of Attorney Act, if

any; (e) the name and post office addresses of the nearest

relatives of the respondent in the following order: (1) the

spouse and adult children, parents and adult brothers and

sisters, if any; if none, (2) nearest adult kindred known to

the petitioner; (f) the name and address of the person with

whom or the facility in which the respondent is residing; (g)

the approximate value of the personal and real estate; (h) the

amount of the anticipated annual gross income and other

receipts; (i) the name, post office address and in case of an

individual, the age, relationship to the respondent and

occupation of the proposed guardian. In addition, if the

petition seeks the appointment of a previously appointed

standby guardian as guardian of the person with a disability

disabled person, the petition must also state: (j) the facts

concerning the standby guardian's previous appointment and (k)

the date of death of the disabled person's guardian of the

person with a disability or the facts concerning the consent of

the disabled person's guardian of the person with a disability

to the appointment of the standby guardian as guardian, or the

willingness and ability of the disabled person's guardian of

the person with a disability to make and carry out day-to-day

care decisions concerning the person with a disability disabled

person. A petition for adjudication of disability and the

appointment of a guardian of the estate or the person or both

of an alleged person with a disability disabled person may not

be dismissed or withdrawn without leave of the court.

(Source: P.A. 89-396, eff. 8-20-95; 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-8.1)

Sec. 11a-8.1. Petition for standby guardian of the person

with a disability disabled person. The petition for appointment

of a standby guardian of the person or the estate, or both, of

a person with a disability disabled person must state, if

known: (a) the name, date of birth, and residence of the person

with a disability disabled person; (b) the names and post

office addresses of the nearest relatives of the person with a

disability disabled person in the following order: (1) the

spouse and adult children, parents and adult brothers and

sisters, if any; if none, (2) nearest adult kindred known to

the petitioner; (c) the name and post office address of the

person having guardianship of the person with a disability

disabled person, and of any person or persons acting as agents

of the person with a disability disabled person under the

Illinois Power of Attorney Act; (d) the name, post office

address, and, in case of any individual, the age and occupation

of the proposed standby guardian; (e) the preference of the

person with a disability disabled person as to the choice of

standby guardian; (f) the facts concerning the consent of the

disabled person's guardian of the person with a disability to

the appointment of the standby guardian, or the willingness and

ability of the disabled person's guardian of the person with a

disability to make and carry out day-to-day care decisions

concerning the person with a disability disabled person; (g)

the facts concerning the execution or admission to probate of

the written designation of the standby guardian, if any, a copy

of which shall be attached to or filed with the petition; (h)

the facts concerning any guardianship court actions pending

concerning the person with a disability disabled person; and

(i) the facts concerning the willingness of the proposed

standby guardian to serve, and in the case of the Office of

State Guardian and any public guardian, evidence of a written

acceptance to serve signed by the State Guardian or public

guardian or an authorized representative of the State Guardian

or public guardian, consistent with subsection (b) of Section

11a-3.1.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)

Sec. 11a-10. Procedures preliminary to hearing.

(a) Upon the filing of a petition pursuant to Section

11a-8, the court shall set a date and place for hearing to take

place within 30 days. The court shall appoint a guardian ad

litem to report to the court concerning the respondent's best

interests consistent with the provisions of this Section,

except that the appointment of a guardian ad litem shall not be

required when the court determines that such appointment is not

necessary for the protection of the respondent or a reasonably

informed decision on the petition. If the guardian ad litem is

not a licensed attorney, he or she shall be qualified, by

training or experience, to work with or advocate for persons

with developmental disabilities the developmentally disabled,

the mentally ill, persons with physical disabilities

physically disabled, the elderly, or persons with a disability

due to disabled because of mental deterioration, depending on

the type of disability that is alleged in the petition. The

court may allow the guardian ad litem reasonable compensation.

The guardian ad litem may consult with a person who by training

or experience is qualified to work with persons with a

developmental disability, persons with mental illness, or

persons with physical disabilities physically disabled

persons, or persons with a disability due to disabled because

of mental deterioration, depending on the type of disability

that is alleged. The guardian ad litem shall personally observe

the respondent prior to the hearing and shall inform him orally

and in writing of the contents of the petition and of his

rights under Section 11a-11. The guardian ad litem shall also

attempt to elicit the respondent's position concerning the

adjudication of disability, the proposed guardian, a proposed

change in residential placement, changes in care that might

result from the guardianship, and other areas of inquiry deemed

appropriate by the court. Notwithstanding any provision in the

Mental Health and Developmental Disabilities Confidentiality

Act or any other law, a guardian ad litem shall have the right

to inspect and copy any medical or mental health record of the

respondent which the guardian ad litem deems necessary,

provided that the information so disclosed shall not be

utilized for any other purpose nor be redisclosed except in

connection with the proceedings. At or before the hearing, the

guardian ad litem shall file a written report detailing his or

her observations of the respondent, the responses of the

respondent to any of the inquires detailed in this Section, the

opinion of the guardian ad litem or other professionals with

whom the guardian ad litem consulted concerning the

appropriateness of guardianship, and any other material issue

discovered by the guardian ad litem. The guardian ad litem

shall appear at the hearing and testify as to any issues

presented in his or her report.

(b) The court (1) may appoint counsel for the respondent,

if the court finds that the interests of the respondent will be

best served by the appointment, and (2) shall appoint counsel

upon respondent's request or if the respondent takes a position

adverse to that of the guardian ad litem. The respondent shall

be permitted to obtain the appointment of counsel either at the

hearing or by any written or oral request communicated to the

court prior to the hearing. The summons shall inform the

respondent of this right to obtain appointed counsel. The court

may allow counsel for the respondent reasonable compensation.

(c) If the respondent is unable to pay the fee of the

guardian ad litem or appointed counsel, or both, the court may

enter an order for the petitioner to pay all such fees or such

amounts as the respondent or the respondent's estate may be

unable to pay. However, in cases where the Office of State

Guardian is the petitioner, consistent with Section 30 of the

Guardianship and Advocacy Act, where the public guardian is the

petitioner, consistent with Section 13-5 of the Probate Act of

1975, where an adult protective services agency is the

petitioner, pursuant to Section 9 of the Adult Protective

Services Act, or where the Department of Children and Family

Services is the petitioner under subparagraph (d) of subsection

(1) of Section 2-27 of the Juvenile Court Act of 1987, no

guardian ad litem or legal fees shall be assessed against the

Office of State Guardian, the public guardian, the adult

protective services agency, or the Department of Children and

Family Services.

(d) The hearing may be held at such convenient place as the

court directs, including at a facility in which the respondent

resides.

(e) Unless he is the petitioner, the respondent shall be

personally served with a copy of the petition and a summons not

less than 14 days before the hearing. The summons shall be

printed in large, bold type and shall include the following

notice:

NOTICE OF RIGHTS OF RESPONDENT

You have been named as a respondent in a guardianship

petition asking that you be declared a person with a disability

disabled person. If the court grants the petition, a guardian

will be appointed for you. A copy of the guardianship petition

is attached for your convenience.

The date and time of the hearing are:

The place where the hearing will occur is:

The Judge's name and phone number is:

If a guardian is appointed for you, the guardian may be

given the right to make all important personal decisions for

you, such as where you may live, what medical treatment you may

receive, what places you may visit, and who may visit you. A

guardian may also be given the right to control and manage your

money and other property, including your home, if you own one.

You may lose the right to make these decisions for yourself.

You have the following legal rights:

(1) You have the right to be present at the court

hearing.

(2) You have the right to be represented by a lawyer,

either one that you retain, or one appointed by the Judge.

(3) You have the right to ask for a jury of six persons

to hear your case.

(4) You have the right to present evidence to the court

and to confront and cross-examine witnesses.

(5) You have the right to ask the Judge to appoint an

independent expert to examine you and give an opinion about

your need for a guardian.

(6) You have the right to ask that the court hearing be

closed to the public.

(7) You have the right to tell the court whom you

prefer to have for your guardian.

You do not have to attend the court hearing if you do not

want to be there. If you do not attend, the Judge may appoint a

guardian if the Judge finds that a guardian would be of benefit

to you. The hearing will not be postponed or canceled if you do

not attend.

IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO

NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE

PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.

IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER

PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND

TELL THE JUDGE.

Service of summons and the petition may be made by a

private person 18 years of age or over who is not a party to the

action.

(f) Notice of the time and place of the hearing shall be

given by the petitioner by mail or in person to those persons,

including the proposed guardian, whose names and addresses

appear in the petition and who do not waive notice, not less

than 14 days before the hearing.

(Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12;

98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, eff. 7-16-14.)

(755 ILCS 5/11a-10.2)

Sec. 11a-10.2. Procedure for appointment of a standby

guardian or a guardian of a person with a disability disabled

person. In any proceeding for the appointment of a standby

guardian or a guardian the court may appoint a guardian ad

litem to represent the person with a disability disabled person

in the proceeding.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)

Sec. 11a-11. Hearing.

(a) The respondent is entitled to be represented by

counsel, to demand a jury of 6 persons, to present evidence,

and to confront and cross-examine all witnesses. The hearing

may be closed to the public on request of the respondent, the

guardian ad litem, or appointed or other counsel for the

respondent. Unless excused by the court upon a showing that the

respondent refuses to be present or will suffer harm if

required to attend, the respondent shall be present at the

hearing.

(b) (Blank).

(c) (Blank).

(d) In an uncontested proceeding for the appointment of a

guardian the person who prepared the report required by Section

11a-9 will only be required to testify at trial upon order of

court for cause shown.

(e) At the hearing the court shall inquire regarding: (1)

the nature and extent of respondent's general intellectual and

physical functioning; (2) the extent of the impairment of his

adaptive behavior if he is a person with a developmental

disability, or the nature and severity of his mental illness if

he is a person with mental illness; (3) the understanding and

capacity of the respondent to make and communicate responsible

decisions concerning his person; (4) the capacity of the

respondent to manage his estate and his financial affairs; (5)

the appropriateness of proposed and alternate living

arrangements; (6) the impact of the disability upon the

respondent's functioning in the basic activities of daily

living and the important decisions faced by the respondent or

normally faced by adult members of the respondent's community;

and (7) any other area of inquiry deemed appropriate by the

court.

(f) An authenticated transcript of the evidence taken in a

judicial proceeding concerning the respondent under the Mental

Health and Developmental Disabilities Code is admissible in

evidence at the hearing.

(g) If the petition is for the appointment of a guardian

for a beneficiary disabled beneficiary of the Veterans

Administration who has a disability, a certificate of the

Administrator of Veterans Affairs or his representative

stating that the beneficiary has been determined to be

incompetent by the Veterans Administration on examination in

accordance with the laws and regulations governing the Veterans

Administration in effect upon the date of the issuance of the

certificate and that the appointment of a guardian is a

condition precedent to the payment of any money due the

beneficiary by the Veterans Administration, is admissible in

evidence at the hearing.

(Source: P.A. 98-1094, eff. 1-1-15.)

(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)

Sec. 11a-12. Order of appointment.)

(a) If basis for the appointment of a guardian as specified

in Section 11a-3 is not found, the court shall dismiss the

petition.

(b) If the respondent is adjudged to be a person with a

disability disabled and to lack some but not all of the

capacity as specified in Section 11a-3, and if the court finds

that guardianship is necessary for the protection of the person

with a disability disabled person, his or her estate, or both,

the court shall appoint a limited guardian for the respondent's

person or estate or both. The court shall enter a written order

stating the factual basis for its findings and specifying the

duties and powers of the guardian and the legal disabilities to

which the respondent is subject.

(c) If the respondent is adjudged to be a person with a

disability disabled and to be totally without capacity as

specified in Section 11a-3, and if the court finds that limited

guardianship will not provide sufficient protection for the

person with a disability disabled person, his or her estate, or

both, the court shall appoint a plenary guardian for the

respondent's person or estate or both. The court shall enter a

written order stating the factual basis for its findings.

(d) The selection of the guardian shall be in the

discretion of the court, which shall give due consideration to

the preference of the person with a disability disabled person

as to a guardian, as well as the qualifications of the proposed

guardian, in making its appointment. However, the paramount

concern in the selection of the guardian is the best interest

and well-being of the person with a disability disabled person.

(Source: P.A. 97-1093, eff. 1-1-13; 98-1094, eff. 1-1-15.)

(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)

Sec. 11a-13. Costs in certain cases.) (a) No costs may be

taxed or charged by any public officer in any proceeding for

the appointment of a guardian or for any subsequent proceeding

or report made in pursuance of the appointment when the primary

purpose of the appointment is as set forth in Section 11-11 or

is the management of the estate of a person with a mental

disability mentally disabled person who resides in a state

mental health or developmental disabilities facility when the

value of the personal estate does not exceed $1,000.

(b) No costs shall be taxed or charged against the Office

of the State Guardian by any public officer in any proceeding

for the appointment of a guardian or for any subsequent

proceeding or report made in pursuance of the appointment.

(Source: P.A. 80-1415.)

(755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16)

Sec. 11a-16. Testamentary guardian.) A parent of a person

with a disability disabled person may designate by will a

person, corporation or public agency qualified to act under

Section 11a-5, to be appointed as guardian or as successor

guardian of the person or of the estate or both of that person.

If a conservator appointed under a prior law or a guardian

appointed under this Article is acting at the time of the death

of the parent, the designation shall become effective only upon

the death, incapacity, resignation or removal of the

conservator or guardian. If no conservator or guardian is

acting at the time of the death of the parent, the person,

corporation or public agency so designated or any other person

may petition the court having jurisdiction over the person or

estate or both of the child for the appointment of the one so

designated. The designation shall be proved in the manner

provided for proof of will. Admission of the will to probate in

any other jurisdiction shall be conclusive proof of the

validity of the designation. If the court finds that the

appointment of the one so designated will serve the best

interests and welfare of the ward, it shall appoint the one so

designated. The selection of a guardian shall be in the

discretion of the court, whether or not a designation is made.

(Source: P.A. 81-795.)

(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)

Sec. 11a-17. Duties of personal guardian.

(a) To the extent ordered by the court and under the

direction of the court, the guardian of the person shall have

custody of the ward and the ward's minor and adult dependent

children and shall procure for them and shall make provision

for their support, care, comfort, health, education and

maintenance, and professional services as are appropriate, but

the ward's spouse may not be deprived of the custody and

education of the ward's minor and adult dependent children,

without the consent of the spouse, unless the court finds that

the spouse is not a fit and competent person to have that

custody and education. The guardian shall assist the ward in

the development of maximum self-reliance and independence. The

guardian of the person may petition the court for an order

directing the guardian of the estate to pay an amount

periodically for the provision of the services specified by the

court order. If the ward's estate is insufficient to provide

for education and the guardian of the ward's person fails to

provide education, the court may award the custody of the ward

to some other person for the purpose of providing education. If

a person makes a settlement upon or provision for the support

or education of a ward, the court may make an order for the

visitation of the ward by the person making the settlement or

provision as the court deems proper. A guardian of the person

may not admit a ward to a mental health facility except at the

ward's request as provided in Article IV of the Mental Health

and Developmental Disabilities Code and unless the ward has the

capacity to consent to such admission as provided in Article IV

of the Mental Health and Developmental Disabilities Code.

(a-5) If the ward filed a petition for dissolution of

marriage under the Illinois Marriage and Dissolution of

Marriage Act before the ward was adjudicated a person with a

disability disabled person under this Article, the guardian of

the ward's person and estate may maintain that action for

dissolution of marriage on behalf of the ward. Upon petition by

the guardian of the ward's person or estate, the court may

authorize and direct a guardian of the ward's person or estate

to file a petition for dissolution of marriage or to file a

petition for legal separation or declaration of invalidity of

marriage under the Illinois Marriage and Dissolution of

Marriage Act on behalf of the ward if the court finds by clear

and convincing evidence that the relief sought is in the ward's

best interests. In making its determination, the court shall

consider the standards set forth in subsection (e) of this

Section.

(a-10) Upon petition by the guardian of the ward's person

or estate, the court may authorize and direct a guardian of the

ward's person or estate to consent, on behalf of the ward, to

the ward's marriage pursuant to Part II of the Illinois

Marriage and Dissolution of Marriage Act if the court finds by

clear and convincing evidence that the marriage is in the

ward's best interests. In making its determination, the court

shall consider the standards set forth in subsection (e) of

this Section. Upon presentation of a court order authorizing

and directing a guardian of the ward's person and estate to

consent to the ward's marriage, the county clerk shall accept

the guardian's application, appearance, and signature on

behalf of the ward for purposes of issuing a license to marry

under Section 203 of the Illinois Marriage and Dissolution of

Marriage Act.

(b) If the court directs, the guardian of the person shall

file with the court at intervals indicated by the court, a

report that shall state briefly: (1) the current mental,

physical, and social condition of the ward and the ward's minor

and adult dependent children; (2) their present living

arrangement, and a description and the address of every

residence where they lived during the reporting period and the

length of stay at each place; (3) a summary of the medical,

educational, vocational, and other professional services given

to them; (4) a resume of the guardian's visits with and

activities on behalf of the ward and the ward's minor and adult

dependent children; (5) a recommendation as to the need for

continued guardianship; (6) any other information requested by

the court or useful in the opinion of the guardian. The Office

of the State Guardian shall assist the guardian in filing the

report when requested by the guardian. The court may take such

action as it deems appropriate pursuant to the report.

(c) Absent court order pursuant to the Illinois Power of

Attorney Act directing a guardian to exercise powers of the

principal under an agency that survives disability, the

guardian has no power, duty, or liability with respect to any

personal or health care matters covered by the agency. This

subsection (c) applies to all agencies, whenever and wherever

executed.

(d) A guardian acting as a surrogate decision maker under

the Health Care Surrogate Act shall have all the rights of a

surrogate under that Act without court order including the

right to make medical treatment decisions such as decisions to

forgo or withdraw life-sustaining treatment. Any decisions by

the guardian to forgo or withdraw life-sustaining treatment

that are not authorized under the Health Care Surrogate Act

shall require a court order. Nothing in this Section shall

prevent an agent acting under a power of attorney for health

care from exercising his or her authority under the Illinois

Power of Attorney Act without further court order, unless a

court has acted under Section 2-10 of the Illinois Power of

Attorney Act. If a guardian is also a health care agent for the

ward under a valid power of attorney for health care, the

guardian acting as agent may execute his or her authority under

that act without further court order.

(e) Decisions made by a guardian on behalf of a ward shall

be made in accordance with the following standards for decision

making. Decisions made by a guardian on behalf of a ward may be

made by conforming as closely as possible to what the ward, if

competent, would have done or intended under the circumstances,

taking into account evidence that includes, but is not limited

to, the ward's personal, philosophical, religious and moral

beliefs, and ethical values relative to the decision to be made

by the guardian. Where possible, the guardian shall determine

how the ward would have made a decision based on the ward's

previously expressed preferences, and make decisions in

accordance with the preferences of the ward. If the ward's

wishes are unknown and remain unknown after reasonable efforts

to discern them, the decision shall be made on the basis of the

ward's best interests as determined by the guardian. In

determining the ward's best interests, the guardian shall weigh

the reason for and nature of the proposed action, the benefit

or necessity of the action, the possible risks and other

consequences of the proposed action, and any available

alternatives and their risks, consequences and benefits, and

shall take into account any other information, including the

views of family and friends, that the guardian believes the

ward would have considered if able to act for herself or

himself.

(f) Upon petition by any interested person (including the

standby or short-term guardian), with such notice to interested

persons as the court directs and a finding by the court that it

is in the best interest of the person with a disability

disabled person, the court may terminate or limit the authority

of a standby or short-term guardian or may enter such other

orders as the court deems necessary to provide for the best

interest of the person with a disability disabled person. The

petition for termination or limitation of the authority of a

standby or short-term guardian may, but need not, be combined

with a petition to have another guardian appointed for the

person with a disability disabled person.

(Source: P.A. 98-1107, eff. 8-26-14.)

(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)

Sec. 11a-18. Duties of the estate guardian.

(a) To the extent specified in the order establishing the

guardianship, the guardian of the estate shall have the care,

management and investment of the estate, shall manage the

estate frugally and shall apply the income and principal of the

estate so far as necessary for the comfort and suitable support

and education of the ward, his minor and adult dependent

children, and persons related by blood or marriage who are

dependent upon or entitled to support from him, or for any

other purpose which the court deems to be for the best

interests of the ward, and the court may approve the making on

behalf of the ward of such agreements as the court determines

to be for the ward's best interests. The guardian may make

disbursement of his ward's funds and estate directly to the

ward or other distributee or in such other manner and in such

amounts as the court directs. If the estate of a ward is

derived in whole or in part from payments of compensation,

adjusted compensation, pension, insurance or other similar

benefits made directly to the estate by the Veterans

Administration, notice of the application for leave to invest

or expend the ward's funds or estate, together with a copy of

the petition and proposed order, shall be given to the

Veterans' Administration Regional Office in this State at least

7 days before the hearing on the application.

(a-5) The probate court, upon petition of a guardian, other

than the guardian of a minor, and after notice to all other

persons interested as the court directs, may authorize the

guardian to exercise any or all powers over the estate and

business affairs of the ward that the ward could exercise if

present and not under disability. The court may authorize the

taking of an action or the application of funds not required

for the ward's current and future maintenance and support in

any manner approved by the court as being in keeping with the

ward's wishes so far as they can be ascertained. The court must

consider the permanence of the ward's disabling condition and

the natural objects of the ward's bounty. In ascertaining and

carrying out the ward's wishes the court may consider, but

shall not be limited to, minimization of State or federal

income, estate, or inheritance taxes; and providing gifts to

charities, relatives, and friends that would be likely

recipients of donations from the ward. The ward's wishes as

best they can be ascertained shall be carried out, whether or

not tax savings are involved. Actions or applications of funds

may include, but shall not be limited to, the following:

(1) making gifts of income or principal, or both, of

the estate, either outright or in trust;

(2) conveying, releasing, or disclaiming his or her

contingent and expectant interests in property, including

marital property rights and any right of survivorship

incident to joint tenancy or tenancy by the entirety;

(3) releasing or disclaiming his or her powers as

trustee, personal representative, custodian for minors, or

guardian;

(4) exercising, releasing, or disclaiming his or her

powers as donee of a power of appointment;

(5) entering into contracts;

(6) creating for the benefit of the ward or others,

revocable or irrevocable trusts of his or her property that

may extend beyond his or her disability or life;

(7) exercising options of the ward to purchase or

exchange securities or other property;

(8) exercising the rights of the ward to elect benefit

or payment options, to terminate, to change beneficiaries

or ownership, to assign rights, to borrow, or to receive

cash value in return for a surrender of rights under any

one or more of the following:

(i) life insurance policies, plans, or benefits,

(ii) annuity policies, plans, or benefits,

(iii) mutual fund and other dividend investment

plans,

(iv) retirement, profit sharing, and employee

welfare plans and benefits;

(9) exercising his or her right to claim or disclaim an

elective share in the estate of his or her deceased spouse

and to renounce any interest by testate or intestate

succession or by inter vivos transfer;

(10) changing the ward's residence or domicile; or

(11) modifying by means of codicil or trust amendment

the terms of the ward's will or any revocable trust created

by the ward, as the court may consider advisable in light

of changes in applicable tax laws.

The guardian in his or her petition shall briefly outline

the action or application of funds for which he or she seeks

approval, the results expected to be accomplished thereby, and

the tax savings, if any, expected to accrue. The proposed

action or application of funds may include gifts of the ward's

personal property or real estate, but transfers of real estate

shall be subject to the requirements of Section 20 of this Act.

Gifts may be for the benefit of prospective legatees, devisees,

or heirs apparent of the ward or may be made to individuals or

charities in which the ward is believed to have an interest.

The guardian shall also indicate in the petition that any

planned disposition is consistent with the intentions of the

ward insofar as they can be ascertained, and if the ward's

intentions cannot be ascertained, the ward will be presumed to

favor reduction in the incidents of various forms of taxation

and the partial distribution of his or her estate as provided

in this subsection. The guardian shall not, however, be

required to include as a beneficiary or fiduciary any person

who he has reason to believe would be excluded by the ward. A

guardian shall be required to investigate and pursue a ward's

eligibility for governmental benefits.

(b) Upon the direction of the court which issued his

letters, a guardian may perform the contracts of his ward which

were legally subsisting at the time of the commencement of the

ward's disability. The court may authorize the guardian to

execute and deliver any bill of sale, deed or other instrument.

(c) The guardian of the estate of a ward shall appear for

and represent the ward in all legal proceedings unless another

person is appointed for that purpose as guardian or next

friend. This does not impair the power of any court to appoint

a guardian ad litem or next friend to defend the interests of

the ward in that court, or to appoint or allow any person as

the next friend of a ward to commence, prosecute or defend any

proceeding in his behalf. Without impairing the power of the

court in any respect, if the guardian of the estate of a ward

and another person as next friend shall appear for and

represent the ward in a legal proceeding in which the

compensation of the attorney or attorneys representing the

guardian and next friend is solely determined under a

contingent fee arrangement, the guardian of the estate of the

ward shall not participate in or have any duty to review the

prosecution of the action, to participate in or review the

appropriateness of any settlement of the action, or to

participate in or review any determination of the

appropriateness of any fees awarded to the attorney or

attorneys employed in the prosecution of the action.

(d) Adjudication of disability shall not revoke or

otherwise terminate a trust which is revocable by the ward. A

guardian of the estate shall have no authority to revoke a

trust that is revocable by the ward, except that the court may

authorize a guardian to revoke a Totten trust or similar

deposit or withdrawable capital account in trust to the extent

necessary to provide funds for the purposes specified in

paragraph (a) of this Section. If the trustee of any trust for

the benefit of the ward has discretionary power to apply income

or principal for the ward's benefit, the trustee shall not be

required to distribute any of the income or principal to the

guardian of the ward's estate, but the guardian may bring an

action on behalf of the ward to compel the trustee to exercise

the trustee's discretion or to seek relief from an abuse of

discretion. This paragraph shall not limit the right of a

guardian of the estate to receive accountings from the trustee

on behalf of the ward.

(e) Absent court order pursuant to the Illinois Power of

Attorney Act directing a guardian to exercise powers of the

principal under an agency that survives disability, the

guardian will have no power, duty or liability with respect to

any property subject to the agency. This subsection (e) applies

to all agencies, whenever and wherever executed.

(f) Upon petition by any interested person (including the

standby or short-term guardian), with such notice to interested

persons as the court directs and a finding by the court that it

is in the best interest of the person with a disability

disabled person, the court may terminate or limit the authority

of a standby or short-term guardian or may enter such other

orders as the court deems necessary to provide for the best

interest of the person with a disability disabled person. The

petition for termination or limitation of the authority of a

standby or short-term guardian may, but need not, be combined

with a petition to have another guardian appointed for the

person with a disability disabled person.

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

(755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1)

Sec. 11a-18.1. Conditional gifts. (a) The court may

authorize and direct the guardian of the estate to make

conditional gifts from the estate of a person with a disability

disabled person to any spouse, parent, brother or sister of the

person with a disability disabled person who dedicates himself

or herself to the care of the person with a disability disabled

person by living with and personally caring for the person with

a disability disabled person for at least 3 years. It shall be

presumed that the person with a disability disabled person

intends to make such conditional gifts.

(b) A conditional gift shall not be distributed to the

donee until the death of the person with a disability disabled

person. The court may impose such other conditions on the gift

as the court deems just and reasonable. The court may provide

for an alternate disposition of the gift should the donee die

before the person with a disability disabled person; provided

that if no such alternate disposition is made, the conditional

gift shall lapse upon the death of the donee prior to the death

of the person with a disability disabled person. A conditional

gift may be modified or revoked by the court at any time.

