Public Act 099-0642

HB5540 Enrolled LRB099 16003 AMC 40320 b

AN ACT to revise the law by combining multiple enactments

and making technical corrections.

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

represented in the General Assembly:

Section 1. Nature of this Act.

(a) This Act may be cited as the First 2016 General

Revisory Act.

(b) This Act is not intended to make any substantive change

in the law. It reconciles conflicts that have arisen from

multiple amendments and enactments and makes technical

corrections and revisions in the law.

This Act revises and, where appropriate, renumbers certain

Sections that have been added or amended by more than one

Public Act. In certain cases in which a repealed Act or Section

has been replaced with a successor law, this Act may

incorporate amendments to the repealed Act or Section into the

successor law. This Act also corrects errors, revises

cross-references, and deletes obsolete text.

(c) In this Act, the reference at the end of each amended

Section indicates the sources in the Session Laws of Illinois

that were used in the preparation of the text of that Section.

The text of the Section included in this Act is intended to

include the different versions of the Section found in the

Public Acts included in the list of sources, but may not

include other versions of the Section to be found in Public

Acts not included in the list of sources. The list of sources

is not a part of the text of the Section.

(d) Public Acts 98-1174 through 99-492 were considered in

the preparation of the combining revisories included in this

Act. Many of those combining revisories contain no striking or

underscoring because no additional changes are being made in

the material that is being combined.

Section 5. The Regulatory Sunset Act is amended by changing

Section 4.36 as follows:

(5 ILCS 80/4.36)

Sec. 4.36. Acts Act repealed on January 1, 2026. The

following Acts are Act is repealed on January 1, 2026:

The Barber, Cosmetology, Esthetics, Hair Braiding, and

Nail Technology Act of 1985.

The Collection Agency Act.

The Hearing Instrument Consumer Protection Act.

The Illinois Athletic Trainers Practice Act.

The Illinois Dental Practice Act.

The Illinois Roofing Industry Licensing Act.

The Illinois Physical Therapy Act.

The Professional Geologist Licensing Act.

The Respiratory Care Practice Act.

(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;

99-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;

99-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.

12-31-15; revised 12-29-15.)

(5 ILCS 80/4.26 rep.)

Section 7. The Regulatory Sunset Act is amended by

repealing Section 4.26.

Section 10. The Illinois Administrative Procedure Act is

amended by changing Section 5-45 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 Public Act 91-24

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 Public Act 91-712

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 Public Act 92-10

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 Public Act 92-597

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 Public Act 93-20

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

Public Act 94-48 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 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

Public Act 96-45 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

Public Act 96-958 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

Public Act 96-958 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 Public Act 98-104 this amendatory Act of the 98th General

Assembly, emergency rules to implement any provision of

Articles 7, 8, 9, 11, and 12 of Public Act 98-104 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 Public Act 98-651 this

amendatory Act of the 98th General Assembly, emergency rules to

implement Public Act 98-651 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.

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

implementation of the provisions of Sections 5-5b.1 and 5A-2 of

the Illinois Public Aid Code, emergency rules to implement any

provision of Section 5-5b.1 or Section 5A-2 of the Illinois

Public Aid Code may be adopted in accordance with this

subsection (s) by the Department of Healthcare and Family

Services. The rulemaking authority granted in this subsection

(s) shall apply only to those rules adopted prior to July 1,

2015. Notwithstanding any other provision of this Section, any

emergency rule adopted under this subsection (s) shall only

apply to payments made for State fiscal year 2015. The adoption

of emergency rules authorized by this subsection (s) is deemed

to be necessary for the public interest, safety, and welfare.

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

implementation of the provisions of Article II of Public Act

99-6 this amendatory Act of the 99th General Assembly,

emergency rules to implement the changes made by Article II of

Public Act 99-6 this amendatory Act of the 99th General

Assembly to the Emergency Telephone System Act may be adopted

in accordance with this subsection (t) by the Department of

State Police. The rulemaking authority granted in this

subsection (t) shall apply only to those rules adopted prior to

July 1, 2016. The 24-month limitation on the adoption of

emergency rules does not apply to rules adopted under this

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

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

interest, safety, and welfare.

(u) (t) In order to provide for the expeditious and timely

implementation of the provisions of the Burn Victims Relief

Act, emergency rules to implement any provision of the Act may

be adopted in accordance with this subsection (u) (t) by the

Department of Insurance. The rulemaking authority granted in

this subsection (u) (t) shall apply only to those rules adopted

prior to December 31, 2015. The adoption of emergency rules

authorized by this subsection (u) (t) is deemed to be necessary

for the public interest, safety, and welfare.

(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;

98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;

99-143, eff. 7-27-15; 99-455, eff. 1-1-16; revised 10-15-15.)

Section 15. The Open Meetings Act is amended by changing

Section 2 as follows:

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

Sec. 2. Open meetings.

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

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

closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained

in subsection (c) are in derogation of the requirement that

public bodies meet in the open, and therefore, the exceptions

are to be strictly construed, extending only to subjects

clearly within their scope. The exceptions authorize but do not

require the holding of a closed meeting to discuss a subject

included within an enumerated exception.

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

consider the following subjects:

(1) The appointment, employment, compensation,

discipline, performance, or dismissal of specific

employees of the public body or legal counsel for the

public body, including hearing testimony on a complaint

lodged against an employee of the public body or against

legal counsel for the public body to determine its

validity.

(2) Collective negotiating matters between the public

body and its employees or their representatives, or

deliberations concerning salary schedules for one or more

classes of employees.

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

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

office, when the public body is given power to appoint

under law or ordinance, or the discipline, performance or

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

body is given power to remove the occupant under law or

ordinance.

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

in closed hearing where specifically authorized by law, to

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

that the body prepares and makes available for public

inspection a written decision setting forth its

determinative reasoning.

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

of the public body, including meetings held for the purpose

of discussing whether a particular parcel should be

acquired.

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

property owned by the public body.

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

investment contracts. This exception shall not apply to the

investment of assets or income of funds deposited into the

Illinois Prepaid Tuition Trust Fund.

(8) Security procedures, school building safety and

security, and the use of personnel and equipment to respond

to an actual, a threatened, or a reasonably potential

danger to the safety of employees, students, staff, the

public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special

education programs and other matters relating to

individual students.

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

on behalf of the particular public body has been filed and

is pending before a court or administrative tribunal, or

when the public body finds that an action is probable or

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

recorded and entered into the minutes of the closed

meeting.

(12) The establishment of reserves or settlement of

claims as provided in the Local Governmental and

Governmental Employees Tort Immunity Act, if otherwise the

disposition of a claim or potential claim might be

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

risk management information, records, data, advice or

communications from or with respect to any insurer of the

public body or any intergovernmental risk management

association or self insurance pool of which the public body

is a member.

(13) Conciliation of complaints of discrimination in

the sale or rental of housing, when closed meetings are

authorized by the law or ordinance prescribing fair housing

practices and creating a commission or administrative

agency for their enforcement.

(14) Informant sources, the hiring or assignment of

undercover personnel or equipment, or ongoing, prior or

future criminal investigations, when discussed by a public

body with criminal investigatory responsibilities.

(15) Professional ethics or performance when

considered by an advisory body appointed to advise a

licensing or regulatory agency on matters germane to the

advisory body's field of competence.

(16) Self evaluation, practices and procedures or

professional ethics, when meeting with a representative of

a statewide association of which the public body is a

member.

(17) The recruitment, credentialing, discipline or

formal peer review of physicians or other health care

professionals for a hospital, or other institution

providing medical care, that is operated by the public

body.

(18) Deliberations for decisions of the Prisoner

Review Board.

(19) Review or discussion of applications received

under the Experimental Organ Transplantation Procedures

Act.

(20) The classification and discussion of matters

classified as confidential or continued confidential by

the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed

under this Act, whether for purposes of approval by the

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

mandated by Section 2.06.

(22) Deliberations for decisions of the State

Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal

utility or the operation of a municipal power agency or

municipal natural gas agency when the discussion involves

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

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

conclusions of load forecast studies.

(24) Meetings of a residential health care facility

resident sexual assault and death review team or the

Executive Council under the Abuse Prevention Review Team

Act.

(25) Meetings of an independent team of experts under

Brian's Law.

(26) Meetings of a mortality review team appointed

under the Department of Juvenile Justice Mortality Review

Team Act.

(27) (Blank).

(28) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Public Aid Code or (ii)

that pertain to appeals under Section 11-8 of the Public

Aid Code.

(29) Meetings between internal or external auditors

and governmental audit committees, finance committees, and

their equivalents, when the discussion involves internal

control weaknesses, identification of potential fraud risk

areas, known or suspected frauds, and fraud interviews

conducted in accordance with generally accepted auditing

standards of the United States of America.

(30) Those meetings or portions of meetings of a

fatality review team or the Illinois Fatality Review Team

Advisory Council during which a review of the death of an

eligible adult in which abuse or neglect is suspected,

alleged, or substantiated is conducted pursuant to Section

15 of the Adult Protective Services Act.

(31) Meetings and deliberations for decisions of the

Concealed Carry Licensing Review Board under the Firearm

Concealed Carry Act.

(32) Meetings between the Regional Transportation

Authority Board and its Service Boards when the discussion

involves review by the Regional Transportation Authority

Board of employment contracts under Section 28d of the

Metropolitan Transit Authority Act and Sections 3A.18 and

3B.26 of the Regional Transportation Authority Act.

(33) Those meetings meeting or portions of meetings of

the advisory committee and peer review subcommittee

created under Section 320 of the Illinois Controlled

Substances Act during which specific controlled substance

prescriber, dispenser, or patient information is

discussed.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose

relationship with the public body constitutes an

employer-employee relationship under the usual common law

rules, and who is not an independent contractor.

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

Constitution or laws of this State, the occupant of which is

charged with the exercise of some portion of the sovereign

power of this State. The term "public office" shall include

members of the public body, but it shall not include

organizational positions filled by members thereof, whether

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

assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body

charged by law or ordinance with the responsibility to conduct

hearings, receive evidence or testimony and make

determinations based thereon, but does not include local

electoral boards when such bodies are considering petition

challenges.

(e) Final action. No final action may be taken at a closed

meeting. Final action shall be preceded by a public recital of

the nature of the matter being considered and other information

that will inform the public of the business being conducted.

(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,

eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14;

99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15;

revised 10-14-15.)

Section 20. The Freedom of Information Act is amended by

changing Sections 7, 7.5, and 11 as follows:

(5 ILCS 140/7) (from Ch. 116, par. 207)

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public

record that contains information that is exempt from disclosure

under this Section, but also contains information that is not

exempt from disclosure, the public body may elect to redact the

information that is exempt. The public body shall make the

remaining information available for inspection and copying.

Subject to this requirement, the following shall be exempt from

inspection and copying:

(a) Information specifically prohibited from

disclosure by federal or State law or rules and regulations

implementing federal or State law.

(b) Private information, unless disclosure is required

by another provision of this Act, a State or federal law or

a court order.

(b-5) Files, documents, and other data or databases

maintained by one or more law enforcement agencies and

specifically designed to provide information to one or more

law enforcement agencies regarding the physical or mental

status of one or more individual subjects.

(c) Personal information contained within public

records, the disclosure of which would constitute a clearly

unwarranted invasion of personal privacy, unless the

disclosure is consented to in writing by the individual

subjects of the information. "Unwarranted invasion of

personal privacy" means the disclosure of information that

is highly personal or objectionable to a reasonable person

and in which the subject's right to privacy outweighs any

legitimate public interest in obtaining the information.

The disclosure of information that bears on the public

duties of public employees and officials shall not be

considered an invasion of personal privacy.

(d) Records in the possession of any public body

created in the course of administrative enforcement

proceedings, and any law enforcement or correctional

agency for law enforcement purposes, but only to the extent

that disclosure would:

(i) interfere with pending or actually and

reasonably contemplated law enforcement proceedings

conducted by any law enforcement or correctional

agency that is the recipient of the request;

(ii) interfere with active administrative

enforcement proceedings conducted by the public body

that is the recipient of the request;

(iii) create a substantial likelihood that a

person will be deprived of a fair trial or an impartial

hearing;

(iv) unavoidably disclose the identity of a

confidential source, confidential information

furnished only by the confidential source, or persons

who file complaints with or provide information to

administrative, investigative, law enforcement, or

penal agencies; except that the identities of

witnesses to traffic accidents, traffic accident

reports, and rescue reports shall be provided by

agencies of local government, except when disclosure

would interfere with an active criminal investigation

conducted by the agency that is the recipient of the

request;

(v) disclose unique or specialized investigative

techniques other than those generally used and known or

disclose internal documents of correctional agencies

related to detection, observation or investigation of

incidents of crime or misconduct, and disclosure would

result in demonstrable harm to the agency or public

body that is the recipient of the request;

(vi) endanger the life or physical safety of law

enforcement personnel or any other person; or

(vii) obstruct an ongoing criminal investigation

by the agency that is the recipient of the request.

(d-5) A law enforcement record created for law

enforcement purposes and contained in a shared electronic

record management system if the law enforcement agency that

is the recipient of the request did not create the record,

did not participate in or have a role in any of the events

which are the subject of the record, and only has access to

the record through the shared electronic record management

system.

(e) Records that relate to or affect the security of

correctional institutions and detention facilities.

(e-5) Records requested by persons committed to the

Department of Corrections if those materials are available

in the library of the correctional facility where the

inmate is confined.

(e-6) Records requested by persons committed to the

Department of Corrections if those materials include

records from staff members' personnel files, staff

rosters, or other staffing assignment information.

(e-7) Records requested by persons committed to the

Department of Corrections if those materials are available

through an administrative request to the Department of

Corrections.

(f) Preliminary drafts, notes, recommendations,

memoranda and other records in which opinions are

expressed, or policies or actions are formulated, except

that a specific record or relevant portion of a record

shall not be exempt when the record is publicly cited and

identified by the head of the public body. The exemption

provided in this paragraph (f) extends to all those records

of officers and agencies of the General Assembly that

pertain to the preparation of legislative documents.

(g) Trade secrets and commercial or financial

information obtained from a person or business where the

trade secrets or commercial or financial information are

furnished under a claim that they are proprietary,

privileged or confidential, and that disclosure of the

trade secrets or commercial or financial information would

cause competitive harm to the person or business, and only

insofar as the claim directly applies to the records

requested.

The information included under this exemption includes

all trade secrets and commercial or financial information

obtained by a public body, including a public pension fund,

from a private equity fund or a privately held company

within the investment portfolio of a private equity fund as

a result of either investing or evaluating a potential

investment of public funds in a private equity fund. The

exemption contained in this item does not apply to the

aggregate financial performance information of a private

equity fund, nor to the identity of the fund's managers or

general partners. The exemption contained in this item does

not apply to the identity of a privately held company

within the investment portfolio of a private equity fund,

unless the disclosure of the identity of a privately held

company may cause competitive harm.

Nothing contained in this paragraph (g) shall be

construed to prevent a person or business from consenting

to disclosure.

(h) Proposals and bids for any contract, grant, or

agreement, including information which if it were

disclosed would frustrate procurement or give an advantage

to any person proposing to enter into a contractor

agreement with the body, until an award or final selection

is made. Information prepared by or for the body in

preparation of a bid solicitation shall be exempt until an

award or final selection is made.

(i) Valuable formulae, computer geographic systems,

designs, drawings and research data obtained or produced by

any public body when disclosure could reasonably be

expected to produce private gain or public loss. The

exemption for "computer geographic systems" provided in

this paragraph (i) does not extend to requests made by news

media as defined in Section 2 of this Act when the

requested information is not otherwise exempt and the only

purpose of the request is to access and disseminate

information regarding the health, safety, welfare, or

legal rights of the general public.

(j) The following information pertaining to

educational matters:

(i) test questions, scoring keys and other

examination data used to administer an academic

examination;

(ii) information received by a primary or

secondary school, college, or university under its

procedures for the evaluation of faculty members by

their academic peers;

(iii) information concerning a school or

university's adjudication of student disciplinary

cases, but only to the extent that disclosure would

unavoidably reveal the identity of the student; and

(iv) course materials or research materials used

by faculty members.

(k) Architects' plans, engineers' technical

submissions, and other construction related technical

documents for projects not constructed or developed in

whole or in part with public funds and the same for

projects constructed or developed with public funds,

including but not limited to power generating and

distribution stations and other transmission and

distribution facilities, water treatment facilities,

airport facilities, sport stadiums, convention centers,

and all government owned, operated, or occupied buildings,

but only to the extent that disclosure would compromise

security.

(l) Minutes of meetings of public bodies closed to the

public as provided in the Open Meetings Act until the

public body makes the minutes available to the public under

Section 2.06 of the Open Meetings Act.

(m) Communications between a public body and an

attorney or auditor representing the public body that would

not be subject to discovery in litigation, and materials

prepared or compiled by or for a public body in

anticipation of a criminal, civil or administrative

proceeding upon the request of an attorney advising the

public body, and materials prepared or compiled with

respect to internal audits of public bodies.

(n) Records relating to a public body's adjudication of

employee grievances or disciplinary cases; however, this

exemption shall not extend to the final outcome of cases in

which discipline is imposed.

(o) Administrative or technical information associated

with automated data processing operations, including but

not limited to software, operating protocols, computer

program abstracts, file layouts, source listings, object

modules, load modules, user guides, documentation

pertaining to all logical and physical design of

computerized systems, employee manuals, and any other

information that, if disclosed, would jeopardize the

security of the system or its data or the security of

materials exempt under this Section.

(p) Records relating to collective negotiating matters

between public bodies and their employees or

representatives, except that any final contract or

agreement shall be subject to inspection and copying.

(q) Test questions, scoring keys, and other

examination data used to determine the qualifications of an

applicant for a license or employment.

(r) The records, documents, and information relating

to real estate purchase negotiations until those

negotiations have been completed or otherwise terminated.

With regard to a parcel involved in a pending or actually

and reasonably contemplated eminent domain proceeding

under the Eminent Domain Act, records, documents and

information relating to that parcel shall be exempt except

as may be allowed under discovery rules adopted by the

Illinois Supreme Court. The records, documents and

information relating to a real estate sale shall be exempt

until a sale is consummated.

(s) Any and all proprietary information and records

related to the operation of an intergovernmental risk

management association or self-insurance pool or jointly

self-administered health and accident cooperative or pool.

Insurance or self insurance (including any

intergovernmental risk management association or self

insurance pool) claims, loss or risk management

information, records, data, advice or communications.

(t) Information contained in or related to

examination, operating, or condition reports prepared by,

on behalf of, or for the use of a public body responsible

for the regulation or supervision of financial

institutions or insurance companies, unless disclosure is

otherwise required by State law.

(u) Information that would disclose or might lead to

the disclosure of secret or confidential information,

codes, algorithms, programs, or private keys intended to be

used to create electronic or digital signatures under the

Electronic Commerce Security Act.

(v) Vulnerability assessments, security measures, and

response policies or plans that are designed to identify,

prevent, or respond to potential attacks upon a community's

population or systems, facilities, or installations, the

destruction or contamination of which would constitute a

clear and present danger to the health or safety of the

community, but only to the extent that disclosure could

reasonably be expected to jeopardize the effectiveness of

the measures or the safety of the personnel who implement

them or the public. Information exempt under this item may

include such things as details pertaining to the

mobilization or deployment of personnel or equipment, to

the operation of communication systems or protocols, or to

tactical operations.

(w) (Blank).

(x) Maps and other records regarding the location or

security of generation, transmission, distribution,

storage, gathering, treatment, or switching facilities

owned by a utility, by a power generator, or by the

Illinois Power Agency.

(y) Information contained in or related to proposals,

bids, or negotiations related to electric power

procurement under Section 1-75 of the Illinois Power Agency

Act and Section 16-111.5 of the Public Utilities Act that

is determined to be confidential and proprietary by the

Illinois Power Agency or by the Illinois Commerce

Commission.

(z) Information about students exempted from

disclosure under Sections 10-20.38 or 34-18.29 of the

School Code, and information about undergraduate students

enrolled at an institution of higher education exempted

from disclosure under Section 25 of the Illinois Credit

Card Marketing Act of 2009.

(aa) Information the disclosure of which is exempted

under the Viatical Settlements Act of 2009.

(bb) Records and information provided to a mortality

review team and records maintained by a mortality review

team appointed under the Department of Juvenile Justice

Mortality Review Team Act.

(cc) Information regarding interments, entombments, or

inurnments of human remains that are submitted to the

Cemetery Oversight Database under the Cemetery Care Act or

the Cemetery Oversight Act, whichever is applicable.

(dd) Correspondence and records (i) that may not be

disclosed under Section 11-9 of the Public Aid Code or (ii)

that pertain to appeals under Section 11-8 of the Public

Aid Code.

(ee) The names, addresses, or other personal

information of persons who are minors and are also

participants and registrants in programs of park

districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations.

(ff) The names, addresses, or other personal

information of participants and registrants in programs of

park districts, forest preserve districts, conservation

districts, recreation agencies, and special recreation

associations where such programs are targeted primarily to

minors.

(gg) Confidential information described in Section

1-100 of the Illinois Independent Tax Tribunal Act of 2012.

(hh) The report submitted to the State Board of

Education by the School Security and Standards Task Force

under item (8) of subsection (d) of Section 2-3.160 of the

School Code and any information contained in that report.

(ii) Records requested by persons committed to or

detained by the Department of Human Services under the

Sexually Violent Persons Commitment Act or committed to the

Department of Corrections under the Sexually Dangerous

Persons Act if those materials: (i) are available in the

library of the facility where the individual is confined;

(ii) include records from staff members' personnel files,

staff rosters, or other staffing assignment information;

or (iii) are available through an administrative request to

the Department of Human Services or the Department of

Corrections.

(jj) (ii) Confidential information described in

Section 5-535 of the Civil Administrative Code of Illinois.

(1.5) Any information exempt from disclosure under the

Judicial Privacy Act shall be redacted from public records

prior to disclosure under this Act.

(2) A public record that is not in the possession of a

public body but is in the possession of a party with whom the

agency has contracted to perform a governmental function on

behalf of the public body, and that directly relates to the

governmental function and is not otherwise exempt under this

Act, shall be considered a public record of the public body,

for purposes of this Act.

(3) This Section does not authorize withholding of

information or limit the availability of records to the public,

except as stated in this Section or otherwise provided in this

Act.

(Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13;

98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16;

revised 1-11-16.)

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be exempt

from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other records

prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a local

emergency energy plan ordinance that is adopted under

Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by wireless

carriers under the Wireless Emergency Telephone Safety

Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the Capital

Crimes Litigation Act. This subsection (n) shall apply

until the conclusion of the trial of the case, even if the

prosecution chooses not to pursue the death penalty prior

to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Records Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained in,

stored in, submitted to, transferred by, or released from

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange. The terms

"identified" and "deidentified" shall be given the same

meaning as in the Health Insurance Portability and

Accountability and Portability Act of 1996, Public Law

104-191, or any subsequent amendments thereto, and any

regulations promulgated thereunder.

(u) Records and information provided to an independent

team of experts under Brian's Law.

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) (bb) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,

eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;

99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

revised 10-14-15.)

(5 ILCS 140/11) (from Ch. 116, par. 211)

Sec. 11. (a) Any person denied access to inspect or copy

any public record by a public body may file suit for injunctive

or declaratory relief.

(b) Where the denial is from a public body of the State,

suit may be filed in the circuit court for the county where the

public body has its principal office or where the person denied

access resides.

(c) Where the denial is from a municipality or other public

body, except as provided in subsection (b) of this Section,

suit may be filed in the circuit court for the county where the

public body is located.

(d) The circuit court shall have the jurisdiction to enjoin

the public body from withholding public records and to order

the production of any public records improperly withheld from

the person seeking access. If the public body can show that

exceptional circumstances exist, and that the body is

exercising due diligence in responding to the request, the

court may retain jurisdiction and allow the agency additional

time to complete its review of the records.

(e) On motion of the plaintiff, prior to or after in camera

inspection, the court shall order the public body to provide an

index of the records to which access has been denied. The index

shall include the following:

(i) A description of the nature or contents of each

document withheld, or each deletion from a released

document, provided, however, that the public body shall not

be required to disclose the information which it asserts is

exempt; and

(ii) A statement of the exemption or exemptions claimed

for each such deletion or withheld document.

(f) In any action considered by the court, the court shall

consider the matter de novo, and shall conduct such in camera

examination of the requested records as it finds appropriate to

determine if such records or any part thereof may be withheld

under any provision of this Act. The burden shall be on the

public body to establish that its refusal to permit public

inspection or copying is in accordance with the provisions of

this Act. Any public body that asserts that a record is exempt

from disclosure has the burden of proving that it is exempt by

clear and convincing evidence.

(g) In the event of noncompliance with an order of the

court to disclose, the court may enforce its order against any

public official or employee so ordered or primarily responsible

for such noncompliance through the court's contempt powers.

(h) Except as to causes the court considers to be of

greater importance, proceedings arising under this Section

shall take precedence on the docket over all other causes and

be assigned for hearing and trial at the earliest practicable

date and expedited in every way.

(i) If a person seeking the right to inspect or receive a

copy of a public record prevails in a proceeding under this

Section, the court shall award such person reasonable

attorney's attorneys' fees and costs. In determining what

amount of attorney's fees is reasonable, the court shall

consider the degree to which the relief obtained relates to the

relief sought. The changes contained in this subsection apply

to an action filed on or after January 1, 2010 (the effective

date of Public Act 96-542) this amendatory Act of the 96th

General Assembly.

(j) If the court determines that a public body willfully

and intentionally failed to comply with this Act, or otherwise

acted in bad faith, the court shall also impose upon the public

body a civil penalty of not less than $2,500 nor more than

$5,000 for each occurrence. In assessing the civil penalty, the

court shall consider in aggravation or mitigation the budget of

the public body and whether the public body has previously been

assessed penalties for violations of this Act. The changes

contained in this subsection apply to an action filed on or

after January 1, 2010 (the effective date of Public Act 96-542)

this amendatory Act of the 96th General Assembly.

(Source: P.A. 96-542, eff. 1-1-10; 97-813, eff. 7-13-12;

revised 10-14-15.)

Section 25. The State Records Act is amended by changing

Section 9 as follows:

(5 ILCS 160/9) (from Ch. 116, par. 43.12)

Sec. 9. The head of each agency shall establish, and

maintain an active, continuing program for the economical and

efficient management of the records of the agency.

Such program:

(1) shall provide for effective controls over the

creation, maintenance, and use of records in the conduct of

current business and shall ensure that agency electronic

records, as specified in Section 5-135 of the Electronic

Commerce Security Act, are retained in a trustworthy manner

so that the records, and the information contained in the

records, are accessible and usable for reference for the

duration of the retention period; all computer tape or disk

maintenance and preservation procedures must be fully

applied and, if equipment or programs providing access to

the records are updated or replaced, the existing data must

remain accessible in the successor format for the duration

of the approved retention period;

(2) shall provide for cooperation with the Secretary in

appointing a records officer and in applying standards,

procedures, and techniques to improve the management of

records, promote the maintenance and security of records

deemed appropriate for preservation, and facilitate the

segregation and disposal of records of temporary value; and

(3) shall provide for compliance with the provisions of

this Act and the rules and regulations issued thereunder.

If an agency has delegated its authority to retain records

to another agency, then the delegate agency shall maintain the

same, or a more diligent, record retention methodology and

record retention period as the original agency's program. If

the delegate is from the legislative or judicial branch, then

the delegate may use the same record retention methodology and

record retention period that the delegate uses for similar

records.

(Source: P.A. 97-932, eff. 8-10-12; revised 10-13-15.)

Section 30. The Filing of Copies Act is amended by changing

Section 2 as follows:

(5 ILCS 165/2) (from Ch. 116, par. 102)

Sec. 2. In order to be acceptable for filing, reproduced

copies shall conform to the following standards:

(a) be Be facsimiles of the official form, produced by

photo-offset, photoengraving, photocopying, or other

similar reproduction process;

(b) be Be on paper of substantially the same weight and

texture and of a quality at least as good as that used in

the official form;

(c) substantially Substantially duplicate the colors

of the official form;

(d) have Have a high degree of legibility, both as to

the original form and as to matter filled in; the . The

agency with which a report is required to be filed may

reject any illegible reproduction and reject any process

which fails to meet this standard;

(e) be Be on paper perforated in the same manner as the

official form; and

(f) be Be of the same size as the official form, both

as to the dimensions of the paper and the image produced.

(Source: Laws 1961, p. 2551; revised 10-13-15.)

Section 35. The Intergovernmental Cooperation Act is

amended by changing Section 3.5 as follows:

(5 ILCS 220/3.5) (from Ch. 127, par. 743.5)

Sec. 3.5. Any expenditure of funds by a public agency

organized pursuant to an intergovernmental agreement in

accordance with the provisions of this Act and consisting of 5

public agencies or less, except for an intergovernmental risk

management association, self-insurance pool or

self-administered health and accident cooperative or pool,

shall be in accordance with the Illinois Purchasing Act if the

State is a party to the agreement, and shall be in accordance

with any law or ordinance applicable to the public agency with

the largest population which is a party to the agreement if the

State is not a party to the agreement. If the State is not a

party to the agreement and there is no such applicable law or

ordinance, all purchases shall be subject to the provisions of

the Governmental Joint Purchasing Act "An Act authorizing

certain governmental units to purchase personal property,

supplies and services jointly", approved August 15, 1961, as

amended. Such self-insurance or insurance pools may enter into

reinsurance agreements for the protection of their members.

(Source: P.A. 84-1431; revised 10-13-15.)

Section 40. The Election Code is amended by changing

Sections 10-10, 11-6, and 19-12.1 as follows:

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

Sec. 10-10. Within 24 hours after the receipt of the

certificate of nomination or nomination papers or proposed

question of public policy, as the case may be, and the

objector's petition, the chairman of the electoral board other

than the State Board of Elections shall send a call by

registered or certified mail to each of the members of the

electoral board, and to the objector who filed the objector's

petition, and either to the candidate whose certificate of

nomination or nomination papers are objected to or to the

principal proponent or attorney for proponents of a question of

public policy, as the case may be, whose petitions are objected

to, and shall also cause the sheriff of the county or counties

in which such officers and persons reside to serve a copy of

such call upon each of such officers and persons, which call

shall set out the fact that the electoral board is required to

meet to hear and pass upon the objections to nominations made

for the office, designating it, and shall state the day, hour

and place at which the electoral board shall meet for the

purpose, which place shall be in the county court house in the

county in the case of the County Officers Electoral Board, the

Municipal Officers Electoral Board, the Township Officers

Electoral Board or the Education Officers Electoral Board,

except that the Municipal Officers Electoral Board, the

Township Officers Electoral Board, and the Education Officers

Electoral Board may meet at the location where the governing

body of the municipality, township, or community college

district, respectively, holds its regularly scheduled

meetings, if that location is available; provided that voter

records may be removed from the offices of an election

authority only at the discretion and under the supervision of

the election authority. In those cases where the State Board of

Elections is the electoral board designated under Section 10-9,

the chairman of the State Board of Elections shall, within 24

hours after the receipt of the certificate of nomination or

nomination papers or petitions for a proposed amendment to

Article IV of the Constitution or proposed statewide question

of public policy, send a call by registered or certified mail

to the objector who files the objector's petition, and either

to the candidate whose certificate of nomination or nomination

papers are objected to or to the principal proponent or

attorney for proponents of the proposed Constitutional

amendment or statewide question of public policy and shall

state the day, hour, and place at which the electoral board

shall meet for the purpose, which place may be in the Capitol

Building or in the principal or permanent branch office of the

State Board. The day of the meeting shall not be less than 3

nor more than 5 days after the receipt of the certificate of

nomination or nomination papers and the objector's petition by

the chairman of the electoral board.