(c) The guardian of the estate, the spouse, parent, brother

or sister of a person with a disability disabled person, or any

other interested person may petition the court to authorize and

direct the guardian of the estate to make a conditional gift or

to modify, revoke or distribute a conditional gift. All persons

who would be heirs of the person with a disability disabled

person if the person with a disability disabled person died on

the date the petition is filed (or the heirs if the person with

a disability disabled person is deceased) and all legatees

under any known last will of the person with a disability

disabled person shall be given reasonable notice of the hearing

on the petition by certified U. S. mail, return receipt

requested. If a trustee is a legatee, notice shall be given to

the trustee and need not be given to the trust beneficiaries.

Any person entitled to notice of the hearing may appear and

object to the petition. The giving of the notice of the hearing

to those persons entitled to notice shall cause the decision

and order of the court to be binding upon all other persons who

otherwise may be interested or may become interested in the

estate of the person with a disability disabled person.

(d) The guardian of the estate shall set aside conditional

gifts in a separate fund for each donee and shall hold and

invest each fund as part of the estate of the person with a

disability disabled person. Upon order of the court, any

conditional gift may be revoked or modified in whole or part so

that the assets may be used for the care and comfort of the

person with a disability disabled person should funds otherwise

available for such purposes be inadequate.

(e) Upon the death of the person with a disability disabled

person, the guardian of the estate shall hold each special fund

as trustee and shall petition the court for authorization to

distribute the special fund and for any other appropriate

relief. The court shall order distribution upon such terms and

conditions as the court deems just and reasonable.

(Source: P.A. 85-1417.)

(755 ILCS 5/11a-18.2)

Sec. 11a-18.2. Duties of standby guardian of a person with

a disability disabled person.

(a) Before a standby guardian of a person with a disability

disabled person may act, the standby guardian must be appointed

by the court of the proper county and, in the case of a standby

guardian of the disabled person's estate of the person with a

disability, the standby guardian must give the bond prescribed

in subsection (c) of Section 11a-3.1 and Section 12-2.

(b) The standby guardian shall not have any duties or

authority to act until the standby guardian receives knowledge

of the death or consent of the disabled person's guardian of

the person with a disability, or the inability of the disabled

person's guardian of the person with a disability to make and

carry out day-to-day care decisions concerning the person with

a disability disabled person for whom the standby guardian has

been appointed. This inability of the disabled person's

guardian of the person with a disability to make and carry out

day-to-day care decisions may be communicated either by the

guardian's own admission or by the written certification of the

guardian's attending physician. Immediately upon receipt of

that knowledge, the standby guardian shall assume all duties as

guardian of the person with a disability disabled person as

previously determined by the order appointing the standby

guardian, and as set forth in Sections 11a-17 and 11a-18, and

the standby guardian of the person shall have the authority to

act as guardian of the person without direction of court for a

period of up to 60 days, provided that the authority of the

standby guardian may be limited or terminated by a court of

competent jurisdiction.

(c) Within 60 days of the standby guardian's receipt of

knowledge of the death or consent of the disabled person's

guardian of the person with a disability, or the inability of

the disabled person's guardian of the person with a disability

to make and carry out day-to-day care decisions concerning the

person with a disability disabled person, the standby guardian

shall file or cause to be filed a petition for the appointment

of a guardian of the person or estate, or both, of the person

with a disability disabled person under Section 11a-3.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-18.3)

Sec. 11a-18.3. Duties of short-term guardian of a person

with a disability disabled person.

(a) Immediately upon the effective date of the appointment

of a short-term guardian, the short-term guardian shall assume

all duties as short-term guardian of the person with a

disability disabled person as provided in this Section. The

short-term guardian of the person shall have authority to act

as short-term guardian, without direction of the court, for the

duration of the appointment, which in no case shall exceed a

cumulative total of 60 days in any 12 month period for all

short-term guardians appointed by the guardian. The authority

of the short-term guardian may be limited or terminated by a

court of competent jurisdiction.

(b) Unless further specifically limited by the instrument

appointing the short-term guardian, a short-term guardian

shall have the authority to act as a guardian of the person of

a person with a disability disabled person as prescribed in

Section 11a-17, but shall not have any authority to act as

guardian of the estate of a person with a disability disabled

person, except that a short-term guardian shall have the

authority to apply for and receive on behalf of the person with

a disability disabled person benefits to which the person with

a disability disabled person may be entitled from or under

federal, State, or local organizations or programs.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)

Sec. 11a-20. Termination of adjudication of disability -

Revocation of letters - modification.)

(a) Except as provided in subsection (b-5), upon the filing

of a petition by or on behalf of a person with a disability

disabled person or on its own motion, the court may terminate

the adjudication of disability of the ward, revoke the letters

of guardianship of the estate or person, or both, or modify the

duties of the guardian if the ward's capacity to perform the

tasks necessary for the care of his person or the management of

his estate has been demonstrated by clear and convincing

evidence. A report or testimony by a licensed physician is not

a prerequisite for termination, revocation or modification of a

guardianship order under this subsection (a).

(b) Except as provided in subsection (b-5), a request by

the ward or any other person on the ward's behalf, under this

Section may be communicated to the court or judge by any means,

including but not limited to informal letter, telephone call or

visit. Upon receipt of a request from the ward or another

person, the court may appoint a guardian ad litem to

investigate and report to the court concerning the allegations

made in conjunction with said request, and if the ward wishes

to terminate, revoke, or modify the guardianship order, to

prepare the ward's petition and to render such other services

as the court directs.

(b-5) Upon the filing of a verified petition by the

guardian of the person with a disability disabled person or the

person with a disability disabled person, the court may

terminate the adjudication of disability of the ward, revoke

the letters of guardianship of the estate or person, or both,

or modify the duties of the guardian if: (i) a report completed

in accordance with subsection (a) of Section 11a-9 states that

the person with a disability disabled person is no longer in

need of guardianship or that the type and scope of guardianship

should be modified; (ii) the person with a disability disabled

person no longer wishes to be under guardianship or desires

that the type and scope of guardianship be modified; and (iii)

the guardian of the person with a disability disabled person

states that it is in the best interest of the person with a

disability disabled person to terminate the adjudication of

disability of the ward, revoke the letters of guardianship of

the estate or person, or both, or modify the duties of the

guardian, and provides the basis thereof. In a proceeding

brought pursuant to this subsection (b-5), the court may

terminate the adjudication of disability of the ward, revoke

the letters of guardianship of the estate or person, or both,

or modify the duties of the guardian, unless it has been

demonstrated by clear and convincing evidence that the ward is

incapable of performing the tasks necessary for the care of his

or her person or the management of his or her estate.

(c) Notice of the hearing on a petition under this Section,

together with a copy of the petition, shall be given to the

ward, unless he is the petitioner, and to each and every

guardian to whom letters of guardianship have been issued and

not revoked, not less than 14 days before the hearing.

(Source: P.A. 97-1093, eff. 1-1-13.)

(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)

Sec. 11a-22. Trade and contracts with a person with a

disability disabled person.

(a) Anyone who by trading with, bartering, gaming or any

other device, wrongfully possesses himself of any property of a

person known to be a person with a disability disabled person

commits a Class A misdemeanor.

(b) Every note, bill, bond or other contract by any person

for whom a plenary guardian has been appointed or who is

adjudged to be unable to so contract is void as against that

person and his estate, but a person making a contract with the

person so adjudged is bound thereby.

(Source: P.A. 91-357, eff. 7-29-99.)

(755 ILCS 5/11a-24)

Sec. 11a-24. Notification; Department of State Police.

When a court adjudges a respondent to be a person with a

disability disabled person under this Article, the court shall

direct the circuit court clerk to notify the Department of

State Police, Firearm Owner's Identification (FOID) Office, in

a form and manner prescribed by the Department of State Police,

and shall forward a copy of the court order to the Department

no later than 7 days after the entry of the order. Upon receipt

of the order, the Department of State Police shall provide

notification to the National Instant Criminal Background Check

System.

(Source: P.A. 98-63, eff. 7-9-13.)

(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)

Sec. 12-2. Individual representative; oath and bond.

(a) Except as provided in subsection (b), before

undertaking the representative's duties, every individual

representative shall take and file an oath or affirmation that

the individual will faithfully discharge the duties of the

office of the representative according to law and shall file in

and have approved by the court a bond binding the individual

representative so to do. The court may waive the filing of a

bond of a representative of the person of a ward or of a

standby guardian of a minor or person with a disability

disabled person.

(b) Where bond or security is excused by the will or as

provided in subsection (b) of Section 12-4, the bond of the

representative in the amount from time to time required under

this Article shall be in full force and effect without writing,

unless the court requires the filing of a written bond.

(Source: P.A. 90-796, eff. 12-15-98.)

(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)

Sec. 12-4. When security excused or specified.)

(a) Except as provided in paragraph (c) of Section 6-13

with respect to a nonresident executor, no security is required

of a person who is excused by the will from giving bond or

security and no greater security than is specified by the will

is required, unless in either case the court, from its own

knowledge or the suggestion of any interested person, has cause

to suspect the representative of fraud or incompetence or

believes that the estate of the decedent will not be sufficient

to discharge all the claims against the estate, or in the case

of a testamentary guardian of the estate, that the rights of

the ward will be prejudiced by failure to give security.

(b) If a person designates a guardian of his person or

estate or both to be appointed in the event he is adjudged a

person with a disability disabled person as provided in Section

11a-6 and excuses the guardian from giving bond or security, or

if the guardian is the Office of State Guardian, the guardian's

bond in the amount from time to time required under this

Article shall be in full force and effect without writing,

unless the court requires the filing of a written bond.

(c) The Office of State Guardian shall not be required to

have sureties or surety companies as security on its bonds. The

oath and bond of the representative without surety shall be

sufficient.

(Source: P.A. 89-396, eff. 8-20-95.)

(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2)

Sec. 13-2. Bond and oath.) Before entering upon the

performance of his duties, every public administrator and every

public guardian shall take and file in the court an oath or

affirmation that he will support the Constitution of the United

States and the Constitution of the State of Illinois and will

faithfully discharge the duties of his office and shall enter

into a bond payable to the people of the State of Illinois in a

sum of not less than $5,000 with security as provided by this

Act and approved by the court of the county in which he is

appointed, conditioned that he will faithfully discharge the

duties of his office. The court may from time to time require

additional security of the public administrator or guardian and

may require him to give the usual bond required of

representatives of estates of decedents, or persons with

disabilities disabled persons in other cases. In default of his

giving bond within 60 days after receiving his commission or of

his giving additional security within 60 days after being

ordered by the court to do so, his office is deemed vacant and

upon certificate of a judge of the court of that fact the

Governor or the Circuit Court shall fill the vacancy.

(Source: P.A. 81-1052.)

(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)

Sec. 13-3.1.Compensation of public guardian.

(a) In counties having a population in excess of 1,000,000

the public guardian shall be paid an annual salary, to be set

by the County Board at a figure not to exceed the salary of the

public defender for the county. All expenses connected with the

operation of the office shall be subject to the approval of the

County Board and shall be paid from the county treasury. All

fees collected shall be paid into the county treasury.

(b) In counties having a population of 1,000,000 or less

the public guardian shall receive all the fees of his office

and bear the expenses connected with the operation of the

office. A public guardian shall be entitled to reasonable and

appropriate compensation for services related to guardianship

duties but all fees must be reviewed and approved by the court.

A public guardian may petition the court for the payment of

reasonable and appropriate fees. In counties having a

population of 1,000,000 or less, the public guardian shall do

so on not less than a yearly basis, or sooner as approved by

the court. Any fees or expenses charged by a public guardian

shall be documented through billings and maintained by the

guardian and supplied to the court for review. In considering

the reasonableness of any fee petition brought by a public

guardian under this Section, the court shall consider the

following:

(1) the powers and duties assigned to the public

guardian by the court;

(2) the necessity of any services provided;

(3) the time required, the degree of difficulty, and

the experience needed to complete the task;

(4) the needs of the ward and the costs of

alternatives; and

(5) other facts and circumstances material to the best

interests of the ward or his or her estate.

(c) When the public guardian is appointed as the temporary

guardian of an adult with a disability a disabled adult

pursuant to an emergency petition under circumstances when the

court finds that the immediate establishment of a temporary

guardianship is necessary to protect the disabled adult's

health, welfare, or estate of the adult with a disability, the

public guardian shall be entitled to reasonable and appropriate

fees, as determined by the court, for the period of the

temporary guardianship, including fees directly associated

with establishing the temporary guardianship.

(Source: P.A. 96-752, eff. 1-1-10; 96-1000, eff. 7-2-10.)

(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)

Sec. 13-5. Powers and duties of public guardian.) The court

may appoint the public guardian as the guardian of any adult

with a disability disabled adult who is in need of a public

guardian and whose estate exceeds $25,000. When an adult with a

disability a disabled adult who has a smaller estate is in need

of guardianship services, the court shall appoint the State

guardian pursuant to Section 30 of the Guardianship and

Advocacy Act. If the public guardian is appointed guardian of

an adult with a disability a disabled adult and the estate of

the adult with a disability the disabled adult is thereafter

reduced to less than $25,000, the court may, upon the petition

of the public guardian and the approval by the court of a final

accounting of the disabled adult's estate of the adult with a

disability, discharge the public guardian and transfer the

guardianship to the State guardian. The public guardian shall

serve not less than 14 days' notice to the State guardian of

the hearing date regarding the transfer. When appointed by the

court, the public guardian has the same powers and duties as

other guardians appointed under this Act, with the following

additions and modifications:

(a) The public guardian shall monitor the ward and his care

and progress on a continuous basis. Monitoring shall at minimum

consist of monthly contact with the ward, and the receipt of

periodic reports from all individuals and agencies, public or

private, providing care or related services to the ward.

(b) Placement of a ward outside of the ward's home may be

made only after the public guardian or his representative has

visited the facility in which placement is proposed.

(c) The public guardian shall prepare an inventory of the

ward's belongings and assets and shall maintain insurance on

all of the ward's real and personal property, unless the court

determines, and issues an order finding, that (1) the real or

personal property lacks sufficient equity, (2) the estate lacks

sufficient funds to pay for insurance, or (3) the property is

otherwise uninsurable. No personal property shall be removed

from the ward's possession except for storage pending final

placement or for liquidation in accordance with this Act.

(d) The public guardian shall make no substantial

distribution of the ward's estate without a court order.

(e) The public guardian may liquidate assets of the ward to

pay for the costs of the ward's care and for storage of the

ward's personal property only after notice of such pending

action is given to all potential heirs at law, unless notice is

waived by the court; provided, however, that a person who has

been so notified may elect to pay for care or storage or to pay

fair market value of the asset or assets sought to be sold in

lieu of liquidation.

(f) Real property of the ward may be sold at fair market

value after an appraisal of the property has been made by a

licensed appraiser; provided, however, that the ward's

residence may be sold only if the court finds that the ward is

not likely to be able to return home at a future date.

(g) The public guardian shall, at such intervals as the

court may direct, submit to the court an affidavit setting

forth in detail the services he has provided for the benefit of

the ward.

(h) Upon the death of the ward, the public guardian shall

turn over to the court-appointed administrator all of the

ward's assets and an account of his receipt and administration

of the ward's property. A guardian ad litem shall be appointed

for an accounting when the estate exceeds the amount set in

Section 25-1 of this Act for administration of small estates.

(i)(1) On petition of any person who appears to have an

interest in the estate, the court by temporary order may

restrain the public guardian from performing specified acts of

administration, disbursement or distribution, or from exercise

of any powers or discharge of any duties of his office, or make

any other order to secure proper performance of his duty, if it

appears to the court that the public guardian might otherwise

take some action contrary to the best interests of the ward.

Persons with whom the public guardian may transact business may

be made parties.

(2) The matter shall be set for hearing within 10 days

unless the parties otherwise agree or unless for good cause

shown the court determines that additional time is required.

Notice as the court directs shall be given to the public

guardian and his attorney of record, if any, and to any other

parties named defendant in the petition.

(j) On petition of the public guardian, the court in its

discretion may for good cause shown transfer guardianship to

the State guardian.

(k) No later than January 31 of each year, the public

guardian shall file an annual report with the clerk of the

Circuit Court, indicating, with respect to the period covered

by the report, the number of cases which he has handled, the

date on which each case was assigned, the date of termination

of each case which has been closed during the period, the

disposition of each terminated case, and the total amount of

fees collected during the period from each ward.

(l) (Blank).

(Source: P.A. 96-752, eff. 1-1-10; 97-1094, eff. 8-24-12.)

(755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)

Sec. 18-1.1. Statutory custodial claim. Any spouse,

parent, brother, sister, or child of a person with a disability

disabled person who dedicates himself or herself to the care of

the person with a disability disabled person by living with and

personally caring for the person with a disability disabled

person for at least 3 years shall be entitled to a claim

against the estate upon the death of the person with a

disability disabled person. The claim shall take into

consideration the claimant's lost employment opportunities,

lost lifestyle opportunities, and emotional distress

experienced as a result of personally caring for the person

with a disability disabled person. Notwithstanding the

statutory claim amounts stated in this Section, a court may

reduce an amount to the extent that the living arrangements

were intended to and did in fact also provide a physical or

financial benefit to the claimant. The factors a court may

consider in determining whether to reduce a statutory custodial

claim amount may include but are not limited to: (i) the free

or low cost of housing provided to the claimant; (ii) the

alleviation of the need for the claimant to be employed full

time; (iii) any financial benefit provided to the claimant;

(iv) the personal care received by the claimant from the

decedent or others; and (v) the proximity of the care provided

by the claimant to the decedent to the time of the decedent's

death. The claim shall be in addition to any other claim,

including without limitation a reasonable claim for nursing and

other care. The claim shall be based upon the nature and extent

of the person's disability and, at a minimum but subject to the

extent of the assets available, shall be in the amounts set

forth below:

1. 100% disability, $180,000

2. 75% disability, $135,000

3. 50% disability, $90,000

4. 25% disability, $45,000

(Source: P.A. 95-315, eff. 1-1-08.)

(755 ILCS 5/18-8) (from Ch. 110 1/2, par. 18-8)

Sec. 18-8. Claim of representative or his attorney.) If a

representative or the representative's attorney has a claim

against the estate, that person must file a claim as other

persons and the court may appoint a special administrator to

appear and defend for the estate. The court may permit the

special administrator to prosecute or defend an appeal from the

allowance or disallowance of the claim. In the administration

of the a disabled person's estate of a person with a

disability, notice of the claim of a representative or his or

her attorney shall be given by mail or in person to the ward

and to all other representatives of the ward's person or

estate, within 10 days of filing.

(Source: P.A. 89-396, eff. 8-20-95.)

(755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)

Sec. 23-2. Removal.

(a) On petition of any interested person or on the court's

own motion, the court may remove a representative if:

(1) the representative is acting under letters secured

by false pretenses;

(2) the representative is adjudged a person subject to

involuntary admission under the Mental Health and

Developmental Disabilities Code or is adjudged a person

with a disability a disabled person;

(3) the representative is convicted of a felony;

(4) the representative wastes or mismanages the

estate;

(5) the representative conducts himself or herself in

such a manner as to endanger any co-representative or the

surety on the representative's bond;

(6) the representative fails to give sufficient bond or

security, counter security or a new bond, after being

ordered by the court to do so;

(7) the representative fails to file an inventory or

accounting after being ordered by the court to do so;

(8) the representative conceals himself or herself so

that process cannot be served upon the representative or

notice cannot be given to the representative;

(9) the representative becomes incapable of or

unsuitable for the discharge of the representative's

duties; or

(10) there is other good cause.

(b) If the representative becomes a nonresident of the

United States, the court may remove the representative as such

representative.

(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;

91-357, eff. 7-29-99.)

(755 ILCS 5/26-3)

Sec. 26-3. Effect of post-judgment motions. Unless stayed

by the court, an order adjudicating a person as a person with a

disability disabled and appointing a plenary, limited, or

successor guardian pursuant to Section 11a-3, 11a-12, 11a-14,

or 11a-15 of this Act shall not be suspended or the enforcement

thereof stayed pending the filing and resolution of any

post-judgment motion.

(Source: P.A. 97-1095, eff. 8-24-12.)

(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2)

Sec. 28-2. Order for independent administration - notice of

appointment of independent administrator.) (a) Unless the

will, if any, expressly forbids independent administration or

supervised administration is required under subsection (b),

the court shall grant independent administration (1) when an

order is entered appointing a representative pursuant to a

petition which does not request supervised administration and

which is filed under Section 6-2, 6-9, 6-20, 7-2, 8-2, 9-4 or

9-6 and (2) on petition by the representative at any time or

times during supervised administration and such notice to

interested persons as the court directs. Notwithstanding any

contrary provision of the preceding sentence, if there is an

interested person who is a minor or person with a disability

disabled person, the court may require supervised

administration (or may grant independent administration on

such conditions as its deems adequate to protect the ward's

interest) whenever the court finds that (1) the interests of

the ward are not adequately represented by a personal fiduciary

acting or designated to act pursuant to Section 28-3 or by

another party having a substantially identical interest in the

estate and the ward is not represented by a guardian of his

estate and (2) supervised administration is necessary to

protect the ward's interests. When independent administration

is granted, the independent representative shall include with

each notice required to be mailed to heirs or legatees under

Section 6-10 or Section 9-5 an explanation of the rights of

heirs and legatees under this Article and the form of petition

which may be used to terminate independent administration under

subsection 28-4(a). The form and substance of the notice of

rights and the petition to terminate shall be prescribed by

rule of the Supreme Court of this State. Each order granting

independent administration and the letters shall state that the

representative is appointed as independent executor or

independent administrator, as the case may be. The independent

representative shall file proof of mailing with the clerk of

the court.

(b) If an interested person objects to the grant of

independent administration under subsection (a), the court

shall require supervised administration, except:

(1) If the will, if any, directs independent

administration, supervised administration shall be required

only if the court finds there is good cause to require

supervised administration.

(2) If the objector is a creditor or a legatee other than a

residuary legatee, supervised administration shall be required

only if the court finds it is necessary to protect the

objector's interest, and instead of ordering supervised

administration, the court may require such other action as it

deems adequate to protect the objector's interest.

(Source: P.A. 84-555; 84-690.)

(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)

Sec. 28-3. Protection of persons under disability during

independent administration.) (a) A personal fiduciary acting

pursuant to this Article has full power and the responsibility

to protect the interests of his ward during independent

administration and to do all acts necessary or appropriate for

that purpose which the ward might do if not under disability.

Approval of any act of the independent representative or of his

final report by the personal fiduciary, or failure of the

personal fiduciary to object after notice pursuant to this

Article, binds the ward. Unless the ward is bound under the

preceding sentence, the independent representative is

accountable to the ward for damages incurred as a consequence

of willful default by the independent representative until the

expiration of a period of 6 months after the ward's disability

is removed, and any action must be commenced before the

expiration of that period. Upon the entry of an order pursuant

to Section 28-4 terminating independent administration status,

the personal fiduciary's powers and responsibility for

continuing to protect the ward's interest terminate. The fact

that a personal fiduciary is acting does not limit the right of

any person as next friend of the ward to inform the court of

any circumstances that may adversely affect the ward's

interests in the estate.

(b) The following persons are entitled to act as personal

fiduciary for a ward in the order of preference indicated:

(1) The representative of the ward's estate acting in

Illinois or, if none, the representative of the ward's estate

acting in any other jurisdiction.

(2) The person designated as personal fiduciary in the

decedent's will, if any.

(3) The person designated as personal fiduciary by the

independent representative in a petition for letters of office

or other instrument filed with the clerk of the court.

No person may act as personal fiduciary who is a minor or

person with a disability disabled person, who has been

convicted of a felony or whose interests conflict with the

ward's interests in the decedent's estate. A personal fiduciary

designated under subparagraph (3) above shall be a spouse,

descendant, parent, grandparent, brother, sister, uncle or

aunt of the ward, a guardian of the person of the ward or a

party having an interest in the estate substantially identical

to that of the ward. The responsibility of a personal fiduciary

begins on delivery of his written acceptance of the office to

the independent representative. Any personal fiduciary may

refuse to act or may resign at any time by instrument delivered

to the independent representative. When a personal fiduciary

has been appointed and there is a change of personal fiduciary

or a vacancy in that office, the independent representative

shall inform the court; and the court may designate any

suitable person as personal fiduciary when there is a vacancy

that has not been filled by the independent representative in

accordance with this Section 28-3.

(c) A personal fiduciary is entitled to such reasonable

compensation for his services as may be approved by the

independent representative or, in the absence of approval, as

may be fixed by the court, to be paid out of the estate as an

expense of administration.

(d) A personal fiduciary is liable to the ward only for

willful default and not for errors in judgment.

(Source: P.A. 85-692.)

(755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10)

Sec. 28-10. Distribution.) (a) If it appears to the

independent representative that there are sufficient assets to

pay all claims, the independent representative may at any time

or times distribute the estate to the persons entitled thereto.

As a condition of any distribution, the independent

representative may require the distributee to give him a

refunding bond in any amount the independent representative

deems reasonable, with surety approved by the independent

representative or without surety. If the distribution is made

before the expiration of the period when claims are barred

under Section 18-12, the independent representative must

require the distributee to give him a refunding bond as

provided in Section 24-4. If the estate includes an interest in

real estate that has not been sold by the independent

representative, the independent representative must record and

deliver to the persons entitled thereto an instrument which

contains the legal description of the real estate and releases

the estate's interest.

(b) If abatement or equalization of legacies pursuant to

subsection 24-3(b) or (c) is required, the independent

representative shall determine the amount of the respective

contributions, the manner in which they are paid and whether

security is required.

(c) If it appears to the independent representative that

the value of the estate of the decedent remaining after payment

of 1st class claims does not exceed the amount of the surviving

spouse's and child's awards due, the independent

representative may deliver the personal estate to the persons

entitled to the awards and close the estate as provided in

Section 28-11, without waiting until the expiration of the

period when claims are barred under Section 18-12.

(d) If property distributed in kind, or a security interest

therein, is acquired in good faith by a purchaser or lender for

value from a distributee (or from the successors in interest to

a distributee) who has received physical delivery or an

assignment, deed, release or other instrument of distribution

from an independent representative, the purchaser or lender

takes title free of the rights of all persons having an

interest in the estate and incurs no liability to the estate,

whether or not the distribution was proper.

(e) If a distributee is a minor or a person with a

disability disabled person, the independent representative may

make distribution to the ward's representative, if any, to a

custodian for the ward under the Illinois Uniform Transfers to

Minors Act or the corresponding statute of any other state in

which the ward or the custodian resides, by deposit or

investment of the ward's property subject to court order under

Section 24-21 or in any other manner authorized by law.

(Source: P.A. 84-1308.)

Section 965. The Illinois Power of Attorney Act is amended

by changing Sections 2-3, 2-6, 3-3, and 4-1 as follows:

(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)

Sec. 2-3. Definitions. As used in this Act:

(a) "Agency" means the written power of attorney or other

instrument of agency governing the relationship between the

principal and agent or the relationship, itself, as appropriate

to the context, and includes agencies dealing with personal or

health care as well as property. An agency is subject to this

Act to the extent it may be controlled by the principal,

excluding agencies and powers for the benefit of the agent.

(b) "Agent" means the attorney-in-fact or other person

designated to act for the principal in the agency.

(c) "Person with a disability Disabled person" has the same

meaning as in the "Probate Act of 1975", as now or hereafter

amended. To be under a "disability" or "disabled" means to be a

person with a disability disabled person.

(c-5) "Incapacitated", when used to describe a principal,

means that the principal is under a legal disability as defined

in Section 11a-2 of the Probate Act of 1975. A principal shall

also be considered incapacitated if: (i) a physician licensed

to practice medicine in all of its branches has examined the

principal and has determined that the principal lacks decision

making capacity; (ii) that physician has made a written record

of this determination and has signed the written record within

90 days after the examination; and (iii) the written record has

been delivered to the agent. The agent may rely conclusively on

the written record.

(d) "Person" means an individual, corporation, trust,

partnership or other entity, as appropriate to the agency.

(e) "Principal" means an individual (including, without

limitation, an individual acting as trustee, representative or

other fiduciary) who signs a power of attorney or other

instrument of agency granting powers to an agent.

(Source: P.A. 96-1195, eff. 7-1-11.)

(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)

Sec. 2-6. Effect of disability-divorce. (a) All acts of the

agent within the scope of the agency during any period of

disability, incapacity or incompetency of the principal have

the same effect and inure to the benefit of and bind the

principal and his or her successors in interest as if the

principal were competent and not a person with a disability

disabled.

(b) If a court enters a judgement of dissolution of

marriage or legal separation between the principal and his or

her spouse after the agency is signed, the spouse shall be

deemed to have died at the time of the judgment for all

purposes of the agency.

(Source: P.A. 85-701.)

(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)

Sec. 3-3. Statutory short form power of attorney for

property.

(a) The form prescribed in this Section may be known as

"statutory property power" and may be used to grant an agent

powers with respect to property and financial matters. The

"statutory property power" consists of the following: (1)

Notice to the Individual Signing the Illinois Statutory Short

Form Power of Attorney for Property; (2) Illinois Statutory

Short Form Power of Attorney for Property; and (3) Notice to

Agent. When a power of attorney in substantially the form

prescribed in this Section is used, including all 3 items

above, with item (1), the Notice to Individual Signing the

Illinois Statutory Short Form Power of Attorney for Property,

on a separate sheet (coversheet) in 14-point type and the

notarized form of acknowledgment at the end, it shall have the

meaning and effect prescribed in this Act.

(b) A power of attorney shall also be deemed to be in

substantially the same format as the statutory form if the

explanatory language throughout the form (the language

following the designation "NOTE:") is distinguished in some way

from the legal paragraphs in the form, such as the use of

boldface or other difference in typeface and font or point

size, even if the "Notice" paragraphs at the beginning are not

on a separate sheet of paper or are not in 14-point type, or if

the principal's initials do not appear in the acknowledgement

at the end of the "Notice" paragraphs.

The validity of a power of attorney as meeting the

requirements of a statutory property power shall not be

affected by the fact that one or more of the categories of

optional powers listed in the form are struck out or the form

includes specific limitations on or additions to the agent's

powers, as permitted by the form. Nothing in this Article shall

invalidate or bar use by the principal of any other or

different form of power of attorney for property. Nonstatutory

property powers (i) must be executed by the principal, (ii)

must designate the agent and the agent's powers, (iii) must be

signed by at least one witness to the principal's signature,

and (iv) must indicate that the principal has acknowledged his

or her signature before a notary public. However, nonstatutory

property powers need not conform in any other respect to the

statutory property power.

(c) The Notice to the Individual Signing the Illinois

Statutory Short Form Power of Attorney for Property shall be

substantially as follows:

"NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS

STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.

PLEASE READ THIS NOTICE CAREFULLY. The form that you will

be signing is a legal document. It is governed by the Illinois

Power of Attorney Act. If there is anything about this form

that you do not understand, you should ask a lawyer to explain

it to you.

The purpose of this Power of Attorney is to give your

designated "agent" broad powers to handle your financial

affairs, which may include the power to pledge, sell, or

dispose of any of your real or personal property, even without

your consent or any advance notice to you. When using the

Statutory Short Form, you may name successor agents, but you

may not name co-agents.

This form does not impose a duty upon your agent to handle

your financial affairs, so it is important that you select an

agent who will agree to do this for you. It is also important

to select an agent whom you trust, since you are giving that

agent control over your financial assets and property. Any

agent who does act for you has a duty to act in good faith for

your benefit and to use due care, competence, and diligence. He

or she must also act in accordance with the law and with the

directions in this form. Your agent must keep a record of all

receipts, disbursements, and significant actions taken as your

agent.

Unless you specifically limit the period of time that this

Power of Attorney will be in effect, your agent may exercise

the powers given to him or her throughout your lifetime, both

before and after you become incapacitated. A court, however,

can take away the powers of your agent if it finds that the

agent is not acting properly. You may also revoke this Power of

Attorney if you wish.

This Power of Attorney does not authorize your agent to

appear in court for you as an attorney-at-law or otherwise to

engage in the practice of law unless he or she is a licensed

attorney who is authorized to practice law in Illinois.

The powers you give your agent are explained more fully in

Section 3-4 of the Illinois Power of Attorney Act. This form is

a part of that law. The "NOTE" paragraphs throughout this form

are instructions.

You are not required to sign this Power of Attorney, but it

will not take effect without your signature. You should not

sign this Power of Attorney if you do not understand everything

in it, and what your agent will be able to do if you do sign it.

Please place your initials on the following line indicating

that you have read this Notice:

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

Principal's initials"

(d) The Illinois Statutory Short Form Power of Attorney for

Property shall be substantially as follows:

"ILLINOIS STATUTORY SHORT FORM

POWER OF ATTORNEY FOR PROPERTY

1. I, ..............., (insert name and address of

principal) hereby revoke all prior powers of attorney for

property executed by me and appoint:

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

(insert name and address of agent)

(NOTE: You may not name co-agents using this form.)

as my attorney-in-fact (my "agent") to act for me and in my

name (in any way I could act in person) with respect to the

following powers, as defined in Section 3-4 of the "Statutory

Short Form Power of Attorney for Property Law" (including all

amendments), but subject to any limitations on or additions to

the specified powers inserted in paragraph 2 or 3 below:

(NOTE: You must strike out any one or more of the following

categories of powers you do not want your agent to have.

Failure to strike the title of any category will cause the

powers described in that category to be granted to the agent.

To strike out a category you must draw a line through the title

of that category.)

(a) Real estate transactions.

(b) Financial institution transactions.

(c) Stock and bond transactions.

(d) Tangible personal property transactions.

(e) Safe deposit box transactions.

(f) Insurance and annuity transactions.

(g) Retirement plan transactions.

(h) Social Security, employment and military service

benefits.

(i) Tax matters.

(j) Claims and litigation.

(k) Commodity and option transactions.

(l) Business operations.

(m) Borrowing transactions.

(n) Estate transactions.

(o) All other property transactions.

(NOTE: Limitations on and additions to the agent's powers may

be included in this power of attorney if they are specifically

described below.)

2. The powers granted above shall not include the following

powers or shall be modified or limited in the following

particulars:

(NOTE: Here you may include any specific limitations you deem

appropriate, such as a prohibition or conditions on the sale of

particular stock or real estate or special rules on borrowing

by the agent.)

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

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

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

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

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

3. In addition to the powers granted above, I grant my

agent the following powers:

(NOTE: Here you may add any other delegable powers including,

without limitation, power to make gifts, exercise powers of

appointment, name or change beneficiaries or joint tenants or

revoke or amend any trust specifically referred to below.)

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

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

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

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

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

(NOTE: Your agent will have authority to employ other persons

as necessary to enable the agent to properly exercise the

powers granted in this form, but your agent will have to make

all discretionary decisions. If you want to give your agent the

right to delegate discretionary decision-making powers to

others, you should keep paragraph 4, otherwise it should be

struck out.)

4. My agent shall have the right by written instrument to

delegate any or all of the foregoing powers involving

discretionary decision-making to any person or persons whom my

agent may select, but such delegation may be amended or revoked

by any agent (including any successor) named by me who is

acting under this power of attorney at the time of reference.

(NOTE: Your agent will be entitled to reimbursement for all

reasonable expenses incurred in acting under this power of

attorney. Strike out paragraph 5 if you do not want your agent

to also be entitled to reasonable compensation for services as

agent.)

5. My agent shall be entitled to reasonable compensation

for services rendered as agent under this power of attorney.

(NOTE: This power of attorney may be amended or revoked by you

at any time and in any manner. Absent amendment or revocation,

the authority granted in this power of attorney will become

effective at the time this power is signed and will continue

until your death, unless a limitation on the beginning date or

duration is made by initialing and completing one or both of

paragraphs 6 and 7:)

6. ( ) This power of attorney shall become effective on

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

(NOTE: Insert a future date or event during your lifetime, such

as a court determination of your disability or a written

determination by your physician that you are incapacitated,

when you want this power to first take effect.)

7. ( ) This power of attorney shall terminate on

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

(NOTE: Insert a future date or event, such as a court

determination that you are not under a legal disability or a

written determination by your physician that you are not

incapacitated, if you want this power to terminate prior to

your death.)

(NOTE: If you wish to name one or more successor agents, insert

the name and address of each successor agent in paragraph 8.)

8. If any agent named by me shall die, become incompetent,

resign or refuse to accept the office of agent, I name the

following (each to act alone and successively, in the order

named) as successor(s) to such agent:

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

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

For purposes of this paragraph 8, a person shall be considered

to be incompetent if and while the person is a minor or an

adjudicated incompetent or a person with a disability disabled

person or the person is unable to give prompt and intelligent

consideration to business matters, as certified by a licensed

physician.

(NOTE: If you wish to, you may name your agent as guardian of

your estate if a court decides that one should be appointed. To

do this, retain paragraph 9, and the court will appoint your

agent if the court finds that this appointment will serve your

best interests and welfare. Strike out paragraph 9 if you do

not want your agent to act as guardian.)

9. If a guardian of my estate (my property) is to be

appointed, I nominate the agent acting under this power of

attorney as such guardian, to serve without bond or security.

10. I am fully informed as to all the contents of this form

and understand the full import of this grant of powers to my

agent.

(NOTE: This form does not authorize your agent to appear in

court for you as an attorney-at-law or otherwise to engage in

the practice of law unless he or she is a licensed attorney who

is authorized to practice law in Illinois.)

11. The Notice to Agent is incorporated by reference and

included as part of this form.

Dated: ................

Signed ..........................................

(principal)

(NOTE: This power of attorney will not be effective unless it

is signed by at least one witness and your signature is

notarized, using the form below. The notary may not also sign

as a witness.)

The undersigned witness certifies that ..............., known

to me to be the same person whose name is subscribed as

principal to the foregoing power of attorney, appeared before

me and the notary public and acknowledged signing and

delivering the instrument as the free and voluntary act of the

principal, for the uses and purposes therein set forth. I

believe him or her to be of sound mind and memory. The

undersigned witness also certifies that the witness is not: (a)

the attending physician or mental health service provider or a

relative of the physician or provider; (b) an owner, operator,

or relative of an owner or operator of a health care facility

in which the principal is a patient or resident; (c) a parent,

sibling, descendant, or any spouse of such parent, sibling, or

descendant of either the principal or any agent or successor

agent under the foregoing power of attorney, whether such

relationship is by blood, marriage, or adoption; or (d) an

agent or successor agent under the foregoing power of attorney.

Dated: ................

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

Witness

(NOTE: Illinois requires only one witness, but other

jurisdictions may require more than one witness. If you wish to

have a second witness, have him or her certify and sign here:)

(Second witness) The undersigned witness certifies that

................, known to me to be the same person whose name

is subscribed as principal to the foregoing power of attorney,

appeared before me and the notary public and acknowledged

signing and delivering the instrument as the free and voluntary

act of the principal, for the uses and purposes therein set

forth. I believe him or her to be of sound mind and memory. The

undersigned witness also certifies that the witness is not: (a)

the attending physician or mental health service provider or a

relative of the physician or provider; (b) an owner, operator,

or relative of an owner or operator of a health care facility

in which the principal is a patient or resident; (c) a parent,

sibling, descendant, or any spouse of such parent, sibling, or

descendant of either the principal or any agent or successor

agent under the foregoing power of attorney, whether such

relationship is by blood, marriage, or adoption; or (d) an

agent or successor agent under the foregoing power of attorney.

Dated: .......................

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

Witness

State of ............)

) SS.

County of ...........)

The undersigned, a notary public in and for the above

county and state, certifies that .......................,

known to me to be the same person whose name is subscribed as

principal to the foregoing power of attorney, appeared before

me and the witness(es) ............. (and ..............) in

person and acknowledged signing and delivering the instrument

as the free and voluntary act of the principal, for the uses

and purposes therein set forth (, and certified to the

correctness of the signature(s) of the agent(s)).

Dated: ................

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

Notary Public

My commission expires .................

(NOTE: You may, but are not required to, request your agent and

successor agents to provide specimen signatures below. If you

include specimen signatures in this power of attorney, you must

complete the certification opposite the signatures of the

agents.)

Specimen signatures of I certify that the signatures

agent (and successors) of my agent (and successors)

are genuine.

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

(agent) (principal)

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

(successor agent) (principal)

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

(successor agent) (principal)

(NOTE: The name, address, and phone number of the person

preparing this form or who assisted the principal in completing

this form should be inserted below.)

Name: .......................

Address: ....................

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

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

Phone: .................... "

(e) Notice to Agent. The following form may be known as

"Notice to Agent" and shall be supplied to an agent appointed

under a power of attorney for property.

"NOTICE TO AGENT

When you accept the authority granted under this power of

attorney a special legal relationship, known as agency, is

created between you and the principal. Agency imposes upon you

duties that continue until you resign or the power of attorney

is terminated or revoked.

As agent you must:

(1) do what you know the principal reasonably expects

you to do with the principal's property;

(2) act in good faith for the best interest of the

principal, using due care, competence, and diligence;

(3) keep a complete and detailed record of all

receipts, disbursements, and significant actions conducted

for the principal;

(4) attempt to preserve the principal's estate plan, to

the extent actually known by the agent, if preserving the

plan is consistent with the principal's best interest; and

(5) cooperate with a person who has authority to make

health care decisions for the principal to carry out the

principal's reasonable expectations to the extent actually

in the principal's best interest.

As agent you must not do any of the following:

(1) act so as to create a conflict of interest that is

inconsistent with the other principles in this Notice to

Agent;

(2) do any act beyond the authority granted in this

power of attorney;

(3) commingle the principal's funds with your funds;

(4) borrow funds or other property from the principal,

unless otherwise authorized;

(5) continue acting on behalf of the principal if you

learn of any event that terminates this power of attorney

or your authority under this power of attorney, such as the

death of the principal, your legal separation from the

principal, or the dissolution of your marriage to the

principal.

If you have special skills or expertise, you must use those

special skills and expertise when acting for the principal. You

must disclose your identity as an agent whenever you act for

the principal by writing or printing the name of the principal

and signing your own name "as Agent" in the following manner:

"(Principal's Name) by (Your Name) as Agent"

The meaning of the powers granted to you is contained in

Section 3-4 of the Illinois Power of Attorney Act, which is

incorporated by reference into the body of the power of

attorney for property document.

If you violate your duties as agent or act outside the

authority granted to you, you may be liable for any damages,

including attorney's fees and costs, caused by your violation.

If there is anything about this document or your duties

that you do not understand, you should seek legal advice from

an attorney."

(f) The requirement of the signature of a witness in

addition to the principal and the notary, imposed by Public Act

91-790, applies only to instruments executed on or after June

9, 2000 (the effective date of that Public Act).

(NOTE: This amendatory Act of the 96th General Assembly deletes

provisions that referred to the one required witness as an

"additional witness", and it also provides for the signature of

an optional "second witness".)

(Source: P.A. 96-1195, eff. 7-1-11.)

(755 ILCS 45/4-1) (from Ch. 110 1/2, par. 804-1)

Sec. 4-1. Purpose. The General Assembly recognizes the

right of the individual to control all aspects of his or her

personal care and medical treatment, including the right to

decline medical treatment or to direct that it be withdrawn,

even if death ensues. The right of the individual to decide

about personal care overrides the obligation of the physician

and other health care providers to render care or to preserve

life and health.

However, if the individual becomes a person with a

disability disabled, her or his right to control treatment may

be denied unless the individual, as principal, can delegate the

decision making power to a trusted agent and be sure that the

agent's power to make personal and health care decisions for

the principal will be effective to the same extent as though

made by the principal.

The Illinois statutory recognition of the right of

delegation for health care purposes needs to be restated to

make it clear that its scope is intended to be as broad as the

comparable right of delegation for property and financial

matters. However, the General Assembly recognizes that powers

concerning life and death and the other issues involved in

health care agencies are more sensitive than property matters

and that particular rules and forms are necessary for health

care agencies to insure their validity and efficacy and to

protect health care providers so that they will honor the

authority of the agent at all times. For purposes of emphasis

and their particular application to health care, the General

Assembly restates the purposes and public policy announced in

Article II, Section 2-1 of this Act as if those purposes and

public policies were set forth verbatim in this Section.

In furtherance of these purposes, the General Assembly

adopts this Article, setting forth general principles

governing health care agencies and a statutory short form power

of attorney for health care, intending that when a power in

substantially the form set forth in this Article is used,

health care providers and other third parties who rely in good

faith on the acts and decisions of the agent within the scope

of the power may do so without fear of civil or criminal

liability to the principal, the State or any other person.

However, the form of health care agency in this Article is not

intended to be exclusive and other forms of powers of attorney

chosen by the principal that comply with Section 4-5 of this

Article may offer powers and protection similar to the

statutory short form power of attorney for health care.

(Source: P.A. 85-1395.)

Section 970. The Trusts and Trustees Act is amended by

changing Sections 15, 15.1, 16.1, and 16.4 as follows:

(760 ILCS 5/15) (from Ch. 17, par. 1685)

Sec. 15. Minor or person with a disability disabled

person-Authority of Representative. The representative of the

estate of a beneficiary under legal disability or a spouse,

parent, adult child, or guardian of the person of a beneficiary

for whose estate no representative has been appointed, may act

for the beneficiary in receiving and approving any account of

the trustee appointing a successor trustee and executing any

receipt and receiving any notice from the trustee.

(Source: P.A. 82-354.)

(760 ILCS 5/15.1) (from Ch. 17, par. 1685.1)

Sec. 15.1. Trust for a beneficiary with a disability

disabled beneficiary. A discretionary trust for the benefit of

an individual who has a disability that substantially impairs

the individual's ability to provide for his or her own care or

custody and constitutes a substantial disability handicap

shall not be liable to pay or reimburse the State or any public

agency for financial aid or services to the individual except

to the extent the trust was created by the individual or trust

property has been distributed directly to or is otherwise under

the control of the individual, provided that such exception

shall not apply to a trust created with the disabled

individual's own property of the individual with a disability

or property within his or her control if the trust complies

with Medicaid reimbursement requirements of federal law.

Notwithstanding any other provisions to the contrary, a trust

created with the disabled individual's own property of the

individual with a disability or property within his or her

control shall be liable, after reimbursement of Medicaid

expenditures, to the State for reimbursement of any other

service charges outstanding at the death of the individual with

a disability disabled individual. Property, goods and services

purchased or owned by a trust for and used or consumed by a

beneficiary with a disability disabled beneficiary shall not be

considered trust property distributed to or under the control

of the beneficiary. A discretionary trust is one in which the

trustee has discretionary power to determine distributions to

be made under the trust.

(Source: P.A. 89-205, eff. 1-1-96.)

(760 ILCS 5/16.1)

Sec. 16.1. Virtual representation.

(a) Representation by a beneficiary with a substantially

similar interest, by the primary beneficiaries and by others.

(1) To the extent there is no conflict of interest

between the representative and the represented beneficiary

with respect to the particular question or dispute, a

beneficiary who is a minor or a beneficiary with a

disability or an disabled or unborn beneficiary, or a

beneficiary whose identity or location is unknown and not

reasonably ascertainable (hereinafter referred to as an

"unascertainable beneficiary"), may for all purposes be

represented by and bound by another beneficiary having a

substantially similar interest with respect to the

particular question or dispute; provided, however, that

the represented beneficiary is not otherwise represented

by a guardian or agent in accordance with subdivision

(a)(4) or by a parent in accordance with subdivision

(a)(5).

(2) If all primary beneficiaries of a trust either have

legal capacity or have representatives in accordance with

this subsection (a) who have legal capacity, the actions of

such primary beneficiaries, in each case either by the

beneficiary or by the beneficiary's representative, shall

represent and bind all other beneficiaries who have a

successor, contingent, future, or other interest in the

trust.

(3) For purposes of this Act:

(A) "Primary beneficiary" means a beneficiary of a

trust who as of the date of determination is either:

(i) currently eligible to receive income or principal

from the trust, or (ii) a presumptive remainder

beneficiary.

(B) "Presumptive remainder beneficiary" means a

beneficiary of a trust, as of the date of determination

and assuming nonexercise of all powers of appointment,

who either: (i) would be eligible to receive a

distribution of income or principal if the trust

terminated on that date, or (ii) would be eligible to

receive a distribution of income or principal if the

interests of all beneficiaries currently eligible to

receive income or principal from the trust ended on

that date without causing the trust to terminate.

(C) "Person with a disability" Disabled person" as

of any date means either a person with a disability

disabled person within the meaning of Section 11a-2 of

the Probate Act of 1975 or a person who, within the 365

days immediately preceding that date, was examined by a

licensed physician who determined that the person

lacked the capacity to make prudent financial

decisions, and the physician made a written record of

the physician's determination and signed the written

record within 90 days after the examination.

(D) A person has legal capacity unless the person

is a minor or a person with a disability disabled

person.

(4) If a trust beneficiary is represented by a court

appointed guardian of the estate or, if none, guardian of

the person, the guardian shall represent and bind the

beneficiary. If a trust beneficiary is a person with a

disability disabled person, an agent under a power of

attorney for property who has authority to act with respect

to the particular question or dispute and who does not have

a conflict of interest with respect to the particular

question or dispute may represent and bind the principal.

An agent is deemed to have such authority if the power of

attorney grants the agent the power to settle claims and to

exercise powers with respect to trusts and estates, even if

the powers do not include powers to make a will, to revoke

or amend a trust, or to require the trustee to pay income

or principal. Absent a court order pursuant to the Illinois

Power of Attorney Act directing a guardian to exercise

powers of the principal under an agency that survives

disability, an agent under a power of attorney for property

who in accordance with this subdivision has authority to

represent and bind a principal with a disability disabled

principal takes precedence over a court appointed guardian

unless the court specifies otherwise. This subdivision

applies to all agencies, whenever and wherever executed.

(5) If a trust beneficiary is a minor or a person with

a disability or an disabled or unborn person and is not

represented by a guardian or agent in accordance with

subdivision (a)(4), then a parent of the beneficiary may

represent and bind the beneficiary, provided that there is

no conflict of interest between the represented person and

either of the person's parents with respect to the

particular question or dispute. If a disagreement arises

between parents who otherwise qualify to represent a child

in accordance with this subsection (a) and who are seeking

to represent the same child, the parent who is a lineal

descendant of the settlor of the trust that is the subject

of the representation is entitled to represent the child;

or if none, the parent who is a beneficiary of the trust is

entitled to represent the child.

(6) A guardian, agent or parent who is the

representative for a beneficiary under subdivision (a)(4)

or (a)(5) may, for all purposes, represent and bind any

other beneficiary who is a minor or a beneficiary with a

disability or an disabled, unborn, or unascertainable

beneficiary who has an interest, with respect to the

particular question or dispute, that is substantially

similar to the interest of the beneficiary represented by

the representative, but only to the extent that there is no

conflict of interest between the beneficiary represented

by the representative and the other beneficiary with

respect to the particular question or dispute; provided,

however, that the other beneficiary is not otherwise

represented by a guardian or agent in accordance with

subdivision (a)(4) or by a parent in accordance with

subdivision (a)(5).

(7) The action or consent of a representative who may

represent and bind a beneficiary in accordance with this

Section is binding on the beneficiary represented, and

notice or service of process to the representative has the

same effect as if the notice or service of process were

given directly to the beneficiary represented.

(8) Nothing in this Section limits the discretionary

power of a court in a judicial proceeding to appoint a

guardian ad litem for any beneficiary who is a minor,

beneficiary who has a disability, unborn beneficiary, or

unascertainable beneficiary minor, disabled, unborn, or

unascertainable beneficiary with respect to a particular

question or dispute, but appointment of a guardian ad litem

need not be considered and is not necessary if such

beneficiary is otherwise represented in accordance with

this Section.

(b) Total return trusts. This Section shall apply to enable

conversion to a total return trust by agreement in accordance

with subsection (b) of Section 5.3 of this Act, by agreement

between the trustee and all primary beneficiaries of the trust,

in each case either by the beneficiary or by the beneficiary's

representative in accordance with this Section.

(c) Representation of charity. If a trust provides a

beneficial interest or expectancy for one or more charities or

charitable purposes that are not specifically named or

otherwise represented (the "charitable interest"), the

Illinois Attorney General may, in accordance with this Section,

represent, bind, and act on behalf of the charitable interest

with respect to any particular question or dispute, including

without limitation representing the charitable interest in a

nonjudicial settlement agreement or in an agreement to convert

a trust to a total return trust in accordance with subsection

(b) of Section 5.3 of this Act. A charity that is specifically

named as beneficiary of a trust or that otherwise has an

express beneficial interest in a trust may act for itself.

Notwithstanding any other provision, nothing in this Section

shall be construed to limit or affect the Illinois Attorney

General's authority to file an action or take other steps as he

or she deems advisable at any time to enforce or protect the

general public interest as to a trust that provides a

beneficial interest or expectancy for one or more charities or

charitable purposes whether or not a specific charity is named

in the trust. This subsection (c) shall be construed as being

declarative of existing law and not as a new enactment.

(d) Nonjudicial settlement agreements.

(1) For purposes of this Section, "interested persons"

means the trustee and all beneficiaries, or their

respective representatives determined after giving effect

to the preceding provisions of this Section, whose consent

or joinder would be required in order to achieve a binding

settlement were the settlement to be approved by the court.

"Interested persons" also includes a trust advisor,

investment advisor, distribution advisor, trust protector

or other holder, or committee of holders, of fiduciary or

nonfiduciary powers, if the person then holds powers

material to a particular question or dispute to be resolved

or affected by a nonjudicial settlement agreement in

accordance with this Section or by the court.

(2) Interested persons, or their respective

representatives determined after giving effect to the

preceding provisions of this Section, may enter into a

binding nonjudicial settlement agreement with respect to

any matter involving a trust as provided in this Section.

(3) (Blank).

(4) The following matters may be resolved by a

nonjudicial settlement agreement:

(A) Validity, interpretation, or construction of

the terms of the trust.

(B) Approval of a trustee's report or accounting.

(C) Exercise or nonexercise of any power by a

trustee.

(D) The grant to a trustee of any necessary or

desirable administrative power, provided the grant

does not conflict with a clear material purpose of the

trust.

(E) Questions relating to property or an interest

in property held by the trust, provided the resolution

does not conflict with a clear material purpose of the

trust.

(F) Removal, appointment, or removal and

appointment of a trustee, trust advisor, investment

advisor, distribution advisor, trust protector or

other holder, or committee of holders, of fiduciary or

nonfiduciary powers, including without limitation

designation of a plan of succession or procedure to

determine successors to any such office.

(G) Determination of a trustee's compensation.

(H) Transfer of a trust's principal place of

administration, including without limitation to change

the law governing administration of the trust.

(I) Liability or indemnification of a trustee for

an action relating to the trust.

(J) Resolution of bona fide disputes related to

administration, investment, distribution or other

matters.

(K) Modification of terms of the trust pertaining

to administration of the trust.

(L) Termination of the trust, provided that court

approval of such termination must be obtained in

accordance with subdivision (d)(5) of this Section,

and the court must conclude continuance of the trust is

not necessary to achieve any clear material purpose of

the trust. The court may consider spendthrift

provisions as a factor in making a decision under this

subdivision, but a spendthrift provision is not

necessarily a clear material purpose of a trust, and

the court is not precluded from modifying or

terminating a trust because the trust instrument

contains a spendthrift provision. Upon such

termination the court may order the trust property

distributed as agreed by the parties to the agreement

or otherwise as the court determines equitable

consistent with the purposes of the trust.