The electoral board shall have the power to administer

oaths and to subpoena and examine witnesses and, at the request

of either party and only upon a vote by a majority of its

members, may authorize the chairman to issue subpoenas

requiring the attendance of witnesses and subpoenas duces tecum

requiring the production of such books, papers, records and

documents as may be evidence of any matter under inquiry before

the electoral board, in the same manner as witnesses are

subpoenaed in the Circuit Court.

Service of such subpoenas shall be made by any sheriff or

other person in the same manner as in cases in such court and

the fees of such sheriff shall be the same as is provided by

law, and shall be paid by the objector or candidate who causes

the issuance of the subpoena. In case any person so served

shall knowingly neglect or refuse to obey any such subpoena, or

to testify, the electoral board shall at once file a petition

in the circuit court of the county in which such hearing is to

be heard, or has been attempted to be heard, setting forth the

facts, of such knowing refusal or neglect, and accompanying the

petition with a copy of the citation and the answer, if one has

been filed, together with a copy of the subpoena and the return

of service thereon, and shall apply for an order of court

requiring such person to attend and testify, and forthwith

produce books and papers, before the electoral board. Any

circuit court of the state, excluding the judge who is sitting

on the electoral board, upon such showing shall order such

person to appear and testify, and to forthwith produce such

books and papers, before the electoral board at a place to be

fixed by the court. If such person shall knowingly fail or

refuse to obey such order of the court without lawful excuse,

the court shall punish him or her by fine and imprisonment, as

the nature of the case may require and may be lawful in cases

of contempt of court.

The electoral board on the first day of its meeting shall

adopt rules of procedure for the introduction of evidence and

the presentation of arguments and may, in its discretion,

provide for the filing of briefs by the parties to the

objection or by other interested persons.

In the event of a State Electoral Board hearing on

objections to a petition for an amendment to Article IV of the

Constitution pursuant to Section 3 of Article XIV of the

Constitution, or to a petition for a question of public policy

to be submitted to the voters of the entire State, the

certificates of the county clerks and boards of election

commissioners showing the results of the random sample of

signatures on the petition shall be prima facie valid and

accurate, and shall be presumed to establish the number of

valid and invalid signatures on the petition sheets reviewed in

the random sample, as prescribed in Section 28-11 and 28-12 of

this Code. Either party, however, may introduce evidence at

such hearing to dispute the findings as to particular

signatures. In addition to the foregoing, in the absence of

competent evidence presented at such hearing by a party

substantially challenging the results of a random sample, or

showing a different result obtained by an additional sample,

this certificate of a county clerk or board of election

commissioners shall be presumed to establish the ratio of valid

to invalid signatures within the particular election

jurisdiction.

The electoral board shall take up the question as to

whether or not the certificate of nomination or nomination

papers or petitions are in proper form, and whether or not they

were filed within the time and under the conditions required by

law, and whether or not they are the genuine certificate of

nomination or nomination papers or petitions which they purport

to be, and whether or not in the case of the certificate of

nomination in question it represents accurately the decision of

the caucus or convention issuing it, and in general shall

decide whether or not the certificate of nomination or

nominating papers or petitions on file are valid or whether the

objections thereto should be sustained and the decision of a

majority of the electoral board shall be final subject to

judicial review as provided in Section 10-10.1. The electoral

board must state its findings in writing and must state in

writing which objections, if any, it has sustained. A copy of

the decision shall be served upon the parties to the

proceedings in open proceedings before the electoral board. If

a party does not appear for receipt of the decision, the

decision shall be deemed to have been served on the absent

party on the date when a copy of the decision is personally

delivered or on the date when a copy of the decision is

deposited in the United Unites States mail, in a sealed

envelope or package, with postage prepaid, addressed to each

party affected by the decision or to such party's attorney of

record, if any, at the address on record for such person in the

files of the electoral board.

Upon the expiration of the period within which a proceeding

for judicial review must be commenced under Section 10-10.1,

the electoral board shall, unless a proceeding for judicial

review has been commenced within such period, transmit, by

registered or certified mail, a certified copy of its ruling,

together with the original certificate of nomination or

nomination papers or petitions and the original objector's

petition, to the officer or board with whom the certificate of

nomination or nomination papers or petitions, as objected to,

were on file, and such officer or board shall abide by and

comply with the ruling so made to all intents and purposes.

(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 99-78,

eff. 7-20-15; revised 10-14-15.)

(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)

Sec. 11-6. Within 60 days after July 1, 2014 (the effective

date of Public Act 98-691) this amendatory Act of the 98th

General Assembly, each election authority shall transmit to the

principal office of the State Board of Elections and publish on

any website maintained by the election authority maps in

electronic portable document format (PDF) (.PDF) showing the

current boundaries of all the precincts within its

jurisdiction. Whenever election precincts in an election

jurisdiction have been redivided or readjusted, the county

board or board of election commissioners shall prepare maps in

electronic portable document format (PDF) (.PDF) showing such

election precinct boundaries no later than 90 days before the

next scheduled election. The maps shall show the boundaries of

all political subdivisions and districts. The county board or

board of election commissioners shall immediately forward

copies thereof to the chairman of each county central committee

in the county, to each township, ward, or precinct

committeeman, and each local election official whose political

subdivision is wholly or partly in the county and, upon

request, shall furnish copies thereof to each candidate for

political or public office in the county and shall transmit

copies thereof to the principal office of the State Board of

Elections and publish copies thereof on any website maintained

by the election authority.

(Source: P.A. 98-691, eff. 7-1-14; revised 10-14-15.)

(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)

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, the ID/DD Community Care Act, or

the MC/DD 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

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 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 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 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 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 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 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, 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, the MC/DD 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. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;

99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)

Section 45. The Secretary of State Merit Employment Code is

amended by changing Section 10a as follows:

(15 ILCS 310/10a) (from Ch. 124, par. 110a)

Sec. 10a. Jurisdiction A - classification and pay. For

positions in the Office of the Secretary of State with respect

to the classification and pay:

(1) For the preparation, maintenance, and revision by

the Director, subject to approval by the Commission, of a

position classification plan for all positions subject to

this Act, based upon similarity of duties performed,

responsibilities assigned, and conditions of employment so

that the same schedule of pay may be equitably applied to

all positions in the same class. Unless the Commission

disapproves such classification plan or any revision

thereof within 30 calendar days, the Director shall

allocate every such position to one of the classes in the

plan. Any employee affected by the allocation of a position

to a class shall after filing with the Director of

Personnel within 30 calendar days of the allocation a

request for reconsideration thereof in such manner and form

as the Director may prescribe, be given a reasonable

opportunity to be heard by the Director. If the employee

does not accept the decision of the Director he may, within

15 calendar days after receipt of the reconsidered

decision, appeal to the Merit Commission.

(2) For a pay plan to be prepared by the Director for

all employees subject to this Act. Such pay plan may

include provisions for uniformity of starting pay, an

increment plan, area differentials, a delay not to exceed

one year in the reduction of the pay of employees whose

positions are reduced in rank or grade by reallocation

because of a loss of duties or responsibilities after their

appointments to such positions, prevailing rates of wages

in those classifications in which employers are now paying

or may hereafter pay such rates of wage and other

provisions. Such pay plan shall become effective only after

it has been approved by the Secretary of State. Amendments

to the pay plan will be made in the same manner. Such pay

plan shall provide that each employee shall be paid at one

of the rates set forth in the pay plan for the class of

position in which he is employed. Such pay plan shall

provide for a fair and reasonable compensation for far

services rendered.

(Source: P.A. 80-13; revised 10-13-15.)

Section 50. The Illinois Identification Card Act is amended

by changing Sections 2, 4, and 14C 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" 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. Whenever any

application to the Secretary for an identification card

under this Act is accompanied by any fee, as required by

law, and the application is denied after a review of

eligibility, which may include facial recognition

comparison, the applicant shall not be entitled to a refund

of any fees paid.

(Source: P.A. 99-143, eff. 7-27-15; 99-305, eff. 1-1-16;

revised 10-14-15.)

(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.

(a-15) The Secretary of State may provide for an expedited

process for the issuance of an Illinois Identification Card.

The Secretary shall charge an additional fee for the expedited

issuance of an Illinois Identification Card, to be set by rule,

not to exceed $75. All fees collected by the Secretary for

expedited Illinois Identification Card service shall be

deposited into the Secretary of State Special Services Fund.

The Secretary may adopt rules regarding the eligibility,

process, and fee for an expedited Illinois Identification Card.

If the Secretary of State determines that the volume of

expedited identification card requests received on a given day

exceeds the ability of the Secretary to process those requests

in an expedited manner, the Secretary may decline to provide

expedited services, and the additional fee for the expedited

service shall be refunded to the applicant.

(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, a determination of

disability from an advanced practice nurse, or any other

documentation of disability whenever any State law requires

that a person with a disability 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 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. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;

98-558, eff. 1-1-14; 98-756, eff. 7-16-14; 99-143, eff.

7-27-15; 99-173, eff. 7-29-15; 99-305, eff. 1-1-16; revised

10-14-15.)

(15 ILCS 335/14C) (from Ch. 124, par. 34C)

Sec. 14C. Making false application or affidavit.

(a) It is a violation of this Section for any person:

1. To display or present any document for the purpose

of making application for an Illinois Identification Card

or Illinois Person with a Disability Identification Card

knowing that such document contains false information

concerning the identity of the applicant;

2. To accept or allow to be accepted any document

displayed or presented for the purpose of making

application for an Illinois Identification Card or

Illinois Person with a Disability Identification Card

knowing that such document contains false information

concerning the identity identify of the applicant;

3. To knowingly make any false affidavit or swear or

affirm falsely to any matter or thing required by the terms

of this Act to be sworn to or affirmed.

(b) Sentence.

1. Any person convicted of a violation of this Section

shall be guilty of a Class 4 felony.

2. A person convicted of a second or subsequent

violation of this Section shall be guilty of a Class 3

felony.

(c) This Section does not prohibit any lawfully authorized

investigative, protective, law enforcement or other activity

of any agency of the United States, State of Illinois or any

other state or political subdivision thereof.

(d) The Secretary of State may confiscate any suspected

fraudulent, fictitious, or altered documents submitted by an

applicant in support of an application for an Illinois

Identification Card or Illinois Person with a Disability

Identification Card.

(Source: P.A. 97-1064, eff. 1-1-13; revised 10-13-15.)

Section 55. The Alcoholism and Other Drug Abuse and

Dependency Act is amended by changing Section 5-23 as follows:

(20 ILCS 301/5-23)

Sec. 5-23. Drug Overdose Prevention Program.

(a) Reports of drug overdose.

(1) The Director of the Division of Alcoholism and

Substance Abuse shall publish annually a report on drug

overdose trends statewide that reviews State death rates

from available data to ascertain changes in the causes or

rates of fatal and nonfatal drug overdose. The report shall

also provide information on interventions that would be

effective in reducing the rate of fatal or nonfatal drug

overdose and shall include an analysis of drug overdose

information reported to the Department of Public Health

pursuant to subsection (e) of Section 3-3013 of the

Counties Code, Section 6.14g of the Hospital Licensing Act,

and subsection (j) of Section 22-30 of the School Code.

(2) The report may include:

(A) Trends in drug overdose death rates.

(B) Trends in emergency room utilization related

to drug overdose and the cost impact of emergency room

utilization.

(C) Trends in utilization of pre-hospital and

emergency services and the cost impact of emergency

services utilization.

(D) Suggested improvements in data collection.

(E) A description of other interventions effective

in reducing the rate of fatal or nonfatal drug

overdose.

(F) A description of efforts undertaken to educate

the public about unused medication and about how to

properly dispose of unused medication, including the

number of registered collection receptacles in this

State, mail-back programs, and drug take-back events.

(b) Programs; drug overdose prevention.

(1) The Director may establish a program to provide for

the production and publication, in electronic and other

formats, of drug overdose prevention, recognition, and

response literature. The Director may develop and

disseminate curricula for use by professionals,

organizations, individuals, or committees interested in

the prevention of fatal and nonfatal drug overdose,

including, but not limited to, drug users, jail and prison

personnel, jail and prison inmates, drug treatment

professionals, emergency medical personnel, hospital

staff, families and associates of drug users, peace

officers, firefighters, public safety officers, needle

exchange program staff, and other persons. In addition to

information regarding drug overdose prevention,

recognition, and response, literature produced by the

Department shall stress that drug use remains illegal and

highly dangerous and that complete abstinence from illegal

drug use is the healthiest choice. The literature shall

provide information and resources for substance abuse

treatment.

The Director may establish or authorize programs for

prescribing, dispensing, or distributing opioid

antagonists for the treatment of drug overdose. Such

programs may include the prescribing of opioid antagonists

for the treatment of drug overdose to a person who is not

at risk of opioid overdose but who, in the judgment of the

health care professional, may be in a position to assist

another individual during an opioid-related drug overdose

and who has received basic instruction on how to administer

an opioid antagonist.

(2) The Director may provide advice to State and local

officials on the growing drug overdose crisis, including

the prevalence of drug overdose incidents, programs

promoting the disposal of unused prescription drugs,

trends in drug overdose incidents, and solutions to the

drug overdose crisis.

(c) Grants.

(1) The Director may award grants, in accordance with

this subsection, to create or support local drug overdose

prevention, recognition, and response projects. Local

health departments, correctional institutions, hospitals,

universities, community-based organizations, and

faith-based organizations may apply to the Department for a

grant under this subsection at the time and in the manner

the Director prescribes.

(2) In awarding grants, the Director shall consider the

necessity for overdose prevention projects in various

settings and shall encourage all grant applicants to

develop interventions that will be effective and viable in

their local areas.

(3) The Director shall give preference for grants to

proposals that, in addition to providing life-saving

interventions and responses, provide information to drug

users on how to access drug treatment or other strategies

for abstaining from illegal drugs. The Director shall give

preference to proposals that include one or more of the

following elements:

(A) Policies and projects to encourage persons,

including drug users, to call 911 when they witness a

potentially fatal drug overdose.

(B) Drug overdose prevention, recognition, and

response education projects in drug treatment centers,

outreach programs, and other organizations that work

with, or have access to, drug users and their families

and communities.

(C) Drug overdose recognition and response

training, including rescue breathing, in drug

treatment centers and for other organizations that

work with, or have access to, drug users and their

families and communities.

(D) The production and distribution of targeted or

mass media materials on drug overdose prevention and

response, the potential dangers of keeping unused

prescription drugs in the home, and methods to properly

dispose of unused prescription drugs.

(E) Prescription and distribution of opioid

antagonists.

(F) The institution of education and training

projects on drug overdose response and treatment for

emergency services and law enforcement personnel.

(G) A system of parent, family, and survivor

education and mutual support groups.

(4) In addition to moneys appropriated by the General

Assembly, the Director may seek grants from private

foundations, the federal government, and other sources to

fund the grants under this Section and to fund an

evaluation of the programs supported by the grants.

(d) Health care professional prescription of opioid

antagonists.

(1) A health care professional who, acting in good

faith, directly or by standing order, prescribes or

dispenses an opioid antagonist to: (a) a patient who, in

the judgment of the health care professional, is capable of

administering the drug in an emergency, or (b) a person who

is not at risk of opioid overdose but who, in the judgment

of the health care professional, may be in a position to

assist another individual during an opioid-related drug

overdose and who has received basic instruction on how to

administer an opioid antagonist shall not, as a result of

his or her acts or omissions, be subject to: (i) any

disciplinary or other adverse action under the Medical

Practice Act of 1987, the Physician Assistant Practice Act

of 1987, the Nurse Practice Act, the Pharmacy Practice Act,

or any other professional licensing statute or (ii) any

criminal liability, except for willful and wanton

misconduct.

(2) A person who is not otherwise licensed to

administer an opioid antagonist may in an emergency

administer without fee an opioid antagonist if the person

has received the patient information specified in

paragraph (4) of this subsection and believes in good faith

that another person is experiencing a drug overdose. The

person shall not, as a result of his or her acts or

omissions, be (i) liable for any violation of the Medical

Practice Act of 1987, the Physician Assistant Practice Act

of 1987, the Nurse Practice Act, the Pharmacy Practice Act,

or any other professional licensing statute, or (ii)

subject to any criminal prosecution or civil liability,

except for willful and wanton misconduct.

(3) A health care professional prescribing an opioid

antagonist to a patient shall ensure that the patient

receives the patient information specified in paragraph

(4) of this subsection. Patient information may be provided

by the health care professional or a community-based

organization, substance abuse program, or other

organization with which the health care professional

establishes a written agreement that includes a

description of how the organization will provide patient

information, how employees or volunteers providing

information will be trained, and standards for documenting

the provision of patient information to patients.

Provision of patient information shall be documented in the

patient's medical record or through similar means as

determined by agreement between the health care

professional and the organization. The Director of the

Division of Alcoholism and Substance Abuse, in

consultation with statewide organizations representing

physicians, pharmacists, advanced practice nurses,

physician assistants, substance abuse programs, and other

interested groups, shall develop and disseminate to health

care professionals, community-based organizations,

substance abuse programs, and other organizations training

materials in video, electronic, or other formats to

facilitate the provision of such patient information.

(4) For the purposes of this subsection:

"Opioid antagonist" means a drug that binds to opioid

receptors and blocks or inhibits the effect of opioids

acting on those receptors, including, but not limited to,

naloxone hydrochloride or any other similarly acting drug

approved by the U.S. Food and Drug Administration.

"Health care professional" means a physician licensed

to practice medicine in all its branches, a licensed

physician assistant prescriptive authority, a licensed

advanced practice nurse prescriptive authority, or an

advanced practice nurse or physician assistant who

practices in a hospital, hospital affiliate, or ambulatory

surgical treatment center and possesses appropriate

clinical privileges in accordance with the Nurse Practice

Act, or a pharmacist licensed to practice pharmacy under

the Pharmacy Practice Act.

"Patient" includes a person who is not at risk of

opioid overdose but who, in the judgment of the physician,

may be in a position to assist another individual during an

overdose and who has received patient information as

required in paragraph (2) of this subsection on the

indications for and administration of an opioid

antagonist.

"Patient information" includes information provided to

the patient on drug overdose prevention and recognition;

how to perform rescue breathing and resuscitation; opioid

antagonist dosage and administration; the importance of

calling 911; care for the overdose victim after

administration of the overdose antagonist; and other

issues as necessary.

(e) Drug overdose response policy.

(1) Every State and local government agency that

employs a law enforcement officer or fireman as those terms

are defined in the Line of Duty Compensation Act must

possess opioid antagonists and must establish a policy to

control the acquisition, storage, transportation, and

administration of such opioid antagonists and to provide

training in the administration of opioid antagonists. A

State or local government agency that employs a fireman as

defined in the Line of Duty Compensation Act but does not

respond to emergency medical calls or provide medical

services shall be exempt from this subsection.

(2) Every publicly or privately owned ambulance,

special emergency medical services vehicle, non-transport

vehicle, or ambulance assist vehicle, as described in the

Emergency Medical Services (EMS) Systems Act, which

responds to requests for emergency services or transports

patients between hospitals in emergency situations must

possess opioid antagonists.

(3) Entities that are required under paragraphs (1) and

(2) to possess opioid antagonists may also apply to the

Department for a grant to fund the acquisition of opioid

antagonists and training programs on the administration of

opioid antagonists.

(Source: P.A. 99-173, eff. 7-29-15; 99-480, eff. 9-9-15;

revised 10-19-15.)

Section 60. The Children and Family Services Act is amended

by changing Section 7 as follows:

(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, locate, and provide notice to

all adult grandparents and other adult relatives of the child

who are 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, locate, and provide notice to

such potential relative placements 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 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 Public Act

98-846 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. 98-846, eff. 1-1-15; 99-143, eff. 7-27-15;

99-340, eff. 1-1-16; revised 10-19-15.)

Section 65. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois is

amended by changing Section 605-817 as follows:

(20 ILCS 605/605-817) (was 20 ILCS 605/46.19k)

Sec. 605-817. Family loan program.

(a) From amounts appropriated for such purpose, the

Department in consultation with the Department of Human

Services shall solicit proposals to establish programs to be

known as family loan programs. Such programs shall provide

small, no-interest loans to custodial parents with income below

200% of the federal poverty level and an who are working or

enrolled in a post-secondary education program, to aid in

covering the costs of unexpected expenses that could interfere

with their ability to maintain employment or continue

education. Loans awarded through a family loan program may be

paid directly to a third party on behalf of a loan recipient

and in either case shall not constitute income or resources for

the purposes of public assistance and care so long as the funds

are used for the intended purpose.

(b) The Director shall enter into written agreements with

not-for-profit organizations or local government agencies to

administer loan pools. Agreements shall be entered into with no

more than 4 organizations or agencies, no more than one of

which shall be located in the city of Chicago.

(c) Program sites shall be approved based on the

demonstrated ability of the organization or governmental

agency to secure funding from private or public sources

sufficient to establish a loan pool to be maintained through

repayment agreements entered into by eligible low-income

families. Funds awarded by the Department to approved program

sites shall be used for the express purposes of covering

staffing and administration costs associated with

administering the loan pool.

(Source: P.A. 91-372, eff. 1-1-00; 92-16, eff. 6-28-01; revised

10-19-15.)

Section 70. 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 campsites 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 campsite 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 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. 99-143, eff. 7-27-15; revised 10-14-15.)

Section 75. 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 an 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 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; 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. 98-820, eff. 8-1-14; 99-143, eff. 7-27-15;

revised 10-14-15.)

Section 80. The Department of Human Services Act is amended

by changing Sections 1-17 and 1-42 as follows:

(20 ILCS 1305/1-17)

Sec. 1-17. Inspector General.

(a) Nature and purpose. It is the express intent of the

General Assembly to ensure the health, safety, and financial

condition of individuals receiving services in this State due

to mental illness, developmental disability, or both by

protecting those persons from acts of abuse, neglect, or both

by service providers. To that end, the Office of the Inspector

General for the Department of Human Services is created to

investigate and report upon allegations of the abuse, neglect,

or financial exploitation of individuals receiving services

within mental health facilities, developmental disabilities

facilities, and community agencies operated, licensed, funded

or certified by the Department of Human Services, but not

licensed or certified by any other State agency.

(b) Definitions. The following definitions apply to this

Section:

"Adult student with a disability" means an adult student,

age 18 through 21, inclusive, with an Individual Education

Program, other than a resident of a facility licensed by the

Department of Children and Family Services in accordance with

the Child Care Act of 1969. For purposes of this definition,

"through age 21, inclusive", means through the day before the

student's 22nd birthday.

"Agency" or "community agency" means (i) a community agency

licensed, funded, or certified by the Department, but not

licensed or certified by any other human services agency of the

State, to provide mental health service or developmental

disabilities service, or (ii) a program licensed, funded, or

certified by the Department, but not licensed or certified by

any other human services agency of the State, to provide mental

health service or developmental disabilities service.

"Aggravating circumstance" means a factor that is

attendant to a finding and that tends to compound or increase

the culpability of the accused.

"Allegation" means an assertion, complaint, suspicion, or

incident involving any of the following conduct by an employee,

facility, or agency against an individual or individuals:

mental abuse, physical abuse, sexual abuse, neglect, or

financial exploitation.

"Day" means working day, unless otherwise specified.

"Deflection" means a situation in which an individual is

presented for admission to a facility or agency, and the

facility staff or agency staff do not admit the individual.

"Deflection" includes triage, redirection, and denial of

admission.

"Department" means the Department of Human Services.

"Developmental disability" means "developmental

disability" as defined in the Mental Health and Developmental

Disabilities Code.

"Egregious neglect" means a finding of neglect as

determined by the Inspector General that (i) represents a gross

failure to adequately provide for, or a callused indifference

to, the health, safety, or medical needs of an individual and

(ii) results in an individual's death or other serious

deterioration of an individual's physical condition or mental

condition.

"Employee" means any person who provides services at the

facility or agency on-site or off-site. The service

relationship can be with the individual or with the facility or

agency. Also, "employee" includes any employee or contractual

agent of the Department of Human Services or the community

agency involved in providing or monitoring or administering

mental health or developmental disability services. This

includes but is not limited to: owners, operators, payroll

personnel, contractors, subcontractors, and volunteers.

"Facility" or "State-operated facility" means a mental

health facility or developmental disabilities facility

operated by the Department.

"Financial exploitation" means taking unjust advantage of

an individual's assets, property, or financial resources

through deception, intimidation, or conversion for the

employee's, facility's, or agency's own advantage or benefit.

"Finding" means the Office of Inspector General's

determination regarding whether an allegation is

substantiated, unsubstantiated, or unfounded.

"Health care worker registry" or "registry" means the

health care worker registry 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. Sexual abuse also includes (i) an

employee's actions that result in the sending or showing of

sexually explicit images to an individual via computer,

cellular phone, electronic mail, portable electronic device,

or other media with or without contact with the individual or

(ii) an employee's posting of sexually explicit images of an

individual online or elsewhere whether or not there is contact

with the individual.

"Sexually explicit images" includes, but is not limited to,

any material which depicts nudity, sexual conduct, or

sado-masochistic abuse, or which contains explicit and

detailed verbal descriptions or narrative accounts of sexual

excitement, sexual conduct, or sado-masochistic abuse.

"Substantiated" means there is a preponderance of the

evidence to support the allegation.

"Unfounded" means there is no credible evidence to support

the allegation.

"Unsubstantiated" means there is credible evidence, but

less than a preponderance of evidence to support the

allegation.

(c) Appointment. The Governor shall appoint, and the Senate

shall confirm, an Inspector General. The Inspector General

shall be appointed for a term of 4 years and shall function

within the Department of Human Services and report to the

Secretary and the Governor.

(d) Operation and appropriation. The Inspector General

shall function independently within the Department with

respect to the operations of the Office, including the

performance of investigations and issuance of findings and

recommendations. The appropriation for the Office of Inspector

General shall be separate from the overall appropriation for

the Department.

(e) Powers and duties. The Inspector General shall

investigate reports of suspected mental abuse, physical abuse,

sexual abuse, neglect, or financial exploitation of

individuals in any mental health or developmental disabilities

facility or agency and shall have authority to take immediate

action to prevent any one or more of the following from

happening to individuals under its jurisdiction: mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation. Upon written request of an agency of this State,

the Inspector General may assist another agency of the State in

investigating reports of the abuse, neglect, or abuse and

neglect of persons with mental illness, persons with

developmental disabilities, or persons with both. To comply

with the requirements of subsection (k) of this Section, the

Inspector General shall also review all reportable deaths for

which there is no allegation of abuse or neglect. Nothing in

this Section shall preempt any duties of the Medical Review

Board set forth in the Mental Health and Developmental

Disabilities Code. The Inspector General shall have no

authority to investigate alleged violations of the State

Officials and Employees Ethics Act. Allegations of misconduct

under the State Officials and Employees Ethics Act shall be

referred to the Office of the Governor's Executive Inspector

General for investigation.

(f) Limitations. The Inspector General shall not conduct an

investigation within an agency or facility if that

investigation would be redundant to or interfere with an

investigation conducted by another State agency. The Inspector

General shall have no supervision over, or involvement in, the

routine programmatic, licensing, funding, or certification

operations of the Department. Nothing in this subsection limits

investigations by the Department that may otherwise be required

by law or that may be necessary in the Department's capacity as

central administrative authority responsible for the operation

of the State's mental health and developmental disabilities

facilities.

(g) Rulemaking authority. The Inspector General shall

promulgate rules establishing minimum requirements for

reporting allegations as well as for initiating, conducting,

and completing investigations based upon the nature of the

allegation or allegations. The rules shall clearly establish

that if 2 or more State agencies could investigate an

allegation, the Inspector General shall not conduct an

investigation that would be redundant to, or interfere with, an

investigation conducted by another State agency. The rules

shall further clarify the method and circumstances under which

the Office of Inspector General may interact with the

licensing, funding, or certification units of the Department in

preventing further occurrences of mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, and financial

exploitation.

(h) Training programs. The Inspector General shall (i)

establish a comprehensive program to ensure that every person

authorized to conduct investigations receives ongoing training

relative to investigation techniques, communication skills,

and the appropriate means of interacting with persons receiving

treatment for mental illness, developmental disability, or

both mental illness and developmental disability, and (ii)

establish and conduct periodic training programs for facility

and agency employees concerning the prevention and reporting of

any one or more of the following: mental abuse, physical abuse,

sexual abuse, neglect, egregious neglect, or financial

exploitation. Nothing in this Section shall be deemed to

prevent the Office of Inspector General from conducting any

other training as determined by the Inspector General to be

necessary or helpful.

(i) Duty to cooperate.

(1) The Inspector General shall at all times be granted

access to any facility or agency for the purpose of

investigating any allegation, conducting unannounced site

visits, monitoring compliance with a written response, or

completing any other statutorily assigned duty. The

Inspector General shall conduct unannounced site visits to

each facility at least annually for the purpose of

reviewing and making recommendations on systemic issues

relative to preventing, reporting, investigating, and

responding to all of the following: mental abuse, physical

abuse, sexual abuse, neglect, egregious neglect, or

financial exploitation.

(2) Any employee who fails to cooperate with an Office

of the Inspector General investigation is in violation of

this Act. Failure to cooperate with an investigation

includes, but is not limited to, any one or more of the

following: (i) creating and transmitting a false report to

the Office of the Inspector General hotline, (ii) providing

false information to an Office of the Inspector General

Investigator during an investigation, (iii) colluding with

other employees to cover up evidence, (iv) colluding with

other employees to provide false information to an Office

of the Inspector General investigator, (v) destroying

evidence, (vi) withholding evidence, or (vii) otherwise

obstructing an Office of the Inspector General

investigation. Additionally, any employee who, during an

unannounced site visit or written response compliance

check, fails to cooperate with requests from the Office of

the Inspector General is in violation of this Act.

(j) Subpoena powers. The Inspector General shall have the

power to subpoena witnesses and compel the production of all

documents and physical evidence relating to his or her

investigations and any hearings authorized by this Act. This

subpoena power shall not extend to persons or documents of a

labor organization or its representatives insofar as the

persons are acting in a representative capacity to an employee

whose conduct is the subject of an investigation or the

documents relate to that representation. Any person who

otherwise fails to respond to a subpoena or who knowingly

provides false information to the Office of the Inspector

General by subpoena during an investigation is guilty of a

Class A misdemeanor.

(k) Reporting allegations and deaths.

(1) Allegations. If an employee witnesses, is told of,

or has reason to believe an incident of mental abuse,

physical abuse, sexual abuse, neglect, or financial

exploitation has occurred, the employee, agency, or

facility shall report the allegation by phone to the Office

of the Inspector General hotline according to the agency's

or facility's procedures, but in no event later than 4

hours after the initial discovery of the incident,

allegation, or suspicion of any one or more of the

following: mental abuse, physical abuse, sexual abuse,

neglect, or financial exploitation. A required reporter as

defined in subsection (b) of this Section who knowingly or

intentionally fails to comply with these reporting

requirements is guilty of a Class A misdemeanor.

(2) Deaths. Absent an allegation, a required reporter

shall, within 24 hours after initial discovery, report by

phone to the Office of the Inspector General hotline each

of the following:

(i) Any death of an individual occurring within 14

calendar days after discharge or transfer of the

individual from a residential program or facility.

(ii) Any death of an individual occurring within 24

hours after deflection from a residential program or

facility.

(iii) Any other death of an individual occurring at

an agency or facility or at any Department-funded site.