(M) Any other matter involving a trust to the

extent the terms and conditions of the nonjudicial

settlement agreement could be properly approved under

applicable law by a court of competent jurisdiction.

(4.5) If a charitable interest or a specifically named

charity is a current beneficiary, is a presumptive

remainder beneficiary, or has any vested interest in a

trust, the parties to any proposed nonjudicial settlement

agreement affecting the trust shall deliver to the Attorney

General's Charitable Trust Bureau written notice of the

proposed agreement at least 60 days prior to its effective

date. The Bureau need take no action, but if it objects in

a writing delivered to one or more of the parties prior to

the proposed effective date, the agreement shall not take

effect unless the parties obtain court approval.

(5) Any beneficiary or other interested person may

request the court to approve any part or all of a

nonjudicial settlement agreement, including whether any

representation is adequate and without conflict of

interest, provided that the petition for such approval must

be filed before or within 60 days after the effective date

of the agreement.

(6) An agreement entered into in accordance with this

Section shall be final and binding on the trustee, on all

beneficiaries of the trust, both current and future, and on

all other interested persons as if ordered by a court with

competent jurisdiction over the trust, the trust property,

and all parties in interest.

(7) In the trustee's sole discretion, the trustee may,

but is not required to, obtain and rely upon an opinion of

counsel on any matter relevant to this Section, including

without limitation: (i) where required by this Section,

that the agreement proposed to be made in accordance with

this Section does not conflict with a clear material

purpose of the trust or could be properly approved by the

court under applicable law; (ii) in the case of a trust

termination, that continuance of the trust is not necessary

to achieve any clear material purpose of the trust; (iii)

that there is no conflict of interest between a

representative and the person represented with respect to

the particular question or dispute; or (iv) that the

representative and the person represented have

substantially similar interests with respect to the

particular question or dispute.

(e) Application. On and after its effective date, this

Section applies to all existing and future trusts, judicial

proceedings, or agreements entered into in accordance with this

Section on or after the effective date.

(f) This Section shall be construed as pertaining to the

administration of a trust and shall be available to any trust

that is administered in this State or that is governed by

Illinois law with respect to the meaning and effect of its

terms, except to the extent the governing instrument expressly

prohibits the use of this Section by specific reference to this

Section. A provision in the governing instrument in the form:

"Neither the provisions of Section 16.1 of the Illinois Trusts

and Trustees Act nor any corresponding provision of future law

may be used in the administration of this trust", or a similar

provision demonstrating that intent, is sufficient to preclude

the use of this Section.

(g) The changes made by this amendatory Act of the 98th

General Assembly apply to all trusts in existence on the

effective date of this amendatory Act of the 98th General

Assembly or created after that date, and are applicable to

judicial proceedings and nonjudicial matters involving such

trusts. For purposes of this Section:

(i) judicial proceedings include any proceeding before

a court or administrative tribunal of this State and any

arbitration or mediation proceedings; and

(ii) nonjudicial matters include, but are not limited

to, nonjudicial settlement agreements entered into in

accordance with this Section and the grant of any consent,

release, ratification, or indemnification.

(Source: P.A. 98-946, eff. 1-1-15.)

(760 ILCS 5/16.4)

Sec. 16.4. Distribution of trust principal in further

trust.

(a) Definitions. In this Section:

"Absolute discretion" means the right to distribute

principal that is not limited or modified in any manner to or

for the benefit of one or more beneficiaries of the trust,

whether or not the term "absolute" is used. A power to

distribute principal that includes purposes such as best

interests, welfare, or happiness shall constitute absolute

discretion.

"Authorized trustee" means an entity or individual, other

than the settlor, who has authority under the terms of the

first trust to distribute the principal of the trust for the

benefit of one or more current beneficiaries.

"Code" means the United States Internal Revenue Code of

1986, as amended from time to time, including corresponding

provisions of subsequent internal revenue laws and

corresponding provisions of State law.

"Current beneficiary" means a person who is currently

receiving or eligible to receive a distribution of principal or

income from the trustee on the date of the exercise of the

power.

"Distribute" means the power to pay directly to the

beneficiary of a trust or make application for the benefit of

the beneficiary.

"First trust" means an existing irrevocable inter vivos or

testamentary trust part or all of the principal of which is

distributed in further trust under subsection (c) or (d).

"Presumptive remainder beneficiary" means a beneficiary of

a trust, as of the date of determination and assuming

non-exercise of all powers of appointment, who either (i) would

be eligible to receive a distribution of income or principal if

the trust terminated on that date, or (ii) would be eligible to

receive a distribution of income or principal if the interests

of all beneficiaries currently eligible to receive income or

principal from the trust ended on that date without causing the

trust to terminate.

"Principal" includes the income of the trust at the time of

the exercise of the power that is not currently required to be

distributed, including accrued and accumulated income.

"Second trust" means any irrevocable trust to which

principal is distributed in accordance with subsection (c) or

(d).

"Successor beneficiary" means any beneficiary other than

the current and presumptive remainder beneficiaries, but does

not include a potential appointee of a power of appointment

held by a beneficiary.

(b) Purpose. An independent trustee who has discretion to

make distributions to the beneficiaries shall exercise that

discretion in the trustee's fiduciary capacity, whether the

trustee's discretion is absolute or limited to ascertainable

standards, in furtherance of the purposes of the trust.

(c) Distribution to second trust if absolute discretion. An

authorized trustee who has the absolute discretion to

distribute the principal of a trust may distribute part or all

of the principal of the trust in favor of a trustee of a second

trust for the benefit of one, more than one, or all of the

current beneficiaries of the first trust and for the benefit of

one, more than one, or all of the successor and remainder

beneficiaries of the first trust.

(1) If the authorized trustee exercises the power under

this subsection, the authorized trustee may grant a power

of appointment (including a presently exercisable power of

appointment) in the second trust to one or more of the

current beneficiaries of the first trust, provided that the

beneficiary granted a power to appoint could receive the

principal outright under the terms of the first trust.

(2) If the authorized trustee grants a power of

appointment, the class of permissible appointees in favor

of whom a beneficiary may exercise the power of appointment

granted in the second trust may be broader than or

otherwise different from the current, successor, and

presumptive remainder beneficiaries of the first trust.

(3) If the beneficiary or beneficiaries of the first

trust are described as a class of persons, the beneficiary

or beneficiaries of the second trust may include one or

more persons of such class who become includible in the

class after the distribution to the second trust.

(d) Distribution to second trust if no absolute discretion.

An authorized trustee who has the power to distribute the

principal of a trust but does not have the absolute discretion

to distribute the principal of the trust may distribute part or

all of the principal of the first trust in favor of a trustee

of a second trust, provided that the current beneficiaries of

the second trust shall be the same as the current beneficiaries

of the first trust and the successor and remainder

beneficiaries of the second trust shall be the same as the

successor and remainder beneficiaries of the first trust.

(1) If the authorized trustee exercises the power under

this subsection (d), the second trust shall include the

same language authorizing the trustee to distribute the

income or principal of a trust as set forth in the first

trust.

(2) If the beneficiary or beneficiaries of the first

trust are described as a class of persons, the beneficiary

or beneficiaries of the second trust shall include all

persons who become includible in the class after the

distribution to the second trust.

(3) If the authorized trustee exercises the power under

this subsection (d) and if the first trust grants a power

of appointment to a beneficiary of the trust, the second

trust shall grant such power of appointment in the second

trust and the class of permissible appointees shall be the

same as in the first trust.

(4) Supplemental Needs Trusts.

(i) Notwithstanding the other provisions of this

subsection (d), the authorized trustee may distribute

part or all of the principal of the interest of a

beneficiary who has a disability a disabled

beneficiary's interest in the first trust in favor of a

trustee of a second trust which is a supplemental needs

trust if the authorized trustee determines that to do

so would be in the best interests of the beneficiary

who has a disability disabled beneficiary.

(ii) Definitions. For purposes of this subsection

(d):

"Best interests" of a beneficiary who has a

disability disabled beneficiary include, without

limitation, consideration of the financial impact

to the disabled beneficiary's family of the

beneficiary who has a disability.

"Beneficiary who has a disability Disabled

beneficiary" means a current beneficiary,

presumptive remainder beneficiary, or successor

beneficiary of the first trust who the authorized

trustee determines has a disability that

substantially impairs the beneficiary's ability to

provide for his or her own care or custody and that

constitutes a substantial disability handicap,

whether or not the beneficiary has been

adjudicated a "person with a disability" disabled

person".

"Governmental benefits" means financial aid or

services from any State, Federal, or other public

agency.

"Supplemental needs second trust" means a

trust that complies with paragraph (iii) of this

paragraph (4) and that relative to the first trust

contains either lesser or greater restrictions on

the trustee's power to distribute trust income or

principal and which the trustee believes would, if

implemented, allow the beneficiary who has a

disability disabled beneficiary to receive a

greater degree of governmental benefits than the

beneficiary who has a disability disabled

beneficiary will receive if no distribution is

made.

(iii) Remainder beneficiaries. A supplemental

needs second trust may name remainder and successor

beneficiaries other than the disabled beneficiary's

estate of the beneficiary with a disability, provided

that the second trust names the same presumptive

remainder beneficiaries and successor beneficiaries to

the disabled beneficiary's interest of the beneficiary

who has a disability, and in the same proportions, as

exist in the first trust. In addition to the foregoing,

where the first trust was created by the beneficiary

who has a disability disabled beneficiary or the trust

property has been distributed directly to or is

otherwise under the control of the beneficiary who has

a disability disabled beneficiary, the authorized

trustee may distribute to a "pooled trust" as defined

by federal Medicaid law for the benefit of the

beneficiary who has a disability disabled beneficiary

or the supplemental needs second trust must contain pay

back provisions complying with Medicaid reimbursement

requirements of federal law.

(iv) Reimbursement. A supplemental needs second

trust shall not be liable to pay or reimburse the State

or any public agency for financial aid or services to

the beneficiary who has a disability disabled

beneficiary except as provided in the supplemental

needs second trust.

(e) Notice. An authorized trustee may exercise the power to

distribute in favor of a second trust under subsections (c) and

(d) without the consent of the settlor or the beneficiaries of

the first trust and without court approval if:

(1) there are one or more legally competent current

beneficiaries and one or more legally competent

presumptive remainder beneficiaries and the authorized

trustee sends written notice of the trustee's decision,

specifying the manner in which the trustee intends to

exercise the power and the prospective effective date for

the distribution, to all of the legally competent current

beneficiaries and presumptive remainder beneficiaries,

determined as of the date the notice is sent and assuming

non-exercise of all powers of appointment; and

(2) no beneficiary to whom notice was sent objects to

the distribution in writing delivered to the trustee within

60 days after the notice is sent ("notice period").

A trustee is not required to provide a copy of the notice

to a beneficiary who is known to the trustee but who cannot be

located by the trustee after reasonable diligence or who is not

known to the trustee.

If a charity is a current beneficiary or presumptive

remainder beneficiary of the trust, the notice shall also be

given to the Attorney General's Charitable Trust Bureau.

(f) Court involvement.

(1) The trustee may for any reason elect to petition

the court to order the distribution, including, without

limitation, the reason that the trustee's exercise of the

power to distribute under this Section is unavailable, such

as:

(a) a beneficiary timely objects to the

distribution in a writing delivered to the trustee

within the time period specified in the notice; or

(b) there are no legally competent current

beneficiaries or legally competent presumptive

remainder beneficiaries.

(2) If the trustee receives a written objection within

the notice period, either the trustee or the beneficiary

may petition the court to approve, modify, or deny the

exercise of the trustee's powers. The trustee has the

burden of proving the proposed exercise of the power

furthers the purposes of the trust.

(3) In a judicial proceeding under this subsection (f),

the trustee may, but need not, present the trustee's

opinions and reasons for supporting or opposing the

proposed distribution, including whether the trustee

believes it would enable the trustee to better carry out

the purposes of the trust. A trustee's actions in

accordance with this Section shall not be deemed improper

or inconsistent with the trustee's duty of impartiality

unless the court finds from all the evidence that the

trustee acted in bad faith.

(g) Term of the second trust. The second trust to which an

authorized trustee distributes the assets of the first trust

may have a term that is longer than the term set forth in the

first trust, including, but not limited to, a term measured by

the lifetime of a current beneficiary; provided, however, that

the second trust shall be limited to the same permissible

period of the rule against perpetuities that applied to the

first trust, unless the first trust expressly permits the

trustee to extend or lengthen its perpetuities period.

(h) Divided discretion. If an authorized trustee has

absolute discretion to distribute the principal of a trust and

the same trustee or another trustee has the power to distribute

principal under the trust instrument which power is not

absolute discretion, such authorized trustee having absolute

discretion may exercise the power to distribute under

subsection (c).

(i) Later discovered assets. To the extent the authorized

trustee does not provide otherwise:

(1) The distribution of all of the assets comprising

the principal of the first trust in favor of a second trust

shall be deemed to include subsequently discovered assets

otherwise belonging to the first trust and undistributed

principal paid to or acquired by the first trust subsequent

to the distribution in favor of the second trust.

(2) The distribution of part but not all of the assets

comprising the principal of the first trust in favor of a

second trust shall not include subsequently discovered

assets belonging to the first trust and principal paid to

or acquired by the first trust subsequent to the

distribution in favor of a second trust; such assets shall

remain the assets of the first trust.

(j) Other authority to distribute in further trust. This

Section shall not be construed to abridge the right of any

trustee to distribute property in further trust that arises

under the terms of the governing instrument of a trust, any

provision of applicable law, or a court order. In addition,

distribution of trust principal to a second trust may be made

by agreement between a trustee and all primary beneficiaries of

a first trust, acting either individually or by their

respective representatives in accordance with Section 16.1 of

this Act.

(k) Need to distribute not required. An authorized trustee

may exercise the power to distribute in favor of a second trust

under subsections (c) and (d) whether or not there is a current

need to distribute principal under the terms of the first

trust.

(l) No duty to distribute. Nothing in this Section is

intended to create or imply a duty to exercise a power to

distribute principal, and no inference of impropriety shall be

made as a result of an authorized trustee not exercising the

power conferred under subsection (c) or (d). Notwithstanding

any other provision of this Section, a trustee has no duty to

inform beneficiaries about the availability of this Section and

no duty to review the trust to determine whether any action

should be taken under this Section.

(m) Express prohibition. A power authorized by subsection

(c) or (d) may not be exercised if expressly prohibited by the

terms of the governing instrument, but a general prohibition of

the amendment or revocation of the first trust or a provision

that constitutes a spendthrift clause shall not preclude the

exercise of a power under subsection (c) or (d).

(n) Restrictions. An authorized trustee may not exercise a

power authorized by subsection (c) or (d) to affect any of the

following:

(1) to reduce, limit or modify any beneficiary's

current right to a mandatory distribution of income or

principal, a mandatory annuity or unitrust interest, a

right to withdraw a percentage of the value of the trust or

a right to withdraw a specified dollar amount provided that

such mandatory right has come into effect with respect to

the beneficiary, except with respect to a second trust

which is a supplemental needs trust;

(2) to decrease or indemnify against a trustee's

liability or exonerate a trustee from liability for failure

to exercise reasonable care, diligence, and prudence;

except to indemnify or exonerate one party from liability

for actions of another party with respect to distribution

that unbundles the governance structure of a trust to

divide and separate fiduciary and nonfiduciary

responsibilities among several parties, including without

limitation one or more trustees, distribution advisors,

investment advisors, trust protectors, or other parties,

provided however that such modified governance structure

may reallocate fiduciary responsibilities from one party

to another but may not reduce them;

(3) to eliminate a provision granting another person

the right to remove or replace the authorized trustee

exercising the power under subsection (c) or (d); provided,

however, such person's right to remove or replace the

authorized trustee may be eliminated if a separate

independent, non-subservient individual or entity, such as

a trust protector, acting in a nonfiduciary capacity has

the right to remove or replace the authorized trustee;

(4) to reduce, limit or modify the perpetuities

provision specified in the first trust in the second trust,

unless the first trust expressly permits the trustee to do

so.

(o) Exception. Notwithstanding the provisions of paragraph

(1) of subsection (n) but subject to the other limitations in

this Section, an authorized trustee may exercise a power

authorized by subsection (c) or (d) to distribute to a second

trust; provided, however, that the exercise of such power does

not subject the second trust to claims of reimbursement by any

private or governmental body and does not at any time interfere

with, reduce the amount of, or jeopardize an individual's

entitlement to government benefits.

(p) Tax limitations. If any contribution to the first trust

qualified for the annual exclusion under Section 2503(b) of the

Code, the marital deduction under Section 2056(a) or 2523(a) of

the Code, or the charitable deduction under Section 170(a),

642(c), 2055(a) or 2522(a) of the Code, is a direct skip

qualifying for treatment under Section 2642(c) of the Code, or

qualified for any other specific tax benefit that would be lost

by the existence of the authorized trustee's authority under

subsection (c) or (d) for income, gift, estate, or

generation-skipping transfer tax purposes under the Code, then

the authorized trustee shall not have the power to distribute

the principal of a trust pursuant to subsection (c) or (d) in a

manner that would prevent the contribution to the first trust

from qualifying for or would reduce the exclusion, deduction,

or other tax benefit that was originally claimed with respect

to that contribution.

(1) Notwithstanding the provisions of this subsection

(p), the authorized trustee may exercise the power to pay

the first trust to a trust as to which the settlor of the

first trust is not considered the owner under Subpart E of

Part I of Subchapter J of Chapter 1 of Subtitle A of the

Code even if the settlor is considered such owner of the

first trust. Nothing in this Section shall be construed as

preventing the authorized trustee from distributing part

or all of the first trust to a second trust that is a trust

as to which the settlor of the first trust is considered

the owner under Subpart E of Part I of Subchapter J of

Chapter 1 of Subtitle A of the Code.

(2) During any period when the first trust owns

subchapter S corporation stock, an authorized trustee may

not exercise a power authorized by paragraph (c) or (d) to

distribute part or all of the S corporation stock to a

second trust that is not a permitted shareholder under

Section 1361(c)(2) of the Code.

(3) During any period when the first trust owns an

interest in property subject to the minimum distribution

rules of Section 401(a)(9) of the Code, an authorized

trustee may not exercise a power authorized by subsection

(c) or (d) to distribute part or all of the interest in

such property to a second trust that would result in the

shortening of the minimum distribution period to which the

property is subject in the first trust.

(q) Limits on compensation of trustee.

(1) Unless the court upon application of the trustee

directs otherwise, an authorized trustee may not exercise a

power authorized by subsection (c) or (d) solely to change

the provisions regarding the determination of the

compensation of any trustee; provided, however, an

authorized trustee may exercise the power authorized in

subsection (c) or (d) in conjunction with other valid and

reasonable purposes to bring the trustee's compensation

into accord with reasonable limits in accord with Illinois

law in effect at the time of the exercise.

(2) The compensation payable to the trustee or trustees

of the first trust may continue to be paid to the trustees

of the second trust during the terms of the second trust

and may be determined in the same manner as otherwise would

have applied in the first trust; provided, however, that no

trustee shall receive any commission or other compensation

imposed upon assets distributed due to the distribution of

property from the first trust to a second trust pursuant to

subsection (c) or (d).

(r) Written instrument. The exercise of a power to

distribute principal under subsection (c) or (d) must be made

by an instrument in writing, signed and acknowledged by the

trustee, and filed with the records of the first trust and the

second trust.

(s) Terms of second trust. Any reference to the governing

instrument or terms of the governing instrument in this Act

includes the terms of a second trust established in accordance

with this Section.

(t) Settlor. The settlor of a first trust is considered for

all purposes to be the settlor of any second trust established

in accordance with this Section. If the settlor of a first

trust is not also the settlor of a second trust, then the

settlor of the first trust shall be considered the settlor of

the second trust, but only with respect to the portion of

second trust distributed from the first trust in accordance

with this Section.

(u) Remedies. A trustee who reasonably and in good faith

takes or omits to take any action under this Section is not

liable to any person interested in the trust. An act or

omission by a trustee under this Section is presumed taken or

omitted reasonably and in good faith unless it is determined by

the court to have been an abuse of discretion. If a trustee

reasonably and in good faith takes or omits to take any action

under this Section and a person interested in the trust opposes

the act or omission, the person's exclusive remedy is to obtain

an order of the court directing the trustee to exercise

authority in accordance with this Section in such manner as the

court determines necessary or helpful for the proper

functioning of the trust, including without limitation

prospectively to modify or reverse a prior exercise of such

authority. Any claim by any person interested in the trust that

an act or omission by a trustee under this Section was an abuse

of discretion is barred if not asserted in a proceeding

commenced by or on behalf of the person within 2 years after

the trustee has sent to the person or the person's personal

representative a notice or report in writing sufficiently

disclosing facts fundamental to the claim such that the person

knew or reasonably should have known of the claim. Except for a

distribution of trust principal from a first trust to a second

trust made by agreement in accordance with Section 16.1 of this

Act, the preceding sentence shall not apply to a person who was

under a legal disability at the time the notice or report was

sent and who then had no personal representative. For purposes

of this subsection (u), a personal representative refers to a

court appointed guardian or conservator of the estate of a

person.

(v) Application. This Section is available to trusts in

existence on the effective date of this amendatory Act of the

97th General Assembly or created on or after the effective date

of this amendatory Act of the 97th General Assembly. This

Section shall be construed as pertaining to the administration

of a trust and shall be available to any trust that is

administered in Illinois under Illinois law or that is governed

by Illinois law with respect to the meaning and effect of its

terms, including a trust whose governing law has been changed

to the laws of this State, unless the governing instrument

expressly prohibits use of this Section by specific reference

to this Section. A provision in the governing instrument in the

form: "Neither the provisions of Section 16.4 of the Trusts and

Trustees Act nor any corresponding provision of future law may

be used in the administration of this trust" or a similar

provision demonstrating that intent is sufficient to preclude

the use of this Section.

(Source: P.A. 97-920, eff. 1-1-13.)

Section 975. The Illinois Uniform Transfers to Minors Act

is amended by changing Section 19 as follows:

(760 ILCS 20/19) (from Ch. 110 1/2, par. 269)

Sec. 19. Renunciation, Resignation, Death, or Removal of

Custodian; Designation of Successor Custodian. (a) A person

nominated under Section 4 or designated under Section 6 or

Section 10 as custodian may decline to serve by delivering a

valid disclaimer to the person who made the nomination or

designation or to the transferor or the transferor's

representative. If the event giving rise to a transfer has not

occurred and no substitute custodian able, willing, and

eligible to serve was nominated under Section 4, the person who

made the nomination or designation may nominate a substitute

custodian; otherwise the transferor or the transferor's

representative shall designate a substitute custodian at the

time of the transfer in either case from among the persons

eligible to serve as custodian for that kind of property under

Section 10(a). The custodian so designated has the rights of a

successor custodian.

(b) At any time or times a transferor or his representative

may designate an adult or a trust company as successor

custodian, single or successive, by executing and dating an

instrument of designation and delivering it to the custodian or

if he is deceased or is a person with a disability disabled to

his representative. A custodian at any time when a vacancy

would otherwise occur may designate a trust company or an adult

as successor custodian by executing and dating an instrument of

designation. If an instrument of designation does not contain

or is not accompanied by the resignation of the custodian, the

designation of the successor does not take effect until the

custodian resigns, dies, becomes a person with a disability

disabled, or is removed. If a transferor or a custodian has

executed more than one instrument of designation, the

instrument dated on the earlier date shall be treated as

revoked by the instrument dated on the later date; however, a

designation by a transferor or his representative shall not be

revoked by a custodian. A successor custodian has all the

powers, duties and immunities of a custodian designated in a

manner prescribed by this Act.

(c) A custodian may resign at any time by delivering

written notice to the minor if the minor has attained the age

of 14 years and to the successor custodian and by delivering

the custodial property to the successor custodian.

(d) If a custodian is ineligible, dies, or becomes a person

with a disability disabled and no successor has been

effectively designated and the minor has attained the age of 14

years, the minor may designate as successor custodian, in the

manner prescribed in subsection (b), an adult member of the

minor's family, a guardian of the minor, or a trust company. If

the minor has not attained the age of 14 years or fails to act

within 60 days after the ineligibility, death, or incapacity,

the guardian of the minor becomes successor custodian. If the

minor has no guardian or the guardian declines to act, the

transferor, the representative of the transferor or of the

custodian, an adult member of the minor's family, or any other

interested person may petition the court to designate a

successor custodian.

(e) A custodian who declines to serve under subsection (a)

or resigns under subsection (c), or the representative of a

deceased custodian or a custodian with a disability or disabled

custodian, as soon as practicable, shall put the custodial

property and records in the possession and control of the

successor custodian. The successor custodian by action may

enforce the obligations to deliver custodial property and

records and becomes responsible for each item as received.

(f) A transferor, the representative of a transferor, an

adult member of the minor's family, a guardian of the person of

the minor, the guardian of the minor, or the minor if the minor

has attained the age of 14 years may petition the court to

remove the custodian for cause and to designate a successor

custodian not inconsistent with an effective designation or to

require the custodian to give appropriate bond.

(Source: P.A. 84-1129.)

Section 980. The Charitable Trust Act is amended by

changing Section 7.5 as follows:

(760 ILCS 55/7.5)

Sec. 7.5. Charitable trust for the benefit of a minor or

person with a disability disabled person; report.

(a) In the case of a charitable trust established for the

benefit of a minor or person with a disability disabled person,

the person or trustee responsible for the trust, if not the

guardian or parent, shall report its existence by certified or

registered United States mail to the parent or guardian of the

minor or person with a disability disabled person within 30

days after formation of the trust and every 6 months

thereafter. The written report shall include the name and

address of the trustee or trustees responsible for the trust,

the name and address of the financial institution at which

funds for the trust are held, the amount of funds raised for

the trust, and an itemized list of expenses for administration

of the trust.

The guardian of the estate of the minor or person with a

disability disabled person shall report the existence of the

trust as part of the ward's estate to the court that appointed

the guardian as part of its responsibility to manage the ward's

estate as established under Section 11-13 of the Probate Act of

1975. Compliance with this Section in no way affects other

requirements for trustee registration and reporting under this

Act or any accountings or authorizations required by the court

handling the ward's estate.

(b) If a person or trustee fails to report the existence of

the trust to the minor's or disabled person's parent or

guardian or to the parent or guardian of the person with a

disability as required in this Section, the person or trustee

is subject to injunction, to removal, to account, and to other

appropriate relief before a court of competent jurisdiction

exercising chancery jurisdiction.

(c) For the purpose of this Section, a charitable trust for

the benefit of a minor or person with a disability disabled

person is a trust, including a special needs trust, that

receives funds solicited from the public under representations

that such will (i) benefit a needy minor or person with a

disability disabled person, (ii) pay the medical or living

expenses of the minor or person with a disability disabled

person, or (iii) be used to assist in family expenses of the

minor or person with a disability disabled person.

(d) Each and every trustee of a charitable trust for the

benefit of a minor or person with a disability disabled person

must register under this Act and in addition must file an

annual report as required by Section 7 of this Act.

(Source: P.A. 91-620, eff. 8-19-99.)

Section 985. The Real Estate Timeshare Act of 1999 is

amended by changing Section 1-25 as follows:

(765 ILCS 101/1-25)

Sec. 1-25. Local powers; construction.

(a) Except as specifically provided in this Section, the

regulation of timeshare plans and exchange programs is an

exclusive power and function of the State. A unit of local

government, including a home rule unit, may not regulate

timeshare plans and exchange programs. This subsection is a

denial and limitation of home rule powers and functions under

subsection (h) of Section 6 of Article VII of the Illinois

Constitution.

(b) Notwithstanding subsection (a), no provision of this

Act invalidates or modifies any provision of any zoning,

subdivision, or building code or other real estate use law,

ordinance, or regulation.

Further, nothing in this Act shall be construed to affect

or impair the validity of Section 11-11.1-1 of the Illinois

Municipal Code or to deny to the corporate authorities of any

municipality the powers granted in that Code to enact

ordinances (i) prescribing fair housing practices, (ii)

defining unfair housing practices, (iii) establishing fair

housing or human relations commissions and standards for the

operation of such commissions in the administration and

enforcement of such ordinances, (iv) prohibiting

discrimination based on age, ancestry, color, creed, mental or

physical disability handicap, national origin, race, religion,

or sex in the listing, sale, assignment, exchange, transfer,

lease, rental, or financing of real property for the purpose of

the residential occupancy thereof, and (v) prescribing

penalties for violations of such ordinances.

(Source: P.A. 91-585, eff. 1-1-00.)

Section 990. The Condominium Property Act is amended by

changing Section 18.4 as follows:

(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)

Sec. 18.4. Powers and duties of board of managers. The

board of managers shall exercise for the association all

powers, duties and authority vested in the association by law

or the condominium instruments except for such powers, duties

and authority reserved by law to the members of the

association. The powers and duties of the board of managers

shall include, but shall not be limited to, the following:

(a) To provide for the operation, care, upkeep,

maintenance, replacement and improvement of the common

elements. Nothing in this subsection (a) shall be deemed to

invalidate any provision in a condominium instrument

placing limits on expenditures for the common elements,

provided, that such limits shall not be applicable to

expenditures for repair, replacement, or restoration of

existing portions of the common elements. The term "repair,

replacement or restoration" means expenditures to

deteriorated or damaged portions of the property related to

the existing decorating, facilities, or structural or

mechanical components, interior or exterior surfaces, or

energy systems and equipment with the functional

equivalent of the original portions of such areas.

Replacement of the common elements may result in an

improvement over the original quality of such elements or

facilities; provided that, unless the improvement is

mandated by law or is an emergency as defined in item (iv)

of subparagraph (8) of paragraph (a) of Section 18, if the

improvement results in a proposed expenditure exceeding 5%

of the annual budget, the board of managers, upon written

petition by unit owners with 20% of the votes of the

association delivered to the board within 14 days of the

board action to approve the expenditure, shall call a

meeting of the unit owners within 30 days of the date of

delivery of the petition to consider the expenditure.

Unless a majority of the total votes of the unit owners are

cast at the meeting to reject the expenditure, it is

ratified.

(b) To prepare, adopt and distribute the annual budget

for the property.

(c) To levy and expend assessments.

(d) To collect assessments from unit owners.

(e) To provide for the employment and dismissal of the

personnel necessary or advisable for the maintenance and

operation of the common elements.

(f) To obtain adequate and appropriate kinds of

insurance.

(g) To own, convey, encumber, lease, and otherwise deal

with units conveyed to or purchased by it.

(h) To adopt and amend rules and regulations covering

the details of the operation and use of the property, after

a meeting of the unit owners called for the specific

purpose of discussing the proposed rules and regulations.

Notice of the meeting shall contain the full text of the

proposed rules and regulations, and the meeting shall

conform to the requirements of Section 18(b) of this Act,

except that no quorum is required at the meeting of the

unit owners unless the declaration, bylaws or other

condominium instrument expressly provides to the contrary.

However, no rule or regulation may impair any rights

guaranteed by the First Amendment to the Constitution of

the United States or Section 4 of Article I of the Illinois

Constitution including, but not limited to, the free

exercise of religion, nor may any rules or regulations

conflict with the provisions of this Act or the condominium

instruments. No rule or regulation shall prohibit any

reasonable accommodation for religious practices,

including the attachment of religiously mandated objects

to the front-door area of a condominium unit.

(i) To keep detailed, accurate records of the receipts

and expenditures affecting the use and operation of the

property.

(j) To have access to each unit from time to time as

may be necessary for the maintenance, repair or replacement

of any common elements or for making emergency repairs

necessary to prevent damage to the common elements or to

other units.

(k) To pay real property taxes, special assessments,

and any other special taxes or charges of the State of

Illinois or of any political subdivision thereof, or other

lawful taxing or assessing body, which are authorized by

law to be assessed and levied upon the real property of the

condominium.

(l) To impose charges for late payment of a unit

owner's proportionate share of the common expenses, or any

other expenses lawfully agreed upon, and after notice and

an opportunity to be heard, to levy reasonable fines for

violation of the declaration, by-laws, and rules and

regulations of the association.

(m) Unless the condominium instruments expressly

provide to the contrary, by a majority vote of the entire

board of managers, to assign the right of the association

to future income from common expenses or other sources, and

to mortgage or pledge substantially all of the remaining

assets of the association.

(n) To record the dedication of a portion of the common

elements to a public body for use as, or in connection

with, a street or utility where authorized by the unit

owners under the provisions of Section 14.2.

(o) To record the granting of an easement for the

laying of cable television or high speed Internet cable

where authorized by the unit owners under the provisions of

Section 14.3; to obtain, if available and determined by the

board to be in the best interests of the association, cable

television or bulk high speed Internet service for all of

the units of the condominium on a bulk identical service

and equal cost per unit basis; and to assess and recover

the expense as a common expense and, if so determined by

the board, to assess each and every unit on the same equal

cost per unit basis.

(p) To seek relief on behalf of all unit owners when

authorized pursuant to subsection (c) of Section 10 from or

in connection with the assessment or levying of real

property taxes, special assessments, and any other special

taxes or charges of the State of Illinois or of any

political subdivision thereof or of any lawful taxing or

assessing body.

(q) To reasonably accommodate the needs of a unit owner

who is a person with a disability handicapped unit owner as

required by the federal Civil Rights Act of 1968, the Human

Rights Act and any applicable local ordinances in the

exercise of its powers with respect to the use of common

elements or approval of modifications in an individual

unit.

(r) To accept service of a notice of claim for purposes

of the Mechanics Lien Act on behalf of each respective

member of the Unit Owners' Association with respect to

improvements performed pursuant to any contract entered

into by the Board of Managers or any contract entered into

prior to the recording of the condominium declaration

pursuant to this Act, for a property containing more than 8

units, and to distribute the notice to the unit owners

within 7 days of the acceptance of the service by the Board

of Managers. The service shall be effective as if each

individual unit owner had been served individually with

notice.

(s) To adopt and amend rules and regulations (l)

authorizing electronic delivery of notices and other

communications required or contemplated by this Act to each

unit owner who provides the association with written

authorization for electronic delivery and an electronic

address to which such communications are to be

electronically transmitted; and (2) authorizing each unit

owner to designate an electronic address or a U.S. Postal

Service address, or both, as the unit owner's address on

any list of members or unit owners which an association is

required to provide upon request pursuant to any provision

of this Act or any condominium instrument.

In the performance of their duties, the officers and

members of the board, whether appointed by the developer or

elected by the unit owners, shall exercise the care required of

a fiduciary of the unit owners.

The collection of assessments from unit owners by an

association, board of managers or their duly authorized agents

shall not be considered acts constituting a collection agency

for purposes of the Collection Agency Act.

The provisions of this Section are applicable to all

condominium instruments recorded under this Act. Any portion of

a condominium instrument which contains provisions contrary to

these provisions shall be void as against public policy and

ineffective. Any such instrument that fails to contain the

provisions required by this Section shall be deemed to

incorporate such provisions by operation of law.

(Source: P.A. 97-751, eff. 1-1-13; 98-735, eff. 1-1-15.)

Section 995. The Notice of Prepayment of Federally

Subsidized Mortgage Act is amended by changing Section 4 as

follows:

(765 ILCS 925/4) (from Ch. 67 1/2, par. 904)

Sec. 4. (a) An owner of subsidized housing shall provide to

the clerk of the unit of local government and to IHDA notice of

the earliest date upon which he may exercise prepayment of

mortgage. Such notice shall be delivered at least 12 months

prior to the date upon which the owner may prepay the mortgage.

The notice shall include the following information:

(1) the name and address of the owner or managing agent of

the building;

(2) the earliest date of allowed prepayment;

(3) the number of subsidized housing units in the building

subject to prepayment, and the number of subsidized housing

units occupied by persons age 62 or older, or by persons with

disabilities disabled persons, and households with children;

(4) the rental payment paid by each household occupying a

subsidized housing unit, not including any federal subsidy

received by the owner for such subsidized housing unit; and

(5) the rent schedule for the subsidized housing units as

approved by HUD or FmHA.

Such notice shall be available to the public upon request.

(b) Twelve months prior to the date upon which an owner may

exercise prepayment of mortgage, the owner shall:

(1) post a copy of such notice in a prominent location in

the affected building and leave the notice posted during the

entire notice period, and

(2) deliver, personally or by certified mail, copies of the

notice to all tenants residing in the building.

The owner shall provide a copy of the notice to all

prospective tenants. Such notices shall be on forms prescribed

by IHDA.

(Source: P.A. 85-1438.)

Section 1000. The Illinois Human Rights Act is amended by

changing Section 3-104.1 as follows:

(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)

Sec. 3-104.1. Refusal to sell or rent because a person has

a guide, hearing or support dog. It is a civil rights violation

for the owner or agent of any housing accommodation to:

(A) refuse to sell or rent after the making of a bonafide

offer, or to refuse to negotiate for the sale or rental of, or

otherwise make unavailable or deny property to any blind or ,

hearing impaired person or person with a physical disability or

physically disabled person because he has a guide, hearing or

support dog; or

(B) discriminate against any blind or , hearing impaired

person or person with a physical disability or physically

disabled person in the terms, conditions, or privileges of sale

or rental property, or in the provision of services or

facilities in connection therewith, because he has a guide,

hearing or support dog; or

(C) require, because a blind or , hearing impaired person

or person with a physical disability or physically disabled

person has a guide, hearing or support dog, an extra charge in

a lease, rental agreement, or contract of purchase or sale,

other than for actual damage done to the premises by the dog.

(Source: P.A. 95-668, eff. 10-10-07.)

Section 1005. The Public Works Employment Discrimination

Act is amended by changing Sections 4 and 8 as follows:

(775 ILCS 10/4) (from Ch. 29, par. 20)

Sec. 4. No contractor, subcontractor, nor any person on his

or her behalf shall, in any manner, discriminate against or

intimidate any employee hired for the performance of work for

the benefit of the State or for any department, bureau,

commission, board, other political subdivision or agency,

officer or agent thereof, on account of race, color, creed,

sex, religion, physical or mental disability handicap

unrelated to ability, or national origin; and there may be

deducted from the amount payable to the contractor by the State

of Illinois or by any municipal corporation thereof, under this

contract, a penalty of five dollars for each person for each

calendar day during which such person was discriminated against

or intimidated in violation of the provisions of this Act.

(Source: P.A. 80-336.)

(775 ILCS 10/8) (from Ch. 29, par. 24)

Sec. 8. The invalidity or unconstitutionality of any one or

more provisions, parts, or sections of this Act shall not be

held or construed to invalidate the whole or any other

provision, part, or section thereof, it being intended that

this Act shall be sustained and enforced to the fullest extent

possible and that it shall be construed as liberally as

possible to prevent refusals, denials, and discriminations of

and with reference to the award of contracts and employment

thereunder, on the ground of race, color, creed, sex, religion,

physical or mental disability handicap unrelated to ability, or

national origin.

(Source: P.A. 80-336.)

Section 1010. The Defense Contract Employment

Discrimination Act is amended by changing Sections 1, 3, and 7

as follows:

(775 ILCS 20/1) (from Ch. 29, par. 24a)

Sec. 1. In the construction of this act the public policy

of the state of Illinois is hereby declared as follows: To

facilitate the rearmament and defense program of the Federal

government by the integration into the war defense industries

of the state of Illinois all available types of labor, skilled,

semi-skilled and common shall participate without

discrimination as to race, color, creed, sex, religion,

physical or mental disability handicap unrelated to ability, or

national origin whatsoever.

(Source: P.A. 80-337.)

(775 ILCS 20/3) (from Ch. 29, par. 24c)

Sec. 3. It shall be unlawful for any war defense

contractor, its officers or agents or employees to discriminate

against any citizen of the state of Illinois because of race,

color, creed, sex, religion, physical or mental disability

handicap unrelated to ability, or national origin in the hiring

of employees and training for skilled or semi-skilled

employment, and every such discrimination shall be deemed a

violation of this act.

(Source: P.A. 80-337.)

(775 ILCS 20/7) (from Ch. 29, par. 24g)

Sec. 7. Whereas, each day a national defense emergency

exists, persons of health, ability and skill are hourly being

deprived of training and employment solely because of

discrimination of color, race, creed, sex, religion, physical

or mental disability handicap unrelated to ability, or national

origin. The penalty set out in paragraph 6 shall be a separate

offense for each day and the offender shall be fined for each

day's violation separately.

(Source: P.A. 80-337.)

Section 1015. The White Cane Law is amended by changing the

title of the Act and Sections 2, 3, 4, 5, and 6 as follows:

(775 ILCS 30/Act title)

An Act in relation to the rights of persons who are blind

or who have other disabilities otherwise physically disabled.

(775 ILCS 30/2) (from Ch. 23, par. 3362)

Sec. 2. It is the policy of this State to encourage and

enable persons who are blind, persons who have a visual

disability, and persons who have other physical disabilities

the blind, the visually handicapped and the otherwise

physically disabled to participate fully in the social and

economic life of the State and to engage in remunerative

employment.

(Source: P.A. 76-663.)

(775 ILCS 30/3) (from Ch. 23, par. 3363)

Sec. 3. The blind, persons who have a visual disability the

visually handicapped, the hearing impaired, persons who are

subject to epilepsy or other seizure disorders, and persons who

have other physical disabilities the otherwise physically

disabled have the same right as the able-bodied to the full and

free use of the streets, highways, sidewalks, walkways, public

buildings, public facilities and other public places.

The blind, persons who have a visual disability the

visually handicapped, the hearing impaired, persons who are

subject to epilepsy or other seizure disorders, and persons who

have other physical disabilities the otherwise physically

disabled are entitled to full and equal accommodations,

advantages, facilities and privileges of all common carriers,

airplanes, motor vehicles, railroad trains, motor buses,

street cars, boats or any other public conveyances or modes of

transportation, hotels, lodging places, places of public

accommodation, amusement or resort and other places to which

the general public is invited, subject only to the conditions

and limitations established by law and applicable alike to all

persons.

Every totally or partially blind or , hearing impaired

person, person who is subject to epilepsy or other seizure

disorders, or person who has any other physical disability

otherwise physically disabled person or a trainer of support

dogs, guide dogs, seizure-alert dogs, seizure-response dogs,

or hearing dogs shall have the right to be accompanied by a

support dog or guide dog especially trained for the purpose, or

a dog that is being trained to be a support dog, guide dog,

seizure-alert dog, seizure-response dog, or hearing dog, in any

of the places listed in this Section without being required to

pay an extra charge for the guide, support, seizure-alert,

seizure-response, or hearing dog; provided that he shall be

liable for any damage done to the premises or facilities by

such dog.

(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)

(775 ILCS 30/4) (from Ch. 23, par. 3364)

Sec. 4. Any person or persons, firm or corporation, or the

agent of any person or persons, firm or corporation who denies

or interferes with admittance to or enjoyment of the public

facilities enumerated in Section 3 of this Act or otherwise

interferes with the rights of a totally or partially blind

person or a person who has any other disability or otherwise

disabled person under Section 3 of this Act shall be guilty of

a Class A misdemeanor.

(Source: P.A. 77-2830.)

(775 ILCS 30/5) (from Ch. 23, par. 3365)

Sec. 5. It is the policy of this State that persons who are

blind, persons who have a visual disability, and persons with

other physical disabilities the blind, the visually

handicapped and the otherwise physically disabled shall be

employed in the State Service, the service of the political

subdivisions of the State, in the public schools and in all

other employment supported in whole or in part by public funds

on the same terms and conditions as the able-bodied, unless it

is shown that the particular disability prevents the

performance of the work involved.

(Source: P.A. 76-663.)

(775 ILCS 30/6) (from Ch. 23, par. 3366)

Sec. 6. Each year, the Governor is authorized and requested

to designate and take suitable public notice of White Cane

Safety Day and to issue a proclamation in which:

(a) he comments upon the significance of the white cane;

(b) he calls upon the citizens of the State to observe the

provisions of the White Cane Law and to take precautions

necessary to the safety of persons with disabilities the

disabled;

(c) he reminds the citizens of the State of the policies

with respect to the disabled herein declared and urges the

citizens to cooperate in giving effect to them;

(d) he emphasizes the need of the citizens to be aware of

the presence of disabled persons in the community and to keep

safe and functional for the disabled the streets, highways,

sidewalks, walkways, public buildings, public facilities,

other public places, places of public accommodation, amusement

and resort, and other places to which the public is invited,

and to offer assistance to disabled persons upon appropriate

occasions.

(Source: P.A. 76-663.)

Section 1020. The Disposition of Remains Act is amended by

changing Section 10 as follows:

(755 ILCS 65/10)

Sec. 10. Form. The written instrument authorizing the

disposition of remains under paragraph (1) of Section 5 of this

Act shall be in substantially the following form:

"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS

I, ................................, being of sound

mind, willfully and voluntarily make known my desire that,

upon my death, the disposition of my remains shall be

controlled by ................... (name of agent first

named below) and, with respect to that subject only, I

hereby appoint such person as my agent (attorney-in-fact).

All decisions made by my agent with respect to the

disposition of my remains, including cremation, shall be

binding.

SPECIAL DIRECTIONS:

Set forth below are any special directions limiting

the power granted to my agent:

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

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

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

If the disposition of my remains is by cremation, then:

( ) I do not wish to allow any of my survivors the option of

canceling my cremation and selecting alternative arrangements,

regardless of whether my survivors deem a change to be

appropriate.

( ) I wish to allow only the survivors I have designated below

the option of canceling my cremation and selecting alternative

arrangements, if they deem a change to be appropriate:

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

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

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

ASSUMPTION:

THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS

APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS

PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN

AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT

SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY

NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE

AGENT ACTING AT ANY TIME IS REQUIRED.

AGENT:

Name: ......................................

Address: ...................................

Telephone Number: ..........................

Signature Indicating Acceptance of Appointment: .........

Date of Signature: .........................

SUCCESSORS:

If my agent dies, is determined by a court to be under

a legal disability becomes legally disabled, resigns, or

refuses to act, I hereby appoint the following persons

(each to act alone and successively, in the order named) to

serve as my agent (attorney-in-fact) to control the

disposition of my remains as authorized by this document:

1. First Successor

Name: ......................................

Address: ...................................

Telephone Number: ..........................

Signature Indicating Acceptance of Appointment: .........

Date of Signature: ....................

2. Second Successor

Name: ......................................

Address: ...................................

Telephone Number: ..........................

Signature Indicating Acceptance of Appointment: .........

Date of Signature: .............

DURATION:

This appointment becomes effective upon my death.

PRIOR APPOINTMENTS REVOKED:

I hereby revoke any prior appointment of any person to

control the disposition of my remains.

RELIANCE:

I hereby agree that any hospital, cemetery

organization, business operating a crematory or

columbarium or both, funeral director or embalmer, or

funeral establishment who receives a copy of this document

may act under it. Any modification or revocation of this

document is not effective as to any such party until that

party receives actual notice of the modification or

revocation. No such party shall be liable because of

reliance on a copy of this document.

Signed this ...... day of .............., ...........

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

STATE OF ..................

COUNTY OF .................

BEFORE ME, the undersigned, a Notary Public, on this

day personally appeared ...................., proved to me

on the basis of satisfactory evidence to be the person

whose name is subscribed to the foregoing instrument and

acknowledged to me that he/she executed the same for the

purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day

of ................, 2........

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

Printed Name: .............................

Notary Public, State of ...................

My Commission Expires:

....................".

(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)

Section 1025. The Credit Card Issuance Act is amended by

changing Section 1b as follows:

(815 ILCS 140/1b) (from Ch. 17, par. 6003)

Sec. 1b. All credit card applications shall contain the

following words verbatim:

a. No applicant may be denied a credit card on account of

race, color, religion, national origin, ancestry, age (between

40 and 70), sex, marital status, physical or mental disability

handicap unrelated to the ability to pay or unfavorable

discharge from military service.

b. The applicant may request the reason for rejection of

his or her application for a credit card.

c. No person need reapply for a credit card solely because

of a change in marital status unless the change in marital

status has caused a deterioration in the person's financial

position.

d. A person may hold a credit card in any name permitted by

law that he or she regularly uses and is generally known by, so

long as no fraud is intended thereby.

(Source: P.A. 81-1216.)

Section 1030. The Motor Fuel Sales Act is amended by

changing Section 2 as follows:

(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)

Sec. 2. Assistance at stations with self-service and

full-service islands.

(a) Any attendant on duty at a gasoline station or service

station offering to the public retail sales of motor fuel at

both self-service and full-service islands shall, upon

request, dispense motor fuel for the driver of a car which is

parked at a self-service island and displays: (1) registration

plates issued to a person with a physical disability physically

disabled person pursuant to Section 3-616 of the Illinois

Vehicle Code; (2) registration plates issued to a veteran with

a disability disabled veteran pursuant to Section 3-609 or

3-609.01 of such Code; or (3) a special decal or device issued

pursuant to Section 11-1301.2 of such Code; and shall only

charge such driver prices as offered to the general public for

motor fuel dispensed at the self-service island. However, such

attendant shall not be required to perform other services which

are offered at the full-service island.

(b) Gasoline stations and service stations in this State

are subject to the federal Americans with Disabilities Act and

must:

(1) provide refueling assistance upon the request of an

individual with a disability (A gasoline station or service

station is not required to provide such service at any time

that it is operating on a remote control basis with a

single employee on duty at the motor fuel site, but is

encouraged to do so, if feasible.);

(2) by January 1, 2014, provide and display at least

one ADA compliant motor fuel dispenser with a direct

telephone number to the station that allows an a disabled

operator of a motor vehicle who has a disability to request

refueling assistance, with the telephone number posted in

close proximity to the International Symbol of

Accessibility required by the federal Americans with

Disabilities Act, however, if the station does not have at

least one ADA compliant motor fuel dispenser, the station

must display on at least one motor fuel dispenser a direct

telephone number to the station that allows an a disabled

operator of a motor vehicle who has a disability to request

refueling assistance; and

(3) provide the refueling assistance without any

charge beyond the self-serve price.

(c) The signage required under paragraph (2) of subsection

(b) shall be designated by the station owner and shall be

posted in a prominently visible place. The sign shall be

clearly visible to customers.

(d) The Secretary of State shall provide to persons with

disabilities information regarding the availability of

refueling assistance under this Section by the following

methods:

(1) by posting information about that availability on

the Secretary of State's Internet website, along with a

link to the Department of Human Services website; and

(2) by publishing a brochure containing information

about that availability, which shall be made available at

all Secretary of State offices throughout the State.

(e) The Department of Human Services shall post on its

Internet website information regarding the availability of

refueling assistance for persons with disabilities and the

addresses and telephone numbers of all gasoline and service

stations in Illinois.

(f) A person commits a Class C misdemeanor if he or she

telephones a gasoline station or service station to request

refueling assistance and he or she:

(1) is not actually physically present at the gasoline

or service station; or

(2) is physically present at the gasoline or service

station but does not actually require refueling

assistance.

(g) The Department of Transportation shall work in

cooperation with appropriate representatives of gasoline and

service station trade associations and the petroleum industry

to increase the signage at gasoline and service stations on

interstate highways in this State with regard to the

availability of refueling assistance for persons with

disabilities.

(h) If an owner of a gas station or service station is

found by the Illinois Department of Agriculture, Bureau of

Weights and Measures, to be in violation of this Act, the owner

shall pay an administrative fine of $250. Any moneys collected

by the Department shall be deposited into the Motor Fuel and

Petroleum Standards Fund. The Department of Agriculture shall

have the same authority and powers as provided for in the Motor

Fuel and Petroleum Standards Act in enforcing this Act.

(Source: P.A. 97-1152, eff. 6-1-13.)

Section 1035. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Sections 2FF and 2MM as

follows:

(815 ILCS 505/2FF)

Sec. 2FF. Electric service fraud; elderly persons or

persons with disabilities disabled persons; additional

penalties. With respect to the advertising, sale, provider

selection, billings, or collections relating to the provision

of electric service, where the consumer is an elderly person or

person with a disability disabled person, a civil penalty of

$50,000 may be imposed for each violation. For purposes of this

Section:

(1) "Elderly person" means a person 60 years of age or

older.

(2) "Person with a disability Disabled person" means a

person who suffers from a permanent physical or mental

impairment resulting from disease, injury, functional disorder

or congenital condition.

(3) "Electric service" shall have the meaning given that

term in Section 6.5 of the Attorney General Act.

(Source: P.A. 90-561, eff. 12-16-97.)

(815 ILCS 505/2MM)

Sec. 2MM. Verification of accuracy of consumer reporting

information used to extend consumers credit and security freeze

on credit reports.

(a) A credit card issuer who mails an offer or solicitation

to apply for a credit card and who receives a completed

application in response to the offer or solicitation which

lists an address that is not substantially the same as the

address on the offer or solicitation may not issue a credit

card based on that application until reasonable steps have been

taken to verify the applicant's change of address.

(b) Any person who uses a consumer credit report in

connection with the approval of credit based on the application

for an extension of credit, and who has received notification

of a police report filed with a consumer reporting agency that

the applicant has been a victim of financial identity theft, as

defined in Section 16-30 or 16G-15 of the Criminal Code of 1961

or the Criminal Code of 2012, may not lend money or extend

credit without taking reasonable steps to verify the consumer's

identity and confirm that the application for an extension of

credit is not the result of financial identity theft.

(c) A consumer may request that a security freeze be placed

on his or her credit report by sending a request in writing by

certified mail to a consumer reporting agency at an address

designated by the consumer reporting agency to receive such

requests.

The following persons may request that a security freeze be

placed on the credit report of a person with a disability

disabled person:

(1) a guardian of the person with a disability disabled

person that is the subject of the request, appointed under

Article XIa of the Probate Act of 1975; and

(2) an agent of the person with a disability disabled

person that is the subject of the request, under a written

durable power of attorney that complies with the Illinois

Power of Attorney Act.

The following persons may request that a security freeze

be placed on the credit report of a minor:

(1) a guardian of the minor that is the subject of the

request, appointed under Article XI of the Probate Act of

1975;

(2) a parent of the minor that is the subject of the

request; and

(3) a guardian appointed under the Juvenile Court Act

of 1987 for a minor under the age of 18 who is the subject

of the request or, with a court order authorizing the

guardian consent power, for a youth who is the subject of

the request who has attained the age of 18, but who is

under the age of 21.

This subsection (c) does not prevent a consumer reporting

agency from advising a third party that a security freeze is in

effect with respect to the consumer's credit report.

(d) A consumer reporting agency shall place a security

freeze on a consumer's credit report no later than 5 business

days after receiving a written request from the consumer:

(1) a written request described in subsection (c);

(2) proper identification; and

(3) payment of a fee, if applicable.

(e) Upon placing the security freeze on the consumer's

credit report, the consumer reporting agency shall send to the

consumer within 10 business days a written confirmation of the

placement of the security freeze and a unique personal

identification number or password or similar device, other than

the consumer's Social Security number, to be used by the

consumer when providing authorization for the release of his or

her credit report for a specific party or period of time.