(3) Retaliation. It is a violation of this Act for any

employee or administrator of an agency or facility to take

retaliatory action against an employee who acts in good

faith in conformance with his or her duties as a required

reporter.

(l) Reporting to law enforcement.

(1) Reporting criminal acts. Within 24 hours after

determining that there is credible evidence indicating

that a criminal act may have been committed or that special

expertise may be required in an investigation, the

Inspector General shall notify the Department of State

Police or other appropriate law enforcement authority, or

ensure that such notification is made. The Department of

State Police shall investigate any report from a

State-operated facility indicating a possible murder,

sexual assault, or other felony by an employee. All

investigations conducted by the Inspector General shall be

conducted in a manner designed to ensure the preservation

of evidence for possible use in a criminal prosecution.

(2) Reporting allegations of adult students with

disabilities. Upon receipt of a reportable allegation

regarding an adult student with a disability, the

Department's Office of the Inspector General shall

determine whether the allegation meets the criteria for the

Domestic Abuse Program under the Abuse of Adults with

Disabilities Intervention Act. If the allegation is

reportable to that program, the Office of the Inspector

General shall initiate an investigation. If the allegation

is not reportable to the Domestic Abuse Program, the Office

of the Inspector General shall make an expeditious referral

to the respective law enforcement entity. If the alleged

victim is already receiving services from the Department,

the Office of the Inspector General shall also make a

referral to the respective Department of Human Services'

Division or Bureau.

(m) Investigative reports. Upon completion of an

investigation, the Office of Inspector General shall issue an

investigative report identifying whether the allegations are

substantiated, unsubstantiated, or unfounded. Within 10

business days after the transmittal of a completed

investigative report substantiating an allegation, 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. 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; 99-143,

eff. 7-27-15; 99-323, eff. 8-7-15; revised 10-19-15.)

(20 ILCS 1305/1-42)

Sec. 1-42. Department Ambassador. Subject to

appropriation, as part of a pilot program, the Department shall

designate one or more officials or employees to serve as

Department Ambassadors Ambassador. Department Ambassadors

shall serve as a liaison between the Department and the public

and shall have the following duties: (i) to inform the public

about services available through the Department, (ii) to assist

the public in accessing those services, (iii) to review the

Department's methods of disseminating information, and (iv) to

recommend and implement more efficient practices of providing

services and information to the public where possible.

(Source: P.A. 98-1065, eff. 8-26-14; revised 10-19-15.)

Section 85. The Burn Victims Relief Act is amended by

changing Section 15 as follows:

(20 ILCS 1410/15)

Sec. 15. Rulemaking. The Department of Insurance may adopt

rules to implement the provisions of this Act. In order to

provide for the expeditious and timely implementation of the

provisions of this Act, emergency rules to implement any

provision of this Act may be adopted by the Department in

accordance with subsection (u) (t) of Section 5-45 of the

Illinois Administrative Procedure Act.

(Source: P.A. 99-455, eff. 1-1-16; revised 10-26-15.)

Section 90. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Section 2105-15 as follows:

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

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

Civil Administrative Code of Illinois, the following powers and

duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

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

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations; provided,

that no school, college, or university, or department of a

university, or other institution that refuses admittance

to applicants solely on account of race, color, creed, sex,

sexual orientation, or national origin shall be considered

reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

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

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard to

licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

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

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

any person who has defaulted on an educational loan or

scholarship provided by or guaranteed by the Illinois

Student Assistance Commission or any governmental agency

of this State; however, the Department may issue a license

or renewal if the aforementioned persons have established a

satisfactory repayment record as determined by the

Illinois Student Assistance Commission or other

appropriate governmental agency of this State.

Additionally, beginning June 1, 1996, any license issued by

the Department may be suspended or revoked if the

Department, after the opportunity for a hearing under the

appropriate licensing Act, finds that the licensee has

failed to make satisfactory repayment to the Illinois

Student Assistance Commission for a delinquent or

defaulted loan. For the purposes of this Section,

"satisfactory repayment record" shall be defined by rule.

The Department shall refuse to issue or renew a license

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

who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified by

a court as being in violation of the Non-Support Punishment

Act for more than 60 days. The Department may, however,

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) or if the person is

determined by the court to be in compliance with the

Non-Support Punishment Act. The Department may implement

this paragraph as added by Public Act 89-6 through the use

of emergency rules in accordance with Section 5-45 of the

Illinois Administrative Procedure Act. For purposes of the

Illinois Administrative Procedure Act, the adoption of

rules to implement this paragraph shall be considered an

emergency and necessary for the public interest, safety,

and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands when

the transfer, acquisition, or acceptance is advantageous

to the State and is approved in writing by the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to the

Illinois Public Aid Code, the Illinois Marriage and

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

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

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act

of 1984, or the Illinois Parentage Act of 2015.

Notwithstanding any provisions in this Code to the

contrary, the Department of Professional Regulation shall

not be liable under any federal or State law to any person

for any disclosure of information to the Department of

Healthcare and Family Services (formerly Illinois

Department of Public Aid) under this paragraph (8) or for

any other action taken in good faith to comply with the

requirements of this paragraph (8).

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving default on an educational

loan or scholarship provided by or guaranteed by the Illinois

Student Assistance Commission or any governmental agency of

this State or in cases involving delinquency in complying with

a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) The Department may, when a fee is payable to the

Department for a wall certificate of registration provided by

the Department of Central Management Services, require that

portion of the payment for printing and distribution costs be

made directly or through the Department to the Department of

Central Management Services for deposit into the Paper and

Printing Revolving Fund. The remainder shall be deposited into

the General Revenue Fund.

(c) For the purpose of securing and preparing evidence, and

for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts appropriated

for that purpose. Those sums may be advanced to the agent when

the Director deems that procedure to be in the public interest.

Sums for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities

and other activities as set forth in this Section shall be

advanced to the agent who is to make the purchase from the

Professional Regulation Evidence Fund on vouchers signed by the

Director. The Director and those agents are authorized to

maintain one or more commercial checking accounts with any

State banking corporation or corporations organized under or

subject to the Illinois Banking Act for the deposit and

withdrawal of moneys to be used for the purposes set forth in

this Section; provided, that no check may be written nor any

withdrawal made from any such account except upon the written

signatures of 2 persons designated by the Director to write

those checks and make those withdrawals. Vouchers for those

expenditures must be signed by the Director. All such

expenditures shall be audited by the Director, and the audit

shall be submitted to the Department of Central Management

Services for approval.

(d) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Department of State Police Law (20 ILCS 2605/2605-400),

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files that is necessary to fulfill the request.

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

business and vocational schools as defined by Section 15 of the

Private Business and Vocational Schools Act of 2012.

(f) (Blank).

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

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

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

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

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirement of any such tax

Act are satisfied; however, the Department may issue a license

or renewal if the person has established a satisfactory

repayment record as determined by the Illinois Department of

Revenue. For the purpose of this Section, "satisfactory

repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

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

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

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

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

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

days. The Department shall provide notice of the suspension to

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

certified and regular mail to the licensee's last known address

as registered with the Department. The notice shall advise the

licensee that the suspension shall be effective 60 days after

the issuance of the Department's order unless the Department

receives, from the licensee, a request for a hearing before the

Department to dispute the matters contained in the order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may promulgate rules for the administration

of this subsection (g).

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

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. For

individuals licensed under the Medical Practice Act of 1987,

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

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

shall not constitute representation of current licensure,

registration, or certification. Any person without an active

license, registration, or certificate in a profession that

requires licensure, registration, or certification shall not

be permitted to practice that profession.

(i) Within 180 days after December 23, 2009 (the effective

date of Public Act 96-852), the Department shall promulgate

rules which permit a person with a criminal record, who seeks a

license or certificate in an occupation for which a criminal

record is not expressly a per se bar, to apply to the

Department for a non-binding, advisory opinion to be provided

by the Board or body with the authority to issue the license or

certificate as to whether his or her criminal record would bar

the individual from the licensure or certification sought,

should the individual meet all other licensure requirements

including, but not limited to, the successful completion of the

relevant examinations.

(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,

eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised

10-16-15.)

Section 95. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by setting forth, renumbering, and changing multiple

versions of Section 2310-685 as follows:

(20 ILCS 2310/2310-685)

Sec. 2310-685. Health care facility; policy to encourage

participation in capital projects.

(a) A health care facility shall develop a policy to

encourage the participation of minority-owned, women-owned,

veteran-owned, and small business enterprises in capital

projects undertaken by the health care facility.

(b) A health care system may develop a system-wide policy

in order to comply with the requirement of subsection (a) of

this Section.

(c) The policy required under this Section must be

developed no later than 6 months after January 1, 2016 (the

effective date of Public Act 99-315) this amendatory Act of the

99th General Assembly.

(d) This Section does not apply to health care facilities

with 100 or fewer beds, health care facilities located in a

county with a total census population of less than 3,000,000,

or health care facilities owned or operated by a unit of local

government or the State or federal government.

(e) For the purpose of this Section, "health care facility"

has the same meaning as set forth in the Illinois Health

Facilities Planning Act.

(Source: P.A. 99-315, eff. 1-1-16; revised 9-28-15.)

(20 ILCS 2310/2310-690)

Sec. 2310-690 2310-685. Cytomegalovirus public education.

(a) In this Section:

"CMV" means cytomegalovirus.

"Health care provider" means any physician, hospital

facility, or other person that is licensed or otherwise

authorized to deliver health care services.

(b) The Department shall develop or approve and publish

informational materials for women who may become pregnant,

expectant parents, and parents of infants regarding:

(1) the incidence of CMV;

(2) the transmission of CMV to pregnant women and women

who may become pregnant;

(3) birth defects caused by congenital CMV;

(4) methods of diagnosing congenital CMV; and

(5) available preventive measures to avoid the

infection of women who are pregnant or may become pregnant.

(c) The Department shall publish the information required

under subsection (b) on its Internet website.

(d) The Department shall publish information to:

(1) educate women who may become pregnant, expectant

parents, and parents of infants about CMV; and

(2) raise awareness of CMV among health care providers

who provide care to expectant mothers or infants.

(e) The Department may solicit and accept the assistance of

any relevant medical associations or community resources,

including faith-based resources, to promote education about

CMV under this Section.

(f) If a newborn infant fails the 2 initial hearing

screenings in the hospital, then the hospital performing that

screening shall provide to the parents of the newborn infant

information regarding: (i) birth defects caused by congenital

CMV; (ii) testing opportunities and options for CMV, including

the opportunity to test for CMV before leaving the hospital;

and (iii) early intervention services. Health care providers

may use the materials developed by the Department for

distribution to parents of newborn infants.

(Source: P.A. 99-424, eff. 1-1-16; revised 9-28-15.)

Section 100. The Disabilities Services Act of 2003 is

amended by changing Section 52 as follows:

(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 or the MC/DD Act, an intermediate

care facility for persons with developmental disabilities

(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. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;

revised 11-3-15.)

Section 105. The Criminal Identification Act is amended by

changing Section 5.2 as follows:

(20 ILCS 2630/5.2)

Sec. 5.2. Expungement and sealing.

(a) General Provisions.

(1) Definitions. In this Act, words and phrases have

the meanings set forth in this subsection, except when a

particular context clearly requires a different meaning.

(A) The following terms shall have the meanings

ascribed to them in the Unified Code of Corrections,

730 ILCS 5/5-1-2 through 5/5-1-22:

(i) Business Offense (730 ILCS 5/5-1-2),

(ii) Charge (730 ILCS 5/5-1-3),

(iii) Court (730 ILCS 5/5-1-6),

(iv) Defendant (730 ILCS 5/5-1-7),

(v) Felony (730 ILCS 5/5-1-9),

(vi) Imprisonment (730 ILCS 5/5-1-10),

(vii) Judgment (730 ILCS 5/5-1-12),

(viii) Misdemeanor (730 ILCS 5/5-1-14),

(ix) Offense (730 ILCS 5/5-1-15),

(x) Parole (730 ILCS 5/5-1-16),

(xi) Petty Offense (730 ILCS 5/5-1-17),

(xii) Probation (730 ILCS 5/5-1-18),

(xiii) Sentence (730 ILCS 5/5-1-19),

(xiv) Supervision (730 ILCS 5/5-1-21), and

(xv) Victim (730 ILCS 5/5-1-22).

(B) As used in this Section, "charge not initiated

by arrest" means a charge (as defined by 730 ILCS

5/5-1-3) brought against a defendant where the

defendant is not arrested prior to or as a direct

result of the charge.

(C) "Conviction" means a judgment of conviction or

sentence entered upon a plea of guilty or upon a

verdict or finding of guilty of an offense, rendered by

a legally constituted jury or by a court of competent

jurisdiction authorized to try the case without a jury.

An order of supervision successfully completed by the

petitioner is not a conviction. An order of qualified

probation (as defined in subsection (a)(1)(J))

successfully completed by the petitioner is not a

conviction. An order of supervision or an order of

qualified probation that is terminated

unsatisfactorily is a conviction, unless the

unsatisfactory termination is reversed, vacated, or

modified and the judgment of conviction, if any, is

reversed or vacated.

(D) "Criminal offense" means a petty offense,

business offense, misdemeanor, felony, or municipal

ordinance violation (as defined in subsection

(a)(1)(H)). As used in this Section, a minor traffic

offense (as defined in subsection (a)(1)(G)) shall not

be considered a criminal offense.

(E) "Expunge" means to physically destroy the

records or return them to the petitioner and to

obliterate the petitioner's name from any official

index or public record, or both. Nothing in this Act

shall require the physical destruction of the circuit

court file, but such records relating to arrests or

charges, or both, ordered expunged shall be impounded

as required by subsections (d)(9)(A)(ii) and

(d)(9)(B)(ii).

(F) As used in this Section, "last sentence" means

the sentence, order of supervision, or order of

qualified probation (as defined by subsection

(a)(1)(J)), for a criminal offense (as defined by

subsection (a)(1)(D)) that terminates last in time in

any jurisdiction, regardless of whether the petitioner

has included the criminal offense for which the

sentence or order of supervision or qualified

probation was imposed in his or her petition. If

multiple sentences, orders of supervision, or orders

of qualified probation terminate on the same day and

are last in time, they shall be collectively considered

the "last sentence" regardless of whether they were

ordered to run concurrently.

(G) "Minor traffic offense" means a petty offense,

business offense, or Class C misdemeanor under the

Illinois Vehicle Code or a similar provision of a

municipal or local ordinance.

(H) "Municipal ordinance violation" means an

offense defined by a municipal or local ordinance that

is criminal in nature and with which the petitioner was

charged or for which the petitioner was arrested and

released without charging.

(I) "Petitioner" means an adult or a minor

prosecuted as an adult who has applied for relief under

this Section.

(J) "Qualified probation" means an order of

probation under Section 10 of the Cannabis Control Act,

Section 410 of the Illinois Controlled Substances Act,

Section 70 of the Methamphetamine Control and

Community Protection Act, Section 5-6-3.3 or 5-6-3.4

of the Unified Code of Corrections, Section

12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as

those provisions existed before their deletion by

Public Act 89-313), Section 10-102 of the Illinois

Alcoholism and Other Drug Dependency Act, Section

40-10 of the Alcoholism and Other Drug Abuse and

Dependency Act, or Section 10 of the Steroid Control

Act. For the purpose of this Section, "successful

completion" of an order of qualified probation under

Section 10-102 of the Illinois Alcoholism and Other

Drug Dependency Act and Section 40-10 of the Alcoholism

and Other Drug Abuse and Dependency Act means that the

probation was terminated satisfactorily and the

judgment of conviction was vacated.

(K) "Seal" means to physically and electronically

maintain the records, unless the records would

otherwise be destroyed due to age, but to make the

records unavailable without a court order, subject to

the exceptions in Sections 12 and 13 of this Act. The

petitioner's name shall also be obliterated from the

official index required to be kept by the circuit court

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

any index issued by the circuit court clerk before the

entry of the order to seal shall not be affected.

(L) "Sexual offense committed against a minor"

includes but is not limited to the offenses of indecent

solicitation of a child or criminal sexual abuse when

the victim of such offense is under 18 years of age.

(M) "Terminate" as it relates to a sentence or

order of supervision or qualified probation includes

either satisfactory or unsatisfactory termination of

the sentence, unless otherwise specified in this

Section.

(2) Minor Traffic Offenses. Orders of supervision or

convictions for minor traffic offenses shall not affect a

petitioner's eligibility to expunge or seal records

pursuant to this Section.

(3) Exclusions. Except as otherwise provided in

subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

of this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

in an order of supervision for or conviction of: (i)

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

subsection (a) of Section 11-503 or a similar provision

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the offender

has no other conviction for violating Section 11-501 or

11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(B) the sealing or expungement of records of minor

traffic offenses (as defined in subsection (a)(1)(G)),

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision or a conviction for the following

offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012

or a similar provision of a local ordinance, except

Section 11-14 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar provision of a

local ordinance;

(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

26-5, or 48-1 of the Criminal Code of 1961 or the

Criminal Code of 2012, or a similar provision of a

local ordinance;

(iii) Sections 12-3.1 or 12-3.2 of the

Criminal Code of 1961 or the Criminal Code of 2012,

or Section 125 of the Stalking No Contact Order

Act, or Section 219 of the Civil No Contact Order

Act, or a similar provision of a local ordinance;

(iv) offenses which are Class A misdemeanors

under the Humane Care for Animals Act; or

(v) any offense or attempted offense that

would subject a person to registration under the

Sex Offender Registration Act.

(D) the sealing of the records of an arrest which

results in the petitioner being charged with a felony

offense or records of a charge not initiated by arrest

for a felony offense unless:

(i) the charge is amended to a misdemeanor and

is otherwise eligible to be sealed pursuant to

subsection (c);

(ii) the charge is brought along with another

charge as a part of one case and the charge results

in acquittal, dismissal, or conviction when the

conviction was reversed or vacated, and another

charge brought in the same case results in a

disposition for a misdemeanor offense that is

eligible to be sealed pursuant to subsection (c) or

a disposition listed in paragraph (i), (iii), or

(iv) of this subsection;

(iii) the charge results in first offender

probation as set forth in subsection (c)(2)(E);

(iv) the charge is for a felony offense listed

in subsection (c)(2)(F) or the charge is amended to

a felony offense listed in subsection (c)(2)(F);

(v) the charge results in acquittal,

dismissal, or the petitioner's release without

conviction; or

(vi) the charge results in a conviction, but

the conviction was reversed or vacated.

(b) Expungement.

(1) A petitioner may petition the circuit court to

expunge the records of his or her arrests and charges not

initiated by arrest when:

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

criminal offense; and

(B) Each arrest or charge not initiated by arrest

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

dismissal, or the petitioner's release without

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

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

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

supervision and such supervision was successfully

completed by the petitioner, unless excluded by

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

qualified probation (as defined in subsection

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

completed by the petitioner.

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

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

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

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

similar provision of a local ordinance, or under

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

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

similar provision of a local ordinance, shall not

be eligible for expungement until 5 years have

passed following the satisfactory termination of

the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

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

the Illinois Vehicle Code or a similar provision of

a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

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

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Department for

persons arrested prior to their 17th birthday shall be

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

Act of 1987.

(4) Whenever a person has been arrested for or

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

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

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

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

court order entered nunc pro tunc by the Chief Judge to

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

all official records of the arresting authority, the

Department, other criminal justice agencies, the

prosecutor, and the trial court concerning such arrest, if

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

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

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

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

records of the circuit court clerk shall be sealed until

further order of the court upon good cause shown and the

name of the aggrieved person obliterated on the official

index required to be kept by the circuit court clerk under

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

not affect any index issued by the circuit court clerk

before the entry of the order. Nothing in this Section

shall limit the Department of State Police or other

criminal justice agencies or prosecutors from listing

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

used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

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

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Department of State Police concerning the offense

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

shall make the records of the circuit court clerk in

connection with the proceedings of the trial court

concerning the offense available for public inspection.

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

or on collateral attack and the court determines by clear

and convincing evidence that the petitioner was factually

innocent of the charge, the court that finds the petitioner

factually innocent of the charge shall enter an expungement

order for the conviction for which the petitioner has been

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

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

(7) Nothing in this Section shall prevent the

Department of State Police from maintaining all records of

any person who is admitted to probation upon terms and

conditions and who fulfills those terms and conditions

pursuant to Section 10 of the Cannabis Control Act, Section

410 of the Illinois Controlled Substances Act, Section 70

of the Methamphetamine Control and Community Protection

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

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

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

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

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

the Alcoholism and Other Drug Abuse and Dependency Act, or

Section 10 of the Steroid Control Act.

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

innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of

innocence shall also enter an order expunging the

conviction for which the petitioner has been determined to

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

of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

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

to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and of

minors prosecuted as adults.

(2) Eligible Records. The following records may be

sealed:

(A) All arrests resulting in release without

charging;

(B) Arrests or charges not initiated by arrest

resulting in acquittal, dismissal, or conviction when

the conviction was reversed or vacated, except as

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

(C) Arrests or charges not initiated by arrest

resulting in orders of supervision, including orders

of supervision for municipal ordinance violations,

successfully completed by the petitioner, unless

excluded by subsection (a)(3);

(D) Arrests or charges not initiated by arrest

resulting in convictions, including convictions on

municipal ordinance violations, unless excluded by

subsection (a)(3);

(E) Arrests or charges not initiated by arrest

resulting in orders of first offender probation under

Section 10 of the Cannabis Control Act, Section 410 of

the Illinois Controlled Substances Act, Section 70 of

the Methamphetamine Control and Community Protection

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

Corrections; and

(F) Arrests or charges not initiated by arrest

resulting in felony convictions for the following

offenses:

(i) Class 4 felony convictions for:

Prostitution under Section 11-14 of the

Criminal Code of 1961 or the Criminal Code of

2012.

Possession of cannabis under Section 4 of

the Cannabis Control Act.

Possession of a controlled substance under

Section 402 of the Illinois Controlled

Substances Act.

Offenses under the Methamphetamine

Precursor Control Act.

Offenses under the Steroid Control Act.

Theft under Section 16-1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Retail theft under Section 16A-3 or

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

1961 or the Criminal Code of 2012.

Deceptive practices under Section 17-1 of

the Criminal Code of 1961 or the Criminal Code

of 2012.

Forgery under Section 17-3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Possession of burglary tools under Section

19-2 of the Criminal Code of 1961 or the

Criminal Code of 2012.

(ii) Class 3 felony convictions for:

Theft under Section 16-1 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Retail theft under Section 16A-3 or

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

1961 or the Criminal Code of 2012.

Deceptive practices under Section 17-1 of

the Criminal Code of 1961 or the Criminal Code

of 2012.

Forgery under Section 17-3 of the Criminal

Code of 1961 or the Criminal Code of 2012.

Possession with intent to manufacture or

deliver a controlled substance under Section

401 of the Illinois Controlled Substances Act.

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

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

sealed as follows:

(A) Records identified as eligible under

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

time.

(B) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as

eligible under subsection (c)(2)(C) may be sealed 2

years after the termination of petitioner's last

sentence (as defined in subsection (a)(1)(F)).

(C) Except as otherwise provided in subparagraph

(E) of this paragraph (3), records identified as

eligible under subsections (c)(2)(D), (c)(2)(E), and

(c)(2)(F) may be sealed 3 years after the termination

of the petitioner's last sentence (as defined in

subsection (a)(1)(F)).

(D) Records identified in subsection

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

reached the age of 25 years.

(E) Records identified as eligible under

subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or

(c)(2)(F) may be sealed upon termination of the

petitioner's last sentence if the petitioner earned a

high school diploma, associate's degree, career

certificate, vocational technical certification, or

bachelor's degree, or passed the high school level Test

of General Educational Development, during the period

of his or her sentence, aftercare release, or mandatory

supervised release. This subparagraph shall apply only

to a petitioner who has not completed the same

educational goal prior to the period of his or her

sentence, aftercare release, or mandatory supervised

release. If a petition for sealing eligible records

filed under this subparagraph is denied by the court,

the time periods under subparagraph (B) or (C) shall

apply to any subsequent petition for sealing filed by

the petitioner.

(4) Subsequent felony convictions. A person may not

have subsequent felony conviction records sealed as

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

of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection

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

offense, order the unsealing of prior felony conviction

records previously ordered sealed by the court.

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

disposition for an eligible record under this subsection

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

right to have the records sealed and the procedures for the

sealing of the records.

(d) Procedure. The following procedures apply to

expungement under subsections (b), (e), and (e-6) and sealing

under subsections (c) and (e-5):

(1) Filing the petition. Upon becoming eligible to

petition for the expungement or sealing of records under

this Section, the petitioner shall file a petition

requesting the expungement or sealing of records with the

clerk of the court where the arrests occurred or the

charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition

must be filed in each such jurisdiction. The petitioner

shall pay the applicable fee, if not waived.

(2) Contents of petition. The petition shall be

verified and shall contain the petitioner's name, date of

birth, current address and, for each arrest or charge not

initiated by arrest sought to be sealed or expunged, the

case number, the date of arrest (if any), the identity of

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

clerk of any change of his or her address. If the

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph (10)

of subsection (a) of Section 3-3-2 of the Unified Code of

Corrections, the certificate shall be attached to the

petition.

(3) Drug test. The petitioner must attach to the

petition proof that the petitioner has passed a test taken

within 30 days before the filing of the petition showing

the absence within his or her body of all illegal

substances as defined by the Illinois Controlled

Substances Act, the Methamphetamine Control and Community

Protection Act, and the Cannabis Control Act if he or she

is petitioning to:

(A) seal felony records under clause (c)(2)(E);

(B) seal felony records for a violation of the

Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

or the Cannabis Control Act under clause (c)(2)(F);

(C) seal felony records under subsection (e-5); or

(D) expunge felony records of a qualified

probation under clause (b)(1)(B)(iv).

(4) Service of petition. The circuit court clerk shall

promptly serve a copy of the petition and documentation to

support the petition under subsection (e-5) or (e-6) on the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, the Department of State Police,

the arresting agency and the chief legal officer of the

unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the basis

of the objection. Whenever a person who has been

convicted of an offense is granted a pardon by the

Governor which specifically authorizes expungement, an

objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal

must be filed within 60 days of the date of service of

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

than 3,000,000 inhabitants, the presiding trial judge

at the petitioner's trial, if any, shall rule on the

petition to expunge or seal as set forth in this

subsection (d)(6).

(B) Unless the State's Attorney or prosecutor, the

Department of State Police, the arresting agency, or

the chief legal officer files an objection to the

petition to expunge or seal within 60 days from the

date of service of the petition, the court shall enter

an order granting or denying the petition.

(7) Hearings. If an objection is filed, the court shall

set a date for a hearing and notify the petitioner and all

parties entitled to notice of the petition of the hearing

date at least 30 days prior to the hearing. Prior to the

hearing, the State's Attorney shall consult with the

Department as to the appropriateness of the relief sought

in the petition to expunge or seal. At the hearing, the

court shall hear evidence on whether the petition should or

should not be granted, and shall grant or deny the petition

to expunge or seal the records based on the evidence

presented at the hearing. The court may consider the

following:

(A) the strength of the evidence supporting the

defendant's conviction;

(B) the reasons for retention of the conviction

records by the State;

(C) the petitioner's age, criminal record history,

and employment history;

(D) the period of time between the petitioner's

arrest on the charge resulting in the conviction and

the filing of the petition under this Section; and

(E) the specific adverse consequences the

petitioner may be subject to if the petition is denied.

(8) Service of order. After entering an order to

expunge or seal records, the court must provide copies of

the order to the Department, in a form and manner

prescribed by the Department, to the petitioner, to the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, to the arresting agency, to the

chief legal officer of the unit of local government

effecting the arrest, and to such other criminal justice

agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records

pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:

(i) the records shall be expunged (as defined

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

the Department, and any other agency as ordered by

the court, within 60 days of the date of service of

the order, unless a motion to vacate, modify, or

reconsider the order is filed pursuant to

paragraph (12) of subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Department, or the agency

receiving such inquiry, shall reply as it does in

response to inquiries when no records ever

existed.

(B) Upon entry of an order to expunge records

pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

pursuant to paragraph (12) of subsection (d) of

this Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

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

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever

existed.

(B-5) Upon entry of an order to expunge records

under subsection (e-6):

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

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

Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

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

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for these records

from anyone not authorized by law to access the

records, the court, the Department, or the agency

receiving the inquiry shall reply as it does in

response to inquiries when no records ever

existed.

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

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

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

shall seal the records (as defined in subsection

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

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever existed.

(D) The Department shall send written notice to the

petitioner of its compliance with each order to expunge

or seal records within 60 days of the date of service

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

reconsider is filed, within 60 days of service of the

order resolving the motion, if that order requires the

Department to expunge or seal records. In the event of

an appeal from the circuit court order, the Department

shall send written notice to the petitioner of its

compliance with an Appellate Court or Supreme Court

judgment to expunge or seal records within 60 days of

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

required while any motion to vacate, modify, or

reconsider, or any appeal or petition for

discretionary appellate review, is pending.

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

fee equivalent to the cost of processing any order to

expunge or seal records. Notwithstanding any provision of

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

clerk may charge a fee equivalent to the cost associated

with the sealing or expungement of records by the circuit

court clerk. From the total filing fee collected for the

petition to seal or expunge, the circuit court clerk shall

deposit $10 into the Circuit Court Clerk Operation and

Administrative Fund, to be used to offset the costs

incurred by the circuit court clerk in performing the

additional duties required to serve the petition to seal or

expunge on all parties. The circuit court clerk shall

collect and forward the Department of State Police portion

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

the State Police Services Fund.

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

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

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

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

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

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

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

reconsider shall comply with subsection (c) of Section

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

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

motion shall be served upon the petitioner and all parties

entitled to notice of the petition.

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

under the expungement or sealing provisions of this Section

shall not be considered void because it fails to comply

with the provisions of this Section or because of any error

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

circuit court retains jurisdiction to determine whether

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

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

this subsection (d).

(14) Compliance with Order Granting Petition to Seal

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

granting a petition to seal, all parties entitled to notice

of the petition must fully comply with the terms of the

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

party is seeking relief from the order through a motion

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

appealing the order.

(15) Compliance with Order Granting Petition to

Expunge Records. While a party is seeking relief from the

order granting the petition to expunge through a motion

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

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

of that order, the parties entitled to notice of the

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

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

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

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

Act 98-163 apply to all petitions pending on August 5, 2013

(the effective date of Public Act 98-163) and to all orders

ruling on a petition to expunge or seal on or after August

5, 2013 (the effective date of Public Act 98-163).

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

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

to the Chief Judge of the circuit where the person had been

convicted, any judge of the circuit designated by the Chief

Judge, or in counties of less than 3,000,000 inhabitants, the

presiding trial judge at the defendant's trial, have a court

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been pardoned but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Department may be disseminated by the Department only to the

arresting authority, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

to that individual. Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to

the person who was pardoned.

(e-5) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

sealing, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Department be sealed until further

order of the court upon good cause shown or as otherwise

provided herein, and the name of the petitioner obliterated

from the official index requested to be kept by the circuit

court clerk under Section 16 of the Clerks of Courts Act in

connection with the arrest and conviction for the offense for

which he or she had been granted the certificate but the order

shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the

Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law

enforcement agency, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

to that individual. Upon entry of the order of sealing, the

circuit court clerk shall promptly mail a copy of the order to

the person who was granted the certificate of eligibility for

sealing.