(f) If the consumer wishes to allow his or her credit

report to be accessed for a specific party or period of time

while a freeze is in place, he or she shall contact the

consumer reporting agency using a point of contact designated

by the consumer reporting agency, request that the freeze be

temporarily lifted, and provide the following:

(1) Proper identification;

(2) The unique personal identification number or

password or similar device provided by the consumer

reporting agency;

(3) The proper information regarding the third party or

time period for which the report shall be available to

users of the credit report; and

(4) A fee, if applicable.

A security freeze for a minor may not be temporarily

lifted. This Section does not require a consumer reporting

agency to provide to a minor or a parent or guardian of a minor

on behalf of the minor a unique personal identification number,

password, or similar device provided by the consumer reporting

agency for the minor, or parent or guardian of the minor, to

use to authorize the consumer reporting agency to release

information from a minor.

(g) A consumer reporting agency shall develop a contact

method to receive and process a request from a consumer to

temporarily lift a freeze on a credit report pursuant to

subsection (f) in an expedited manner.

A contact method under this subsection shall include: (i) a

postal address; and (ii) an electronic contact method chosen by

the consumer reporting agency, which may include the use of

telephone, fax, Internet, or other electronic means.

(h) A consumer reporting agency that receives a request

from a consumer to temporarily lift a freeze on a credit report

pursuant to subsection (f), shall comply with the request no

later than 3 business days after receiving the request.

(i) A consumer reporting agency shall remove or temporarily

lift a freeze placed on a consumer's credit report only in the

following cases:

(1) upon consumer request, pursuant to subsection (f)

or subsection (l) of this Section; or

(2) if the consumer's credit report was frozen due to a

material misrepresentation of fact by the consumer.

If a consumer reporting agency intends to remove a freeze

upon a consumer's credit report pursuant to this subsection,

the consumer reporting agency shall notify the consumer in

writing prior to removing the freeze on the consumer's credit

report.

(j) If a third party requests access to a credit report on

which a security freeze is in effect, and this request is in

connection with an application for credit or any other use, and

the consumer does not allow his or her credit report to be

accessed for that specific party or period of time, the third

party may treat the application as incomplete.

(k) If a consumer requests a security freeze, the credit

reporting agency shall disclose to the consumer the process of

placing and temporarily lifting a security freeze, and the

process for allowing access to information from the consumer's

credit report for a specific party or period of time while the

freeze is in place.

(l) A security freeze shall remain in place until the

consumer or person authorized under subsection (c) to act on

behalf of the minor or person with a disability disabled person

that is the subject of the security freeze requests, using a

point of contact designated by the consumer reporting agency,

that the security freeze be removed. A credit reporting agency

shall remove a security freeze within 3 business days of

receiving a request for removal from the consumer, who

provides:

(1) Proper identification;

(2) The unique personal identification number or

password or similar device provided by the consumer

reporting agency; and

(3) A fee, if applicable.

(m) A consumer reporting agency shall require proper

identification of the person making a request to place or

remove a security freeze and may require proper identification

and proper authority from the person making the request to

place or remove a freeze on behalf of the person with a

disability disabled person or minor.

(n) The provisions of subsections (c) through (m) of this

Section do not apply to the use of a consumer credit report by

any of the following:

(1) A person or entity, or a subsidiary, affiliate, or

agent of that person or entity, or an assignee of a

financial obligation owing by the consumer to that person

or entity, or a prospective assignee of a financial

obligation owing by the consumer to that person or entity

in conjunction with the proposed purchase of the financial

obligation, with which the consumer has or had prior to

assignment an account or contract, including a demand

deposit account, or to whom the consumer issued a

negotiable instrument, for the purposes of reviewing the

account or collecting the financial obligation owing for

the account, contract, or negotiable instrument. For

purposes of this subsection, "reviewing the account"

includes activities related to account maintenance,

monitoring, credit line increases, and account upgrades

and enhancements.

(2) A subsidiary, affiliate, agent, assignee, or

prospective assignee of a person to whom access has been

granted under subsection (f) of this Section for purposes

of facilitating the extension of credit or other

permissible use.

(3) Any state or local agency, law enforcement agency,

trial court, or private collection agency acting pursuant

to a court order, warrant, or subpoena.

(4) A child support agency acting pursuant to Title

IV-D of the Social Security Act.

(5) The State or its agents or assigns acting to

investigate fraud.

(6) The Department of Revenue or its agents or assigns

acting to investigate or collect delinquent taxes or unpaid

court orders or to fulfill any of its other statutory

responsibilities.

(7) The use of credit information for the purposes of

prescreening as provided for by the federal Fair Credit

Reporting Act.

(8) Any person or entity administering a credit file

monitoring subscription or similar service to which the

consumer has subscribed.

(9) Any person or entity for the purpose of providing a

consumer with a copy of his or her credit report or score

upon the consumer's request.

(10) Any person using the information in connection

with the underwriting of insurance.

(n-5) This Section does not prevent a consumer reporting

agency from charging a fee of no more than $10 to a consumer

for each freeze, removal, or temporary lift of the freeze,

regarding access to a consumer credit report, except that a

consumer reporting agency may not charge a fee to (i) a

consumer 65 years of age or over for placement and removal of a

freeze, or (ii) a victim of identity theft who has submitted to

the consumer reporting agency a valid copy of a police report,

investigative report, or complaint that the consumer has filed

with a law enforcement agency about unlawful use of his or her

personal information by another person.

(o) If a security freeze is in place, a consumer reporting

agency shall not change any of the following official

information in a credit report without sending a written

confirmation of the change to the consumer within 30 days of

the change being posted to the consumer's file: (i) name, (ii)

date of birth, (iii) Social Security number, and (iv) address.

Written confirmation is not required for technical

modifications of a consumer's official information, including

name and street abbreviations, complete spellings, or

transposition of numbers or letters. In the case of an address

change, the written confirmation shall be sent to both the new

address and to the former address.

(p) The following entities are not required to place a

security freeze in a consumer report, however, pursuant to

paragraph (3) of this subsection, a consumer reporting agency

acting as a reseller shall honor any security freeze placed on

a consumer credit report by another consumer reporting agency:

(1) A check services or fraud prevention services

company, which issues reports on incidents of fraud or

authorizations for the purpose of approving or processing

negotiable instruments, electronic funds transfers, or

similar methods of payment.

(2) A deposit account information service company,

which issues reports regarding account closures due to

fraud, substantial overdrafts, ATM abuse, or similar

negative information regarding a consumer to inquiring

banks or other financial institutions for use only in

reviewing a consumer request for a deposit account at the

inquiring bank or financial institution.

(3) A consumer reporting agency that:

(A) acts only to resell credit information by

assembling and merging information contained in a

database of one or more consumer reporting agencies;

and

(B) does not maintain a permanent database of

credit information from which new credit reports are

produced.

(q) For purposes of this Section:

"Credit report" has the same meaning as "consumer report",

as ascribed to it in 15 U.S.C. Sec. 1681a(d).

"Consumer reporting agency" has the meaning ascribed to it

in 15 U.S.C. Sec. 1681a(f).

"Security freeze" means a notice placed in a consumer's

credit report, at the request of the consumer and subject to

certain exceptions, that prohibits the consumer reporting

agency from releasing the consumer's credit report or score

relating to an extension of credit, without the express

authorization of the consumer.

"Extension of credit" does not include an increase in an

existing open-end credit plan, as defined in Regulation Z of

the Federal Reserve System (12 C.F.R. 226.2), or any change to

or review of an existing credit account.

"Proper authority" means documentation that shows that a

parent, guardian, or agent has authority to act on behalf of a

minor or person with a disability disabled person. "Proper

authority" includes (1) an order issued by a court of law that

shows that a guardian has authority to act on behalf of a minor

or person with a disability disabled person, (2) a written,

notarized statement signed by a parent that expressly describes

the authority of the parent to act on behalf of the minor, or

(3) a durable power of attorney that complies with the Illinois

Power of Attorney Act.

"Proper identification" means information generally deemed

sufficient to identify a person. Only if the consumer is unable

to reasonably identify himself or herself with the information

described above, may a consumer reporting agency require

additional information concerning the consumer's employment

and personal or family history in order to verify his or her

identity.

(r) Any person who violates this Section commits an

unlawful practice within the meaning of this Act.

(Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13;

98-486, eff. 1-1-14; 98-756, eff. 7-16-14.)

Section 1040. The Home Repair Fraud Act is amended by

changing Section 5 as follows:

(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)

Sec. 5. Aggravated Home Repair Fraud. A person commits the

offense of aggravated home repair fraud when he commits home

repair fraud:

(i) against an elderly person or a person with a

disability as defined in Section 17-56 of the Criminal Code

of 2012; or

(ii) in connection with a home repair project intended

to assist a person with a disability disabled person.

(a) Aggravated violation of paragraphs (1) or (2) of

subsection (a) of Section 3 of this Act shall be a Class 2

felony when the amount of the contract or agreement is more

than $500, a Class 3 felony when the amount of the contract or

agreement is $500 or less, and a Class 2 felony for a second or

subsequent offense when the amount of the contract or agreement

is $500 or less. If 2 or more contracts or agreements for home

repair exceed an aggregate amount of $500 or more and such

contracts or agreements are entered into with the same victim

by one or more of the defendants as part of or in furtherance

of a common fraudulent scheme, design or intention, the

violation shall be a Class 2 felony.

(b) Aggravated violation of paragraph (3) of subsection (a)

of Section 3 of this Act shall be a Class 2 felony when the

amount of the contract or agreement is more than $5,000 and a

Class 3 felony when the amount of the contract or agreement is

$5,000 or less.

(c) Aggravated violation of paragraph (4) of subsection (a)

of Section 3 of this Act shall be a Class 3 felony when the

amount of the contract or agreement is more than $500, a Class

4 felony when the amount of the contract or agreement is $500

or less and a Class 3 felony for a second or subsequent offense

when the amount of the contract or agreement is $500 or less.

(d) Aggravated violation of paragraphs (1) or (2) of

subsection (b) of Section 3 of this Act shall be a Class 3

felony.

(e) If a person commits aggravated home repair fraud, then

any State or local license or permit held by that person that

relates to the business of home repair may be appropriately

suspended or revoked by the issuing authority, commensurate

with the severity of the offense.

(f) A defense to aggravated home repair fraud does not

exist merely because the accused reasonably believed the victim

to be a person less than 60 years of age.

(Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11;

97-1150, eff. 1-25-13.)

Section 1045. The Motor Vehicle Franchise Act is amended by

changing Section 4 as follows:

(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)

Sec. 4. Unfair competition and practices.

(a) The unfair methods of competition and unfair and

deceptive acts or practices listed in this Section are hereby

declared to be unlawful. In construing the provisions of this

Section, the courts may be guided by the interpretations of the

Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from

time to time amended.

(b) It shall be deemed a violation for any manufacturer,

factory branch, factory representative, distributor or

wholesaler, distributor branch, distributor representative or

motor vehicle dealer to engage in any action with respect to a

franchise which is arbitrary, in bad faith or unconscionable

and which causes damage to any of the parties or to the public.

(c) It shall be deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division, a

factory branch or division, or a wholesale branch or division,

or officer, agent or other representative thereof, to coerce,

or attempt to coerce, any motor vehicle dealer:

(1) to accept, buy or order any motor vehicle or

vehicles, appliances, equipment, parts or accessories

therefor, or any other commodity or commodities or service

or services which such motor vehicle dealer has not

voluntarily ordered or requested except items required by

applicable local, state or federal law; or to require a

motor vehicle dealer to accept, buy, order or purchase such

items in order to obtain any motor vehicle or vehicles or

any other commodity or commodities which have been ordered

or requested by such motor vehicle dealer;

(2) to order or accept delivery of any motor vehicle

with special features, appliances, accessories or

equipment not included in the list price of the motor

vehicles as publicly advertised by the manufacturer

thereof, except items required by applicable law; or

(3) to order for anyone any parts, accessories,

equipment, machinery, tools, appliances or any commodity

whatsoever, except items required by applicable law.

(d) It shall be deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division, or

officer, agent or other representative thereof:

(1) to adopt, change, establish or implement a plan or

system for the allocation and distribution of new motor

vehicles to motor vehicle dealers which is arbitrary or

capricious or to modify an existing plan so as to cause the

same to be arbitrary or capricious;

(2) to fail or refuse to advise or disclose to any

motor vehicle dealer having a franchise or selling

agreement, upon written request therefor, the basis upon

which new motor vehicles of the same line make are

allocated or distributed to motor vehicle dealers in the

State and the basis upon which the current allocation or

distribution is being made or will be made to such motor

vehicle dealer;

(3) to refuse to deliver in reasonable quantities and

within a reasonable time after receipt of dealer's order,

to any motor vehicle dealer having a franchise or selling

agreement for the retail sale of new motor vehicles sold or

distributed by such manufacturer, distributor, wholesaler,

distributor branch or division, factory branch or division

or wholesale branch or division, any such motor vehicles as

are covered by such franchise or selling agreement

specifically publicly advertised in the State by such

manufacturer, distributor, wholesaler, distributor branch

or division, factory branch or division, or wholesale

branch or division to be available for immediate delivery.

However, the failure to deliver any motor vehicle shall not

be considered a violation of this Act if such failure is

due to an act of God, a work stoppage or delay due to a

strike or labor difficulty, a shortage of materials, a lack

of manufacturing capacity, a freight embargo or other cause

over which the manufacturer, distributor, or wholesaler,

or any agent thereof has no control;

(4) to coerce, or attempt to coerce, any motor vehicle

dealer to enter into any agreement with such manufacturer,

distributor, wholesaler, distributor branch or division,

factory branch or division, or wholesale branch or

division, or officer, agent or other representative

thereof, or to do any other act prejudicial to the dealer

by threatening to reduce his allocation of motor vehicles

or cancel any franchise or any selling agreement existing

between such manufacturer, distributor, wholesaler,

distributor branch or division, or factory branch or

division, or wholesale branch or division, and the dealer.

However, notice in good faith to any motor vehicle dealer

of the dealer's violation of any terms or provisions of

such franchise or selling agreement or of any law or

regulation applicable to the conduct of a motor vehicle

dealer shall not constitute a violation of this Act;

(5) to require a franchisee to participate in an

advertising campaign or contest or any promotional

campaign, or to purchase or lease any promotional

materials, training materials, show room or other display

decorations or materials at the expense of the franchisee;

(6) to cancel or terminate the franchise or selling

agreement of a motor vehicle dealer without good cause and

without giving notice as hereinafter provided; to fail or

refuse to extend the franchise or selling agreement of a

motor vehicle dealer upon its expiration without good cause

and without giving notice as hereinafter provided; or, to

offer a renewal, replacement or succeeding franchise or

selling agreement containing terms and provisions the

effect of which is to substantially change or modify the

sales and service obligations or capital requirements of

the motor vehicle dealer arbitrarily and without good cause

and without giving notice as hereinafter provided

notwithstanding any term or provision of a franchise or

selling agreement.

(A) If a manufacturer, distributor, wholesaler,

distributor branch or division, factory branch or

division or wholesale branch or division intends to

cancel or terminate a franchise or selling agreement or

intends not to extend or renew a franchise or selling

agreement on its expiration, it shall send a letter by

certified mail, return receipt requested, to the

affected franchisee at least 60 days before the

effective date of the proposed action, or not later

than 10 days before the proposed action when the reason

for the action is based upon either of the following:

(i) the business operations of the franchisee

have been abandoned or the franchisee has failed to

conduct customary sales and service operations

during customary business hours for at least 7

consecutive business days unless such closing is

due to an act of God, strike or labor difficulty or

other cause over which the franchisee has no

control; or

(ii) the conviction of or plea of nolo

contendere by the motor vehicle dealer or any

operator thereof in a court of competent

jurisdiction to an offense punishable by

imprisonment for more than two years.

Each notice of proposed action shall include a

detailed statement setting forth the specific grounds

for the proposed cancellation, termination, or refusal

to extend or renew and shall state that the dealer has

only 30 days from receipt of the notice to file with

the Motor Vehicle Review Board a written protest

against the proposed action.

(B) If a manufacturer, distributor, wholesaler,

distributor branch or division, factory branch or

division or wholesale branch or division intends to

change substantially or modify the sales and service

obligations or capital requirements of a motor vehicle

dealer as a condition to extending or renewing the

existing franchise or selling agreement of such motor

vehicle dealer, it shall send a letter by certified

mail, return receipt requested, to the affected

franchisee at least 60 days before the date of

expiration of the franchise or selling agreement. Each

notice of proposed action shall include a detailed

statement setting forth the specific grounds for the

proposed action and shall state that the dealer has

only 30 days from receipt of the notice to file with

the Motor Vehicle Review Board a written protest

against the proposed action.

(C) Within 30 days from receipt of the notice under

subparagraphs (A) and (B), the franchisee may file with

the Board a written protest against the proposed

action.

When the protest has been timely filed, the Board

shall enter an order, fixing a date (within 60 days of

the date of the order), time, and place of a hearing on

the protest required under Sections 12 and 29 of this

Act, and send by certified mail, return receipt

requested, a copy of the order to the manufacturer that

filed the notice of intention of the proposed action

and to the protesting dealer or franchisee.

The manufacturer shall have the burden of proof to

establish that good cause exists to cancel or

terminate, or fail to extend or renew the franchise or

selling agreement of a motor vehicle dealer or

franchisee, and to change substantially or modify the

sales and service obligations or capital requirements

of a motor vehicle dealer as a condition to extending

or renewing the existing franchise or selling

agreement. The determination whether good cause exists

to cancel, terminate, or refuse to renew or extend the

franchise or selling agreement, or to change or modify

the obligations of the dealer as a condition to offer

renewal, replacement, or succession shall be made by

the Board under subsection (d) of Section 12 of this

Act.

(D) Notwithstanding the terms, conditions, or

provisions of a franchise or selling agreement, the

following shall not constitute good cause for

cancelling or terminating or failing to extend or renew

the franchise or selling agreement: (i) the change of

ownership or executive management of the franchisee's

dealership; or (ii) the fact that the franchisee or

owner of an interest in the franchise owns, has an

investment in, participates in the management of, or

holds a license for the sale of the same or any other

line make of new motor vehicles.

(E) The manufacturer may not cancel or terminate,

or fail to extend or renew a franchise or selling

agreement or change or modify the obligations of the

franchisee as a condition to offering a renewal,

replacement, or succeeding franchise or selling

agreement before the hearing process is concluded as

prescribed by this Act, and thereafter, if the Board

determines that the manufacturer has failed to meet its

burden of proof and that good cause does not exist to

allow the proposed action;

(7) notwithstanding the terms of any franchise

agreement, to fail to indemnify and hold harmless its

franchised dealers against any judgment or settlement for

damages, including, but not limited to, court costs, expert

witness fees, reasonable attorneys' fees of the new motor

vehicle dealer, and other expenses incurred in the

litigation, so long as such fees and costs are reasonable,

arising out of complaints, claims or lawsuits including,

but not limited to, strict liability, negligence,

misrepresentation, warranty (express or implied), or

recision of the sale as defined in Section 2-608 of the

Uniform Commercial Code, to the extent that the judgment or

settlement relates to the alleged defective or negligent

manufacture, assembly or design of new motor vehicles,

parts or accessories or other functions by the

manufacturer, beyond the control of the dealer; provided

that, in order to provide an adequate defense, the

manufacturer receives notice of the filing of a complaint,

claim, or lawsuit within 60 days after the filing;

(8) to require or otherwise coerce a motor vehicle

dealer to underutilize the motor vehicle dealer's

facilities by requiring or otherwise coercing the motor

vehicle dealer to exclude or remove from the motor vehicle

dealer's facilities operations for selling or servicing of

any vehicles for which the motor vehicle dealer has a

franchise agreement with another manufacturer,

distributor, wholesaler, distribution branch or division,

or officer, agent, or other representative thereof;

provided, however, that, in light of all existing

circumstances, (i) the motor vehicle dealer maintains a

reasonable line of credit for each make or line of new

motor vehicle, (ii) the new motor vehicle dealer remains in

compliance with any reasonable facilities requirements of

the manufacturer, (iii) no change is made in the principal

management of the new motor vehicle dealer, and (iv) the

addition of the make or line of new motor vehicles would be

reasonable. The reasonable facilities requirement set

forth in item (ii) of subsection (d)(8) shall not include

any requirement that a franchisee establish or maintain

exclusive facilities, personnel, or display space. Any

decision by a motor vehicle dealer to sell additional makes

or lines at the motor vehicle dealer's facility shall be

presumed to be reasonable, and the manufacturer shall have

the burden to overcome that presumption. A motor vehicle

dealer must provide a written notification of its intent to

add a make or line of new motor vehicles to the

manufacturer. If the manufacturer does not respond to the

motor vehicle dealer, in writing, objecting to the addition

of the make or line within 60 days after the date that the

motor vehicle dealer sends the written notification, then

the manufacturer shall be deemed to have approved the

addition of the make or line; or

(9) to use or consider the performance of a motor

vehicle dealer relating to the sale of the manufacturer's,

distributor's, or wholesaler's vehicles or the motor

vehicle dealer's ability to satisfy any minimum sales or

market share quota or responsibility relating to the sale

of the manufacturer's, distributor's, or wholesaler's new

vehicles in determining:

(A) the motor vehicle dealer's eligibility to

purchase program, certified, or other used motor

vehicles from the manufacturer, distributor, or

wholesaler;

(B) the volume, type, or model of program,

certified, or other used motor vehicles that a motor

vehicle dealer is eligible to purchase from the

manufacturer, distributor, or wholesaler;

(C) the price of any program, certified, or other

used motor vehicle that the dealer is eligible to

purchase from the manufacturer, distributor, or

wholesaler; or

(D) the availability or amount of any discount,

credit, rebate, or sales incentive that the dealer is

eligible to receive from the manufacturer,

distributor, or wholesaler for the purchase of any

program, certified, or other used motor vehicle

offered for sale by the manufacturer, distributor, or

wholesaler.

(e) It shall be deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division or

officer, agent or other representative thereof:

(1) to resort to or use any false or misleading

advertisement in connection with his business as such

manufacturer, distributor, wholesaler, distributor branch

or division or officer, agent or other representative

thereof;

(2) to offer to sell or lease, or to sell or lease, any

new motor vehicle to any motor vehicle dealer at a lower

actual price therefor than the actual price offered to any

other motor vehicle dealer for the same model vehicle

similarly equipped or to utilize any device including, but

not limited to, sales promotion plans or programs which

result in such lesser actual price or fail to make

available to any motor vehicle dealer any preferential

pricing, incentive, rebate, finance rate, or low interest

loan program offered to competing motor vehicle dealers in

other contiguous states. However, the provisions of this

paragraph shall not apply to sales to a motor vehicle

dealer for resale to any unit of the United States

Government, the State or any of its political subdivisions;

(3) to offer to sell or lease, or to sell or lease, any

new motor vehicle to any person, except a wholesaler,

distributor or manufacturer's employees at a lower actual

price therefor than the actual price offered and charged to

a motor vehicle dealer for the same model vehicle similarly

equipped or to utilize any device which results in such

lesser actual price. However, the provisions of this

paragraph shall not apply to sales to a motor vehicle

dealer for resale to any unit of the United States

Government, the State or any of its political subdivisions;

(4) to prevent or attempt to prevent by contract or

otherwise any motor vehicle dealer or franchisee from

changing the executive management control of the motor

vehicle dealer or franchisee unless the franchiser, having

the burden of proof, proves that such change of executive

management will result in executive management control by a

person or persons who are not of good moral character or

who do not meet the franchiser's existing and, with

consideration given to the volume of sales and service of

the dealership, uniformly applied minimum business

experience standards in the market area. However where the

manufacturer rejects a proposed change in executive

management control, the manufacturer shall give written

notice of his reasons to the dealer within 60 days of

notice to the manufacturer by the dealer of the proposed

change. If the manufacturer does not send a letter to the

franchisee by certified mail, return receipt requested,

within 60 days from receipt by the manufacturer of the

proposed change, then the change of the executive

management control of the franchisee shall be deemed

accepted as proposed by the franchisee, and the

manufacturer shall give immediate effect to such change;

(5) to prevent or attempt to prevent by contract or

otherwise any motor vehicle dealer from establishing or

changing the capital structure of his dealership or the

means by or through which he finances the operation

thereof; provided the dealer meets any reasonable capital

standards agreed to between the dealer and the

manufacturer, distributor or wholesaler, who may require

that the sources, method and manner by which the dealer

finances or intends to finance its operation, equipment or

facilities be fully disclosed;

(6) to refuse to give effect to or prevent or attempt

to prevent by contract or otherwise any motor vehicle

dealer or any officer, partner or stockholder of any motor

vehicle dealer from selling or transferring any part of the

interest of any of them to any other person or persons or

party or parties unless such sale or transfer is to a

transferee who would not otherwise qualify for a new motor

vehicle dealers license under "The Illinois Vehicle Code"

or unless the franchiser, having the burden of proof,

proves that such sale or transfer is to a person or party

who is not of good moral character or does not meet the

franchiser's existing and reasonable capital standards

and, with consideration given to the volume of sales and

service of the dealership, uniformly applied minimum

business experience standards in the market area. However,

nothing herein shall be construed to prevent a franchiser

from implementing affirmative action programs providing

business opportunities for minorities or from complying

with applicable federal, State or local law:

(A) If the manufacturer intends to refuse to

approve the sale or transfer of all or a part of the

interest, then it shall, within 60 days from receipt of

the completed application forms generally utilized by

a manufacturer to conduct its review and a copy of all

agreements regarding the proposed transfer, send a

letter by certified mail, return receipt requested,

advising the franchisee of any refusal to approve the

sale or transfer of all or part of the interest and

shall state that the dealer only has 30 days from the

receipt of the notice to file with the Motor Vehicle

Review Board a written protest against the proposed

action. The notice shall set forth specific criteria

used to evaluate the prospective transferee and the

grounds for refusing to approve the sale or transfer to

that transferee. Within 30 days from the franchisee's

receipt of the manufacturer's notice, the franchisee

may file with the Board a written protest against the

proposed action.

When a protest has been timely filed, the Board

shall enter an order, fixing the date (within 60 days

of the date of such order), time, and place of a

hearing on the protest, required under Sections 12 and

29 of this Act, and send by certified mail, return

receipt requested, a copy of the order to the

manufacturer that filed notice of intention of the

proposed action and to the protesting franchisee.

The manufacturer shall have the burden of proof to

establish that good cause exists to refuse to approve

the sale or transfer to the transferee. The

determination whether good cause exists to refuse to

approve the sale or transfer shall be made by the Board

under subdivisions (6)(B). The manufacturer shall not

refuse to approve the sale or transfer by a dealer or

an officer, partner, or stockholder of a franchise or

any part of the interest to any person or persons

before the hearing process is concluded as prescribed

by this Act, and thereafter if the Board determines

that the manufacturer has failed to meet its burden of

proof and that good cause does not exist to refuse to

approve the sale or transfer to the transferee.

(B) Good cause to refuse to approve such sale or

transfer under this Section is established when such

sale or transfer is to a transferee who would not

otherwise qualify for a new motor vehicle dealers

license under "The Illinois Vehicle Code" or such sale

or transfer is to a person or party who is not of good

moral character or does not meet the franchiser's

existing and reasonable capital standards and, with

consideration given to the volume of sales and service

of the dealership, uniformly applied minimum business

experience standards in the market area.

(7) to obtain money, goods, services, anything of

value, or any other benefit from any other person with whom

the motor vehicle dealer does business, on account of or in

relation to the transactions between the dealer and the

other person as compensation, except for services actually

rendered, unless such benefit is promptly accounted for and

transmitted to the motor vehicle dealer;

(8) to grant an additional franchise in the relevant

market area of an existing franchise of the same line make

or to relocate an existing motor vehicle dealership within

or into a relevant market area of an existing franchise of

the same line make. However, if the manufacturer wishes to

grant such an additional franchise to an independent person

in a bona fide relationship in which such person is

prepared to make a significant investment subject to loss

in such a dealership, or if the manufacturer wishes to

relocate an existing motor vehicle dealership, then the

manufacturer shall send a letter by certified mail, return

receipt requested, to each existing dealer or dealers of

the same line make whose relevant market area includes the

proposed location of the additional or relocated franchise

at least 60 days before the manufacturer grants an

additional franchise or relocates an existing franchise of

the same line make within or into the relevant market area

of an existing franchisee of the same line make. Each

notice shall set forth the specific grounds for the

proposed grant of an additional or relocation of an

existing franchise and shall state that the dealer has only

30 days from the date of receipt of the notice to file with

the Motor Vehicle Review Board a written protest against

the proposed action. Unless the parties agree upon the

grant or establishment of the additional or relocated

franchise within 30 days from the date the notice was

received by the existing franchisee of the same line make

or any person entitled to receive such notice, the

franchisee or other person may file with the Board a

written protest against the grant or establishment of the

proposed additional or relocated franchise.

When a protest has been timely filed, the Board shall

enter an order fixing a date (within 60 days of the date of

the order), time, and place of a hearing on the protest,

required under Sections 12 and 29 of this Act, and send by

certified or registered mail, return receipt requested, a

copy of the order to the manufacturer that filed the notice

of intention to grant or establish the proposed additional

or relocated franchise and to the protesting dealer or

dealers of the same line make whose relevant market area

includes the proposed location of the additional or

relocated franchise.

When more than one protest is filed against the grant

or establishment of the additional or relocated franchise

of the same line make, the Board may consolidate the

hearings to expedite disposition of the matter. The

manufacturer shall have the burden of proof to establish

that good cause exists to allow the grant or establishment

of the additional or relocated franchise. The manufacturer

may not grant or establish the additional franchise or

relocate the existing franchise before the hearing process

is concluded as prescribed by this Act, and thereafter if

the Board determines that the manufacturer has failed to

meet its burden of proof and that good cause does not exist

to allow the grant or establishment of the additional

franchise or relocation of the existing franchise.

The determination whether good cause exists for

allowing the grant or establishment of an additional

franchise or relocated existing franchise, shall be made by

the Board under subsection (c) of Section 12 of this Act.

If the manufacturer seeks to enter into a contract,

agreement or other arrangement with any person,

establishing any additional motor vehicle dealership or

other facility, limited to the sale of factory repurchase

vehicles or late model vehicles, then the manufacturer

shall follow the notice procedures set forth in this

Section and the determination whether good cause exists for

allowing the proposed agreement shall be made by the Board

under subsection (c) of Section 12, with the manufacturer

having the burden of proof.

A. (Blank).

B. For the purposes of this Section, appointment of

a successor motor vehicle dealer at the same location

as its predecessor, or within 2 miles of such location,

or the relocation of an existing dealer or franchise

within 2 miles of the relocating dealer's or

franchisee's existing location, shall not be construed

as a grant, establishment or the entering into of an

additional franchise or selling agreement, or a

relocation of an existing franchise. The reopening of a

motor vehicle dealership that has not been in operation

for 18 months or more shall be deemed the grant of an

additional franchise or selling agreement.

C. This Section does not apply to the relocation of

an existing dealership or franchise in a county having

a population of more than 300,000 persons when the new

location is within the dealer's current relevant

market area, provided the new location is more than 7

miles from the nearest dealer of the same line make.

This Section does not apply to the relocation of an

existing dealership or franchise in a county having a

population of less than 300,000 persons when the new

location is within the dealer's current relevant

market area, provided the new location is more than 12

miles from the nearest dealer of the same line make. A

dealer that would be farther away from the new location

of an existing dealership or franchise of the same line

make after a relocation may not file a written protest

against the relocation with the Motor Vehicle Review

Board.

D. Nothing in this Section shall be construed to

prevent a franchiser from implementing affirmative

action programs providing business opportunities for

minorities or from complying with applicable federal,

State or local law;

(9) to require a motor vehicle dealer to assent to a

release, assignment, novation, waiver or estoppel which

would relieve any person from liability imposed by this

Act;

(10) to prevent or refuse to give effect to the

succession to the ownership or management control of a

dealership by any legatee under the will of a dealer or to

an heir under the laws of descent and distribution of this

State unless the franchisee has designated a successor to

the ownership or management control under the succession

provisions of the franchise. Unless the franchiser, having

the burden of proof, proves that the successor is a person

who is not of good moral character or does not meet the

franchiser's existing and reasonable capital standards

and, with consideration given to the volume of sales and

service of the dealership, uniformly applied minimum

business experience standards in the market area, any

designated successor of a dealer or franchisee may succeed

to the ownership or management control of a dealership

under the existing franchise if:

(i) The designated successor gives the

franchiser written notice by certified mail,

return receipt requested, of his or her intention

to succeed to the ownership of the dealer within 60

days of the dealer's death or incapacity; and

(ii) The designated successor agrees to be

bound by all the terms and conditions of the

existing franchise.

Notwithstanding the foregoing, in the event the motor

vehicle dealer or franchisee and manufacturer have duly

executed an agreement concerning succession rights prior

to the dealer's death or incapacitation, the agreement

shall be observed.

(A) If the franchiser intends to refuse to honor

the successor to the ownership of a deceased or

incapacitated dealer or franchisee under an existing

franchise agreement, the franchiser shall send a

letter by certified mail, return receipt requested, to

the designated successor within 60 days from receipt of

a proposal advising of its intent to refuse to honor

the succession and to discontinue the existing

franchise agreement and shall state that the

designated successor only has 30 days from the receipt

of the notice to file with the Motor Vehicle Review

Board a written protest against the proposed action.

The notice shall set forth the specific grounds for the

refusal to honor the succession and discontinue the

existing franchise agreement.

If notice of refusal is not timely served upon the

designated successor, the franchise agreement shall

continue in effect subject to termination only as

otherwise permitted by paragraph (6) of subsection (d)

of Section 4 of this Act.

Within 30 days from the date the notice was

received by the designated successor or any other

person entitled to notice, the designee or other person

may file with the Board a written protest against the

proposed action.

When a protest has been timely filed, the Board

shall enter an order, fixing a date (within 60 days of

the date of the order), time, and place of a hearing on

the protest, required under Sections 12 and 29 of this

Act, and send by certified mail, return receipt

requested, a copy of the order to the franchiser that

filed the notice of intention of the proposed action

and to the protesting designee or such other person.

The manufacturer shall have the burden of proof to

establish that good cause exists to refuse to honor the

succession and discontinue the existing franchise

agreement. The determination whether good cause exists

to refuse to honor the succession shall be made by the

Board under subdivision (B) of this paragraph (10). The

manufacturer shall not refuse to honor the succession

or discontinue the existing franchise agreement before

the hearing process is concluded as prescribed by this

Act, and thereafter if the Board determines that it has

failed to meet its burden of proof and that good cause

does not exist to refuse to honor the succession and

discontinue the existing franchise agreement.

(B) No manufacturer shall impose any conditions

upon honoring the succession and continuing the

existing franchise agreement with the designated

successor other than that the franchisee has

designated a successor to the ownership or management

control under the succession provisions of the

franchise, or that the designated successor is of good

moral character or meets the reasonable capital

standards and, with consideration given to the volume

of sales and service of the dealership, uniformly

applied minimum business experience standards in the

market area;

(11) to prevent or refuse to approve a proposal to

establish a successor franchise at a location previously

approved by the franchiser when submitted with the

voluntary termination by the existing franchisee unless

the successor franchisee would not otherwise qualify for a

new motor vehicle dealer's license under the Illinois

Vehicle Code or unless the franchiser, having the burden of

proof, proves that such proposed successor is not of good

moral character or does not meet the franchiser's existing

and reasonable capital standards and, with consideration

given to the volume of sales and service of the dealership,

uniformly applied minimum business experience standards in

the market area. However, when such a rejection of a

proposal is made, the manufacturer shall give written

notice of its reasons to the franchisee within 60 days of

receipt by the manufacturer of the proposal. However,

nothing herein shall be construed to prevent a franchiser

from implementing affirmative action programs providing

business opportunities for minorities, or from complying

with applicable federal, State or local law;

(12) to prevent or refuse to grant a franchise to a

person because such person owns, has investment in or

participates in the management of or holds a franchise for

the sale of another make or line of motor vehicles within 7

miles of the proposed franchise location in a county having

a population of more than 300,000 persons, or within 12

miles of the proposed franchise location in a county having

a population of less than 300,000 persons; or

(13) to prevent or attempt to prevent any new motor

vehicle dealer from establishing any additional motor

vehicle dealership or other facility limited to the sale of

factory repurchase vehicles or late model vehicles or

otherwise offering for sale factory repurchase vehicles of

the same line make at an existing franchise by failing to

make available any contract, agreement or other

arrangement which is made available or otherwise offered to

any person.

(f) It is deemed a violation for a manufacturer, a

distributor, a wholesale, a distributor branch or division, a

factory branch or division, or a wholesale branch or division,

or officer, agent, broker, shareholder, except a shareholder of

1% or less of the outstanding shares of any class of securities

of a manufacturer, distributor, or wholesaler which is a

publicly traded corporation, or other representative, directly

or indirectly, to own or operate a place of business as a motor

vehicle franchisee or motor vehicle financing affiliate,

except that, this subsection shall not prohibit the ownership

or operation of a place of business by a manufacturer,

distributor, or wholesaler for a period, not to exceed 18

months, during the transition from one motor vehicle franchisee

to another; or the investment in a motor vehicle franchisee by

a manufacturer, distributor, or wholesaler if the investment is

for the sole purpose of enabling a partner or shareholder in

that motor vehicle franchisee to acquire an interest in that

motor vehicle franchisee and that partner or shareholder is not

otherwise employed by or associated with the manufacturer,

distributor, or wholesaler and would not otherwise have the

requisite capital investment funds to invest in the motor

vehicle franchisee, and has the right to purchase the entire

equity interest of the manufacturer, distributor, or

wholesaler in the motor vehicle franchisee within a reasonable

period of time not to exceed 5 years.

(g) Notwithstanding the terms, provisions, or conditions

of any agreement or waiver, it shall be deemed a violation for

a manufacturer, a distributor, a wholesaler, a distributor

branch or division, a factory branch or division, or a

wholesale branch or division, or officer, agent or other

representative thereof, to directly or indirectly condition

the awarding of a franchise to a prospective new motor vehicle

dealer, the addition of a line make or franchise to an existing

dealer, the renewal of a franchise of an existing dealer, the

approval of the relocation of an existing dealer's facility, or

the approval of the sale or transfer of the ownership of a

franchise on the willingness of a dealer, proposed new dealer,

or owner of an interest in the dealership facility to enter

into a site control agreement or exclusive use agreement unless

separate and reasonable consideration was offered and accepted

for that agreement.

For purposes of this subsection (g), the terms "site

control agreement" and "exclusive use agreement" include any

agreement that has the effect of either (i) requiring that the

dealer establish or maintain exclusive dealership facilities;

or (ii) restricting the ability of the dealer, or the ability

of the dealer's lessor in the event the dealership facility is

being leased, to transfer, sell, lease, or change the use of

the dealership premises, whether by sublease, lease,

collateral pledge of lease, or other similar agreement. "Site

control agreement" and "exclusive use agreement" also include a

manufacturer restricting the ability of a dealer to transfer,

sell, or lease the dealership premises by right of first

refusal to purchase or lease, option to purchase, or option to

lease if the transfer, sale, or lease of the dealership

premises is to a person who is an immediate family member of

the dealer. For the purposes of this subsection (g), "immediate

family member" means a spouse, parent, son, daughter,

son-in-law, daughter-in-law, brother, and sister.

If a manufacturer exercises any right of first refusal to

purchase or lease or option to purchase or lease with regard to

a transfer, sale, or lease of the dealership premises to a

person who is not an immediate family member of the dealer,

then (1) within 60 days from the receipt of the completed

application forms generally utilized by a manufacturer to

conduct its review and a copy of all agreements regarding the

proposed transfer, the manufacturer must notify the dealer of

its intent to exercise the right of first refusal to purchase

or lease or option to purchase or lease and (2) the exercise of

the right of first refusal to purchase or lease or option to

purchase or lease must result in the dealer receiving

consideration, terms, and conditions that either are the same

as or greater than that which they have contracted to receive

in connection with the proposed transfer, sale, or lease of the

dealership premises.

Any provision contained in any agreement entered into on or

after the effective date of this amendatory Act of the 96th

General Assembly that is inconsistent with the provisions of

this subsection (g) shall be voidable at the election of the

affected dealer, prospective dealer, or owner of an interest in

the dealership facility.

(h) For purposes of this subsection:

"Successor manufacturer" means any motor vehicle

manufacturer that, on or after January 1, 2009, acquires,

succeeds to, or assumes any part of the business of another

manufacturer, referred to as the "predecessor manufacturer",

as the result of any of the following:

(i) A change in ownership, operation, or control of the

predecessor manufacturer by sale or transfer of assets,

corporate stock or other equity interest, assignment,

merger, consolidation, combination, joint venture,

redemption, court-approved sale, operation of law or

otherwise.

(ii) The termination, suspension, or cessation of a

part or all of the business operations of the predecessor

manufacturer.

(iii) The discontinuance of the sale of the product

line.

(iv) A change in distribution system by the predecessor

manufacturer, whether through a change in distributor or

the predecessor manufacturer's decision to cease

conducting business through a distributor altogether.

"Former Franchisee" means a new motor vehicle dealer that

has entered into a franchise with a predecessor manufacturer

and that has either:

(i) entered into a termination agreement or deferred

termination agreement with a predecessor or successor

manufacturer related to such franchise; or

(ii) has had such franchise canceled, terminated,

nonrenewed, noncontinued, rejected, nonassumed, or

otherwise ended.

For a period of 3 years from: (i) the date that a successor

manufacturer acquires, succeeds to, or assumes any part of the

business of a predecessor manufacturer; (ii) the last day that

a former franchisee is authorized to remain in business as a

franchised dealer with respect to a particular franchise under

a termination agreement or deferred termination agreement with

a predecessor or successor manufacturer; (iii) the last day

that a former franchisee that was cancelled, terminated,

nonrenewed, noncontinued, rejected, nonassumed, or otherwise

ended by a predecessor or successor manufacturer is authorized

to remain in business as a franchised dealer with respect to a

particular franchise; or (iv) the effective date of this

amendatory Act of the 96th General Assembly, whichever is

latest, it shall be unlawful for such successor manufacturer to

enter into a same line make franchise with any person or to

permit the relocation of any existing same line make franchise,

for a line make of the predecessor manufacturer that would be

located or relocated within the relevant market area of a

former franchisee who owned or leased a dealership facility in

that relevant market area without first offering the additional

or relocated franchise to the former franchisee, or the

designated successor of such former franchisee in the event the

former franchisee is deceased or a person with a disability

disabled, at no cost and without any requirements or

restrictions other than those imposed generally on the

manufacturer's other franchisees at that time, unless one of

the following applies:

(1) As a result of the former franchisee's

cancellation, termination, noncontinuance, or nonrenewal

of the franchise, the predecessor manufacturer had

consolidated the line make with another of its line makes

for which the predecessor manufacturer had a franchisee

with a then-existing dealership facility located within

that relevant market area.

(2) The successor manufacturer has paid the former

franchisee, or the designated successor of such former

franchisee in the event the former franchisee is deceased

or a person with a disability disabled, the fair market

value of the former franchisee's franchise on (i) the date

the franchisor announces the action which results in the

termination, cancellation, or nonrenewal; or (ii) the date

the action which results in termination, cancellation, or

nonrenewal first became general knowledge; or (iii) the day

12 months prior to the date on which the notice of

termination, cancellation, or nonrenewal is issued,

whichever amount is higher. Payment is due within 90 days

of the effective date of the termination, cancellation, or

nonrenewal. If the termination, cancellation, or

nonrenewal is due to a manufacturer's change in

distributors, the manufacturer may avoid paying fair

market value to the dealer if the new distributor or the

manufacturer offers the dealer a franchise agreement with

terms acceptable to the dealer.

(3) The successor manufacturer proves that it would

have had good cause to terminate the franchise agreement of

the former franchisee, or the successor of the former

franchisee under item (e)(10) in the event that the former

franchisee is deceased or a person with a disability

disabled. The determination of whether the successor

manufacturer would have had good cause to terminate the

franchise agreement of the former franchisee, or the

successor of the former franchisee, shall be made by the

Board under subsection (d) of Section 12. A successor

manufacturer that seeks to assert that it would have had

good cause to terminate a former franchisee, or the

successor of the former franchisee, must file a petition

seeking a hearing on this issue before the Board and shall

have the burden of proving that it would have had good

cause to terminate the former franchisee or the successor

of the former franchisee. No successor dealer, other than

the former franchisee, may be appointed or franchised by

the successor manufacturer within the relevant market area

of the former franchisee until the Board has held a hearing

and rendered a determination on the issue of whether the

successor manufacturer would have had good cause to

terminate the former franchisee.

In the event that a successor manufacturer attempts to

enter into a same line make franchise with any person or to

permit the relocation of any existing line make franchise under

this subsection (h) at a location that is within the relevant

market area of 2 or more former franchisees, then the successor

manufacturer may not offer it to any person other than one of

those former franchisees unless the successor manufacturer can

prove that at least one of the 3 exceptions in items (1), (2),

and (3) of this subsection (h) applies to each of those former

franchisees.

(Source: P.A. 96-11, eff. 5-22-09; 96-824, eff. 11-25-09.)

Section 1050. The Minimum Wage Law is amended by changing

Sections 4 and 10 as follows:

(820 ILCS 105/4) (from Ch. 48, par. 1004)

Sec. 4. (a)(1) Every employer shall pay to each of his

employees in every occupation wages of not less than $2.30 per

hour or in the case of employees under 18 years of age wages of

not less than $1.95 per hour, except as provided in Sections 5

and 6 of this Act, and on and after January 1, 1984, every

employer shall pay to each of his employees in every occupation

wages of not less than $2.65 per hour or in the case of

employees under 18 years of age wages of not less than $2.25

per hour, and on and after October 1, 1984 every employer shall

pay to each of his employees in every occupation wages of not

less than $3.00 per hour or in the case of employees under 18

years of age wages of not less than $2.55 per hour, and on or

after July 1, 1985 every employer shall pay to each of his

employees in every occupation wages of not less than $3.35 per

hour or in the case of employees under 18 years of age wages of

not less than $2.85 per hour, and from January 1, 2004 through

December 31, 2004 every employer shall pay to each of his or

her employees who is 18 years of age or older in every

occupation wages of not less than $5.50 per hour, and from

January 1, 2005 through June 30, 2007 every employer shall pay

to each of his or her employees who is 18 years of age or older

in every occupation wages of not less than $6.50 per hour, and

from July 1, 2007 through June 30, 2008 every employer shall

pay to each of his or her employees who is 18 years of age or

older in every occupation wages of not less than $7.50 per

hour, and from July 1, 2008 through June 30, 2009 every

employer shall pay to each of his or her employees who is 18

years of age or older in every occupation wages of not less

than $7.75 per hour, and from July 1, 2009 through June 30,

2010 every employer shall pay to each of his or her employees

who is 18 years of age or older in every occupation wages of

not less than $8.00 per hour, and on and after July 1, 2010

every employer shall pay to each of his or her employees who is

18 years of age or older in every occupation wages of not less

than $8.25 per hour.

(2) Unless an employee's wages are reduced under Section 6,

then in lieu of the rate prescribed in item (1) of this

subsection (a), an employer may pay an employee who is 18 years

of age or older, during the first 90 consecutive calendar days

after the employee is initially employed by the employer, a

wage that is not more than 50¢ less than the wage prescribed in

item (1) of this subsection (a); however, an employer shall pay

not less than the rate prescribed in item (1) of this

subsection (a) to:

(A) a day or temporary laborer, as defined in Section 5

of the Day and Temporary Labor Services Act, who is 18

years of age or older; and

(B) an employee who is 18 years of age or older and

whose employment is occasional or irregular and requires

not more than 90 days to complete.

(3) At no time shall the wages paid to any employee under

18 years of age be more than 50¢ less than the wage required to

be paid to employees who are at least 18 years of age under

item (1) of this subsection (a).

(b) No employer shall discriminate between employees on the

basis of sex or mental or physical disability handicap, except

as otherwise provided in this Act by paying wages to employees

at a rate less than the rate at which he pays wages to

employees for the same or substantially similar work on jobs

the performance of which requires equal skill, effort, and

responsibility, and which are performed under similar working

conditions, except where such payment is made pursuant to (1) a

seniority system; (2) a merit system; (3) a system which

measures earnings by quantity or quality of production; or (4)

a differential based on any other factor other than sex or

mental or physical disability handicap, except as otherwise

provided in this Act.

(c) Every employer of an employee engaged in an occupation

in which gratuities have customarily and usually constituted

and have been recognized as part of the remuneration for hire

purposes is entitled to an allowance for gratuities as part of

the hourly wage rate provided in Section 4, subsection (a) in

an amount not to exceed 40% of the applicable minimum wage

rate. The Director shall require each employer desiring an

allowance for gratuities to provide substantial evidence that

the amount claimed, which may not exceed 40% of the applicable

minimum wage rate, was received by the employee in the period

for which the claim of exemption is made, and no part thereof

was returned to the employer.

(d) No camp counselor who resides on the premises of a

seasonal camp of an organized not-for-profit corporation shall

be subject to the adult minimum wage if the camp counselor (1)

works 40 or more hours per week, and (2) receives a total

weekly salary of not less than the adult minimum wage for a

40-hour week. If the counselor works less than 40 hours per

week, the counselor shall be paid the minimum hourly wage for

each hour worked. Every employer of a camp counselor under this

subsection is entitled to an allowance for meals and lodging as

part of the hourly wage rate provided in Section 4, subsection

(a), in an amount not to exceed 25% of the minimum wage rate.

(e) A camp counselor employed at a day camp is not subject

to the adult minimum wage if the camp counselor is paid a

stipend on a onetime or periodic basis and, if the camp

counselor is a minor, the minor's parent, guardian or other

custodian has consented in writing to the terms of payment

before the commencement of such employment.

(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;

95-945, eff. 1-1-09.)

(820 ILCS 105/10) (from Ch. 48, par. 1010)

Sec. 10. (a) The Director shall make and revise

administrative regulations, including definitions of terms, as

he deems appropriate to carry out the purposes of this Act, to

prevent the circumvention or evasion thereof, and to safeguard

the minimum wage established by the Act. Regulations governing

employment of learners may be issued only after notice and

opportunity for public hearing, as provided in subsection (c)

of this Section.

(b) In order to prevent curtailment of opportunities for

employment, avoid undue hardship, and safeguard the minimum

wage rate under this Act, the Director may also issue

regulations providing for the employment of workers with

disabilities handicapped workers at wages lower than the wage

rate applicable under this Act, under permits and for such

periods of time as specified therein; and providing for the

employment of learners at wages lower than the wage rate

applicable under this Act. However, such regulation shall not

permit lower wages for persons with disabilities the

handicapped on any basis that is unrelated to such person's

ability resulting from his disability handicap, and such

regulation may be issued only after notice and opportunity for

public hearing as provided in subsection (c) of this Section.

(c) Prior to the adoption, amendment or repeal of any rule

or regulation by the Director under this Act, except

regulations which concern only the internal management of the

Department of Labor and do not affect any public right provided

by this Act, the Director shall give proper notice to persons

in any industry or occupation that may be affected by the

proposed rule or regulation, and hold a public hearing on his

proposed action at which any such affected person, or his duly

authorized representative, may attend and testify or present

other evidence for or against such proposed rule or regulation.

Rules and regulations adopted under this Section shall be filed

with the Secretary of State in compliance with "An Act

concerning administrative rules", as now or hereafter amended.

Such adopted and filed rules and regulations shall become

effective 10 days after copies thereof have been mailed by the

Department to persons in industries affected thereby at their

last known address.

(d) The commencement of proceedings by any person aggrieved

by an administrative regulation issued under this Act does not,

unless specifically ordered by the Court, operate as a stay of

that administrative regulation against other persons. The

Court shall not grant any stay of an administrative regulation

unless the person complaining of such regulation files in the

Court an undertaking with a surety or sureties satisfactory to

the Court for the payment to the employees affected by the

regulation, in the event such regulation is affirmed, of the

amount by which the compensation such employees are entitled to

receive under the regulation exceeds the compensation they

actually receive while such stay is in effect.

(Source: P.A. 77-1451.)

Section 1055. The Workers' Compensation Act is amended by

changing Sections 6 and 17 as follows:

(820 ILCS 305/6) (from Ch. 48, par. 138.6)

Sec. 6. (a) Every employer within the provisions of this

Act, shall, under the rules and regulations prescribed by the

Commission, post printed notices in their respective places of

employment in such number and at such places as may be

determined by the Commission, containing such information

relative to this Act as in the judgment of the Commission may

be necessary to aid employees to safeguard their rights under

this Act in event of injury.

In addition thereto, the employer shall post in a

conspicuous place on the place of the employment a printed or

typewritten notice stating whether he is insured or whether he

has qualified and is operating as a self-insured employer. In

the event the employer is insured, the notice shall state the

name and address of his insurance carrier, the number of the

insurance policy, its effective date and the date of

termination. In the event of the termination of the policy for

any reason prior to the termination date stated, the posted

notice shall promptly be corrected accordingly. In the event

the employer is operating as a self-insured employer the notice

shall state the name and address of the company, if any,

servicing the compensation payments of the employer, and the

name and address of the person in charge of making compensation

payments.

(b) Every employer subject to this Act shall maintain

accurate records of work-related deaths, injuries and illness

other than minor injuries requiring only first aid treatment

and which do not involve medical treatment, loss of

consciousness, restriction of work or motion, or transfer to

another job and file with the Commission, in writing, a report

of all accidental deaths, injuries and illnesses arising out of

and in the course of the employment resulting in the loss of

more than 3 scheduled work days. In the case of death such

report shall be made no later than 2 working days following the

accidental death. In all other cases such report shall be made

between the 15th and 25th of each month unless required to be

made sooner by rule of the Commission. In case the injury

results in permanent disability, a further report shall be made

as soon as it is determined that such permanent disability has

resulted or will result from the injury. All reports shall

state the date of the injury, including the time of day or

night, the nature of the employer's business, the name,

address, age, sex, conjugal condition of the injured person,

the specific occupation of the injured person, the direct cause

of the injury and the nature of the accident, the character of

the injury, the length of disability, and in case of death the

length of disability before death, the wages of the injured

person, whether compensation has been paid to the injured

person, or to his or her legal representative or his heirs or

next of kin, the amount of compensation paid, the amount paid

for physicians', surgeons' and hospital bills, and by whom

paid, and the amount paid for funeral or burial expenses if

known. The reports shall be made on forms and in the manner as

prescribed by the Commission and shall contain such further

information as the Commission shall deem necessary and require.

The making of these reports releases the employer from making

such reports to any other officer of the State and shall

satisfy the reporting provisions as contained in the Safety

Inspection and Education Act, the Health and Safety Act, and

the Occupational Safety and Health Act. The reports filed with

the Commission pursuant to this Section shall be made available

by the Commission to the Director of Labor or his

representatives and to all other departments of the State of

Illinois which shall require such information for the proper

discharge of their official duties. Failure to file with the

Commission any of the reports required in this Section is a

petty offense.