(e-6) Whenever a person who has been convicted of an

offense is granted a certificate of eligibility for expungement

by the Prisoner Review Board which specifically authorizes

expungement, he or she may, upon verified petition to the Chief

Judge of the circuit where the person had been convicted, any

judge of the circuit designated by the Chief Judge, or in

counties of less than 3,000,000 inhabitants, the presiding

trial judge at the petitioner's trial, have a court order

entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been granted the certificate

but the order shall not affect any index issued by the circuit

court clerk before the entry of the order. All records sealed

by the Department may be disseminated by the Department only as

required by this Act or to the arresting authority, a law

enforcement agency, the State's Attorney, and the court upon a

later arrest for the same or similar offense or for the purpose

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all expunged records of the Department

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a copy

of the order to the person who was granted the certificate of

eligibility for expungement.

(f) Subject to available funding, the Illinois Department

of Corrections shall conduct a study of the impact of sealing,

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

criminal records under Public Act 93-211. At the request of the

Illinois Department of Corrections, records of the Illinois

Department of Employment Security shall be utilized as

appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,

eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,

eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;

98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16;

99-385, eff. 1-1-16; revised 10-15-15.)

Section 110. The Department of Transportation Law of the

Civil Administrative Code of Illinois is amended by changing

Sections 2705-565 and 2705-605 as follows:

(20 ILCS 2705/2705-565)

Sec. 2705-565. North Chicago property; study; conveyance.

(a) The Department shall perform a study of property owned

by the Department consisting of approximately 160 acres located

in North Chicago, south of IL Route 137, between IL Route 43

and US Route 41. The study shall include, but not be limited

to, a survey of the property for the purpose of delineating

jurisdictional wetlands in accordance with the Interagency

Wetland Policy Act of 1989 and identifying threatened and

endangered species in accordance with the Illinois Endangered

Species Protection Act, for the purpose of identifying property

no longer needed for highway purposes.

(b) Upon completion of the study and for a period ending 3

years after the effective date of this amendatory Act of the

94th General Assembly, the City of North Chicago shall have an

exclusive option to purchase for public purposes those portions

of the property no longer needed for highway purposes for a

consideration, which may be de minimis minimus, negotiated by

the parties. The Department of Transportation is authorized to

convey the excess property to the City of North Chicago

pursuant to this Section within 3 years after the effective

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

may not otherwise convey or transfer the property during that

period.

(c) Any conveyance to the City of North Chicago under this

Section shall provide (i) that title to the property reverts to

the State of Illinois if the property ceases to be used for

public purposes and (ii) the City of North Chicago may lease

the property but may not convey its ownership of the property

to any party, other than the State of Illinois.

(Source: P.A. 94-1045, eff. 7-24-06; revised 10-19-15.)

(20 ILCS 2705/2705-605)

Sec. 2705-605. Construction projects; notification of the

public.

(a) The Department shall develop and publish a policy for

the notification of members of the public prior to the

commencement of construction projects which impact their

communities. The policy shall include procedures for ensuring

that the public is informed of construction projects, excluding

emergency projects, which are estimated to require the closure

of a street or lane of traffic for a period longer than 5

consecutive business days. The policy shall include procedures

for the notification of local public officials and affected

businesses of affected communities and shall provide the local

public officials the opportunity to request a meeting with the

Department prior to the initiation of the closure.

(b) The policy shall be completed and published on the

Department's Internet website by January 1, 2013.

(c) The Department shall work with affected stakeholders,

including residents, businesses, and other community members,

before and during construction by considering various methods

to mitigate and reduce project impacts to better serve those

directly impacted by the improvement. Those methods could

include, but need not be limited to, detour routing and

temporary signage.

(Source: P.A. 97-992, eff. 1-1-13; 98-412, eff. 1-1-14; revised

10-19-15.)

Section 115. The Department of Veterans Affairs Act is

amended by changing Section 2.01 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 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 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 paragraph (1) of subsection (b) 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.

(g) A veteran or spouse, once admitted to an Illinois

Veterans Home facility, is considered a resident for

interfacility purposes.

(Source: P.A. 99-143, eff. 7-27-15; 99-314, eff. 8-7-15;

revised 10-19-15.)

Section 120. The Historic Preservation Agency Act is

amended by changing Section 16 as follows:

(20 ILCS 3405/16) (from Ch. 127, par. 2716)

Sec. 16. The Historic Sites and Preservation Division of

the Agency shall have the following additional powers:

(a) To hire agents and employees necessary to carry out the

duties and purposes of the Historic Sites and Preservation

Division of the Agency.

(b) To take all measures necessary to erect, maintain,

preserve, restore, and conserve all State Historic Sites and

State Memorials, except when supervision and maintenance is

otherwise provided by law. This authorization includes the

power, with the consent of the Board, to enter into contracts,

acquire and dispose of real and personal property, and enter

into leases of real and personal property. The Agency has the

power to acquire, for purposes authorized by law, any real

property in fee simple subject to a life estate in the seller

in not more than 3 acres of the real property acquired, subject

to the restrictions that the life estate shall be used for

residential purposes only and that it shall be

non-transferable.

(c) To provide recreational facilities, including

campsites camp sites, lodges and cabins, trails, picnic areas,

and related recreational facilities, at all sites under the

jurisdiction of the Agency.

(d) To lay out, construct, and maintain all needful roads,

parking areas, paths or trails, bridges, camp or lodge sites,

picnic areas, lodges and cabins, and any other structures and

improvements necessary and appropriate in any State historic

site or easement thereto; and to provide water supplies, heat

and light, and sanitary facilities for the public and living

quarters for the custodians and keepers of State historic

sites.

(e) To grant licenses and rights-of-way within the areas

controlled by the Historic Sites and Preservation Division of

the Agency for the construction, operation, and maintenance

upon, under or across the property, of facilities for water,

sewage, telephone, telegraph, electric, gas, or other public

service, subject to the terms and conditions as may be

determined by the Agency.

(f) To authorize the officers, employees, and agents of the

Historic Sites and Preservation Division of the Agency, for the

purposes of investigation and to exercise the rights, powers,

and duties vested and that may be vested in it, to enter and

cross all lands and waters in this State, doing no damage to

private property.

(g) To transfer jurisdiction of or exchange any realty

under the control of the Historic Sites and Preservation

Division of the Agency to any other Department of the State

Government, or to any agency of the Federal Government, or to

acquire or accept Federal lands, when any transfer, exchange,

acquisition, or acceptance is advantageous to the State and is

approved in writing by the Governor.

(h) To erect, supervise, and maintain all public monuments

and memorials erected by the State, except when the supervision

and maintenance of public monuments and memorials is otherwise

provided by law.

(i) To accept, hold, maintain, and administer, as trustee,

property given in trust for educational or historic purposes

for the benefit of the People of the State of Illinois and to

dispose, with the consent of the Board, of any property under

the terms of the instrument creating the trust.

(j) To lease concessions on any property under the

jurisdiction of the Agency for a period not exceeding 25 years

and to lease a concession complex at Lincoln's New Salem State

Historic Site for which a cash incentive has been authorized

under Section 5.1 of the Historic Preservation Agency Act for a

period not to exceed 40 years. All leases, for whatever period,

shall be made subject to the written approval of the Governor.

All concession leases extending for a period in excess of 10

years, will contain provisions for the Agency to participate,

on a percentage basis, in the revenues generated by any

concession operation.

The Agency is authorized to allow for provisions for a

reserve account and a leasehold account within Agency

concession lease agreements for the purpose of setting aside

revenues for the maintenance, rehabilitation, repair,

improvement, and replacement of the concession facility,

structure, and equipment of the Agency that are part of the

leased premises.

The lessee shall be required to pay into the reserve

account a percentage of gross receipts, as set forth in the

lease, to be set aside and expended in a manner acceptable to

the Agency by the concession lessee for the purpose of ensuring

that an appropriate amount of the lessee's moneys are provided

by the lessee to satisfy the lessee's incurred responsibilities

for the operation of the concession facility under the terms

and conditions of the concession lease.

The lessee account shall allow for the amortization of

certain authorized expenses that are incurred by the concession

lessee but that are not an obligation of the lessee under the

terms and conditions of the lease agreement. The Agency may

allow a reduction of up to 50% of the monthly rent due for the

purpose of enabling the recoupment of the lessee's authorized

expenditures during the term of the lease.

(k) To sell surplus agricultural products grown on land

owned by or under the jurisdiction of the Historic Sites and

Preservation Division of the Agency, when the products cannot

be used by the Agency.

(l) To enforce the laws of the State and the rules and

regulations of the Agency in or on any lands owned, leased, or

managed by the Historic Sites and Preservation Division of the

Agency.

(m) To cooperate with private organizations and agencies of

the State of Illinois by providing areas and the use of staff

personnel where feasible for the sale of publications on the

historic and cultural heritage of the State and craft items

made by Illinois craftsmen. These sales shall not conflict with

existing concession agreements. The Historic Sites and

Preservation Division of the Agency is authorized to negotiate

with the organizations and agencies for a portion of the monies

received from sales to be returned to the Historic Sites and

Preservation Division of the Agency's Historic Sites Fund for

the furtherance of interpretive and restoration programs.

(n) To establish local bank or savings and loan association

accounts, upon the written authorization of the Director, to

temporarily hold income received at any of its properties. The

local accounts established under this Section shall be in the

name of the Historic Preservation Agency and shall be subject

to regular audits. The balance in a local bank or savings and

loan association account shall be forwarded to the Agency for

deposit with the State Treasurer on Monday of each week if the

amount to be deposited in a fund exceeds $500.

No bank or savings and loan association shall receive

public funds as permitted by this Section, unless it has

complied with the requirements established under Section 6 of

the Public Funds Investment Act.

(o) To accept, with the consent of the Board, offers of

gifts, gratuities, or grants from the federal government, its

agencies, or offices, or from any person, firm, or corporation.

(p) To make reasonable rules and regulations as may be

necessary to discharge the duties of the Agency.

(q) With appropriate cultural organizations, to further

and advance the goals of the Agency.

(r) To make grants for the purposes of planning, survey,

rehabilitation, restoration, reconstruction, landscaping, and

acquisition of Illinois properties (i) designated individually

in the National Register of Historic Places, (ii) designated as

a landmark under a county or municipal landmark ordinance, or

(iii) located within a National Register of Historic Places

historic district or a locally designated historic district

when the Director determines that the property is of historic

significance whenever an appropriation is made therefor by the

General Assembly or whenever gifts or grants are received for

that purpose and to promulgate regulations as may be necessary

or desirable to carry out the purposes of the grants.

Grantees may, as prescribed by rule, be required to provide

matching funds for each grant. Grants made under this

subsection shall be known as Illinois Heritage Grants.

Every owner of a historic property, or the owner's agent,

is eligible to apply for a grant under this subsection.

(s) To establish and implement a pilot program for charging

admission to State historic sites. Fees may be charged for

special events, admissions, and parking or any combination;

fees may be charged at all sites or selected sites. All fees

shall be deposited into the Illinois Historic Sites Fund. The

Historic Sites and Preservation Division of the Agency shall

have the discretion to set and adjust reasonable fees at the

various sites, taking into consideration various factors,

including, but not limited to: cost of services furnished to

each visitor, impact of fees on attendance and tourism, and the

costs expended collecting the fees. The Agency shall keep

careful records of the income and expenses resulting from the

imposition of fees, shall keep records as to the attendance at

each historic site, and shall report to the Governor and

General Assembly by January 31 after the close of each year.

The report shall include information on costs, expenses,

attendance, comments by visitors, and any other information the

Agency may believe pertinent, including:

(1) Recommendations as to whether fees should be

continued at each State historic site.

(2) How the fees should be structured and imposed.

(3) Estimates of revenues and expenses associated with

each site.

(t) To provide for overnight tent and trailer campsites and

to provide suitable housing facilities for student and juvenile

overnight camping groups. The Historic Sites and Preservation

Division of the Agency shall charge rates similar to those

charged by the Department of Conservation for the same or

similar facilities and services.

(u) To engage in marketing activities designed to promote

the sites and programs administered by the Agency. In

undertaking these activities, the Agency may take all necessary

steps with respect to products and services, including, but not

limited to, retail sales, wholesale sales, direct marketing,

mail order sales, telephone sales, advertising and promotion,

purchase of product and materials inventory, design, printing

and manufacturing of new products, reproductions, and

adaptations, copyright and trademark licensing and royalty

agreements, and payment of applicable taxes. In addition, the

Agency shall have the authority to sell advertising in its

publications and printed materials. All income from marketing

activities shall be deposited into the Illinois Historic Sites

Fund.

(Source: P.A. 95-140, eff. 1-1-08; revised 10-14-15.)

Section 125. The Illinois Health Information Exchange and

Technology Act is amended by changing Section 20 as follows:

(20 ILCS 3860/20)

(Section scheduled to be repealed on January 1, 2021)

Sec. 20. Powers and duties of the Illinois Health

Information Exchange Authority. The Authority has the

following powers, together with all powers incidental or

necessary to accomplish the purposes of this Act:

(1) The Authority shall create and administer the ILHIE

using information systems and processes that are secure,

are cost effective, and meet all other relevant privacy and

security requirements under State and federal law.

(2) The Authority shall establish and adopt standards

and requirements for the use of health information and the

requirements for participation in the ILHIE by persons or

entities including, but not limited to, health care

providers, payors, and local health information exchanges.

(3) The Authority shall establish minimum standards

for accessing the ILHIE to ensure that the appropriate

security and privacy protections apply to health

information, consistent with applicable federal and State

standards and laws. The Authority shall have the power to

suspend, limit, or terminate the right to participate in

the ILHIE for non-compliance or failure to act, with

respect to applicable standards and laws, in the best

interests of patients, users of the ILHIE, or the public.

The Authority may seek all remedies allowed by law to

address any violation of the terms of participation in the

ILHIE.

(4) The Authority shall identify barriers to the

adoption of electronic health records systems, including

researching the rates and patterns of dissemination and use

of electronic health record systems throughout the State.

The Authority shall make the results of the research

available on its website.

(5) The Authority shall prepare educational materials

and educate the general public on the benefits of

electronic health records, the ILHIE, and the safeguards

available to prevent unauthorized disclosure of health

information.

(6) The Authority may appoint or designate an

institutional review board in accordance with federal and

State law to review and approve requests for research in

order to ensure compliance with standards and patient

privacy and security protections as specified in paragraph

(3) of this Section.

(7) The Authority may enter into all contracts and

agreements necessary or incidental to the performance of

its powers under this Act. The Authority's expenditures of

private funds are exempt from the Illinois Procurement

Code, pursuant to Section 1-10 of that Act. Notwithstanding

this exception, the Authority shall comply with the

Business Enterprise for Minorities, Females, and Persons

with Disabilities Act.

(8) The Authority may solicit and accept grants, loans,

contributions, or appropriations from any public or

private source and may expend those moneys, through

contracts, grants, loans, or agreements, on activities it

considers suitable to the performance of its duties under

this Act.

(9) The Authority may determine, charge, and collect

any fees, charges, costs, and expenses from any healthcare

provider or entity in connection with its duties under this

Act. Moneys collected under this paragraph (9) shall be

deposited into the Health Information Exchange Fund.

(10) The Authority may, under the direction of the

Executive Director, employ and discharge staff, including

administrative, technical, expert, professional, and legal

staff, as is necessary or convenient to carry out the

purposes of this Act. The Authority may establish and

administer standards of classification regarding

compensation, benefits, duties, performance, and tenure

for that staff and may enter into contracts of employment

with members of that staff for such periods and on such

terms as the Authority deems desirable. All employees of

the Authority are exempt from the Personnel Code as

provided by Section 4 of the Personnel Code.

(11) The Authority shall consult and coordinate with

the Department of Public Health to further the Authority's

collection of health information from health care

providers for public health purposes. The collection of

public health information shall include identifiable

information for use by the Authority or other State

agencies to comply with State and federal laws. Any

identifiable information so collected shall be privileged

and confidential in accordance with Sections 8-2101,

8-2102, 8-2103, 8-2104, and 8-2105 of the Code of Civil

Procedure.

(12) All identified or deidentified health information

in the form of health data or medical records contained in,

stored in, submitted to, transferred by, or released from

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange, shall be

exempt from inspection and copying under the Freedom of

Information Act. The terms "identified" and "deidentified"

shall be given the same meaning as in the Health Insurance

Portability and Accountability and Portability Act of

1996, Public Law 104-191, or any subsequent amendments

thereto, and any regulations promulgated thereunder.

(13) To address gaps in the adoption of, workforce

preparation for, and exchange of electronic health records

that result in regional and socioeconomic disparities in

the delivery of care, the Authority may evaluate such gaps

and provide resources as available, giving priority to

healthcare providers serving a significant percentage of

Medicaid or uninsured patients and in medically

underserved or rural areas.

(Source: P.A. 96-1331, eff. 7-27-10; revised 10-13-15.)

Section 130. The Illinois Health Facilities Planning Act is

amended by changing Sections 12 and 14.1 as follows:

(20 ILCS 3960/12) (from Ch. 111 1/2, par. 1162)

(Section scheduled to be repealed on December 31, 2019)

Sec. 12. Powers and duties of State Board. For purposes of

this Act, the State Board shall exercise the following powers

and duties:

(1) Prescribe rules, regulations, standards, criteria,

procedures or reviews which may vary according to the purpose

for which a particular review is being conducted or the type of

project reviewed and which are required to carry out the

provisions and purposes of this Act. Policies and procedures of

the State Board shall take into consideration the priorities

and needs of medically underserved areas and other health care

services identified through the comprehensive health planning

process, giving special consideration to the impact of projects

on access to safety net services.

(2) Adopt procedures for public notice and hearing on all

proposed rules, regulations, standards, criteria, and plans

required to carry out the provisions of this Act.

(3) (Blank).

(4) Develop criteria and standards for health care

facilities planning, conduct statewide inventories of health

care facilities, maintain an updated inventory on the Board's

web site reflecting the most recent bed and service changes and

updated need determinations when new census data become

available or new need formulae are adopted, and develop health

care facility plans which shall be utilized in the review of

applications for permit under this Act. Such health facility

plans shall be coordinated by the Board with pertinent State

Plans. Inventories pursuant to this Section of skilled or

intermediate care facilities licensed under the Nursing Home

Care Act, skilled or intermediate care facilities licensed

under the ID/DD Community Care Act, skilled or intermediate

care facilities licensed under the MC/DD Act, facilities

licensed under the Specialized Mental Health Rehabilitation

Act of 2013, or nursing homes licensed under the Hospital

Licensing Act shall be conducted on an annual basis no later

than July 1 of each year and shall include among the

information requested a list of all services provided by a

facility to its residents and to the community at large and

differentiate between active and inactive beds.

In developing health care facility plans, the State Board

shall consider, but shall not be limited to, the following:

(a) The size, composition and growth of the population

of the area to be served;

(b) The number of existing and planned facilities

offering similar programs;

(c) The extent of utilization of existing facilities;

(d) The availability of facilities which may serve as

alternatives or substitutes;

(e) The availability of personnel necessary to the

operation of the facility;

(f) Multi-institutional planning and the establishment

of multi-institutional systems where feasible;

(g) The financial and economic feasibility of proposed

construction or modification; and

(h) In the case of health care facilities established

by a religious body or denomination, the needs of the

members of such religious body or denomination may be

considered to be public need.

The health care facility plans which are developed and

adopted in accordance with this Section shall form the basis

for the plan of the State to deal most effectively with

statewide health needs in regard to health care facilities.

(5) Coordinate with the Center for Comprehensive Health

Planning and other state agencies having responsibilities

affecting health care facilities, including those of licensure

and cost reporting. Beginning no later than January 1, 2013,

the Department of Public Health shall produce a written annual

report to the Governor and the General Assembly regarding the

development of the Center for Comprehensive Health Planning.

The Chairman of the State Board and the State Board

Administrator shall also receive a copy of the annual report.

(6) Solicit, accept, hold and administer on behalf of the

State any grants or bequests of money, securities or property

for use by the State Board or Center for Comprehensive Health

Planning in the administration of this Act; and enter into

contracts consistent with the appropriations for purposes

enumerated in this Act.

(7) The State Board shall prescribe procedures for review,

standards, and criteria which shall be utilized to make

periodic reviews and determinations of the appropriateness of

any existing health services being rendered by health care

facilities subject to the Act. The State Board shall consider

recommendations of the Board in making its determinations.

(8) Prescribe, in consultation with the Center for

Comprehensive Health Planning, rules, regulations, standards,

and criteria for the conduct of an expeditious review of

applications for permits for projects of construction or

modification of a health care facility, which projects are

classified as emergency, substantive, or non-substantive in

nature.

Six months after June 30, 2009 (the effective date of

Public Act 96-31), substantive projects shall include no more

than the following:

(a) Projects to construct (1) a new or replacement

facility located on a new site or (2) a replacement

facility located on the same site as the original facility

and the cost of the replacement facility exceeds the

capital expenditure minimum, which shall be reviewed by the

Board within 120 days;

(b) Projects proposing a (1) new service within an

existing healthcare facility or (2) discontinuation of a

service within an existing healthcare facility, which

shall be reviewed by the Board within 60 days; or

(c) Projects proposing a change in the bed capacity of

a health care facility by an increase in the total number

of beds or by a redistribution of beds among various

categories of service or by a relocation of beds from one

physical facility or site to another by more than 20 beds

or more than 10% of total bed capacity, as defined by the

State Board, whichever is less, over a 2-year period.

The Chairman may approve applications for exemption that

meet the criteria set forth in rules or refer them to the full

Board. The Chairman may approve any unopposed application that

meets all of the review criteria or refer them to the full

Board.

Such rules shall not abridge the right of the Center for

Comprehensive Health Planning to make recommendations on the

classification and approval of projects, nor shall such rules

prevent the conduct of a public hearing upon the timely request

of an interested party. Such reviews shall not exceed 60 days

from the date the application is declared to be complete.

(9) Prescribe rules, regulations, standards, and criteria

pertaining to the granting of permits for construction and

modifications which are emergent in nature and must be

undertaken immediately to prevent or correct structural

deficiencies or hazardous conditions that may harm or injure

persons using the facility, as defined in the rules and

regulations of the State Board. This procedure is exempt from

public hearing requirements of this Act.

(10) Prescribe rules, regulations, standards and criteria

for the conduct of an expeditious review, not exceeding 60

days, of applications for permits for projects to construct or

modify health care facilities which are needed for the care and

treatment of persons who have acquired immunodeficiency

syndrome (AIDS) or related conditions.

(10.5) Provide its rationale when voting on an item before

it at a State Board meeting in order to comply with subsection

(b) of Section 3-108 of the Code of Civil Procedure.

(11) Issue written decisions upon request of the applicant

or an adversely affected party to the Board. Requests for a

written decision shall be made within 15 days after the Board

meeting in which a final decision has been made. A "final

decision" for purposes of this Act is the decision to approve

or deny an application, or take other actions permitted under

this Act, at the time and date of the meeting that such action

is scheduled by the Board. The transcript of the State Board

meeting shall be incorporated into the Board's final decision.

The staff of the Board shall prepare a written copy of the

final decision and the Board shall approve a final copy for

inclusion in the formal record. The Board shall consider, for

approval, the written draft of the final decision no later than

the next scheduled Board meeting. The written decision shall

identify the applicable criteria and factors listed in this Act

and the Board's regulations that were taken into consideration

by the Board when coming to a final decision. If the Board

denies or fails to approve an application for permit or

exemption, the Board shall include in the final decision a

detailed explanation as to why the application was denied and

identify what specific criteria or standards the applicant did

not fulfill.

(12) Require at least one of its members to participate in

any public hearing, after the appointment of a majority of the

members to the Board.

(13) Provide a mechanism for the public to comment on, and

request changes to, draft rules and standards.

(14) Implement public information campaigns to regularly

inform the general public about the opportunity for public

hearings and public hearing procedures.

(15) Establish a separate set of rules and guidelines for

long-term care that recognizes that nursing homes are a

different business line and service model from other regulated

facilities. An open and transparent process shall be developed

that considers the following: how skilled nursing fits in the

continuum of care with other care providers, modernization of

nursing homes, establishment of more private rooms,

development of alternative services, and current trends in

long-term care services. The Chairman of the Board shall

appoint a permanent Health Services Review Board Long-term Care

Facility Advisory Subcommittee that shall develop and

recommend to the Board the rules to be established by the Board

under this paragraph (15). The Subcommittee shall also provide

continuous review and commentary on policies and procedures

relative to long-term care and the review of related projects.

The Subcommittee shall make recommendations to the Board no

later than January 1, 2016 and every January thereafter

pursuant to the Subcommittee's responsibility for the

continuous review and commentary on policies and procedures

relative to long-term care. In consultation with other experts

from the health field of long-term care, the Board and the

Subcommittee shall study new approaches to the current bed need

formula and Health Service Area boundaries to encourage

flexibility and innovation in design models reflective of the

changing long-term care marketplace and consumer preferences

and submit its recommendations to the Chairman of the Board no

later than January 1, 2017. The Subcommittee shall evaluate,

and make recommendations to the State Board regarding, the

buying, selling, and exchange of beds between long-term care

facilities within a specified geographic area or drive time.

The Board shall file the proposed related administrative rules

for the separate rules and guidelines for long-term care

required by this paragraph (15) by no later than September 30,

2011. The Subcommittee shall be provided a reasonable and

timely opportunity to review and comment on any review,

revision, or updating of the criteria, standards, procedures,

and rules used to evaluate project applications as provided

under Section 12.3 of this Act.

The Chairman of the Board shall appoint voting members of

the Subcommittee, who shall serve for a period of 3 years, with

one-third of the terms expiring each January, to be determined

by lot. Appointees shall include, but not be limited to,

recommendations from each of the 3 statewide long-term care

associations, with an equal number to be appointed from each.

Compliance with this provision shall be through the appointment

and reappointment process. All appointees serving as of April

1, 2015 shall serve to the end of their term as determined by

lot or until the appointee voluntarily resigns, whichever is

earlier.

One representative from the Department of Public Health,

the Department of Healthcare and Family Services, the

Department on Aging, and the Department of Human Services may

each serve as an ex-officio non-voting member of the

Subcommittee. The Chairman of the Board shall select a

Subcommittee Chair, who shall serve for a period of 3 years.

(16) Prescribe the format of the State Board Staff Report.

A State Board Staff Report shall pertain to applications that

include, but are not limited to, applications for permit or

exemption, applications for permit renewal, applications for

extension of the obligation period, applications requesting a

declaratory ruling, or applications under the Health Care

Worker Self-Referral Act. State Board Staff Reports shall

compare applications to the relevant review criteria under the

Board's rules.

(17) Establish a separate set of rules and guidelines for

facilities licensed under the Specialized Mental Health

Rehabilitation Act of 2013. An application for the

re-establishment of a facility in connection with the

relocation of the facility shall not be granted unless the

applicant has a contractual relationship with at least one

hospital to provide emergency and inpatient mental health

services required by facility consumers, and at least one

community mental health agency to provide oversight and

assistance to facility consumers while living in the facility,

and appropriate services, including case management, to assist

them to prepare for discharge and reside stably in the

community thereafter. No new facilities licensed under the

Specialized Mental Health Rehabilitation Act of 2013 shall be

established after June 16, 2014 (the effective date of Public

Act 98-651) except in connection with the relocation of an

existing facility to a new location. An application for a new

location shall not be approved unless there are adequate

community services accessible to the consumers within a

reasonable distance, or by use of public transportation, so as

to facilitate the goal of achieving maximum individual

self-care and independence. At no time shall the total number

of authorized beds under this Act in facilities licensed under

the Specialized Mental Health Rehabilitation Act of 2013 exceed

the number of authorized beds on June 16, 2014 (the effective

date of Public Act 98-651).

(Source: P.A. 98-414, eff. 1-1-14; 98-463, eff. 8-16-13;

98-651, eff. 6-16-14; 98-1086, eff. 8-26-14; 99-78, eff.

7-20-15; 99-114, eff. 7-23-15; 99-180, eff. 7-29-15; 99-277,

eff. 8-5-15; revised 10-15-15.)

(20 ILCS 3960/14.1)

Sec. 14.1. Denial of permit; other sanctions.

(a) The State Board may deny an application for a permit or

may revoke or take other action as permitted by this Act with

regard to a permit as the State Board deems appropriate,

including the imposition of fines as set forth in this Section,

for any one or a combination of the following:

(1) The acquisition of major medical equipment without

a permit or in violation of the terms of a permit.

(2) The establishment, construction, modification, or

change of ownership of a health care facility without a

permit or exemption or in violation of the terms of a

permit.

(3) The violation of any provision of this Act or any

rule adopted under this Act.

(4) The failure, by any person subject to this Act, to

provide information requested by the State Board or Agency

within 30 days after a formal written request for the

information.

(5) The failure to pay any fine imposed under this

Section within 30 days of its imposition.

(a-5) For facilities licensed under the ID/DD Community

Care Act, no permit shall be denied on the basis of prior

operator history, other than for actions specified under item

(2), (4), or (5) of Section 3-117 of the ID/DD Community Care

Act. For facilities licensed under the MC/DD Act, no permit

shall be denied on the basis of prior operator history, other

than for actions specified under item (2), (4), or (5) of

Section 3-117 of the MC/DD Act. For facilities licensed under

the Specialized Mental Health Rehabilitation Act of 2013, no

permit shall be denied on the basis of prior operator history,

other than for actions specified under item (2), (4), or (5) of

Section 3-117 of the Specialized Mental Health Rehabilitation

Act of 2013. For facilities licensed under the Nursing Home

Care Act, no permit shall be denied on the basis of prior

operator history, other than for: (i) actions specified under

item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing

Home Care Act; (ii) actions specified under item (a)(6) of

Section 3-119 of the Nursing Home Care Act; or (iii) actions

within the preceding 5 years constituting a substantial and

repeated failure to comply with the Nursing Home Care Act or

the rules and regulations adopted by the Department under that

Act. The State Board shall not deny a permit on account of any

action described in this subsection (a-5) without also

considering all such actions in the light of all relevant

information available to the State Board, including whether the

permit is sought to substantially comply with a mandatory or

voluntary plan of correction associated with any action

described in this subsection (a-5).

(b) Persons shall be subject to fines as follows:

(1) A permit holder who fails to comply with the

requirements of maintaining a valid permit shall be fined

an amount not to exceed 1% of the approved permit amount

plus an additional 1% of the approved permit amount for

each 30-day period, or fraction thereof, that the violation

continues.

(2) A permit holder who alters the scope of an approved

project or whose project costs exceed the allowable permit

amount without first obtaining approval from the State

Board shall be fined an amount not to exceed the sum of (i)

the lesser of $25,000 or 2% of the approved permit amount

and (ii) in those cases where the approved permit amount is

exceeded by more than $1,000,000, an additional $20,000 for

each $1,000,000, or fraction thereof, in excess of the

approved permit amount.

(2.5) A permit holder who fails to comply with the

post-permit and reporting requirements set forth in

Section 5 shall be fined an amount not to exceed $10,000

plus an additional $10,000 for each 30-day period, or

fraction thereof, that the violation continues. This fine

shall continue to accrue until the date that (i) the

post-permit requirements are met and the post-permit

reports are received by the State Board or (ii) the matter

is referred by the State Board to the State Board's legal

counsel. The accrued fine is not waived by the permit

holder submitting the required information and reports.

Prior to any fine beginning to accrue, the Board shall

notify, in writing, a permit holder of the due date for the

post-permit and reporting requirements no later than 30

days before the due date for the requirements. This

paragraph (2.5) takes effect 6 months after August 27, 2012

(the effective date of Public Act 97-1115).

(3) A person who acquires major medical equipment or

who establishes a category of service without first

obtaining a permit or exemption, as the case may be, shall

be fined an amount not to exceed $10,000 for each such

acquisition or category of service established plus an

additional $10,000 for each 30-day period, or fraction

thereof, that the violation continues.