Except as provided in this paragraph, all reports filed

hereunder shall be confidential and any person having access to

such records filed with the Illinois Workers' Compensation

Commission as herein required, who shall release any

information therein contained including the names or otherwise

identify any persons sustaining injuries or disabilities, or

give access to such information to any unauthorized person,

shall be subject to discipline or discharge, and in addition

shall be guilty of a Class B misdemeanor. The Commission shall

compile and distribute to interested persons aggregate

statistics, taken from the reports filed hereunder. The

aggregate statistics shall not give the names or otherwise

identify persons sustaining injuries or disabilities or the

employer of any injured person or person with a disability or

disabled person.

(c) Notice of the accident shall be given to the employer

as soon as practicable, but not later than 45 days after the

accident. Provided:

(1) In case of the legal disability of the employee or

any dependent of a deceased employee who may be entitled to

compensation under the provisions of this Act, the

limitations of time by this Act provided do not begin to

run against such person under legal disability until a

guardian has been appointed.

(2) In cases of injuries sustained by exposure to

radiological materials or equipment, notice shall be given

to the employer within 90 days subsequent to the time that

the employee knows or suspects that he has received an

excessive dose of radiation.

No defect or inaccuracy of such notice shall be a bar to

the maintenance of proceedings on arbitration or otherwise by

the employee unless the employer proves that he is unduly

prejudiced in such proceedings by such defect or inaccuracy.

Notice of the accident shall give the approximate date and

place of the accident, if known, and may be given orally or in

writing.

(d) Every employer shall notify each injured employee who

has been granted compensation under the provisions of Section 8

of this Act of his rights to rehabilitation services and advise

him of the locations of available public rehabilitation centers

and any other such services of which the employer has

knowledge.

In any case, other than one where the injury was caused by

exposure to radiological materials or equipment or asbestos

unless the application for compensation is filed with the

Commission within 3 years after the date of the accident, where

no compensation has been paid, or within 2 years after the date

of the last payment of compensation, where any has been paid,

whichever shall be later, the right to file such application

shall be barred.

In any case of injury caused by exposure to radiological

materials or equipment or asbestos, unless application for

compensation is filed with the Commission within 25 years after

the last day that the employee was employed in an environment

of hazardous radiological activity or asbestos, the right to

file such application shall be barred.

If in any case except one where the injury was caused by

exposure to radiological materials or equipment or asbestos,

the accidental injury results in death application for

compensation for death may be filed with the Commission within

3 years after the date of death where no compensation has been

paid or within 2 years after the date of the last payment of

compensation where any has been paid, whichever shall be later,

but not thereafter.

If an accidental injury caused by exposure to radiological

material or equipment or asbestos results in death within 25

years after the last day that the employee was so exposed

application for compensation for death may be filed with the

Commission within 3 years after the date of death, where no

compensation has been paid, or within 2 years after the date of

the last payment of compensation where any has been paid,

whichever shall be later, but not thereafter.

(e) Any contract or agreement made by any employer or his

agent or attorney with any employee or any other beneficiary of

any claim under the provisions of this Act within 7 days after

the injury shall be presumed to be fraudulent.

(f) Any condition or impairment of health of an employee

employed as a firefighter, emergency medical technician (EMT),

emergency medical technician-intermediate (EMT-I), advanced

emergency medical technician (A-EMT), or paramedic which

results directly or indirectly from any bloodborne pathogen,

lung or respiratory disease or condition, heart or vascular

disease or condition, hypertension, tuberculosis, or cancer

resulting in any disability (temporary, permanent, total, or

partial) to the employee shall be rebuttably presumed to arise

out of and in the course of the employee's firefighting, EMT,

or paramedic employment and, further, shall be rebuttably

presumed to be causally connected to the hazards or exposures

of the employment. This presumption shall also apply to any

hernia or hearing loss suffered by an employee employed as a

firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this

presumption shall not apply to any employee who has been

employed as a firefighter, EMT, or paramedic for less than 5

years at the time he or she files an Application for Adjustment

of Claim concerning this condition or impairment with the

Illinois Workers' Compensation Commission. The rebuttable

presumption established under this subsection, however, does

not apply to an emergency medical technician (EMT), emergency

medical technician-intermediate (EMT-I), advanced emergency

medical technician (A-EMT), or paramedic employed by a private

employer if the employee spends the preponderance of his or her

work time for that employer engaged in medical transfers

between medical care facilities or non-emergency medical

transfers to or from medical care facilities. The changes made

to this subsection by Public Act 98-291 shall be narrowly

construed. The Finding and Decision of the Illinois Workers'

Compensation Commission under only the rebuttable presumption

provision of this subsection shall not be admissible or be

deemed res judicata in any disability claim under the Illinois

Pension Code arising out of the same medical condition;

however, this sentence makes no change to the law set forth in

Krohe v. City of Bloomington, 204 Ill.2d 392.

(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973,

eff. 8-15-14; revised 10-1-14.)

(820 ILCS 305/17) (from Ch. 48, par. 138.17)

Sec. 17. The Commission shall cause to be printed and

furnish free of charge upon request by any employer or employee

such blank forms as may facilitate or promote efficient

administration and the performance of the duties of the

Commission. It shall provide a proper record in which shall be

entered and indexed the name of any employer who shall file a

notice of declination or withdrawal under this Act, and the

date of the filing thereof; and a proper record in which shall

be entered and indexed the name of any employee who shall file

such notice of declination or withdrawal, and the date of the

filing thereof; and such other notices as may be required by

this Act; and records in which shall be recorded all

proceedings, orders and awards had or made by the Commission or

by the arbitration committees, and such other books or records

as it shall deem necessary, all such records to be kept in the

office of the Commission.

The Commission may destroy all papers and documents which

have been on file for more than 5 years where there is no claim

for compensation pending or where more than 2 years have

elapsed since the termination of the compensation period.

The Commission shall compile and distribute to interested

persons aggregate statistics, taken from any records and

reports in the possession of the Commission. The aggregate

statistics shall not give the names or otherwise identify

persons sustaining injuries or disabilities or the employer of

any injured person or person with a disability or disabled

person.

The Commission is authorized to establish reasonable fees

and methods of payment limited to covering only the costs to

the Commission for processing, maintaining and generating

records or data necessary for the computerized production of

documents, records and other materials except to the extent of

any salaries or compensation of Commission officers or

employees.

All fees collected by the Commission under this Section

shall be deposited in the Statistical Services Revolving Fund

and credited to the account of the Illinois Workers'

Compensation Commission.

(Source: P.A. 93-721, eff. 1-1-05.)

Section 1060. The Workers' Occupational Diseases Act is

amended by changing Sections 5, 6, 10, and 17 as follows:

(820 ILCS 310/5) (from Ch. 48, par. 172.40)

(Text of Section WITH the changes made by P.A. 89-7, which

has been held unconstitutional)

Sec. 5. (a) There is no common law or statutory right to

recover compensation or damages from the employer, his insurer,

his broker, any service organization retained by the employer,

his insurer or his broker to provide safety service, advice or

recommendations for the employer or the agents or employees of

any of them for or on account of any injury to health, disease,

or death therefrom, other than for the compensation herein

provided or for damages as provided in Section 3 of this Act.

This Section shall not affect any right to compensation under

the "Workers' Compensation Act".

No compensation is payable under this Act for any condition

of physical or mental ill-being, disability, disablement, or

death for which compensation is recoverable on account of

accidental injury under the "Workers' Compensation Act".

(b) Where the disablement or death for which compensation

is payable under this Act was caused under circumstances

creating a legal liability for damages on the part of some

person other than his employer to pay damages, then legal

proceedings may be taken against such other person to recover

damages notwithstanding such employer's payment of or

liability to pay compensation under this Act. In such case,

however, if the action against such other person is brought by

the employee with a disability disabled employee or his

personal representative and judgment is obtained and paid or

settlement is made with such other person, either with or

without suit, then from the amount received by such employee or

personal representative there shall be paid to the employer the

amount of compensation paid or to be paid by him to such

employee or personal representative, including amounts paid or

to be paid pursuant to paragraph (a) of Section 8 of the

Workers' Compensation Act as required under Section 7 of this

Act. If the employee or personal representative brings an

action against another person and the other person then brings

an action for contribution against the employer, the amount, if

any, that shall be paid to the employer by the employee or

personal representative pursuant to this Section shall be

reduced by an amount equal to the amount found by the trier of

fact to be the employer's pro rata share of the common

liability in the action.

Out of any reimbursement received by the employer, pursuant

to this Section the employer shall pay his pro rata share of

all costs and reasonably necessary expenses in connection with

such third party claim, action or suit, and where the services

of an attorney at law of the employee or dependents have

resulted in or substantially contributed to the procurement by

suit, settlement or otherwise of the proceeds out of which the

employer is reimbursed, then, in the absence of other

agreement, the employer shall pay such attorney 25% of the

gross amount of such reimbursement.

If the employee with a disability disabled employee or his

personal representative agrees to receive compensation from

the employer or accept from the employer any payment on account

of such compensation, or to institute proceedings to recover

the same, the employer may have or claim a lien upon any award,

judgment or fund out of which such employee might be

compensated from such third party.

In such actions brought by the employee or his personal

representative, he shall forthwith notify his employer by

personal service or registered mail, of such fact and of the

name of the court in which the suit is brought, filing proof

thereof in the action. The employer may, at any time thereafter

join in the action upon his motion so that all orders of court

after hearing and judgment shall be made for his protection. No

release or settlement of claim for damages by reason of such

disability or death, and no satisfaction of judgment in such

proceedings, are valid without the written consent of both

employer and employee or his personal representative, except in

the case of the employers, such consent is not required where

the employer has been fully indemnified or protected by court

order.

In the event the employee or his personal representative

fails to institute a proceeding against such third person at

any time prior to 3 months before such action would be barred

at law the employer may in his own name, or in the name of the

employee or his personal representative, commence a proceeding

against such other person for the recovery of damages on

account of such disability or death to the employee, and out of

any amount recovered the employer shall pay over to the injured

employee or his personal representative all sums collected from

such other person by judgment or otherwise in excess of the

amount of such compensation paid or to be paid under this Act,

including amounts paid or to be paid pursuant to paragraph (a)

of Section 8 of the Workers' Compensation Act as required by

Section 7 of this Act, and costs, attorney's fees and

reasonable expenses as may be incurred by such employer in

making such collection or in enforcing such liability.

This amendatory Act of 1995 applies to causes of action

accruing on or after its effective date.

(Source: P.A. 89-7, eff. 3-9-95.)

(Text of Section WITHOUT the changes made by P.A. 89-7,

which has been held unconstitutional)

Sec. 5. (a) There is no common law or statutory right to

recover compensation or damages from the employer, his insurer,

his broker, any service organization retained by the employer,

his insurer or his broker to provide safety service, advice or

recommendations for the employer or the agents or employees of

any of them for or on account of any injury to health, disease,

or death therefrom, other than for the compensation herein

provided or for damages as provided in Section 3 of this Act.

This Section shall not affect any right to compensation under

the "Workers' Compensation Act".

No compensation is payable under this Act for any condition

of physical or mental ill-being, disability, disablement, or

death for which compensation is recoverable on account of

accidental injury under the "Workers' Compensation Act".

(b) Where the disablement or death for which compensation

is payable under this Act was caused under circumstances

creating a legal liability for damages on the part of some

person other than his employer to pay damages, then legal

proceedings may be taken against such other person to recover

damages notwithstanding such employer's payment of or

liability to pay compensation under this Act. In such case,

however, if the action against such other person is brought by

the employee with a disability disabled employee or his

personal representative and judgment is obtained and paid or

settlement is made with such other person, either with or

without suit, then from the amount received by such employee or

personal representative there shall be paid to the employer the

amount of compensation paid or to be paid by him to such

employee or personal representative, including amounts paid or

to be paid pursuant to paragraph (a) of Section 8 of this Act.

Out of any reimbursement received by the employer, pursuant

to this Section the employer shall pay his pro rata share of

all costs and reasonably necessary expenses in connection with

such third party claim, action or suit, and where the services

of an attorney at law of the employee or dependents have

resulted in or substantially contributed to the procurement by

suit, settlement or otherwise of the proceeds out of which the

employer is reimbursed, then, in the absence of other

agreement, the employer shall pay such attorney 25% of the

gross amount of such reimbursement.

If the employee with a disability disabled employee or his

personal representative agrees to receive compensation from

the employer or accept from the employer any payment on account

of such compensation, or to institute proceedings to recover

the same, the employer may have or claim a lien upon any award,

judgment or fund out of which such employee might be

compensated from such third party.

In such actions brought by the employee or his personal

representative, he shall forthwith notify his employer by

personal service or registered mail, of such fact and of the

name of the court in which the suit is brought, filing proof

thereof in the action. The employer may, at any time thereafter

join in the action upon his motion so that all orders of court

after hearing and judgment shall be made for his protection. No

release or settlement of claim for damages by reason of such

disability or death, and no satisfaction of judgment in such

proceedings, are valid without the written consent of both

employer and employee or his personal representative, except in

the case of the employers, such consent is not required where

the employer has been fully indemnified or protected by court

order.

In the event the employee or his personal representative

fails to institute a proceeding against such third person at

any time prior to 3 months before such action would be barred

at law the employer may in his own name, or in the name of the

employee or his personal representative, commence a proceeding

against such other person for the recovery of damages on

account of such disability or death to the employee, and out of

any amount recovered the employer shall pay over to the injured

employee or his personal representative all sums collected from

such other person by judgment or otherwise in excess of the

amount of such compensation paid or to be paid under this Act,

including amounts paid or to be paid pursuant to paragraph (a)

of Section 8 of this Act, and costs, attorney's fees and

reasonable expenses as may be incurred by such employer in

making such collection or in enforcing such liability.

(Source: P.A. 81-992.)

(820 ILCS 310/6) (from Ch. 48, par. 172.41)

Sec. 6. (a) Every employer operating under the compensation

provisions of this Act, shall post printed notices in their

respective places of employment in conspicuous places and in

such number and at such places as may be determined by the

Commission, containing such information relative to this Act as

in the judgment of the Commission may be necessary to aid

employees to safeguard their rights under this Act.

In addition thereto, the employer shall post in a

conspicuous place on the premises of the employment a printed

or typewritten notice stating whether he is insured or whether

he has qualified and is operating as a self-insured employer.

In the event the employer is insured, the notice shall state

the name and address of his or her insurance carrier, the

number of the insurance policy, its effective date and the date

of termination. In the event of the termination of the policy

for any reason prior to the termination date stated, the posted

notice shall promptly be corrected accordingly. In the event

the employer is operating as a self-insured employer the notice

shall state the name and address of the company, if any,

servicing the compensation payments of the employer, and the

name and address of the person in charge of making compensation

payments.

(b) Every employer subject to this Act shall maintain

accurate records of work-related deaths, injuries and

illnesses other than minor injuries requiring only first aid

treatment and which do not involve medical treatment, loss of

consciousness, restriction of work or motion or transfer to

another job and file with the Illinois Workers' Compensation

Commission, in writing, a report of all occupational diseases

arising out of and in the course of the employment and

resulting in death, or disablement or illness resulting in the

loss of more than 3 scheduled work days. In the case of death

such report shall be made no later than 2 working days

following the occupational death. In all other cases such

report shall be made between the 15th and 25th of each month

unless required to be made sooner by rule of the Illinois

Workers' Compensation Commission. In case the occupational

disease results in permanent disability, a further report shall

be made as soon as it is determined that such permanent

disability has resulted or will result therefrom. All reports

shall state the date of the disablement, the nature of the

employer's business, the name, address, the age, sex, conjugal

condition of the person with a disability disabled person, the

specific occupation of the person, the nature and character of

the occupational disease, the length of disability, and, in

case of death, the length of disability before death, the wages

of the employee, whether compensation has been paid to the

employee, or to his legal representative or his heirs or next

of kin, the amount of compensation paid, the amount paid for

physicians', surgeons' and hospital bills, and by whom paid,

and the amount paid for funeral or burial expenses, if known.

The reports shall be made on forms and in the manner as

prescribed by the Illinois Workers' Compensation Commission

and shall contain such further information as the Commission

shall deem necessary and require. The making of such reports

releases the employer from making such reports to any other

officer of the State and shall satisfy the reporting provisions

as contained in the Safety Inspection and Education Act, the

Health And Safety Act, and the Occupational Safety and Health

Act. The report filed with the Illinois Workers' Compensation

Commission pursuant to the provisions of this Section shall be

made available by the Illinois Workers' Compensation

Commission to the Director of Labor or his representatives, to

the Department of Public Health pursuant to the Illinois Health

and Hazardous Substances Registry Act, and to all other

departments of the State of Illinois which shall require such

information for the proper discharge of their official duties.

Failure to file with the Commission any of the reports required

in this Section is a petty offense.

Except as provided in this paragraph, all reports filed

hereunder shall be confidential and any person having access to

such records filed with the Illinois Workers' Compensation

Commission as herein required, who shall release the names or

otherwise identify any persons sustaining injuries or

disabilities, or gives access to such information to any

unauthorized person, shall be subject to discipline or

discharge, and in addition shall be guilty of a Class B

misdemeanor. The Commission shall compile and distribute to

interested persons aggregate statistics, taken from the

reports filed hereunder. The aggregate statistics shall not

give the names or otherwise identify persons sustaining

injuries or disabilities or the employer of any injured person

or person with a disability or disabled person.

(c) There shall be given notice to the employer of

disablement arising from an occupational disease as soon as

practicable after the date of the disablement. If the

Commission shall find that the failure to give such notice

substantially prejudices the rights of the employer the

Commission in its discretion may order that the right of the

employee to proceed under this Act shall be barred.

In case of legal disability of the employee or any

dependent of a deceased employee who may be entitled to

compensation, under the provisions of this Act, the limitations

of time in this Section of this Act provided shall not begin to

run against such person who is under legal disability until a

conservator or guardian has been appointed. No defect or

inaccuracy of such notice shall be a bar to the maintenance of

proceedings on arbitration or otherwise by the employee unless

the employer proves that he or she is unduly prejudiced in such

proceedings by such defect or inaccuracy. Notice of the

disabling disease may be given orally or in writing. In any

case, other than injury or death caused by exposure to

radiological materials or equipment or asbestos, unless

application for compensation is filed with the Commission

within 3 years after the date of the disablement, where no

compensation has been paid, or within 2 years after the date of

the last payment of compensation, where any has been paid,

whichever shall be later, the right to file such application

shall be barred. If the occupational disease results in death,

application for compensation for death may be filed with the

Commission within 3 years after the date of death where no

compensation has been paid, or within 3 years after the last

payment of compensation, where any has been paid, whichever is

later, but not thereafter.

Effective July 1, 1973 in cases of disability caused by

coal miners pneumoconiosis unless application for compensation

is filed with the Commission within 5 years after the employee

was last exposed where no compensation has been paid, or within

5 years after the last payment of compensation where any has

been paid, the right to file such application shall be barred.

In cases of disability caused by exposure to radiological

materials or equipment or asbestos, unless application for

compensation is filed with the Commission within 25 years after

the employee was so exposed, the right to file such application

shall be barred.

In cases of death occurring within 25 years from the last

exposure to radiological material or equipment or asbestos,

application for compensation must be filed within 3 years of

death where no compensation has been paid, or within 3 years,

after the date of the last payment where any has been paid, but

not thereafter.

(d) Any contract or agreement made by any employer or his

agent or attorney with any employee or any other beneficiary of

any claim under the provisions of this Act within 7 days after

the disablement shall be presumed to be fraudulent.

(Source: P.A. 98-874, eff. 1-1-15.)

(820 ILCS 310/10) (from Ch. 48, par. 172.45)

Sec. 10. The basis for computing the compensation provided

for in Sections 7 and 8 of the Act shall be as follows:

(a) The compensation shall be computed on the basis of the

annual earnings which the person with a disability disabled

person received as salary, wages or earnings if in the

employment of the same employer continuously during the year

next preceding the day of last exposure.

(b) Employment by the same employer shall be taken to mean

employment by the same employer in the grade in which the

employee was employed at the time of the last day of the last

exposure, uninterrupted by absence from work due to illness or

any other unavoidable cause.

(c) If such person has not been engaged in the employment

of the same employer for the full year immediately preceding

the last day of the last exposure, the compensation shall be

computed according to the annual earnings which persons of the

same class in the same employment and same location, (or if

that be impracticable, of neighboring employments of the same

kind) have earned during such period.

(d) As to employees in employments in which it is the

custom to operate throughout the working days of the year, the

annual earnings, if not otherwise determinable, shall be

regarded as 300 times the average daily earnings in such

computation.

(e) As to employees in employments in which it is the

custom to operate for a part of the whole number of working

days in each year, such number, if the annual earnings are not

otherwise determinable, shall be used instead of 300 as a basis

for computing the annual earnings, provided the minimum number

of days which shall be so used for the basis of the year's work

shall be not less than 200.

(f) In the case of injured employees who earn either no

wage or less than the earnings of adult day laborers in the

same line of employment in that locality, the yearly wage shall

be reckoned according to the average annual earnings of adults

of the same class in the same (or if that is impracticable,

then of neighboring) employments.

(g) Earnings, for the purpose of this section, shall be

based on the earnings for the number of hours commonly regarded

as a day's work for that employment, and shall include overtime

earnings. The earnings shall not include any sum which the

employer has been accustomed to pay the employee to cover any

special expense entailed on him by the nature of his

employment.

(h) In computing the compensation to be paid to any

employee, who, before the disablement for which he claims

compensation, was a person with a disability disabled and

drawing compensation under the terms of this Act, the

compensation for each subsequent disablement shall be

apportioned according to the proportion of incapacity and

disability caused by the respective disablements which he may

have suffered.

(i) To determine the amount of compensation for each

installment period, the amount per annum shall be ascertained

pursuant hereto, and such amount divided by the number of

installment periods per annum.

(Source: P.A. 79-78.)

(820 ILCS 310/17) (from Ch. 48, par. 172.52)

Sec. 17. The Commission shall cause to be printed and shall

furnish free of charge upon request by any employer or employee

such blank forms as it shall deem requisite to facilitate or

promote the efficient administration of this Act, and the

performance of the duties of the Commission. It shall provide a

proper record in which shall be entered and indexed the name of

any employer who shall file a notice of election under this

Act, and the date of the filing thereof; and a proper record in

which shall be entered and indexed the name of any employee who

shall file a notice of election, and the date of the filing

thereof; and such other notices as may be required by this Act;

and records in which shall be recorded all proceedings, orders

and awards had or made by the Commission, or by the arbitration

committees, and such other books or records as it shall deem

necessary, all such records to be kept in the office of the

Commission. The Commission, in its discretion, may destroy all

papers and documents except notices of election and waivers

which have been on file for more than five years where there is

no claim for compensation pending, or where more than two years

have elapsed since the termination of the compensation period.

The Commission shall compile and distribute to interested

persons aggregate statistics, taken from any records and

reports in the possession of the Commission. The aggregate

statistics shall not give the names or otherwise identify

persons sustaining injuries or disabilities or the employer of

any injured person or person with a disability or disabled

person.

The Commission is authorized to establish reasonable fees

and methods of payment limited to covering only the costs to

the Commission for processing, maintaining and generating

records or data necessary for the computerized production of

documents, records and other materials except to the extent of

any salaries or compensation of Commission officers or

employees.

All fees collected by the Commission under this Section

shall be deposited in the Statistical Services Revolving Fund

and credited to the account of the Illinois Workers'

Compensation Commission.

(Source: P.A. 93-721, eff. 1-1-05.)

Section 1065. The Unemployment Insurance Act is amended by

changing Section 601 as follows:

(820 ILCS 405/601) (from Ch. 48, par. 431)

Sec. 601. Voluntary leaving.

A. An individual shall be ineligible for benefits for the

week in which he or she has left work voluntarily without good

cause attributable to the employing unit and, thereafter, until

he or she has become reemployed and has had earnings equal to

or in excess of his or her current weekly benefit amount in

each of four calendar weeks which are either for services in

employment, or have been or will be reported pursuant to the

provisions of the Federal Insurance Contributions Act by each

employing unit for which such services are performed and which

submits a statement certifying to that fact.

B. The provisions of this Section shall not apply to an

individual who has left work voluntarily:

1. Because he or she is deemed physically unable to

perform his or her work by a licensed and practicing

physician, or because the individual's assistance is

necessary for the purpose of caring for his or her spouse,

child, or parent who, according to a licensed and

practicing physician or as otherwise reasonably verified,

is in poor physical or mental health or is a person with a

mental or physical disability mentally or physically

disabled and the employer is unable to accommodate the

individual's need to provide such assistance;

2. To accept other bona fide work and, after such

acceptance, the individual is either not unemployed in each

of 2 weeks, or earns remuneration for such work equal to at

least twice his or her current weekly benefit amount;

3. In lieu of accepting a transfer to other work

offered to the individual by the employing unit under the

terms of a collective bargaining agreement or pursuant to

an established employer plan, program, or policy, if the

acceptance of such other work by the individual would

require the separation from that work of another individual

currently performing it;

4. Solely because of the sexual harassment of the

individual by another employee. Sexual harassment means

(1) unwelcome sexual advances, requests for sexual favors,

sexually motivated physical contact or other conduct or

communication which is made a term or condition of the

employment or (2) the employee's submission to or rejection

of such conduct or communication which is the basis for

decisions affecting employment, or (3) when such conduct or

communication has the purpose or effect of substantially

interfering with an individual's work performance or

creating an intimidating, hostile, or offensive working

environment and the employer knows or should know of the

existence of the harassment and fails to take timely and

appropriate action;

5. Which he or she had accepted after separation from

other work, and the work which he or she left voluntarily

would be deemed unsuitable under the provisions of Section

603;

6. (a) Because the individual left work due to verified

domestic violence as defined in Section 103 of the Illinois

Domestic Violence Act of 1986 where the domestic violence

caused the individual to reasonably believe that his or her

continued employment would jeopardize his or her safety or

the safety of his or her spouse, minor child, or parent

if the individual provides the following:

(i) notice to the employing unit of the reason for

the individual's voluntarily leaving; and

(ii) to the Department provides:

(A) an order of protection or other

documentation of equitable relief issued by a

court of competent jurisdiction; or

(B) a police report or criminal charges

documenting the domestic violence; or

(C) medical documentation of the domestic

violence; or

(D) evidence of domestic violence from a

member of the clergy, attorney, counselor, social

worker, health worker or domestic violence shelter

worker.

(b) If the individual does not meet the provisions of

subparagraph (a), the individual shall be held to have

voluntarily terminated employment for the purpose of

determining the individual's eligibility for benefits

pursuant to subsection A.

(c) Notwithstanding any other provision to the

contrary, evidence of domestic violence experienced by an

individual, or his or her spouse, minor child, or parent,

including the individual's statement and corroborating

evidence, shall not be disclosed by the Department unless

consent for disclosure is given by the individual.

7. Because, due to a change in location of employment

of the individual's spouse, the individual left work to

accompany his or her spouse to a place from which it is

impractical to commute or because the individual left

employment to accompany a spouse who has been reassigned

from one military assignment to another. The employer's

account, however, shall not be charged for any benefits

paid out to the individual who leaves work under a

circumstance described in this paragraph.

C. Within 90 days of the effective date of this amendatory

Act of the 96th General Assembly, the Department shall

promulgate rules, pursuant to the Illinois Administrative

Procedure Act and consistent with Section 903(f)(3)(B) of the

Social Security Act, to clarify and provide guidance regarding

eligibility and the prevention of fraud.

(Source: P.A. 95-736, eff. 7-16-08; 96-30, eff. 6-30-09.)

Section 9999. Effective date. This Act takes effect upon

becoming law.

INDEX Statutes amended in order of appearance