(4) A person who constructs, modifies, establishes, or

changes ownership of a health care facility without first

obtaining a permit or exemption shall be fined an amount

not to exceed $25,000 plus an additional $25,000 for each

30-day period, or fraction thereof, that the violation

continues.

(5) A person who discontinues a health care facility or

a category of service without first obtaining a permit or

exemption shall be fined an amount not to exceed $10,000

plus an additional $10,000 for each 30-day period, or

fraction thereof, that the violation continues. For

purposes of this subparagraph (5), facilities licensed

under the Nursing Home Care Act, the ID/DD Community Care

Act, or the MC/DD Act, with the exceptions of facilities

operated by a county or Illinois Veterans Homes, are exempt

from this permit requirement. However, facilities licensed

under the Nursing Home Care Act, the ID/DD Community Care

Act, or the MC/DD Act must comply with Section 3-423 of the

Nursing Home Care Act, Section 3-423 of the ID/DD Community

Care Act, or Section 3-423 of the MC/DD Act and must

provide the Board and the Department of Human Services with

30 days' written notice of their intent to close.

Facilities licensed under the ID/DD Community Care Act or

the MC/DD Act also must provide the Board and the

Department of Human Services with 30 days' written notice

of their intent to reduce the number of beds for a

facility.

(6) A person subject to this Act who fails to provide

information requested by the State Board or Agency within

30 days of a formal written request shall be fined an

amount not to exceed $1,000 plus an additional $1,000 for

each 30-day period, or fraction thereof, that the

information is not received by the State Board or Agency.

(b-5) The State Board may accept in-kind services instead

of or in combination with the imposition of a fine. This

authorization is limited to cases where the non-compliant

individual or entity has waived the right to an administrative

hearing or opportunity to appear before the Board regarding the

non-compliant matter.

(c) Before imposing any fine authorized under this Section,

the State Board shall afford the person or permit holder, as

the case may be, an appearance before the State Board and an

opportunity for a hearing before a hearing officer appointed by

the State Board. The hearing shall be conducted in accordance

with Section 10. Requests for an appearance before the State

Board must be made within 30 days after receiving notice that a

fine will be imposed.

(d) All fines collected under this Act shall be transmitted

to the State Treasurer, who shall deposit them into the

Illinois Health Facilities Planning Fund.

(e) Fines imposed under this Section shall continue to

accrue until: (i) the date that the matter is referred by the

State Board to the Board's legal counsel; or (ii) the date that

the health care facility becomes compliant with the Act,

whichever is earlier.

(Source: P.A. 98-463, eff. 8-16-13; 99-114, eff. 7-23-15;

99-180, eff. 7-29-15; revised 10-14-15.)

Section 135. The Illinois Holocaust and Genocide

Commission Act is amended by changing Section 10 as follows:

(20 ILCS 5010/10)

(Section scheduled to be repealed on January 1, 2021)

Sec. 10. Composition of the Commission.

(a) The Commission is composed of 22 members as follows:

(1) 19 public members appointed by the Governor, one of

whom which shall be a student; and

(2) 3 ex officio members as follows:

(A) the State Superintendent of Education;

(B) the Executive Director of the Board of Higher

Education; and

(C) the Director of Veterans' Affairs.

(b) The President and Minority Leader of the Senate shall

each designate a member or former member of the Senate and the

Speaker and Minority Leader of the House of Representatives

shall each designate a member or former member of the House of

Representatives to advise the Commission.

(Source: P.A. 98-793, eff. 7-28-14; revised 10-13-15.)

Section 140. The State Finance Act is amended by setting

forth and renumbering multiple versions of Sections 5.866 and

5.867 as follows:

(30 ILCS 105/5.866)

Sec. 5.866. The Illinois Telecommunications Access

Corporation Fund.

(Source: P.A. 99-6, eff. 6-29-15.)

(30 ILCS 105/5.867)

Sec. 5.867. The Illinois Secure Choice Administrative

Fund.

(Source: P.A. 98-1150, eff. 6-1-15; 99-78, eff. 7-20-15.)

(30 ILCS 105/5.868)

Sec. 5.868 5.866. The Illinois ABLE Accounts

Administrative Fund.

(Source: P.A. 99-145, eff. 1-1-16; revised 9-29-15.)

(30 ILCS 105/5.869)

Sec. 5.869 5.866. The Women's Business Ownership Fund.

(Source: P.A. 99-233, eff. 8-3-15; revised 9-29-15.)

(30 ILCS 105/5.870)

(Section scheduled to be repealed on December 31, 2017)

Sec. 5.870 5.866. The U.S.S. Illinois Commissioning Fund.

This Section is repealed on December 31, 2017.

(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)

(30 ILCS 105/5.871)

Sec. 5.871 5.866. The George Bailey Memorial Fund.

(Source: P.A. 99-455, eff. 1-1-16; revised 9-29-15.)

(30 ILCS 105/5.872)

Sec. 5.872 5.866. The Parity Education Fund.

(Source: P.A. 99-480, eff. 9-9-15; revised 9-29-15.)

(30 ILCS 105/5.873)

Sec. 5.873 5.867. The Autism Care Fund.

(Source: P.A. 99-423, eff. 8-20-15; revised 9-29-15.)

Section 145. The Business Enterprise for Minorities,

Females, and Persons with Disabilities Act is amended by

changing Sections 2 and 4f 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 under

subdivision (2.1) of this subsection (A).

(2.1) "Person with a disability" 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 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 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 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" means all contracts entered into

by the State, any agency or department thereof, or any

public institution of higher education, including

community college districts, regardless of the source of

the funds with which the contracts are paid, which are not

subject to federal reimbursement. "State contracts" does

not include contracts awarded by a retirement system,

pension fund, or investment board subject to Section

1-109.1 of the Illinois Pension Code. This definition shall

control over any existing definition under this Act or

applicable administrative rule.

"State construction contracts" means all State

contracts entered into by a State agency or public

institution of higher education 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) "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, the public

community colleges of the State, and any other public

universities, colleges, and community colleges now or

hereafter established or authorized by the General

Assembly.

(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" 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 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.

(Source: P.A. 98-95, eff. 7-17-13; 99-143, eff. 7-27-15;

99-462, eff. 8-25-15; revised 10-16-15.)

(30 ILCS 575/4f)

(Section scheduled to be repealed on June 30, 2016)

Sec. 4f. Award of State contracts.

(1) It is hereby declared to be the public policy of the

State of Illinois to promote and encourage each State agency

and public institution of higher education to use businesses

owned by minorities, females, and persons with disabilities in

the area of goods and services, including, but not limited to,

insurance services, investment management services,

information technology services, accounting services,

architectural and engineering services, and legal services.

Furthermore, each State agency and public institution of higher

education shall utilize such firms to the greatest extent

feasible within the bounds of financial and fiduciary prudence,

and take affirmative steps to remove any barriers to the full

participation of such firms in the procurement and contracting

opportunities afforded.

(a) When a State agency or public institution of higher

education, other than a community college, awards a

contract for insurance services, for each State agency or

public institution of higher education, it shall be the

aspirational goal to use insurance brokers owned by

minorities, females, and persons with disabilities as

defined by this Act, for not less than 20% of the total

annual premiums or fees.

(b) When a State agency or public institution of higher

education, other than a community college, awards a

contract for investment services, for each State agency or

public institution of higher education, it shall be the

aspirational goal to use emerging investment managers

owned by minorities, females, and persons with

disabilities as defined by this Act, for not less than 20%

of the total funds under management. Furthermore, it is the

aspirational goal that not less than 20% of the direct

asset managers of the State funds be minorities, females,

and persons with disabilities.

(c) When a State agency or public institution of higher

education, other than a community college, awards

contracts for information technology services, accounting

services, architectural and engineering services, and

legal services, for each State agency and public

institution of higher education, it shall be the

aspirational goal to use such firms owned by minorities,

females, and persons with disabilities as defined by this

Act and lawyers who are minorities, females, and persons

with disabilities as defined by this Act, for not less than

20% of the total dollar amount of State contracts.

(d) When a community college awards a contract for

insurance services, investment services, information

technology services, accounting services, architectural

and engineering services, and legal services, it shall be

the aspirational goal of each community college to use

businesses owned by minorities, females, and persons with

disabilities as defined in this Act for not less than 20%

of the total amount spent on contracts for these services

collectively. When a community college awards contracts

for investment services, contracts awarded to investment

managers who are not emerging investment managers as

defined in this Act shall not be considered businesses

owned by minorities, females, or persons with disabilities

for the purposes of this Section.

(2) As used in this Section:

"Accounting services" means the measurement,

processing and communication of financial information

about economic entities including, but is not limited to,

financial accounting, management accounting, auditing,

cost containment and auditing services, taxation and

accounting information systems.

"Architectural and engineering services" means

professional services of an architectural or engineering

nature, or incidental services, that members of the

architectural and engineering professions, and individuals

in their employ, may logically or justifiably perform,

including studies, investigations, surveying and mapping,

tests, evaluations, consultations, comprehensive planning,

program management, conceptual designs, plans and

specifications, value engineering, construction phase

services, soils engineering, drawing reviews, preparation

of operating and maintenance manuals, and other related

services.

"Emerging investment manager" means an investment

manager or claims consultant having assets under

management below $10 billion or otherwise adjudicating

claims.

"Information technology services" means, but is not

limited to, specialized technology-oriented solutions by

combining the processes and functions of software,

hardware, networks, telecommunications, web designers,

cloud developing resellers, and electronics.

"Insurance broker" means an insurance brokerage firm,

claims administrator, or both, that procures, places all

lines of insurance, or administers claims with annual

premiums or fees of at least $5,000,000 but not more than

$10,000,000.

"Legal services" means work performed by a lawyer

including, but not limited to, contracts in anticipation of

litigation, enforcement actions, or investigations.

(3) Each State agency and public institution institutions

of higher education shall adopt policies that identify its plan

and implementation procedures for increasing the use of service

firms owned by minorities, females, and persons with

disabilities.

(4) Except as provided in subsection (5), the Council shall

file no later than March 1 of each year an annual report to the

Governor and the General Assembly. The report filed with the

General Assembly shall be filed as required in Section 3.1 of

the General Assembly Organization Act. This report shall: (i)

identify the service firms used by each State agency and public

institution of higher education, (ii) identify the actions it

has undertaken to increase the use of service firms owned by

minorities, females, and persons with disabilities, including

encouraging non-minority owned firms to use other service firms

owned by minorities, females, and persons with disabilities as

subcontractors when the opportunities arise, (iii) state any

recommendations made by the Council to each State agency and

public institution of higher education to increase

participation by the use of service firms owned by minorities,

females, and persons with disabilities, and (iv) include the

following:

(A) For insurance services: the names of the insurance

brokers or claims consultants used, the total of risk

managed by each State agency and public institution of

higher education by insurance brokers, the total

commissions, fees paid, or both, the lines or insurance

policies placed, and the amount of premiums placed; and the

percentage of the risk managed by insurance brokers, the

percentage of total commission, fees paid, or both, the

lines or insurance policies placed, and the amount of

premiums placed with each by the insurance brokers owned by

minorities, females, and persons with disabilities by each

State agency and public institution of higher education.

(B) For investment management services: the names of

the investment managers used, the total funds under

management of investment managers; the total commissions,

fees paid, or both; the total and percentage of funds under

management of emerging investment managers owned by

minorities, females, and persons with disabilities,

including the total and percentage of total commissions,

fees paid, or both by each State agency and public

institution of higher education.

(C) The names of service firms, the percentage and

total dollar amount paid for professional services by

category by each State agency and public institution of

higher education.

(D) The names of service firms, the percentage and

total dollar amount paid for services by category to firms

owned by minorities, females, and persons with

disabilities by each State agency and public institution of

higher education.

(E) The total number of contracts awarded for services

by category and the total number of contracts awarded to

firms owned by minorities, females, and persons with

disabilities by each State agency and public institution of

higher education.

(5) For community college districts, the Business

Enterprise Council shall only report the following information

for each community college district: (i) the name of the

community colleges in the district, (ii) the name and contact

information of a person at each community college appointed to

be the single point of contact for vendors owned by minorities,

females, or persons with disabilities, (iii) the policy of the

community college district concerning certified vendors, (iv)

the certifications recognized by the community college

district for determining whether a business is owned or

controlled by a minority, female, or person with a disability,

(v) outreach efforts conducted by the community college

district to increase the use of certified vendors, (vi) the

total expenditures by the community college district in the

prior fiscal year in the divisions of work specified in

paragraphs (a), (b), and (c) of subsection (1) of this Section

and the amount paid to certified vendors in those divisions of

work, and (vii) the total number of contracts entered into for

the divisions of work specified in paragraphs (a), (b), and (c)

of subsection (1) of this Section and the total number of

contracts awarded to certified vendors providing these

services to the community college district. The Business

Enterprise Council shall not make any utilization reports under

this Act for community college districts for Fiscal Year 2015

and Fiscal Year 2016, but shall make the report required by

this subsection for Fiscal Year 2017 and for each fiscal year

thereafter. The Business Enterprise Council shall report the

information in items (i), (ii), (iii), and (iv) of this

subsection beginning in September of 2016. The Business

Enterprise Council may collect the data needed to make its

report from the Illinois Community College Board.

(6) The status of the utilization of services shall be

discussed at each of the regularly scheduled Business

Enterprise Council meetings. Time shall be allotted for the

Council to receive, review, and discuss the progress of the use

of service firms owned by minorities, females, and persons with

disabilities by each State agency and public institution

institutions of higher education; and any evidence regarding

past or present racial, ethnic, or gender-based discrimination

which directly impacts a State agency or public institution

institutions of higher education contracting with such firms.

If after reviewing such evidence the Council finds that there

is or has been such discrimination against a specific group,

race or sex, the Council shall establish sheltered markets or

adjust existing sheltered markets tailored to address the

Council's specific findings for the divisions of work specified

in paragraphs (a), (b), and (c) of subsection (1) of this

Section.

(Source: P.A. 99-462, eff. 8-25-15; revised 10-15-15.)

Section 150. The State Mandates Act is amended by changing

Section 8.39 as follows:

(30 ILCS 805/8.39)

Sec. 8.39. Exempt mandate.

(a) Notwithstanding Sections 6 and 8 of this Act, no

reimbursement by the State is required for the implementation

of any mandate created by Public Act 99-176, 99-180, 99-228, or

99-466 this amendatory Act of the 99th General Assembly.

(b) Notwithstanding Sections 6 and 8 of this Act, no

reimbursement by the State is required for the implementation

of any mandate created by the Student Transfer Achievement

Reform Act.

(Source: P.A. 99-176, eff. 7-29-15; 99-180, eff. 7-29-15;

99-228, eff. 1-1-16; 99-316, eff. 1-1-16; 99-466, eff. 8-26-15;

revised 10-9-15.)

Section 155. The Illinois Income Tax Act is amended by

changing Sections 304 and 507DDD as follows:

(35 ILCS 5/304) (from Ch. 120, par. 3-304)

Sec. 304. Business income of persons other than residents.

(a) In general. The business income of a person other than

a resident shall be allocated to this State if such person's

business income is derived solely from this State. If a person

other than a resident derives business income from this State

and one or more other states, then, for tax years ending on or

before December 30, 1998, and except as otherwise provided by

this Section, such person's business income shall be

apportioned to this State by multiplying the income by a

fraction, the numerator of which is the sum of the property

factor (if any), the payroll factor (if any) and 200% of the

sales factor (if any), and the denominator of which is 4

reduced by the number of factors other than the sales factor

which have a denominator of zero and by an additional 2 if the

sales factor has a denominator of zero. For tax years ending on

or after December 31, 1998, and except as otherwise provided by

this Section, persons other than residents who derive business

income from this State and one or more other states shall

compute their apportionment factor by weighting their

property, payroll, and sales factors as provided in subsection

(h) of this Section.

(1) Property factor.

(A) The property factor is a fraction, the numerator of

which is the average value of the person's real and

tangible personal property owned or rented and used in the

trade or business in this State during the taxable year and

the denominator of which is the average value of all the

person's real and tangible personal property owned or

rented and used in the trade or business during the taxable

year.

(B) Property owned by the person is valued at its

original cost. Property rented by the person is valued at 8

times the net annual rental rate. Net annual rental rate is

the annual rental rate paid by the person less any annual

rental rate received by the person from sub-rentals.

(C) The average value of property shall be determined

by averaging the values at the beginning and ending of the

taxable year but the Director may require the averaging of

monthly values during the taxable year if reasonably

required to reflect properly the average value of the

person's property.

(2) Payroll factor.

(A) The payroll factor is a fraction, the numerator of

which is the total amount paid in this State during the

taxable year by the person for compensation, and the

denominator of which is the total compensation paid

everywhere during the taxable year.

(B) Compensation is paid in this State if:

(i) The individual's service is performed entirely

within this State;

(ii) The individual's service is performed both

within and without this State, but the service

performed without this State is incidental to the

individual's service performed within this State; or

(iii) Some of the service is performed within this

State and either the base of operations, or if there is

no base of operations, the place from which the service

is directed or controlled is within this State, or the

base of operations or the place from which the service

is directed or controlled is not in any state in which

some part of the service is performed, but the

individual's residence is in this State.

(iv) Compensation paid to nonresident professional

athletes.

(a) General. The Illinois source income of a

nonresident individual who is a member of a

professional athletic team includes the portion of the

individual's total compensation for services performed

as a member of a professional athletic team during the

taxable year which the number of duty days spent within

this State performing services for the team in any

manner during the taxable year bears to the total

number of duty days spent both within and without this

State during the taxable year.

(b) Travel days. Travel days that do not involve

either a game, practice, team meeting, or other similar

team event are not considered duty days spent in this

State. However, such travel days are considered in the

total duty days spent both within and without this

State.

(c) Definitions. For purposes of this subpart

(iv):

(1) The term "professional athletic team"

includes, but is not limited to, any professional

baseball, basketball, football, soccer, or hockey

team.

(2) The term "member of a professional

athletic team" includes those employees who are

active players, players on the disabled list, and

any other persons required to travel and who travel

with and perform services on behalf of a

professional athletic team on a regular basis.

This includes, but is not limited to, coaches,

managers, and trainers.

(3) Except as provided in items (C) and (D) of

this subpart (3), the term "duty days" means all

days during the taxable year from the beginning of

the professional athletic team's official

pre-season training period through the last game

in which the team competes or is scheduled to

compete. Duty days shall be counted for the year in

which they occur, including where a team's

official pre-season training period through the

last game in which the team competes or is

scheduled to compete, occurs during more than one

tax year.

(A) Duty days shall also include days on

which a member of a professional athletic team

performs service for a team on a date that does

not fall within the foregoing period (e.g.,

participation in instructional leagues, the

"All Star Game", or promotional "caravans").

Performing a service for a professional

athletic team includes conducting training and

rehabilitation activities, when such

activities are conducted at team facilities.

(B) Also included in duty days are game

days, practice days, days spent at team

meetings, promotional caravans, preseason

training camps, and days served with the team

through all post-season games in which the team

competes or is scheduled to compete.

(C) Duty days for any person who joins a

team during the period from the beginning of

the professional athletic team's official

pre-season training period through the last

game in which the team competes, or is

scheduled to compete, shall begin on the day

that person joins the team. Conversely, duty

days for any person who leaves a team during

this period shall end on the day that person

leaves the team. Where a person switches teams

during a taxable year, a separate duty-day

calculation shall be made for the period the

person was with each team.

(D) Days for which a member of a

professional athletic team is not compensated

and is not performing services for the team in

any manner, including days when such member of

a professional athletic team has been

suspended without pay and prohibited from

performing any services for the team, shall not

be treated as duty days.

(E) Days for which a member of a

professional athletic team is on the disabled

list and does not conduct rehabilitation

activities at facilities of the team, and is

not otherwise performing services for the team

in Illinois, shall not be considered duty days

spent in this State. All days on the disabled

list, however, are considered to be included in

total duty days spent both within and without

this State.

(4) The term "total compensation for services

performed as a member of a professional athletic

team" means the total compensation received during

the taxable year for services performed:

(A) from the beginning of the official

pre-season training period through the last

game in which the team competes or is scheduled

to compete during that taxable year; and

(B) during the taxable year on a date which

does not fall within the foregoing period

(e.g., participation in instructional leagues,

the "All Star Game", or promotional caravans).

This compensation shall include, but is not

limited to, salaries, wages, bonuses as described

in this subpart, and any other type of compensation

paid during the taxable year to a member of a

professional athletic team for services performed

in that year. This compensation does not include

strike benefits, severance pay, termination pay,

contract or option year buy-out payments,

expansion or relocation payments, or any other

payments not related to services performed for the

team.

For purposes of this subparagraph, "bonuses"

included in "total compensation for services

performed as a member of a professional athletic

team" subject to the allocation described in

Section 302(c)(1) are: bonuses earned as a result

of play (i.e., performance bonuses) during the

season, including bonuses paid for championship,

playoff or "bowl" games played by a team, or for

selection to all-star league or other honorary

positions; and bonuses paid for signing a

contract, unless the payment of the signing bonus

is not conditional upon the signee playing any

games for the team or performing any subsequent

services for the team or even making the team, the

signing bonus is payable separately from the

salary and any other compensation, and the signing

bonus is nonrefundable.

(3) Sales factor.

(A) The sales factor is a fraction, the numerator of

which is the total sales of the person in this State during

the taxable year, and the denominator of which is the total

sales of the person everywhere during the taxable year.

(B) Sales of tangible personal property are in this

State if:

(i) The property is delivered or shipped to a

purchaser, other than the United States government,

within this State regardless of the f. o. b. point or

other conditions of the sale; or

(ii) The property is shipped from an office, store,

warehouse, factory or other place of storage in this

State and either the purchaser is the United States

government or the person is not taxable in the state of

the purchaser; provided, however, that premises owned

or leased by a person who has independently contracted

with the seller for the printing of newspapers,

periodicals or books shall not be deemed to be an

office, store, warehouse, factory or other place of

storage for purposes of this Section. Sales of tangible

personal property are not in this State if the seller

and purchaser would be members of the same unitary

business group but for the fact that either the seller

or purchaser is a person with 80% or more of total

business activity outside of the United States and the

property is purchased for resale.

(B-1) Patents, copyrights, trademarks, and similar

items of intangible personal property.

(i) Gross receipts from the licensing, sale, or

other disposition of a patent, copyright, trademark,

or similar item of intangible personal property, other

than gross receipts governed by paragraph (B-7) of this

item (3), are in this State to the extent the item is

utilized in this State during the year the gross

receipts are included in gross income.

(ii) Place of utilization.

(I) A patent is utilized in a state to the

extent that it is employed in production,

fabrication, manufacturing, or other processing in

the state or to the extent that a patented product

is produced in the state. If a patent is utilized

in more than one state, the extent to which it is

utilized in any one state shall be a fraction equal

to the gross receipts of the licensee or purchaser

from sales or leases of items produced,

fabricated, manufactured, or processed within that

state using the patent and of patented items

produced within that state, divided by the total of

such gross receipts for all states in which the

patent is utilized.

(II) A copyright is utilized in a state to the

extent that printing or other publication

originates in the state. If a copyright is utilized

in more than one state, the extent to which it is

utilized in any one state shall be a fraction equal

to the gross receipts from sales or licenses of

materials printed or published in that state

divided by the total of such gross receipts for all

states in which the copyright is utilized.

(III) Trademarks and other items of intangible

personal property governed by this paragraph (B-1)

are utilized in the state in which the commercial

domicile of the licensee or purchaser is located.

(iii) If the state of utilization of an item of

property governed by this paragraph (B-1) cannot be

determined from the taxpayer's books and records or

from the books and records of any person related to the

taxpayer within the meaning of Section 267(b) of the

Internal Revenue Code, 26 U.S.C. 267, the gross

receipts attributable to that item shall be excluded

from both the numerator and the denominator of the

sales factor.

(B-2) Gross receipts from the license, sale, or other

disposition of patents, copyrights, trademarks, and

similar items of intangible personal property, other than

gross receipts governed by paragraph (B-7) of this item

(3), may be included in the numerator or denominator of the

sales factor only if gross receipts from licenses, sales,

or other disposition of such items comprise more than 50%

of the taxpayer's total gross receipts included in gross

income during the tax year and during each of the 2

immediately preceding tax years; provided that, when a

taxpayer is a member of a unitary business group, such

determination shall be made on the basis of the gross

receipts of the entire unitary business group.

(B-5) For taxable years ending on or after December 31,

2008, except as provided in subsections (ii) through (vii),

receipts from the sale of telecommunications service or

mobile telecommunications service are in this State if the

customer's service address is in this State.

(i) For purposes of this subparagraph (B-5), the

following terms have the following meanings:

"Ancillary services" means services that are

associated with or incidental to the provision of

"telecommunications services", including but not

limited to "detailed telecommunications billing",

"directory assistance", "vertical service", and "voice

mail services".

"Air-to-Ground Radiotelephone service" means a

radio service, as that term is defined in 47 CFR 22.99,

in which common carriers are authorized to offer and

provide radio telecommunications service for hire to

subscribers in aircraft.

"Call-by-call Basis" means any method of charging

for telecommunications services where the price is

measured by individual calls.

"Communications Channel" means a physical or

virtual path of communications over which signals are

transmitted between or among customer channel

termination points.

"Conference bridging service" means an "ancillary

service" that links two or more participants of an

audio or video conference call and may include the

provision of a telephone number. "Conference bridging

service" does not include the "telecommunications

services" used to reach the conference bridge.

"Customer Channel Termination Point" means the

location where the customer either inputs or receives

the communications.

"Detailed telecommunications billing service"

means an "ancillary service" of separately stating

information pertaining to individual calls on a

customer's billing statement.

"Directory assistance" means an "ancillary

service" of providing telephone number information,

and/or address information.

"Home service provider" means the facilities based

carrier or reseller with which the customer contracts

for the provision of mobile telecommunications

services.

"Mobile telecommunications service" means

commercial mobile radio service, as defined in Section

20.3 of Title 47 of the Code of Federal Regulations as

in effect on June 1, 1999.

"Place of primary use" means the street address

representative of where the customer's use of the

telecommunications service primarily occurs, which

must be the residential street address or the primary

business street address of the customer. In the case of

mobile telecommunications services, "place of primary

use" must be within the licensed service area of the

home service provider.

"Post-paid telecommunication service" means the

telecommunications service obtained by making a

payment on a call-by-call basis either through the use

of a credit card or payment mechanism such as a bank

card, travel card, credit card, or debit card, or by

charge made to a telephone number which is not

associated with the origination or termination of the

telecommunications service. A post-paid calling

service includes telecommunications service, except a

prepaid wireless calling service, that would be a

prepaid calling service except it is not exclusively a

telecommunication service.

"Prepaid telecommunication service" means the

right to access exclusively telecommunications

services, which must be paid for in advance and which

enables the origination of calls using an access number

or authorization code, whether manually or

electronically dialed, and that is sold in

predetermined units or dollars of which the number

declines with use in a known amount.

"Prepaid Mobile telecommunication service" means a

telecommunications service that provides the right to

utilize mobile wireless service as well as other

non-telecommunication services, including but not

limited to ancillary services, which must be paid for

in advance that is sold in predetermined units or

dollars of which the number declines with use in a

known amount.

"Private communication service" means a

telecommunication service that entitles the customer

to exclusive or priority use of a communications

channel or group of channels between or among

termination points, regardless of the manner in which

such channel or channels are connected, and includes

switching capacity, extension lines, stations, and any

other associated services that are provided in

connection with the use of such channel or channels.

"Service address" means:

(a) The location of the telecommunications

equipment to which a customer's call is charged and

from which the call originates or terminates,

regardless of where the call is billed or paid;

(b) If the location in line (a) is not known,

service address means the origination point of the

signal of the telecommunications services first

identified by either the seller's

telecommunications system or in information

received by the seller from its service provider

where the system used to transport such signals is

not that of the seller; and

(c) If the locations in line (a) and line (b)

are not known, the service address means the

location of the customer's place of primary use.

"Telecommunications service" means the electronic

transmission, conveyance, or routing of voice, data,

audio, video, or any other information or signals to a

point, or between or among points. The term

"telecommunications service" includes such

transmission, conveyance, or routing in which computer

processing applications are used to act on the form,

code or protocol of the content for purposes of

transmission, conveyance or routing without regard to

whether such service is referred to as voice over

Internet protocol services or is classified by the

Federal Communications Commission as enhanced or value

added. "Telecommunications service" does not include:

(a) Data processing and information services

that allow data to be generated, acquired, stored,

processed, or retrieved and delivered by an

electronic transmission to a purchaser when such

purchaser's primary purpose for the underlying

transaction is the processed data or information;

(b) Installation or maintenance of wiring or

equipment on a customer's premises;

(c) Tangible personal property;

(d) Advertising, including but not limited to

directory advertising.

(e) Billing and collection services provided

to third parties;

(f) Internet access service;

(g) Radio and television audio and video

programming services, regardless of the medium,

including the furnishing of transmission,

conveyance and routing of such services by the

programming service provider. Radio and television

audio and video programming services shall include

but not be limited to cable service as defined in

47 USC 522(6) and audio and video programming

services delivered by commercial mobile radio

service providers, as defined in 47 CFR 20.3;

(h) "Ancillary services"; or

(i) Digital products "delivered

electronically", including but not limited to

software, music, video, reading materials or ring

tones.

"Vertical service" means an "ancillary service"

that is offered in connection with one or more

"telecommunications services", which offers advanced

calling features that allow customers to identify

callers and to manage multiple calls and call

connections, including "conference bridging services".

"Voice mail service" means an "ancillary service"

that enables the customer to store, send or receive

recorded messages. "Voice mail service" does not

include any "vertical services" that the customer may

be required to have in order to utilize the "voice mail

service".

(ii) Receipts from the sale of telecommunications

service sold on an individual call-by-call basis are in

this State if either of the following applies:

(a) The call both originates and terminates in

this State.

(b) The call either originates or terminates

in this State and the service address is located in

this State.

(iii) Receipts from the sale of postpaid

telecommunications service at retail are in this State

if the origination point of the telecommunication

signal, as first identified by the service provider's

telecommunication system or as identified by

information received by the seller from its service

provider if the system used to transport

telecommunication signals is not the seller's, is

located in this State.

(iv) Receipts from the sale of prepaid

telecommunications service or prepaid mobile

telecommunications service at retail are in this State

if the purchaser obtains the prepaid card or similar

means of conveyance at a location in this State.

Receipts from recharging a prepaid telecommunications

service or mobile telecommunications service is in

this State if the purchaser's billing information

indicates a location in this State.

(v) Receipts from the sale of private

communication services are in this State as follows:

(a) 100% of receipts from charges imposed at

each channel termination point in this State.

(b) 100% of receipts from charges for the total

channel mileage between each channel termination

point in this State.

(c) 50% of the total receipts from charges for

service segments when those segments are between 2

customer channel termination points, 1 of which is

located in this State and the other is located

outside of this State, which segments are

separately charged.

(d) The receipts from charges for service

segments with a channel termination point located

in this State and in two or more other states, and

which segments are not separately billed, are in

this State based on a percentage determined by

dividing the number of customer channel

termination points in this State by the total

number of customer channel termination points.

(vi) Receipts from charges for ancillary services

for telecommunications service sold to customers at

retail are in this State if the customer's primary

place of use of telecommunications services associated

with those ancillary services is in this State. If the

seller of those ancillary services cannot determine

where the associated telecommunications are located,

then the ancillary services shall be based on the

location of the purchaser.

(vii) Receipts to access a carrier's network or

from the sale of telecommunication services or

ancillary services for resale are in this State as

follows:

(a) 100% of the receipts from access fees

attributable to intrastate telecommunications

service that both originates and terminates in

this State.

(b) 50% of the receipts from access fees

attributable to interstate telecommunications

service if the interstate call either originates

or terminates in this State.

(c) 100% of the receipts from interstate end

user access line charges, if the customer's

service address is in this State. As used in this

subdivision, "interstate end user access line

charges" includes, but is not limited to, the

surcharge approved by the federal communications

commission and levied pursuant to 47 CFR 69.

(d) Gross receipts from sales of

telecommunication services or from ancillary

services for telecommunications services sold to

other telecommunication service providers for

resale shall be sourced to this State using the

apportionment concepts used for non-resale

receipts of telecommunications services if the

information is readily available to make that

determination. If the information is not readily

available, then the taxpayer may use any other

reasonable and consistent method.

(B-7) For taxable years ending on or after December 31,

2008, receipts from the sale of broadcasting services are

in this State if the broadcasting services are received in

this State. For purposes of this paragraph (B-7), the

following terms have the following meanings:

"Advertising revenue" means consideration received

by the taxpayer in exchange for broadcasting services

or allowing the broadcasting of commercials or

announcements in connection with the broadcasting of

film or radio programming, from sponsorships of the

programming, or from product placements in the

programming.

"Audience factor" means the ratio that the

audience or subscribers located in this State of a

station, a network, or a cable system bears to the

total audience or total subscribers for that station,

network, or cable system. The audience factor for film

or radio programming shall be determined by reference

to the books and records of the taxpayer or by

reference to published rating statistics provided the

method used by the taxpayer is consistently used from

year to year for this purpose and fairly represents the

taxpayer's activity in this State.

"Broadcast" or "broadcasting" or "broadcasting

services" means the transmission or provision of film

or radio programming, whether through the public

airwaves, by cable, by direct or indirect satellite

transmission, or by any other means of communication,

either through a station, a network, or a cable system.

"Film" or "film programming" means the broadcast

on television of any and all performances, events, or

productions, including but not limited to news,

sporting events, plays, stories, or other literary,

commercial, educational, or artistic works, either

live or through the use of video tape, disc, or any

other type of format or medium. Each episode of a

series of films produced for television shall

constitute separate "film" notwithstanding that the

series relates to the same principal subject and is

produced during one or more tax periods.

"Radio" or "radio programming" means the broadcast

on radio of any and all performances, events, or

productions, including but not limited to news,

sporting events, plays, stories, or other literary,

commercial, educational, or artistic works, either

live or through the use of an audio tape, disc, or any

other format or medium. Each episode in a series of

radio programming produced for radio broadcast shall

constitute a separate "radio programming"

notwithstanding that the series relates to the same

principal subject and is produced during one or more

tax periods.

(i) In the case of advertising revenue from

broadcasting, the customer is the advertiser and

the service is received in this State if the

commercial domicile of the advertiser is in this

State.

(ii) In the case where film or radio

programming is broadcast by a station, a network,

or a cable system for a fee or other remuneration

received from the recipient of the broadcast, the

portion of the service that is received in this

State is measured by the portion of the recipients

of the broadcast located in this State.

Accordingly, the fee or other remuneration for

such service that is included in the Illinois

numerator of the sales factor is the total of those

fees or other remuneration received from

recipients in Illinois. For purposes of this

paragraph, a taxpayer may determine the location

of the recipients of its broadcast using the

address of the recipient shown in its contracts

with the recipient or using the billing address of

the recipient in the taxpayer's records.

(iii) In the case where film or radio

programming is broadcast by a station, a network,

or a cable system for a fee or other remuneration

from the person providing the programming, the

portion of the broadcast service that is received

by such station, network, or cable system in this

State is measured by the portion of recipients of

the broadcast located in this State. Accordingly,

the amount of revenue related to such an

arrangement that is included in the Illinois

numerator of the sales factor is the total fee or

other total remuneration from the person providing

the programming related to that broadcast

multiplied by the Illinois audience factor for

that broadcast.

(iv) In the case where film or radio

programming is provided by a taxpayer that is a

network or station to a customer for broadcast in

exchange for a fee or other remuneration from that

customer the broadcasting service is received at

the location of the office of the customer from

which the services were ordered in the regular

course of the customer's trade or business.

Accordingly, in such a case the revenue derived by

the taxpayer that is included in the taxpayer's

Illinois numerator of the sales factor is the

revenue from such customers who receive the

broadcasting service in Illinois.

(v) In the case where film or radio programming

is provided by a taxpayer that is not a network or

station to another person for broadcasting in

exchange for a fee or other remuneration from that

person, the broadcasting service is received at

the location of the office of the customer from

which the services were ordered in the regular

course of the customer's trade or business.

Accordingly, in such a case the revenue derived by

the taxpayer that is included in the taxpayer's

Illinois numerator of the sales factor is the

revenue from such customers who receive the

broadcasting service in Illinois.

(B-8) Gross receipts from winnings under the Illinois

Lottery Law from the assignment of a prize under Section

13.1 13-1 of the Illinois Lottery Law are received in this

State. This paragraph (B-8) applies only to taxable years

ending on or after December 31, 2013.

(C) For taxable years ending before December 31, 2008,

sales, other than sales governed by paragraphs (B), (B-1),

(B-2), and (B-8) are in this State if:

(i) The income-producing activity is performed in

this State; or

(ii) The income-producing activity is performed

both within and without this State and a greater

proportion of the income-producing activity is

performed within this State than without this State,

based on performance costs.

(C-5) For taxable years ending on or after December 31,

2008, sales, other than sales governed by paragraphs (B),

(B-1), (B-2), (B-5), and (B-7), are in this State if any of

the following criteria are met:

(i) Sales from the sale or lease of real property

are in this State if the property is located in this

State.

(ii) Sales from the lease or rental of tangible

personal property are in this State if the property is

located in this State during the rental period. Sales

from the lease or rental of tangible personal property

that is characteristically moving property, including,

but not limited to, motor vehicles, rolling stock,

aircraft, vessels, or mobile equipment are in this

State to the extent that the property is used in this

State.

(iii) In the case of interest, net gains (but not

less than zero) and other items of income from

intangible personal property, the sale is in this State

if:

(a) in the case of a taxpayer who is a dealer

in the item of intangible personal property within

the meaning of Section 475 of the Internal Revenue

Code, the income or gain is received from a

customer in this State. For purposes of this

subparagraph, a customer is in this State if the

customer is an individual, trust or estate who is a

resident of this State and, for all other

customers, if the customer's commercial domicile

is in this State. Unless the dealer has actual

knowledge of the residence or commercial domicile

of a customer during a taxable year, the customer

shall be deemed to be a customer in this State if

the billing address of the customer, as shown in

the records of the dealer, is in this State; or

(b) in all other cases, if the

income-producing activity of the taxpayer is

performed in this State or, if the

income-producing activity of the taxpayer is

performed both within and without this State, if a

greater proportion of the income-producing

activity of the taxpayer is performed within this

State than in any other state, based on performance

costs.

(iv) Sales of services are in this State if the

services are received in this State. For the purposes

of this section, gross receipts from the performance of

services provided to a corporation, partnership, or

trust may only be attributed to a state where that

corporation, partnership, or trust has a fixed place of

business. If the state where the services are received

is not readily determinable or is a state where the

corporation, partnership, or trust receiving the

service does not have a fixed place of business, the

services shall be deemed to be received at the location

of the office of the customer from which the services

were ordered in the regular course of the customer's

trade or business. If the ordering office cannot be

determined, the services shall be deemed to be received

at the office of the customer to which the services are

billed. If the taxpayer is not taxable in the state in

which the services are received, the sale must be

excluded from both the numerator and the denominator of

the sales factor. The Department shall adopt rules

prescribing where specific types of service are

received, including, but not limited to, publishing,

and utility service.

(D) For taxable years ending on or after December 31,

1995, the following items of income shall not be included

in the numerator or denominator of the sales factor:

dividends; amounts included under Section 78 of the

Internal Revenue Code; and Subpart F income as defined in

Section 952 of the Internal Revenue Code. No inference

shall be drawn from the enactment of this paragraph (D) in

construing this Section for taxable years ending before

December 31, 1995.

(E) Paragraphs (B-1) and (B-2) shall apply to tax years

ending on or after December 31, 1999, provided that a

taxpayer may elect to apply the provisions of these

paragraphs to prior tax years. Such election shall be made

in the form and manner prescribed by the Department, shall

be irrevocable, and shall apply to all tax years; provided

that, if a taxpayer's Illinois income tax liability for any

tax year, as assessed under Section 903 prior to January 1,

1999, was computed in a manner contrary to the provisions

of paragraphs (B-1) or (B-2), no refund shall be payable to

the taxpayer for that tax year to the extent such refund is

the result of applying the provisions of paragraph (B-1) or

(B-2) retroactively. In the case of a unitary business

group, such election shall apply to all members of such

group for every tax year such group is in existence, but

shall not apply to any taxpayer for any period during which

that taxpayer is not a member of such group.

(b) Insurance companies.

(1) In general. Except as otherwise provided by

paragraph (2), business income of an insurance company for

a taxable year shall be apportioned to this State by

multiplying such income by a fraction, the numerator of

which is the direct premiums written for insurance upon

property or risk in this State, and the denominator of

which is the direct premiums written for insurance upon

property or risk everywhere. For purposes of this

subsection, the term "direct premiums written" means the

total amount of direct premiums written, assessments and

annuity considerations as reported for the taxable year on

the annual statement filed by the company with the Illinois

Director of Insurance in the form approved by the National

Convention of Insurance Commissioners or such other form as

may be prescribed in lieu thereof.

(2) Reinsurance. If the principal source of premiums

written by an insurance company consists of premiums for

reinsurance accepted by it, the business income of such

company shall be apportioned to this State by multiplying

such income by a fraction, the numerator of which is the

sum of (i) direct premiums written for insurance upon

property or risk in this State, plus (ii) premiums written

for reinsurance accepted in respect of property or risk in

this State, and the denominator of which is the sum of

(iii) direct premiums written for insurance upon property

or risk everywhere, plus (iv) premiums written for

reinsurance accepted in respect of property or risk

everywhere. For purposes of this paragraph, premiums

written for reinsurance accepted in respect of property or

risk in this State, whether or not otherwise determinable,

may, at the election of the company, be determined on the

basis of the proportion which premiums written for

reinsurance accepted from companies commercially domiciled

in Illinois bears to premiums written for reinsurance

accepted from all sources, or, alternatively, in the

proportion which the sum of the direct premiums written for

insurance upon property or risk in this State by each

ceding company from which reinsurance is accepted bears to

the sum of the total direct premiums written by each such

ceding company for the taxable year. The election made by a

company under this paragraph for its first taxable year

ending on or after December 31, 2011, shall be binding for

that company for that taxable year and for all subsequent

taxable years, and may be altered only with the written

permission of the Department, which shall not be

unreasonably withheld.

(c) Financial organizations.

(1) In general. For taxable years ending before

December 31, 2008, business income of a financial

organization shall be apportioned to this State by

multiplying such income by a fraction, the numerator of

which is its business income from sources within this

State, and the denominator of which is its business income

from all sources. For the purposes of this subsection, the

business income of a financial organization from sources

within this State is the sum of the amounts referred to in

subparagraphs (A) through (E) following, but excluding the

adjusted income of an international banking facility as

determined in paragraph (2):

(A) Fees, commissions or other compensation for

financial services rendered within this State;

(B) Gross profits from trading in stocks, bonds or

other securities managed within this State;

(C) Dividends, and interest from Illinois

customers, which are received within this State;

(D) Interest charged to customers at places of

business maintained within this State for carrying

debit balances of margin accounts, without deduction

of any costs incurred in carrying such accounts; and

(E) Any other gross income resulting from the

operation as a financial organization within this

State. In computing the amounts referred to in

paragraphs (A) through (E) of this subsection, any

amount received by a member of an affiliated group

(determined under Section 1504(a) of the Internal

Revenue Code but without reference to whether any such

corporation is an "includible corporation" under

Section 1504(b) of the Internal Revenue Code) from

another member of such group shall be included only to

the extent such amount exceeds expenses of the

recipient directly related thereto.

(2) International Banking Facility. For taxable years

ending before December 31, 2008:

(A) Adjusted Income. The adjusted income of an

international banking facility is its income reduced

by the amount of the floor amount.

(B) Floor Amount. The floor amount shall be the

amount, if any, determined by multiplying the income of

the international banking facility by a fraction, not

greater than one, which is determined as follows:

(i) The numerator shall be:

The average aggregate, determined on a

quarterly basis, of the financial organization's

loans to banks in foreign countries, to foreign

domiciled borrowers (except where secured

primarily by real estate) and to foreign

governments and other foreign official

institutions, as reported for its branches,

agencies and offices within the state on its

"Consolidated Report of Condition", Schedule A,

Lines 2.c., 5.b., and 7.a., which was filed with

the Federal Deposit Insurance Corporation and

other regulatory authorities, for the year 1980,

minus

The average aggregate, determined on a

quarterly basis, of such loans (other than loans of

an international banking facility), as reported by

the financial institution for its branches,

agencies and offices within the state, on the

corresponding Schedule and lines of the

Consolidated Report of Condition for the current

taxable year, provided, however, that in no case

shall the amount determined in this clause (the

subtrahend) exceed the amount determined in the

preceding clause (the minuend); and

(ii) the denominator shall be the average

aggregate, determined on a quarterly basis, of the

international banking facility's loans to banks in

foreign countries, to foreign domiciled borrowers

(except where secured primarily by real estate)

and to foreign governments and other foreign

official institutions, which were recorded in its

financial accounts for the current taxable year.

(C) Change to Consolidated Report of Condition and

in Qualification. In the event the Consolidated Report

of Condition which is filed with the Federal Deposit

Insurance Corporation and other regulatory authorities

is altered so that the information required for

determining the floor amount is not found on Schedule

A, lines 2.c., 5.b. and 7.a., the financial institution

shall notify the Department and the Department may, by

regulations or otherwise, prescribe or authorize the

use of an alternative source for such information. The

financial institution shall also notify the Department

should its international banking facility fail to

qualify as such, in whole or in part, or should there

be any amendment or change to the Consolidated Report

of Condition, as originally filed, to the extent such

amendment or change alters the information used in

determining the floor amount.

(3) For taxable years ending on or after December 31,

2008, the business income of a financial organization shall

be apportioned to this State by multiplying such income by

a fraction, the numerator of which is its gross receipts

from sources in this State or otherwise attributable to

this State's marketplace and the denominator of which is

its gross receipts everywhere during the taxable year.

"Gross receipts" for purposes of this subparagraph (3)

means gross income, including net taxable gain on

disposition of assets, including securities and money

market instruments, when derived from transactions and

activities in the regular course of the financial

organization's trade or business. The following examples

are illustrative:

(i) Receipts from the lease or rental of real or

tangible personal property are in this State if the

property is located in this State during the rental

period. Receipts from the lease or rental of tangible

personal property that is characteristically moving

property, including, but not limited to, motor

vehicles, rolling stock, aircraft, vessels, or mobile

equipment are from sources in this State to the extent

that the property is used in this State.

(ii) Interest income, commissions, fees, gains on

disposition, and other receipts from assets in the

nature of loans that are secured primarily by real

estate or tangible personal property are from sources

in this State if the security is located in this State.

(iii) Interest income, commissions, fees, gains on

disposition, and other receipts from consumer loans

that are not secured by real or tangible personal

property are from sources in this State if the debtor

is a resident of this State.

(iv) Interest income, commissions, fees, gains on

disposition, and other receipts from commercial loans

and installment obligations that are not secured by

real or tangible personal property are from sources in

this State if the proceeds of the loan are to be

applied in this State. If it cannot be determined where

the funds are to be applied, the income and receipts

are from sources in this State if the office of the

borrower from which the loan was negotiated in the

regular course of business is located in this State. If

the location of this office cannot be determined, the

income and receipts shall be excluded from the

numerator and denominator of the sales factor.

(v) Interest income, fees, gains on disposition,

service charges, merchant discount income, and other

receipts from credit card receivables are from sources

in this State if the card charges are regularly billed

to a customer in this State.

(vi) Receipts from the performance of services,

including, but not limited to, fiduciary, advisory,

and brokerage services, are in this State if the

services are received in this State within the meaning

of subparagraph (a)(3)(C-5)(iv) of this Section.

(vii) Receipts from the issuance of travelers

checks and money orders are from sources in this State

if the checks and money orders are issued from a

location within this State.

(viii) Receipts from investment assets and

activities and trading assets and activities are

included in the receipts factor as follows:

(1) Interest, dividends, net gains (but not

less than zero) and other income from investment

assets and activities from trading assets and

activities shall be included in the receipts

factor. Investment assets and activities and

trading assets and activities include but are not

limited to: investment securities; trading account

assets; federal funds; securities purchased and

sold under agreements to resell or repurchase;

options; futures contracts; forward contracts;

notional principal contracts such as swaps;

equities; and foreign currency transactions. With

respect to the investment and trading assets and

activities described in subparagraphs (A) and (B)

of this paragraph, the receipts factor shall

include the amounts described in such

subparagraphs.

(A) The receipts factor shall include the

amount by which interest from federal funds

sold and securities purchased under resale

agreements exceeds interest expense on federal

funds purchased and securities sold under

repurchase agreements.

(B) The receipts factor shall include the

amount by which interest, dividends, gains and

other income from trading assets and

activities, including but not limited to

assets and activities in the matched book, in

the arbitrage book, and foreign currency

transactions, exceed amounts paid in lieu of

interest, amounts paid in lieu of dividends,

and losses from such assets and activities.

(2) The numerator of the receipts factor

includes interest, dividends, net gains (but not

less than zero), and other income from investment

assets and activities and from trading assets and

activities described in paragraph (1) of this

subsection that are attributable to this State.

(A) The amount of interest, dividends, net

gains (but not less than zero), and other

income from investment assets and activities

in the investment account to be attributed to

this State and included in the numerator is

determined by multiplying all such income from

such assets and activities by a fraction, the

numerator of which is the gross income from

such assets and activities which are properly

assigned to a fixed place of business of the

taxpayer within this State and the denominator

of which is the gross income from all such

assets and activities.

(B) The amount of interest from federal

funds sold and purchased and from securities

purchased under resale agreements and

securities sold under repurchase agreements

attributable to this State and included in the

numerator is determined by multiplying the

amount described in subparagraph (A) of

paragraph (1) of this subsection from such

funds and such securities by a fraction, the

numerator of which is the gross income from

such funds and such securities which are

properly assigned to a fixed place of business

of the taxpayer within this State and the

denominator of which is the gross income from

all such funds and such securities.

(C) The amount of interest, dividends,

gains, and other income from trading assets and

activities, including but not limited to

assets and activities in the matched book, in

the arbitrage book and foreign currency

transactions (but excluding amounts described

in subparagraphs (A) or (B) of this paragraph),

attributable to this State and included in the

numerator is determined by multiplying the

amount described in subparagraph (B) of

paragraph (1) of this subsection by a fraction,

the numerator of which is the gross income from

such trading assets and activities which are

properly assigned to a fixed place of business

of the taxpayer within this State and the

denominator of which is the gross income from

all such assets and activities.

(D) Properly assigned, for purposes of

this paragraph (2) of this subsection, means

the investment or trading asset or activity is

assigned to the fixed place of business with

which it has a preponderance of substantive

contacts. An investment or trading asset or

activity assigned by the taxpayer to a fixed

place of business without the State shall be

presumed to have been properly assigned if:

(i) the taxpayer has assigned, in the

regular course of its business, such asset

or activity on its records to a fixed place

of business consistent with federal or

state regulatory requirements;

(ii) such assignment on its records is

based upon substantive contacts of the

asset or activity to such fixed place of

business; and

(iii) the taxpayer uses such records

reflecting assignment of such assets or

activities for the filing of all state and

local tax returns for which an assignment

of such assets or activities to a fixed

place of business is required.

(E) The presumption of proper assignment

of an investment or trading asset or activity

provided in subparagraph (D) of paragraph (2)

of this subsection may be rebutted upon a

showing by the Department, supported by a

preponderance of the evidence, that the

preponderance of substantive contacts

regarding such asset or activity did not occur

at the fixed place of business to which it was

assigned on the taxpayer's records. If the

fixed place of business that has a

preponderance of substantive contacts cannot

be determined for an investment or trading

asset or activity to which the presumption in

subparagraph (D) of paragraph (2) of this

subsection does not apply or with respect to

which that presumption has been rebutted, that

asset or activity is properly assigned to the

state in which the taxpayer's commercial

domicile is located. For purposes of this

subparagraph (E), it shall be presumed,

subject to rebuttal, that taxpayer's

commercial domicile is in the state of the

United States or the District of Columbia to

which the greatest number of employees are

regularly connected with the management of the

investment or trading income or out of which

they are working, irrespective of where the

services of such employees are performed, as of

the last day of the taxable year.

(4) (Blank).

(5) (Blank).

(c-1) Federally regulated exchanges. For taxable years

ending on or after December 31, 2012, business income of a

federally regulated exchange shall, at the option of the

federally regulated exchange, be apportioned to this State by

multiplying such income by a fraction, the numerator of which

is its business income from sources within this State, and the

denominator of which is its business income from all sources.

For purposes of this subsection, the business income within

this State of a federally regulated exchange is the sum of the

following:

(1) Receipts attributable to transactions executed on

a physical trading floor if that physical trading floor is

located in this State.

(2) Receipts attributable to all other matching,

execution, or clearing transactions, including without

limitation receipts from the provision of matching,

execution, or clearing services to another entity,

multiplied by (i) for taxable years ending on or after

December 31, 2012 but before December 31, 2013, 63.77%; and

(ii) for taxable years ending on or after December 31,

2013, 27.54%.

(3) All other receipts not governed by subparagraphs

(1) or (2) of this subsection (c-1), to the extent the

receipts would be characterized as "sales in this State"

under item (3) of subsection (a) of this Section.

"Federally regulated exchange" means (i) a "registered

entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B),

or (C), (ii) an "exchange" or "clearing agency" within the

meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such

entities regulated under any successor regulatory structure to

the foregoing, and (iv) all taxpayers who are members of the

same unitary business group as a federally regulated exchange,

determined without regard to the prohibition in Section

1501(a)(27) of this Act against including in a unitary business

group taxpayers who are ordinarily required to apportion

business income under different subsections of this Section;

provided that this subparagraph (iv) shall apply only if 50% or

more of the business receipts of the unitary business group

determined by application of this subparagraph (iv) for the

taxable year are attributable to the matching, execution, or

clearing of transactions conducted by an entity described in

subparagraph (i), (ii), or (iii) of this paragraph.

In no event shall the Illinois apportionment percentage

computed in accordance with this subsection (c-1) for any

taxpayer for any tax year be less than the Illinois

apportionment percentage computed under this subsection (c-1)

for that taxpayer for the first full tax year ending on or

after December 31, 2013 for which this subsection (c-1) applied

to the taxpayer.

(d) Transportation services. For taxable years ending

before December 31, 2008, business income derived from

furnishing transportation services shall be apportioned to

this State in accordance with paragraphs (1) and (2):

(1) Such business income (other than that derived from

transportation by pipeline) shall be apportioned to this

State by multiplying such income by a fraction, the

numerator of which is the revenue miles of the person in

this State, and the denominator of which is the revenue

miles of the person everywhere. For purposes of this

paragraph, a revenue mile is the transportation of 1

passenger or 1 net ton of freight the distance of 1 mile

for a consideration. Where a person is engaged in the

transportation of both passengers and freight, the

fraction above referred to shall be determined by means of

an average of the passenger revenue mile fraction and the

freight revenue mile fraction, weighted to reflect the

person's

(A) relative railway operating income from total

passenger and total freight service, as reported to the

Interstate Commerce Commission, in the case of

transportation by railroad, and

(B) relative gross receipts from passenger and

freight transportation, in case of transportation

other than by railroad.

(2) Such business income derived from transportation

by pipeline shall be apportioned to this State by

multiplying such income by a fraction, the numerator of

which is the revenue miles of the person in this State, and

the denominator of which is the revenue miles of the person

everywhere. For the purposes of this paragraph, a revenue

mile is the transportation by pipeline of 1 barrel of oil,

1,000 cubic feet of gas, or of any specified quantity of

any other substance, the distance of 1 mile for a

consideration.

(3) For taxable years ending on or after December 31,

2008, business income derived from providing

transportation services other than airline services shall

be apportioned to this State by using a fraction, (a) the

numerator of which shall be (i) all receipts from any

movement or shipment of people, goods, mail, oil, gas, or

any other substance (other than by airline) that both

originates and terminates in this State, plus (ii) that

portion of the person's gross receipts from movements or

shipments of people, goods, mail, oil, gas, or any other

substance (other than by airline) that originates in one

state or jurisdiction and terminates in another state or

jurisdiction, that is determined by the ratio that the

miles traveled in this State bears to total miles

everywhere and (b) the denominator of which shall be all

revenue derived from the movement or shipment of people,

goods, mail, oil, gas, or any other substance (other than

by airline). Where a taxpayer is engaged in the

transportation of both passengers and freight, the

fraction above referred to shall first be determined

separately for passenger miles and freight miles. Then an

average of the passenger miles fraction and the freight

miles fraction shall be weighted to reflect the taxpayer's:

(A) relative railway operating income from total

passenger and total freight service, as reported to the

Surface Transportation Board, in the case of

transportation by railroad; and

(B) relative gross receipts from passenger and

freight transportation, in case of transportation

other than by railroad.

(4) For taxable years ending on or after December 31,

2008, business income derived from furnishing airline

transportation services shall be apportioned to this State

by multiplying such income by a fraction, the numerator of

which is the revenue miles of the person in this State, and

the denominator of which is the revenue miles of the person

everywhere. For purposes of this paragraph, a revenue mile

is the transportation of one passenger or one net ton of

freight the distance of one mile for a consideration. If a

person is engaged in the transportation of both passengers

and freight, the fraction above referred to shall be

determined by means of an average of the passenger revenue

mile fraction and the freight revenue mile fraction,

weighted to reflect the person's relative gross receipts

from passenger and freight airline transportation.

(e) Combined apportionment. Where 2 or more persons are

engaged in a unitary business as described in subsection

(a)(27) of Section 1501, a part of which is conducted in this

State by one or more members of the group, the business income

attributable to this State by any such member or members shall

be apportioned by means of the combined apportionment method.

(f) Alternative allocation. If the allocation and

apportionment provisions of subsections (a) through (e) and of

subsection (h) do not, for taxable years ending before December

31, 2008, fairly represent the extent of a person's business

activity in this State, or, for taxable years ending on or

after December 31, 2008, fairly represent the market for the

person's goods, services, or other sources of business income,

the person may petition for, or the Director may, without a

petition, permit or require, in respect of all or any part of

the person's business activity, if reasonable:

(1) Separate accounting;

(2) The exclusion of any one or more factors;

(3) The inclusion of one or more additional factors

which will fairly represent the person's business

activities or market in this State; or

(4) The employment of any other method to effectuate an

equitable allocation and apportionment of the person's

business income.

(g) Cross reference. For allocation of business income by

residents, see Section 301(a).

(h) For tax years ending on or after December 31, 1998, the

apportionment factor of persons who apportion their business

income to this State under subsection (a) shall be equal to:

(1) for tax years ending on or after December 31, 1998

and before December 31, 1999, 16 2/3% of the property

factor plus 16 2/3% of the payroll factor plus 66 2/3% of

the sales factor;

(2) for tax years ending on or after December 31, 1999

and before December 31, 2000, 8 1/3% of the property factor

plus 8 1/3% of the payroll factor plus 83 1/3% of the sales

factor;

(3) for tax years ending on or after December 31, 2000,

the sales factor.

If, in any tax year ending on or after December 31, 1998 and

before December 31, 2000, the denominator of the payroll,

property, or sales factor is zero, the apportionment factor

computed in paragraph (1) or (2) of this subsection for that

year shall be divided by an amount equal to 100% minus the

percentage weight given to each factor whose denominator is

equal to zero.

(Source: P.A. 97-507, eff. 8-23-11; 97-636, eff. 6-1-12;

98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, eff. 7-16-14;

revised 10-19-15.)

(35 ILCS 5/507DDD)

Sec. 507DDD. Special Olympics Illinois and Special

Children's Checkoff. For taxable years beginning on or after

January 1, 2015, the Department shall print on its standard

individual income tax form a provision indicating that if the

taxpayer wishes to contribute to the Special Olympics Illinois

and Special Children's Charities Checkoff Fund as authorized by

Public Act 99-423 this amendatory Act of the 99th General

Assembly, he or she may do so by stating the amount of the

contribution (not less than $1) on the return and that the

contribution will reduce the taxpayer's refund or increase the

amount of payment to accompany the return. Failure to remit any

amount of increased payment shall reduce the contribution

accordingly. This Section shall not apply to an amended return.

For the purpose of this Section, the Department of Revenue must

distribute the moneys as provided in subsection 21.9(b) of the

Illinois Lottery Law: (i) 75% of the moneys to Special Olympics

Illinois to support the statewide training, competitions, and

programs for future Special Olympics athletes; and (ii) 25% of

the moneys to Special Children's Charities to support the City

of Chicago-wide training, competitions, and programs for

future Special Olympics athletes.

(Source: P.A. 99-423, eff. 8-20-15; revised 10-20-15.)

Section 160. The Service Use Tax Act is amended by changing

Section 3-10 as follows:

(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 MC/DD

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, 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. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;

98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.

7-29-15; revised 10-16-15.)

Section 165. The Service Occupation Tax Act is amended by

changing Section 3-10 as follows:

(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 MC/DD

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, 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. 98-104, eff. 7-22-13; 98-122, eff. 1-1-14;

98-756, eff. 7-16-14; 99-143, eff. 7-27-15; 99-180, eff.

7-29-15; revised 10-16-15.)

Section 170. The Property Tax Code is amended by changing

Sections 9-195, 15-168, 15-169, 15-172, and 15-175 as follows:

(35 ILCS 200/9-195)

Sec. 9-195. Leasing of exempt property.

(a) Except as provided in Sections 15-35, 15-55, 15-60,

15-100, 15-103, 15-160, and 15-185, when property which is

exempt from taxation is leased to another whose property is not

exempt, and the leasing of which does not make the property

taxable, the leasehold estate and the appurtenances shall be

listed as the property of the lessee thereof, or his or her

assignee. Taxes on that property shall be collected in the same

manner as on property that is not exempt, and the lessee shall

be liable for those taxes. However, no tax lien shall attach to

the exempt real estate. The changes made by Public Act 90-562

this amendatory Act of 1997 and by Public Act 91-513 this

amendatory Act of the 91st General Assembly are declaratory of

existing law and shall not be construed as a new enactment. The

changes made by Public Acts 88-221 and 88-420 that are

incorporated into this Section by Public Act 88-670 this

amendatory Act of 1993 are declarative of existing law and are

not a new enactment.

(b) The provisions of this Section regarding taxation of

leasehold interests in exempt property do not apply to any

leasehold interest created pursuant to any transaction

described in subsection (e) of Section 15-35, subsection (c-5)

of Section 15-60, subsection (b) of Section 15-100, Section

15-103, Section 15-160, or Section 15-185 of this Code , or

Section 6c of the Downstate Forest Preserve District Act.

(Source: P.A. 99-219, eff. 7-31-15; revised 10-20-15.)

(35 ILCS 200/15-168)

Sec. 15-168. Homestead exemption for persons with

disabilities.

(a) Beginning with taxable year 2007, an annual homestead

exemption is granted to persons with disabilities 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 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.

(2) The person with a disability must be liable for

paying the real estate taxes on the property.

(3) The person with a disability 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 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, the ID/DD

Community Care Act, or the MC/DD 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" 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

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 for purposes of

this Act. A person with a disability 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 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. The person with a

disability 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.

(2) The person with a disability 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 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 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. 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 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 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. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; revised 10-20-15.)

(35 ILCS 200/15-169)

Sec. 15-169. Homestead exemption for veterans with

disabilities.

(a) Beginning with taxable year 2007, an annual homestead

exemption, limited to the amounts set forth in subsections (b)

and (b-3), is granted for property that is used as a qualified

residence by a veteran with a disability.

(b) For taxable years prior to 2015, 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-3) For taxable years 2015 and thereafter:

(1) if the veteran has a service connected disability

of 30% or more but less than 50%, as certified by the

United States Department of Veterans Affairs, then the

annual exemption is $2,500;

(2) if the veteran has a service connected disability

of 50% or more but less than 70%, as certified by the

United States Department of Veterans Affairs, then the

annual exemption is $5,000; and

(3) if the veteran has a service connected disability

of 70% or more, as certified by the United States

Department of Veterans Affairs, then the property is exempt

from taxation under this Code.

(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. 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. 98-1145, eff. 12-30-14; 99-143, eff. 7-27-15;

99-375, eff. 8-17-15; revised 10-9-15.)

(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 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, the ID/DD Community Care Act, or

the MC/DD 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. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; revised 10-21-15.)

(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 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.

(i-5) This subsection (i-5) applies to counties with

3,000,000 or more 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.

Upon receipt of a transfer declaration transmitted by the

recorder pursuant to Section 31-30 of the Real Estate Transfer

Tax Law for property receiving an exemption under this Section,

the assessor shall mail a notice and forms to the new owner of

the property providing information pertaining to the rules and

applicable filing periods for applying or reapplying for

homestead exemptions under this Code for which the property may

be eligible. If the new owner fails to apply or reapply for a

homestead exemption during the applicable filing period or the

property no longer qualifies for an existing homestead

exemption, the assessor shall cancel such exemption for any

ensuing assessment year.

(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. 98-7, eff. 4-23-13; 98-463, eff. 8-16-13; 99-143,

eff. 7-27-15; 99-164, eff. 7-28-15; revised 8-25-15.)

Section 175. The Electricity Excise Tax Law is amended by

changing Section 2-10 as follows:

(35 ILCS 640/2-10)

Sec. 2-10. Election and registration to be self-assessing

purchaser. Any purchaser for non-residential electric use may

elect to register with the Department as a self-assessing

purchaser and to pay the tax imposed by Section 2-4 directly to

the Department, at the rate stated in that Section for

self-assessing purchasers, rather than paying the tax to such

purchaser's delivering supplier. The election by a purchaser to

register as a self-assessing purchaser may not be revoked by

the purchaser for at least 2 years thereafter. A purchaser who

revokes his or her registration as a self-assessing purchaser

shall not thereafter be permitted to register as a

self-assessing purchaser within the succeeding 2 years. A

self-assessing purchaser shall renew his or her registration

every 2 years, or the registration shall be deemed to be

revoked.

Application for a certificate of registration as a

self-assessing purchaser shall be made to the Department upon

forms furnished by the Department and shall contain any

reasonable information the Department may require. The

self-assessing purchaser shall be required to disclose the name

of the delivering supplier or suppliers and each account

numbers for which the self-assessing purchaser elects to pay

the tax imposed by Section 2-4 directly to the Department. Upon

receipt of the application for a certificate of registration in

proper form and payment of a an non-refundable biennial fee of

$200, the Department shall issue to the applicant a certificate

of registration that permits the person to whom it was issued

to pay the tax incurred under this Law directly to the

Department for a period of 2 years. The Department shall notify

the delivering supplier or suppliers that the applicant has

been registered as a self-assessing purchaser for the accounts

listed by the self-assessing purchaser. A certificate of

registration under this Section shall be renewed upon

application and payment of a non-refundable biennial $200 fee,

subject to revocation as provided by this Law, for additional

2-year periods from the date of its expiration unless otherwise

notified by the Department.

Upon notification by the Department that an applicant has

been registered as a self-assessing purchaser, the delivering

supplier is no longer required to collect the tax imposed by

this Act for the accounts specifically listed by the

self-assessing purchaser, until the delivering supplier is

notified by the Department as set forth below that the

self-assessing purchaser's certificate of registration has

been expired, revoked, or denied.

The Department may deny a certificate of registration to

any applicant if the owner, any partner, any manager or member

of a limited liability company, or a corporate officer of the

applicant, is or has been the owner, a partner, a manager or

member of a limited liability company, or a corporate officer,

of another self-assessing purchaser that is in default for

moneys due under this Law.

Any person aggrieved by any decision of the Department

under this Section may, within 20 days after notice of such

decision, protest and request a hearing, whereupon the

Department shall give notice to such person of the time and

place fixed for such hearing and shall hold a hearing in

conformity with the provisions of this Law and then issue its

final administrative decision in the matter to such person. In

the absence of such a protest within 20 days, the Department's

decision shall become final without any further determination

being made or notice given. Upon the expiration, revocation, or

denial of a certificate of registration as a self-assessing

purchaser, the Department of Revenue shall provide written

notice of the expiration, revocation, or denial of the

certificate to the self-assessing purchaser's delivering

supplier or suppliers.

(Source: P.A. 90-561, eff. 8-1-98; 90-624, eff. 7-10-98;

revised 10-13-15.)

Section 180. The Illinois Pension Code is amended by

changing Sections 7-172.1 and 16-152 as follows:

(40 ILCS 5/7-172.1) (from Ch. 108 1/2, par. 7-172.1)

Sec. 7-172.1. Actions to enforce payments by

municipalities and instrumentalities.

(a) If any participating municipality or participating

instrumentality fails to transmit to the Fund contributions

required of it under this Article or contributions collected by

it from its participating employees for the purposes of this

Article for more than 60 days after the payment of such

contributions is due, the Fund, after giving notice to such

municipality or instrumentality, may certify to the State

Comptroller the amounts of such delinquent payments in

accordance with any applicable rules of the Comptroller, and

the Comptroller shall deduct the amounts so certified or any

part thereof from any payments of State funds to the

municipality or instrumentality involved and shall remit the

amount so deducted to the Fund. If State funds from which such

deductions may be made are not available, the Fund may proceed

against the municipality or instrumentality to recover the

amounts of such delinquent payments in the appropriate circuit

court.

(b) If any participating municipality fails to transmit to

the Fund contributions required of it under this Article or

contributions collected by it from its participating employees

for the purposes of this Article for more than 60 days after

the payment of such contributions is due, the Fund, after

giving notice to such municipality, may certify the fact of

such delinquent payment to the county treasurer of the county

in which such municipality is located, who shall thereafter

remit the amounts collected from the tax levied by the

municipality under Section 7-171 directly to the Fund.

(c) If reports furnished to the Fund by the municipality or

instrumentality involved are inadequate for the computation of

the amounts of such delinquent payments, the Fund may provide

for such audit of the records of the municipality or

instrumentality as may be required to establish the amounts of

such delinquent payments. The municipality or instrumentality

shall make its records available to the Fund for the purpose of

such audit. The cost of such audit shall be added to the amount

of the delinquent payments and shall be recovered by the Fund

from the municipality or instrumentality at the same time and

in the same manner as the delinquent payments are recovered.

(Source: P.A. 99-8, eff. 7-9-15; 99-239, eff. 8-3-15; revised

10-8-15.)

(40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)

(Text of Section WITH the changes made by P.A. 98-599,

which has been held unconstitutional)

Sec. 16-152. Contributions by members.

(a) Except as provided in subsection (a-5), each member

shall make contributions for membership service to this System

as follows:

(1) Effective July 1, 1998, contributions of 7.50% of

salary towards the cost of the retirement annuity. Such

contributions shall be deemed "normal contributions".

(2) Effective July 1, 1969 and, in the case of Tier 1

members, ending on June 30, 2014, contributions of 1/2 of

1% of salary toward the cost of the automatic annual

increase in retirement annuity provided under Section

16-133.1.

(3) Effective July 24, 1959, contributions of 1% of

salary towards the cost of survivor benefits. Such

contributions shall not be credited to the individual

account of the member and shall not be subject to refund

except as provided under Section 16-143.2.

(4) Effective July 1, 2005, contributions of 0.40% of

salary toward the cost of the early retirement without

discount option provided under Section 16-133.2. This

contribution shall cease upon termination of the early

retirement without discount option as provided in Section

16-133.2.

(a-5) Beginning July 1, 2014, in lieu of the contribution

otherwise required under paragraph (1) of subsection (a), each

Tier 1 member shall contribute 7% of salary towards the cost of

the retirement annuity. Contributions made pursuant to this

subsection (a-5) shall be deemed "normal contributions".

(b) The minimum required contribution for any year of

full-time teaching service shall be $192.

(c) Contributions shall not be required of any annuitant

receiving a retirement annuity who is given employment as

permitted under Section 16-118 or 16-150.1.

(d) A person who (i) was a member before July 1, 1998, (ii)

retires with more than 34 years of creditable service, and

(iii) does not elect to qualify for the augmented rate under

Section 16-129.1 shall be entitled, at the time of retirement,

to receive a partial refund of contributions made under this

Section for service occurring after the later of June 30, 1998

or attainment of 34 years of creditable service, in an amount

equal to 1.00% of the salary upon which those contributions

were based.

(e) A member's contributions toward the cost of early

retirement without discount made under item (a)(4) of this

Section shall not be refunded if the member has elected early

retirement without discount under Section 16-133.2 and has

begun to receive a retirement annuity under this Article

calculated in accordance with that election. Otherwise, a

member's contributions toward the cost of early retirement

without discount made under item (a)(4) of this Section shall

be refunded according to whichever one of the following

circumstances occurs first:

(1) The contributions shall be refunded to the member,

without interest, within 120 days after the member's

retirement annuity commences, if the member does not elect

early retirement without discount under Section 16-133.2.

(2) The contributions shall be included, without

interest, in any refund claimed by the member under Section

16-151.

(3) The contributions shall be refunded to the member's

designated beneficiary (or if there is no beneficiary, to

the member's estate), without interest, if the member dies

without having begun to receive a retirement annuity under

this Article.

(4) The contributions shall be refunded to the member,

without interest, if the early retirement without discount

option provided under subsection (d) of Section 16-133.2 is

terminated. In that event, the System shall provide to the

member, within 120 days after the option is terminated, an

application for a refund of those contributions.

(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; 98-599,

eff. 6-1-14.)

(Text of Section WITHOUT the changes made by P.A. 98-599,

which has been held unconstitutional)

Sec. 16-152. Contributions by members.

(a) Each member shall make contributions for membership

service to this System as follows:

(1) Effective July 1, 1998, contributions of 7.50% of

salary towards the cost of the retirement annuity. Such

contributions shall be deemed "normal contributions".

(2) Effective July 1, 1969, contributions of 1/2 of 1%

of salary toward the cost of the automatic annual increase

in retirement annuity provided under Section 16-133.1.

(3) Effective July 24, 1959, contributions of 1% of

salary towards the cost of survivor benefits. Such

contributions shall not be credited to the individual

account of the member and shall not be subject to refund

except as provided under Section 16-143.2.

(4) Effective July 1, 2005, contributions of 0.40% of

salary toward the cost of the early retirement without

discount option provided under Section 16-133.2. This

contribution shall cease upon termination of the early

retirement without discount option as provided in Section

16-133.2.

(b) The minimum required contribution for any year of

full-time teaching service shall be $192.

(c) Contributions shall not be required of any annuitant

receiving a retirement annuity who is given employment as

permitted under Section 16-118 or 16-150.1.

(d) A person who (i) was a member before July 1, 1998, (ii)

retires with more than 34 years of creditable service, and

(iii) does not elect to qualify for the augmented rate under

Section 16-129.1 shall be entitled, at the time of retirement,

to receive a partial refund of contributions made under this

Section for service occurring after the later of June 30, 1998

or attainment of 34 years of creditable service, in an amount

equal to 1.00% of the salary upon which those contributions

were based.

(e) A member's contributions toward the cost of early

retirement without discount made under item (a)(4) of this

Section shall not be refunded if the member has elected early

retirement without discount under Section 16-133.2 and has

begun to receive a retirement annuity under this Article

calculated in accordance with that election. Otherwise, a

member's contributions toward the cost of early retirement

without discount made under item (a)(4) of this Section shall

be refunded according to whichever one of the following

circumstances occurs first:

(1) The contributions shall be refunded to the member,

without interest, within 120 days after the member's

retirement annuity commences, if the member does not elect

early retirement without discount under Section 16-133.2.

(2) The contributions shall be included, without

interest, in any refund claimed by the member under Section

16-151.

(3) The contributions shall be refunded to the member's

designated beneficiary (or if there is no beneficiary, to

the member's estate), without interest, if the member dies

without having begun to receive a retirement annuity under

this Article.

(4) The contributions shall be refunded to the member,

without interest, if the early retirement without discount

option provided under subsection (d) of Section 16-133.2 is

terminated. In that event, the System shall provide to the

member, within 120 days after the option is terminated, an

application for a refund of those contributions.

(Source: P.A. 98-42, eff. 6-28-13; 98-92, eff. 7-16-13; revised

7-23-13.)

Section 185. The Innovation Development and Economy Act is

amended by changing Sections 10 and 40 as follows:

(50 ILCS 470/10)

Sec. 10. Definitions. As used in this Act, the following

words and phrases shall have the following meanings unless a

different meaning clearly appears from the context:

"Base year" means the calendar year immediately prior to

the calendar year in which the STAR bond district is

established.

"Commence work" means the manifest commencement of actual

operations on the development site, such as, erecting a

building, general on-site and off-site grading and utility

installations, commencing design and construction

documentation, ordering lead-time materials, excavating the

ground to lay a foundation or a basement, or work of like

description which a reasonable person would recognize as being

done with the intention and purpose to continue work until the

project is completed.

"County" means the county in which a proposed STAR bond

district is located.

"De minimis minimus" means an amount less than 15% of the

land area within a STAR bond district.

"Department of Revenue" means the Department of Revenue of

the State of Illinois.

"Destination user" means an owner, operator, licensee,

co-developer, subdeveloper, or tenant (i) that operates a

business within a STAR bond district that is a retail store

having at least 150,000 square feet of sales floor area; (ii)

that at the time of opening does not have another Illinois

location within a 70 mile radius; (iii) that has an annual

average of not less than 30% of customers who travel from at

least 75 miles away or from out-of-state, as demonstrated by

data from a comparable existing store or stores, or, if there

is no comparable existing store, as demonstrated by an economic

analysis that shows that the proposed retailer will have an

annual average of not less than 30% of customers who travel

from at least 75 miles away or from out-of-state; and (iv) that

makes an initial capital investment, including project costs

and other direct costs, of not less than $30,000,000 for such

retail store.

"Destination hotel" means a hotel (as that term is defined

in Section 2 of the Hotel Operators' Occupation Tax Act)

complex having at least 150 guest rooms and which also includes

a venue for entertainment attractions, rides, or other

activities oriented toward the entertainment and amusement of

its guests and other patrons.

"Developer" means any individual, corporation, trust,

estate, partnership, limited liability partnership, limited

liability company, or other entity. The term does not include a

not-for-profit entity, political subdivision, or other agency

or instrumentality of the State.

"Director" means the Director of Revenue, who shall consult

with the Director of Commerce and Economic Opportunity in any

approvals or decisions required by the Director under this Act.

"Economic impact study" means a study conducted by an

independent economist to project the financial benefit of the

proposed STAR bond project to the local, regional, and State

economies, consider the proposed adverse impacts on similar

projects and businesses, as well as municipalities within the

projected market area, and draw conclusions about the net

effect of the proposed STAR bond project on the local,

regional, and State economies. A copy of the economic impact

study shall be provided to the Director for review.

"Eligible area" means any improved or vacant area that (i)

is contiguous and is not, in the aggregate, less than 250 acres

nor more than 500 acres which must include only parcels of real

property directly and substantially benefited by the proposed

STAR bond district plan, (ii) is adjacent to a federal

interstate highway, (iii) is within one mile of 2 State

highways, (iv) is within one mile of an entertainment user, or

a major or minor league sports stadium or other similar

entertainment venue that had an initial capital investment of

at least $20,000,000, and (v) includes land that was previously

surface or strip mined. The area may be bisected by streets,

highways, roads, alleys, railways, bike paths, streams,

rivers, and other waterways and still be deemed contiguous. In

addition, in order to constitute an eligible area one of the

following requirements must be satisfied and all of which are

subject to the review and approval of the Director as provided

in subsection (d) of Section 15:

(a) the governing body of the political subdivision

shall have determined that the area meets the requirements

of a "blighted area" as defined under the Tax Increment

Allocation Redevelopment Act; or

(b) the governing body of the political subdivision

shall have determined that the area is a blighted area as

determined under the provisions of Section 11-74.3-5 of the

Illinois Municipal Code; or

(c) the governing body of the political subdivision

shall make the following findings:

(i) that the vacant portions of the area have

remained vacant for at least one year, or that any

building located on a vacant portion of the property

was demolished within the last year and that the

building would have qualified under item (ii) of this

subsection;

(ii) if portions of the area are currently

developed, that the use, condition, and character of

the buildings on the property are not consistent with

the purposes set forth in Section 5;

(iii) that the STAR bond district is expected to

create or retain job opportunities within the

political subdivision;

(iv) that the STAR bond district will serve to

further the development of adjacent areas;

(v) that without the availability of STAR bonds,

the projects described in the STAR bond district plan

would not be possible;

(vi) that the master developer meets high

standards of creditworthiness and financial strength

as demonstrated by one or more of the following: (i)

corporate debenture ratings of BBB or higher by

Standard & Poor's Corporation or Baa or higher by

Moody's Investors Service, Inc.; (ii) a letter from a

financial institution with assets of $10,000,000 or

more attesting to the financial strength of the master

developer; or (iii) specific evidence of equity

financing for not less than 10% of the estimated total

STAR bond project costs;

(vii) that the STAR bond district will strengthen

the commercial sector of the political subdivision;

(viii) that the STAR bond district will enhance the

tax base of the political subdivision; and

(ix) that the formation of a STAR bond district is

in the best interest of the political subdivision.

"Entertainment user" means an owner, operator, licensee,

co-developer, subdeveloper, or tenant that operates a business

within a STAR bond district that has a primary use of providing

a venue for entertainment attractions, rides, or other

activities oriented toward the entertainment and amusement of

its patrons, occupies at least 20 acres of land in the STAR

bond district, and makes an initial capital investment,

including project costs and other direct and indirect costs, of

not less than $25,000,000 for that venue.

"Feasibility study" means a feasibility study as defined in

subsection (b) of Section 20.

"Infrastructure" means the public improvements and private

improvements that serve the public purposes set forth in

Section 5 of this Act and that benefit the STAR bond district

or any STAR bond projects, including, but not limited to,

streets, drives and driveways, traffic and directional signs

and signals, parking lots and parking facilities,

interchanges, highways, sidewalks, bridges, underpasses and

overpasses, bike and walking trails, sanitary storm sewers and

lift stations, drainage conduits, channels, levees, canals,

storm water detention and retention facilities, utilities and

utility connections, water mains and extensions, and street and

parking lot lighting and connections.

"Local sales taxes" means any locally imposed taxes

received by a municipality, county, or other local governmental

entity arising from sales by retailers and servicemen within a

STAR bond district, including business district sales taxes and

STAR bond occupation taxes, and that portion of the net revenue

realized under the Retailers' Occupation Tax Act, the Use Tax

Act, the Service Use Tax Act, and the Service Occupation Tax

Act from transactions at places of business located within a

STAR bond district that is deposited into the Local Government

Tax Fund and the County and Mass Transit District Fund. For the

purpose of this Act, "local sales taxes" does not include (i)

any taxes authorized pursuant to the Local Mass Transit

District Act or the Metro-East Park and Recreation District Act

for so long as the applicable taxing district does not impose a

tax on real property, (ii) county school facility occupation

taxes imposed pursuant to Section 5-1006.7 of the Counties

Code, or (iii) any taxes authorized under the Flood Prevention

District Act.

"Local sales tax increment" means, with respect to local

sales taxes administered by the Illinois Department of Revenue,

(i) all of the local sales tax paid by destination users,

destination hotels, and entertainment users that is in excess

of the local sales tax paid by destination users, destination

hotels, and entertainment users for the same month in the base

year, as determined by the Illinois Department of Revenue, (ii)

in the case of a municipality forming a STAR bond district that

is wholly within the corporate boundaries of the municipality

and in the case of a municipality and county forming a STAR

bond district that is only partially within such municipality,

that portion of the local sales tax paid by taxpayers that are

not destination users, destination hotels, or entertainment

users that is in excess of the local sales tax paid by

taxpayers that are not destination users, destination hotels,

or entertainment users for the same month in the base year, as

determined by the Illinois Department of Revenue, and (iii) in

the case of a county in which a STAR bond district is formed

that is wholly within a municipality, that portion of the local

sales tax paid by taxpayers that are not destination users,

destination hotels, or entertainment users that is in excess of

the local sales tax paid by taxpayers that are not destination

users, destination hotels, or entertainment users for the same

month in the base year, as determined by the Illinois

Department of Revenue, but only if the corporate authorities of

the county adopts an ordinance, and files a copy with the

Department within the same time frames as required for STAR

bond occupation taxes under Section 31, that designates the

taxes referenced in this clause (iii) as part of the local

sales tax increment under this Act. "Local sales tax increment"

means, with respect to local sales taxes administered by a

municipality, county, or other unit of local government, that

portion of the local sales tax that is in excess of the local

sales tax for the same month in the base year, as determined by

the respective municipality, county, or other unit of local

government. If any portion of local sales taxes are, at the

time of formation of a STAR bond district, already subject to

tax increment financing under the Tax Increment Allocation

Redevelopment Act, then the local sales tax increment for such

portion shall be frozen at the base year established in

accordance with this Act, and all future incremental increases

shall be included in the "local sales tax increment" under this

Act. Any party otherwise entitled to receipt of incremental

local sales tax revenues through an existing tax increment

financing district shall be entitled to continue to receive

such revenues up to the amount frozen in the base year. Nothing

in this Act shall affect the prior qualification of existing

redevelopment project costs incurred that are eligible for

reimbursement under the Tax Increment Allocation Redevelopment

Act. In such event, prior to approving a STAR bond district,

the political subdivision forming the STAR bond district shall

take such action as is necessary, including amending the

existing tax increment financing district redevelopment plan,

to carry out the provisions of this Act. The Illinois

Department of Revenue shall allocate the local sales tax

increment only if the local sales tax is administered by the

Department.

"Market study" means a study to determine the ability of

the proposed STAR bond project to gain market share locally and

regionally and to remain profitable past the term of repayment

of STAR bonds.

"Master developer" means a developer cooperating with a

political subdivision to plan, develop, and implement a STAR

bond project plan for a STAR bond district. Subject to the

limitations of Section 25, the master developer may work with

and transfer certain development rights to other developers for

the purpose of implementing STAR bond project plans and

achieving the purposes of this Act. A master developer for a

STAR bond district shall be appointed by a political

subdivision in the resolution establishing the STAR bond

district, and the master developer must, at the time of

appointment, own or have control of, through purchase

agreements, option contracts, or other means, not less than 50%

of the acreage within the STAR bond district and the master

developer or its affiliate must have ownership or control on

June 1, 2010.

"Master development agreement" means an agreement between

the master developer and the political subdivision to govern a

STAR bond district and any STAR bond projects.

"Municipality" means the city, village, or incorporated

town in which a proposed STAR bond district is located.

"Pledged STAR revenues" means those sales tax and revenues

and other sources of funds pledged to pay debt service on STAR

bonds or to pay project costs pursuant to Section 30.

Notwithstanding any provision to the contrary, the following

revenues shall not constitute pledged STAR revenues or be

available to pay principal and interest on STAR bonds: any

State sales tax increment or local sales tax increment from a

retail entity initiating operations in a STAR bond district

while terminating operations at another Illinois location

within 25 miles of the STAR bond district. For purposes of this

paragraph, "terminating operations" means a closing of a retail

operation that is directly related to the opening of the same

operation or like retail entity owned or operated by more than

50% of the original ownership in a STAR bond district within

one year before or after initiating operations in the STAR bond

district, but it does not mean closing an operation for reasons

beyond the control of the retail entity, as documented by the

retail entity, subject to a reasonable finding by the

municipality (or county if such retail operation is not located

within a municipality) in which the terminated operations were

located that the closed location contained inadequate space,

had become economically obsolete, or was no longer a viable

location for the retailer or serviceman.

"Political subdivision" means a municipality or county

which undertakes to establish a STAR bond district pursuant to

the provisions of this Act.

"Project costs" means and includes the sum total of all

costs incurred or estimated to be incurred on or following the

date of establishment of a STAR bond district that are

reasonable or necessary to implement a STAR bond district plan

or any STAR bond project plans, or both, including costs

incurred for public improvements and private improvements that

serve the public purposes set forth in Section 5 of this Act.

Such costs include without limitation the following:

(a) costs of studies, surveys, development of plans and

specifications, formation, implementation, and

administration of a STAR bond district, STAR bond district

plan, any STAR bond projects, or any STAR bond project

plans, including, but not limited to, staff and

professional service costs for architectural, engineering,

legal, financial, planning, or other services, provided

however that no charges for professional services may be

based on a percentage of the tax increment collected and no

contracts for professional services, excluding

architectural and engineering services, may be entered

into if the terms of the contract extend beyond a period of

3 years;

(b) property assembly costs, including, but not

limited to, acquisition of land and other real property or

rights or interests therein, located within the boundaries

of a STAR bond district, demolition of buildings, site

preparation, site improvements that serve as an engineered

barrier addressing ground level or below ground

environmental contamination, including, but not limited

to, parking lots and other concrete or asphalt barriers,

the clearing and grading of land, and importing additional

soil and fill materials, or removal of soil and fill

materials from the site;

(c) subject to paragraph (d), costs of buildings and

other vertical improvements that are located within the

boundaries of a STAR bond district and owned by a political

subdivision or other public entity, including without

limitation police and fire stations, educational

facilities, and public restrooms and rest areas;

(c-1) costs of buildings and other vertical

improvements that are located within the boundaries of a

STAR bond district and owned by a destination user or

destination hotel; except that only 2 destination users in

a STAR bond district and one destination hotel are eligible

to include the cost of those vertical improvements as

project costs;

(c-5) costs of buildings; rides and attractions, which

include carousels, slides, roller coasters, displays,

models, towers, works of art, and similar theme and

amusement park improvements; and other vertical

improvements that are located within the boundaries of a

STAR bond district and owned by an entertainment user;

except that only one entertainment user in a STAR bond

district is eligible to include the cost of those vertical

improvements as project costs;

(d) costs of the design and construction of

infrastructure and public works located within the

boundaries of a STAR bond district that are reasonable or

necessary to implement a STAR bond district plan or any

STAR bond project plans, or both, except that project costs

shall not include the cost of constructing a new municipal

public building principally used to provide offices,

storage space, or conference facilities or vehicle

storage, maintenance, or repair for administrative, public

safety, or public works personnel and that is not intended

to replace an existing public building unless the political

subdivision makes a reasonable determination in a STAR bond

district plan or any STAR bond project plans, supported by

information that provides the basis for that

determination, that the new municipal building is required

to meet an increase in the need for public safety purposes

anticipated to result from the implementation of the STAR

bond district plan or any STAR bond project plans;

(e) costs of the design and construction of the

following improvements located outside the boundaries of a

STAR bond district, provided that the costs are essential

to further the purpose and development of a STAR bond

district plan and either (i) part of and connected to

sewer, water, or utility service lines that physically

connect to the STAR bond district or (ii) significant

improvements for adjacent offsite highways, streets,

roadways, and interchanges that are approved by the

Illinois Department of Transportation. No other cost of

infrastructure and public works improvements located

outside the boundaries of a STAR bond district may be

deemed project costs;

(f) costs of job training and retraining projects,

including the cost of "welfare to work" programs

implemented by businesses located within a STAR bond

district;

(g) financing costs, including, but not limited to, all

necessary and incidental expenses related to the issuance

of obligations and which may include payment of interest on

any obligations issued hereunder including interest

accruing during the estimated period of construction of any

improvements in a STAR bond district or any STAR bond

projects for which such obligations are issued and for not

exceeding 36 months thereafter and including reasonable

reserves related thereto;

(h) to the extent the political subdivision by written

agreement accepts and approves the same, all or a portion

of a taxing district's capital costs resulting from a STAR

bond district or STAR bond projects necessarily incurred or

to be incurred within a taxing district in furtherance of

the objectives of a STAR bond district plan or STAR bond

project plans;

(i) interest cost incurred by a developer for project

costs related to the acquisition, formation,

implementation, development, construction, and

administration of a STAR bond district, STAR bond district

plan, STAR bond projects, or any STAR bond project plans

provided that:

(i) payment of such costs in any one year may not

exceed 30% of the annual interest costs incurred by the

developer with regard to the STAR bond district or any

STAR bond projects during that year; and

(ii) the total of such interest payments paid

pursuant to this Act may not exceed 30% of the total

cost paid or incurred by the developer for a STAR bond

district or STAR bond projects, plus project costs,

excluding any property assembly costs incurred by a

political subdivision pursuant to this Act;

(j) costs of common areas located within the boundaries

of a STAR bond district;

(k) costs of landscaping and plantings, retaining

walls and fences, man-made lakes and ponds, shelters,

benches, lighting, and similar amenities located within

the boundaries of a STAR bond district;

(l) costs of mounted building signs, site monument, and

pylon signs located within the boundaries of a STAR bond

district; or

(m) if included in the STAR bond district plan and

approved in writing by the Director, salaries or a portion

of salaries for local government employees to the extent

the same are directly attributable to the work of such

employees on the establishment and management of a STAR

bond district or any STAR bond projects.

Except as specified in items (a) through (m), "project

costs" shall not include:

(i) the cost of construction of buildings that are

privately owned or owned by a municipality and leased to a

developer or retail user for non-entertainment retail

uses;

(ii) moving expenses for employees of the businesses

locating within the STAR bond district;

(iii) property taxes for property located in the STAR

bond district;

(iv) lobbying costs; and

(v) general overhead or administrative costs of the

political subdivision that would still have been incurred

by the political subdivision if the political subdivision

had not established a STAR bond district.

"Project development agreement" means any one or more

agreements, including any amendments thereto, between a master

developer and any co-developer or subdeveloper in connection

with a STAR bond project, which project development agreement

may include the political subdivision as a party.

"Projected market area" means any area within the State in

which a STAR bond district or STAR bond project is projected to

have a significant fiscal or market impact as determined by the

Director.

"Resolution" means a resolution, order, ordinance, or

other appropriate form of legislative action of a political

subdivision or other applicable public entity approved by a

vote of a majority of a quorum at a meeting of the governing

body of the political subdivision or applicable public entity.

"STAR bond" means a sales tax and revenue bond, note, or

other obligation payable from pledged STAR revenues and issued

by a political subdivision, the proceeds of which shall be used

only to pay project costs as defined in this Act.

"STAR bond district" means the specific area declared to be

an eligible area as determined by the political subdivision,

and approved by the Director, in which the political

subdivision may develop one or more STAR bond projects.

"STAR bond district plan" means the preliminary or

conceptual plan that generally identifies the proposed STAR

bond project areas and identifies in a general manner the

buildings, facilities, and improvements to be constructed or

improved in each STAR bond project area.

"STAR bond project" means a project within a STAR bond

district which is approved pursuant to Section 20.

"STAR bond project area" means the geographic area within a

STAR bond district in which there may be one or more STAR bond

projects.

"STAR bond project plan" means the written plan adopted by

a political subdivision for the development of a STAR bond

project in a STAR bond district; the plan may include, but is

not limited to, (i) project costs incurred prior to the date of

the STAR bond project plan and estimated future STAR bond

project costs, (ii) proposed sources of funds to pay those

costs, (iii) the nature and estimated term of any obligations

to be issued by the political subdivision to pay those costs,

(iv) the most recent equalized assessed valuation of the STAR

bond project area, (v) an estimate of the equalized assessed

valuation of the STAR bond district or applicable project area

after completion of a STAR bond project, (vi) a general

description of the types of any known or proposed developers,

users, or tenants of the STAR bond project or projects included

in the plan, (vii) a general description of the type,

structure, and character of the property or facilities to be

developed or improved, (viii) a description of the general land

uses to apply to the STAR bond project, and (ix) a general

description or an estimate of the type, class, and number of

employees to be employed in the operation of the STAR bond

project.

"State sales tax" means all of the net revenue realized

under the Retailers' Occupation Tax Act, the Use Tax Act, the

Service Use Tax Act, and the Service Occupation Tax Act from

transactions at places of business located within a STAR bond

district, excluding that portion of the net revenue realized

under the Retailers' Occupation Tax Act, the Use Tax Act, the

Service Use Tax Act, and the Service Occupation Tax Act from

transactions at places of business located within a STAR bond

district that is deposited into the Local Government Tax Fund

and the County and Mass Transit District Fund.

"State sales tax increment" means (i) 100% of that portion

of the State sales tax that is in excess of the State sales tax

for the same month in the base year, as determined by the

Department of Revenue, from transactions at up to 2 destination

users, one destination hotel, and one entertainment user

located within a STAR bond district, which destination users,

destination hotel, and entertainment user shall be designated

by the master developer and approved by the political

subdivision and the Director in conjunction with the applicable

STAR bond project approval, and (ii) 25% of that portion of the

State sales tax that is in excess of the State sales tax for

the same month in the base year, as determined by the

Department of Revenue, from all other transactions within a

STAR bond district. If any portion of State sales taxes are, at

the time of formation of a STAR bond district, already subject

to tax increment financing under the Tax Increment Allocation

Redevelopment Act, then the State sales tax increment for such

portion shall be frozen at the base year established in

accordance with this Act, and all future incremental increases

shall be included in the State sales tax increment under this

Act. Any party otherwise entitled to receipt of incremental

State sales tax revenues through an existing tax increment

financing district shall be entitled to continue to receive

such revenues up to the amount frozen in the base year. Nothing

in this Act shall affect the prior qualification of existing

redevelopment project costs incurred that are eligible for

reimbursement under the Tax Increment Allocation Redevelopment

Act. In such event, prior to approving a STAR bond district,

the political subdivision forming the STAR bond district shall

take such action as is necessary, including amending the

existing tax increment financing district redevelopment plan,

to carry out the provisions of this Act.

"Substantial change" means a change wherein the proposed

STAR bond project plan differs substantially in size, scope, or

use from the approved STAR bond district plan or STAR bond

project plan.

"Taxpayer" means an individual, partnership, corporation,

limited liability company, trust, estate, or other entity that

is subject to the Illinois Income Tax Act.

"Total development costs" means the aggregate public and

private investment in a STAR bond district, including project

costs and other direct and indirect costs related to the

development of the STAR bond district.

"Traditional retail use" means the operation of a business

that derives at least 90% of its annual gross revenue from

sales at retail, as that phrase is defined by Section 1 of the

Retailers' Occupation Tax Act, but does not include the

operations of destination users, entertainment users,

restaurants, hotels, retail uses within hotels, or any other

non-retail uses.

"Vacant" means that portion of the land in a proposed STAR

bond district that is not occupied by a building, facility, or

other vertical improvement.

(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11;

revised 10-16-15.)

(50 ILCS 470/40)

Sec. 40. Amendments to STAR bond district. Any addition of

real property to a STAR bond district or any substantial change

to a STAR bond district plan shall be subject to the same

procedure for public notice, hearing, and approval as is

required for the establishment of the STAR bond district

pursuant to this Act.

(a) The addition or removal of land to or from a STAR bond

district shall require the consent of the master developer of

the STAR bond district.

(b) Any land that is outside of, but is contiguous to an

established STAR bond district and is subsequently owned,

leased, or controlled by the master developer shall be added to

a STAR bond district at the request of the master developer and

by approval of the political subdivision, provided that the

land becomes a part of a STAR bond project area.

(c) If a political subdivision has undertaken a STAR bond

project within a STAR bond district, and the political

subdivision desires to subsequently remove more than a de

minimis minimus amount of real property from the STAR bond

district, then prior to any removal of property the political

subdivision must provide a revised feasibility study showing

that the pledged STAR revenues from the resulting STAR bond

district within which the STAR bond project is located are

estimated to be sufficient to pay the project costs. If the

revenue from the resulting STAR bond district is insufficient

to pay the project costs, then the property may not be removed

from the STAR bond district. Any removal of real property from

a STAR bond district shall be approved by a resolution of the

governing body of the political subdivision.

(Source: P.A. 96-939, eff. 6-24-10; revised 10-16-15.)

Section 190. The Illinois Police Training Act is amended by

changing Section 7 and by setting forth and renumbering

multiple versions of Section 10.17 as follows:

(50 ILCS 705/7) (from Ch. 85, par. 507)

Sec. 7. Rules and standards for schools. The Board shall

adopt rules and minimum standards for such schools which shall

include but not be limited to the following:

a. The curriculum for probationary police officers which

shall be offered by all certified schools shall include but not

be limited to courses of procedural justice, arrest and use and

control tactics, search and seizure, including temporary

questioning, civil rights, human rights, human relations,

cultural competency, including implicit bias and racial and

ethnic sensitivity, criminal law, law of criminal procedure,

constitutional and proper use of law enforcement authority,

vehicle and traffic law including uniform and

non-discriminatory enforcement of the Illinois Vehicle Code,

traffic control and accident investigation, techniques of

obtaining physical evidence, court testimonies, statements,

reports, firearms training, training in the use of electronic

control devices, including the psychological and physiological

effects of the use of those devices on humans, first-aid

(including cardiopulmonary resuscitation), training in the

administration of opioid antagonists as defined in paragraph

(1) of subsection (e) of Section 5-23 of the Alcoholism and

Other Drug Abuse and Dependency Act, handling of juvenile

offenders, recognition of mental conditions, including, but

not limited to, the disease of addiction, which require

immediate assistance and methods to safeguard and provide

assistance to a person in need of mental treatment, recognition

of abuse, neglect, financial exploitation, and self-neglect of

adults with disabilities and older adults, as defined in

Section 2 of the Adult Protective Services Act, crimes against

the elderly, law of evidence, the hazards of high-speed police

vehicle chases with an emphasis on alternatives to the

high-speed chase, and physical training. The curriculum shall

include specific training in techniques for immediate response

to and investigation of cases of domestic violence and of

sexual assault of adults and children, including cultural

perceptions and common myths of rape as well as interview

techniques that are trauma informed, victim centered, and

victim sensitive. The curriculum shall include training in

techniques designed to promote effective communication at the

initial contact with crime victims and ways to comprehensively

explain to victims and witnesses their rights under the Rights

of Crime Victims and Witnesses Act and the Crime Victims

Compensation Act. The curriculum shall also include a block of

instruction aimed at identifying and interacting with persons

with autism and other developmental or physical disabilities,

reducing barriers to reporting crimes against persons with

autism, and addressing the unique challenges presented by cases

involving victims or witnesses with autism and other

developmental disabilities. The curriculum for permanent

police officers shall include but not be limited to (1)

refresher and in-service training in any of the courses listed

above in this subparagraph, (2) advanced courses in any of the

subjects listed above in this subparagraph, (3) training for

supervisory personnel, and (4) specialized training in

subjects and fields to be selected by the board. The training

in the use of electronic control devices shall be conducted for

probationary police officers, including University police

officers.

b. Minimum courses of study, attendance requirements and

equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a

probationary police officer must satisfactorily complete

before being eligible for permanent employment as a local law

enforcement officer for a participating local governmental

agency. Those requirements shall include training in first aid

(including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a

probationary county corrections officer must satisfactorily

complete before being eligible for permanent employment as a

county corrections officer for a participating local

governmental agency.

f. Minimum basic training requirements which a

probationary court security officer must satisfactorily

complete before being eligible for permanent employment as a

court security officer for a participating local governmental

agency. The Board shall establish those training requirements

which it considers appropriate for court security officers and

shall certify schools to conduct that training.

A person hired to serve as a court security officer must

obtain from the Board a certificate (i) attesting to his or her

successful completion of the training course; (ii) attesting to

his or her satisfactory completion of a training program of

similar content and number of hours that has been found

acceptable by the Board under the provisions of this Act; or

(iii) attesting to the Board's determination that the training

course is unnecessary because of the person's extensive prior

law enforcement experience.

Individuals who currently serve as court security officers

shall be deemed qualified to continue to serve in that capacity

so long as they are certified as provided by this Act within 24

months of June 1, 1997 (the effective date of Public Act

89-685) this amendatory Act of 1996. Failure to be so

certified, absent a waiver from the Board, shall cause the

officer to forfeit his or her position.

All individuals hired as court security officers on or

after the effective date of this amendatory Act of 1996 shall

be certified within 12 months of the date of their hire, unless

a waiver has been obtained by the Board, or they shall forfeit

their positions.

The Sheriff's Merit Commission, if one exists, or the

Sheriff's Office if there is no Sheriff's Merit Commission,

shall maintain a list of all individuals who have filed

applications to become court security officers and who meet the

eligibility requirements established under this Act. Either

the Sheriff's Merit Commission, or the Sheriff's Office if no

Sheriff's Merit Commission exists, shall establish a schedule

of reasonable intervals for verification of the applicants'

qualifications under this Act and as established by the Board.

g. Minimum in-service training requirements, which a

police officer must satisfactorily complete every 3 years.

Those requirements shall include constitutional and proper use

of law enforcement authority, procedural justice, civil

rights, human rights, and cultural competency.

h. Minimum in-service training requirements, which a

police officer must satisfactorily complete at least annually.

Those requirements shall include law updates and use of force

training which shall include scenario based training, or

similar training approved by the Board.

(Source: P.A. 98-49, eff. 7-1-13; 98-358, eff. 1-1-14; 98-463,

eff. 8-16-13; 98-756, eff. 7-16-14; 99-352, eff. 1-1-16;

99-480, eff. 9-9-15; revised 10-20-15.)

(50 ILCS 705/10.17)

Sec. 10.17. Crisis intervention team training. The

Illinois Law Enforcement Training and Standards Board shall

develop and approve a standard curriculum for a certified

training program in crisis intervention addressing specialized

policing responses to people with mental illnesses. The Board

shall conduct Crisis Intervention Team (CIT) training programs

that train officers to identify signs and symptoms of mental

illness, to de-escalate situations involving individuals who

appear to have a mental illness, and connect that person in

crisis to treatment. Officers who have successfully completed

this program shall be issued a certificate attesting to their

attendance of a Crisis Intervention Team (CIT) training

program.

(Source: P.A. 99-261, eff. 1-1-16.)

(50 ILCS 705/10.18)

Sec. 10.18 10.17. Training; administration of opioid

antagonists. The Board shall conduct or approve an in-service

training program for police officers in the administration of

opioid antagonists as defined in paragraph (1) of subsection

(e) of Section 5-23 of the Alcoholism and Other Drug Abuse and

Dependency Act that is in accordance with that Section. As used

in this Section 10.17, the term "police officers" includes

full-time or part-time probationary police officers, permanent

or part-time police officers, law enforcement officers,

recruits, permanent or probationary county corrections

officers, permanent or probationary county security officers,

and court security officers. The term does not include

auxiliary police officers as defined in Section 3.1-30-20 of

the Illinois Municipal Code.

(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)

Section 195. The Law Enforcement Officer-Worn Body Camera

Act is amended by changing Sections 10-10 and 10-20 as follows:

(50 ILCS 706/10-10)

Sec. 10-10. Definitions. As used in is this Act:

"Badge" means an officer's department issued

identification number associated with his or her position as a

police officer with that department.

"Board" means the Illinois Law Enforcement Training

Standards Board created by the Illinois Police Training Act.

"Business offense" means a petty offense for which the fine

is in excess of $1,000.

"Community caretaking function" means a task undertaken by

a law enforcement officer in which the officer is performing an

articulable act unrelated to the investigation of a crime.

"Community caretaking function" includes, but is not limited

to, participating in town halls or other community outreach,

helping a child find his or her parents, providing death

notifications, and performing in-home or hospital well-being

checks on the sick, elderly, or persons presumed missing.

"Fund" means the Law Enforcement Camera Grant Fund.

"In uniform" means a law enforcement officer who is wearing

any officially authorized uniform designated by a law

enforcement agency, or a law enforcement officer who is visibly

wearing articles of clothing, a badge, tactical gear, gun belt,

a patch, or other insignia that he or she is a law enforcement

officer acting in the course of his or her duties.

"Law enforcement officer" or "officer" means any person

employed by a State, county, municipality, special district,

college, unit of government, or any other entity authorized by

law to employ peace officers or exercise police authority and

who is primarily responsible for the prevention or detection of

crime and the enforcement of the laws of this State.

"Law enforcement agency" means all State agencies with law

enforcement officers, county sheriff's offices, municipal,

special district, college, or unit of local government police

departments.

"Law enforcement-related encounters or activities"

include, but are not limited to, traffic stops, pedestrian

stops, arrests, searches, interrogations, investigations,

pursuits, crowd control, traffic control, non-community

caretaking interactions with an individual while on patrol, or

any other instance in which the officer is enforcing the laws

of the municipality, county, or State. "Law

enforcement-related encounter or activities" does not include

when the officer is completing paperwork alone or only in the

presence of another law enforcement officer.

"Minor traffic offense" means a petty offense, business

offense, or Class C misdemeanor under the Illinois Vehicle Code

or a similar provision of a municipal or local ordinance.

"Officer-worn body camera" means an electronic camera

system for creating, generating, sending, receiving, storing,

displaying, and processing audiovisual recordings that may be

worn about the person of a law enforcement officer.

"Peace officer" has the meaning provided in Section 2-13 of

the Criminal Code of 2012.

"Petty offense" means any offense for which a sentence of

imprisonment is not an authorized disposition.

"Recording" means the process of capturing data or

information stored on a recording medium as required under this

Act.

"Recording medium" means any recording medium authorized

by the Board for the retention and playback of recorded audio

and video including, but not limited to, VHS, DVD, hard drive,

cloud storage, solid state, digital, flash memory technology,

or any other electronic medium.

(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)

(50 ILCS 706/10-20)

Sec. 10-20. Requirements.

(a) The Board shall develop basic guidelines for the use of

officer-worn body cameras by law enforcement agencies. The

guidelines developed by the Board shall be the basis for the

written policy which must be adopted by each law enforcement

agency which employs the use of officer-worn body cameras. The

written policy adopted by the law enforcement agency must

include, at a minimum, all of the following:

(1) Cameras must be equipped with pre-event recording,

capable of recording at least the 30 seconds prior to

camera activation, unless the officer-worn body camera was

purchased and acquired by the law enforcement agency prior

to July 1, 2015.

(2) Cameras must be capable of recording for a period

of 10 hours or more, unless the officer-worn body camera

was purchased and acquired by the law enforcement agency

prior to July 1, 2015.

(3) Cameras must be turned on at all times when the

officer is in uniform and is responding to calls for

service or engaged in any law enforcement-related

encounter or activity, that occurs while the officer is on

duty on-duty.

(A) If exigent circumstances exist which prevent

the camera from being turned on, the camera must be

turned on as soon as practicable.

(B) Officer-worn body cameras may be turned off

when the officer is inside of a patrol car which is

equipped with a functioning in-car camera; however,

the officer must turn on the camera upon exiting the

patrol vehicle for law enforcement-related encounters.

(4) Cameras must be turned off when:

(A) the victim of a crime requests that the camera

be turned off, and unless impractical or impossible,

that request is made on the recording;

(B) a witness of a crime or a community member who

wishes to report a crime requests that the camera be

turned off, and unless impractical or impossible that

request is made on the recording; or

(C) the officer is interacting with a confidential

informant used by the law enforcement agency.

However, an officer may continue to record or resume

recording a victim or a witness, if exigent circumstances

exist, or if the officer has reasonable articulable

suspicion that a victim or witness, or confidential

informant has committed or is in the process of committing

a crime. Under these circumstances, and unless impractical

or impossible, the officer must indicate on the recording

the reason for continuing to record despite the request of

the victim or witness.

(4.5) Cameras may be turned off when the officer is

engaged in community caretaking functions. However, the

camera must be turned on when the officer has reason to

believe that the person on whose behalf the officer is

performing a community caretaking function has committed

or is in the process of committing a crime. If exigent

circumstances exist which prevent the camera from being

turned on, the camera must be turned on as soon as

practicable.

(5) The officer must provide notice of recording to any

person if the person has a reasonable expectation of

privacy and proof of notice must be evident in the

recording. If exigent circumstances exist which prevent

the officer from providing notice, notice must be provided

as soon as practicable.

(6) For the purposes of redaction, labeling, or

duplicating recordings, access to camera recordings shall

be restricted to only those personnel responsible for those

purposes. The recording officer and his or her supervisor

may access and review recordings prior to completing

incident reports or other documentation, provided that the

officer or his or her supervisor discloses that fact in the

report or documentation.

(7) Recordings made on officer-worn cameras must be

retained by the law enforcement agency or by the camera

vendor used by the agency, on a recording medium for a

period of 90 days.

(A) Under no circumstances shall any recording

made with an officer-worn body camera be altered,

erased, or destroyed prior to the expiration of the

90-day storage period.

(B) Following the 90-day storage period, any and

all recordings made with an officer-worn body camera

must be destroyed, unless any encounter captured on the

recording has been flagged. An encounter is deemed to

be flagged when:

(i) a formal or informal complaint has been

filed;

(ii) the officer discharged his or her firearm

or used force during the encounter;

(iii) death or great bodily harm occurred to

any person in the recording;

(iv) the encounter resulted in a detention or

an arrest, excluding traffic stops which resulted

in only a minor traffic offense or business

offense;

(v) the officer is the subject of an internal

investigation or otherwise being investigated for

possible misconduct;

(vi) the supervisor of the officer,

prosecutor, defendant, or court determines that

the encounter has evidentiary value in a criminal

prosecution; or

(vii) the recording officer requests that the

video be flagged for official purposes related to

his or her official duties.

(C) Under no circumstances shall any recording

made with an officer-worn body camera relating to a

flagged encounter be altered or destroyed prior to 2

years after the recording was flagged. If the flagged

recording was used in a criminal, civil, or

administrative proceeding, the recording shall not be

destroyed except upon a final disposition and order

from the court.

(8) Following the 90-day storage period, recordings

may be retained if a supervisor at the law enforcement

agency designates the recording for training purposes. If

the recording is designated for training purposes, the

recordings may be viewed by officers, in the presence of a

supervisor or training instructor, for the purposes of

instruction, training, or ensuring compliance with agency

policies.

(9) Recordings shall not be used to discipline law

enforcement officers unless:

(A) a formal or informal complaint of misconduct

has been made;

(B) a use of force incident has occurred;

(C) the encounter on the recording could result in

a formal investigation under the Uniform Peace

Officers' Disciplinary Act; or

(D) as corroboration of other evidence of

misconduct.

Nothing in this paragraph (9) shall be construed to

limit or prohibit a law enforcement officer from being

subject to an action that does not amount to discipline.

(10) The law enforcement agency shall ensure proper

care and maintenance of officer-worn body cameras. Upon

becoming aware, officers must as soon as practical document

and notify the appropriate supervisor of any technical

difficulties, failures, or problems with the officer-worn

body camera or associated equipment. Upon receiving

notice, the appropriate supervisor shall make every

reasonable effort to correct and repair any of the

officer-worn body camera equipment.

(11) No officer may hinder or prohibit any person, not

a law enforcement officer, from recording a law enforcement

officer in the performance of his or her duties in a public

place or when the officer has no reasonable expectation of

privacy. The law enforcement agency's written policy shall

indicate the potential criminal penalties, as well as any

departmental discipline, which may result from unlawful

confiscation or destruction of the recording medium of a

person who is not a law enforcement officer. However, an

officer may take reasonable action to maintain safety and

control, secure crime scenes and accident sites, protect

the integrity and confidentiality of investigations, and

protect the public safety and order.

(b) Recordings made with the use of an officer-worn body

camera are not subject to disclosure under the Freedom of

Information Act, except that:

(1) if the subject of the encounter has a reasonable

expectation of privacy, at the time of the recording, any

recording which is flagged, due to the filing of a

complaint, discharge of a firearm, use of force, arrest or

detention, or resulting death or bodily harm, shall be

disclosed in accordance with the Freedom of Information Act

if:

(A) the subject of the encounter captured on the

recording is a victim or witness; and

(B) the law enforcement agency obtains written

permission of the subject or the subject's legal

representative;

(2) except as provided in paragraph (1) of this

subsection (b), any recording which is flagged due to the

filing of a complaint, discharge of a firearm, use of

force, arrest or detention, or resulting death or bodily

harm shall be disclosed in accordance with the Freedom of

Information Act; and

(3) upon request, the law enforcement agency shall

disclose, in accordance with the Freedom of Information

Act, the recording to the subject of the encounter captured

on the recording or to the subject's attorney, or the

officer or his or her legal representative.

For the purposes of paragraph (1) of this subsection (b),

the subject of the encounter does not have a reasonable

expectation of privacy if the subject was arrested as a result

of the encounter. For purposes of subparagraph (A) of paragraph

(1) of this subsection (b), "witness" does not include a person

who is a victim or who was arrested as a result of the

encounter.

Only recordings or portions of recordings responsive to the

request shall be available for inspection or reproduction. Any

recording disclosed under the Freedom of Information Act shall

be redacted to remove identification of any person that appears

on the recording and is not the officer, a subject of the

encounter, or directly involved in the encounter. Nothing in

this subsection (b) shall require the disclosure of any

recording or portion of any recording which would be exempt

from disclosure under the Freedom of Information Act.

(c) Nothing in this Section shall limit access to a camera

recording for the purposes of complying with Supreme Court

rules or the rules of evidence.

(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)

Section 200. The Emergency Telephone System Act is amended

by changing Section 75 as follows:

(50 ILCS 750/75)

(Section scheduled to be repealed on July 1, 2017)

Sec. 75. Transfer of rights, functions, powers, duties, and

property to Department of State Police; rules and standards;

savings provisions.

(a) On January 1, 2016, the rights, functions, powers, and

duties of the Illinois Commerce Commission as set forth in this

Act and the Wireless Emergency Telephone Safety Act existing

prior to January 1, 2016, are transferred to and shall be

exercised by the Department of State Police. On or before

January 1, 2016, the Commission shall transfer and deliver to

the Department all books, records, documents, property (real

and personal), unexpended appropriations, and pending business

pertaining to the rights, powers, duties, and functions

transferred to the Department under Public Act 99-6 this

amendatory Act of the 99th General Assembly.

(b) The rules and standards of the Commission that are in

effect on January 1, 2016 and that pertain to the rights,

powers, duties, and functions transferred to the Department

under Public Act 99-6 this amendatory Act of the 99th General

Assembly shall become the rules and standards of the Department

on January 1, 2016, and shall continue in effect until amended

or repealed by the Department.

Any rules pertaining to the rights, powers, duties, and

functions transferred to the Department under Public Act 99-6

this amendatory Act of the 99th General Assembly that have been

proposed by the Commission but have not taken effect or been

finally adopted by January 1, 2016, shall become proposed rules

of the Department on January 1, 2016, and any rulemaking

procedures that have already been completed by the Commission

for those proposed rules need not be repealed.

As soon as it is practical after January 1, 2016, the

Department shall revise and clarify the rules transferred to it

under Public Act 99-6 this amendatory Act of the 99th General

Assembly to reflect the transfer of rights, powers, duties, and

functions effected by Public Act 99-6 this amendatory Act of

the 99th General Assembly using the procedures for

recodification of rules available under the Illinois

Administrative Procedure Act, except that existing title,

part, and section numbering for the affected rules may be

retained. The Department may propose and adopt under the

Illinois Administrative Procedure Act any other rules

necessary to consolidate and clarify those rules.

(c) The rights, powers, duties, and functions transferred

to the Department by Public Act 99-6 this amendatory Act of the

99th General Assembly shall be vested in and exercised by the

Department subject to the provisions of this Act and the

Wireless Emergency Telephone Safety Act. An act done by the

Department or an officer, employee, or agent of the Department

in the exercise of the transferred rights, powers, duties, and

functions shall have the same legal effect as if done by the

Commission or an officer, employee, or agent of the Commission.

The transfer of rights, powers, duties, and functions to

the Department under Public Act 99-6 this amendatory Act of the

99th General Assembly does not invalidate any previous action

taken by or in respect to the Commission, its officers,

employees, or agents. References to the Commission or its

officers, employees, or agents in any document, contract,

agreement, or law shall, in appropriate contexts, be deemed to

refer to the Department or its officers, employees, or agents.

The transfer of rights, powers, duties, and functions to

the Department under Public Act 99-6 this amendatory Act of the

99th General Assembly does not affect any person's rights,

obligations, or duties, including any civil or criminal

penalties applicable thereto, arising out of those transferred

rights, powers, duties, and functions.

Public Act 99-6 This amendatory Act of the 99th General

Assembly does not affect any act done, ratified, or cancelled,

any right occurring or established, or any action or proceeding

commenced in an administrative, civil, or criminal case before

January 1, 2016. Any such action or proceeding that pertains to

a right, power, duty, or function transferred to the Department

under Public Act 99-6 this amendatory Act of the 99th General

Assembly that is pending on that date may be prosecuted,

defended, or continued by the Commission.

For the purposes of Section 9b of the State Finance Act,

the Department is the successor to the Commission with respect

to the rights, duties, powers, and functions transferred by

Public Act 99-6 this amendatory Act of the 99th General

Assembly.

(d) (c) The Department is authorized to enter into an

intergovernmental agreement with the Commission for the

purpose of having the Commission assist the Department and the

Statewide 9-1-1 Administrator in carrying out their duties and

functions under this Act. The agreement may provide for funding

for the Commission for its assistance to the Department and the

Statewide 9-1-1 Administrator.

(Source: P.A. 99-6, eff. 6-29-15; revised 11-9-15.)

Section 205. The Counties Code is amended by changing

Sections 3-3013, 3-8007, 3-9005, 5-1006.5, 5-1006.7, 5-12020,

and 6-1003 as follows:

(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)

Sec. 3-3013. Preliminary investigations; blood and urine

analysis; summoning jury; reports. Every coroner, whenever, as

soon as he knows or is informed that the dead body of any

person is found, or lying within his county, whose death is

suspected of being:

(a) A sudden or violent death, whether apparently

suicidal, homicidal or accidental, including but not

limited to deaths apparently caused or contributed to by

thermal, traumatic, chemical, electrical or radiational

injury, or a complication of any of them, or by drowning or

suffocation, or as a result of domestic violence as defined

in the Illinois Domestic Violence Act of 1986;

(b) A maternal or fetal death due to abortion, or any

death due to a sex crime or a crime against nature;

(c) A death where the circumstances are suspicious,

obscure, mysterious or otherwise unexplained or where, in

the written opinion of the attending physician, the cause

of death is not determined;

(d) A death where addiction to alcohol or to any drug

may have been a contributory cause; or

(e) A death where the decedent was not attended by a

licensed physician;

shall go to the place where the dead body is, and take charge

of the same and shall make a preliminary investigation into the

circumstances of the death. In the case of death without

attendance by a licensed physician the body may be moved with

the coroner's consent from the place of death to a mortuary in

the same county. Coroners in their discretion shall notify such

physician as is designated in accordance with Section 3-3014 to

attempt to ascertain the cause of death, either by autopsy or

otherwise.

In cases of accidental death involving a motor vehicle in

which the decedent was (1) the operator or a suspected operator

of a motor vehicle, or (2) a pedestrian 16 years of age or

older, the coroner shall require that a blood specimen of at

least 30 cc., and if medically possible a urine specimen of at

least 30 cc. or as much as possible up to 30 cc., be withdrawn

from the body of the decedent in a timely fashion after the

accident causing his death, by such physician as has been

designated in accordance with Section 3-3014, or by the coroner

or deputy coroner or a qualified person designated by such

physician, coroner, or deputy coroner. If the county does not

maintain laboratory facilities for making such analysis, the

blood and urine so drawn shall be sent to the Department of

State Police or any other accredited or State-certified

laboratory for analysis of the alcohol, carbon monoxide, and

dangerous or narcotic drug content of such blood and urine

specimens. Each specimen submitted shall be accompanied by

pertinent information concerning the decedent upon a form

prescribed by such laboratory. Any person drawing blood and

urine and any person making any examination of the blood and

urine under the terms of this Division shall be immune from all

liability, civil or criminal, that might otherwise be incurred

or imposed.

In all other cases coming within the jurisdiction of the

coroner and referred to in subparagraphs (a) through (e) above,

blood, and whenever possible, urine samples shall be analyzed

for the presence of alcohol and other drugs. When the coroner

suspects that drugs may have been involved in the death, either

directly or indirectly, a toxicological examination shall be

performed which may include analyses of blood, urine, bile,

gastric contents and other tissues. When the coroner suspects a

death is due to toxic substances, other than drugs, the coroner

shall consult with the toxicologist prior to collection of

samples. Information submitted to the toxicologist shall

include information as to height, weight, age, sex and race of

the decedent as well as medical history, medications used by

and the manner of death of decedent.

When the coroner or medical examiner finds that the cause

of death is due to homicidal means, the coroner or medical

examiner shall cause blood and buccal specimens (tissue may be

submitted if no uncontaminated blood or buccal specimen can be

obtained), whenever possible, to be withdrawn from the body of

the decedent in a timely fashion. For proper preservation of

the specimens, collected blood and buccal specimens shall be

dried and tissue specimens shall be frozen if available

equipment exists. As soon as possible, but no later than 30

days after the collection of the specimens, the coroner or

medical examiner shall release those specimens to the police

agency responsible for investigating the death. As soon as

possible, but no later than 30 days after the receipt from the

coroner or medical examiner, the police agency shall submit the

specimens using the agency case number to a National DNA Index

System (NDIS) participating laboratory within this State, such

as the Illinois Department of State Police, Division of

Forensic Services, for analysis and categorizing into genetic

marker groupings. The results of the analysis and categorizing

into genetic marker groupings shall be provided to the Illinois

Department of State Police and shall be maintained by the

Illinois Department of State Police in the State central

repository in the same manner, and subject to the same

conditions, as provided in Section 5-4-3 of the Unified Code of

Corrections. The requirements of this paragraph are in addition

to any other findings, specimens, or information that the

coroner or medical examiner is required to provide during the

conduct of a criminal investigation.

In all counties, in cases of apparent suicide, homicide, or

accidental death or in other cases, within the discretion of

the coroner, the coroner may summon 8 persons of lawful age

from those persons drawn for petit jurors in the county. The

summons shall command these persons to present themselves

personally at such a place and time as the coroner shall

determine, and may be in any form which the coroner shall

determine and may incorporate any reasonable form of request

for acknowledgement which the coroner deems practical and

provides a reliable proof of service. The summons may be served

by first class mail. From the 8 persons so summoned, the

coroner shall select 6 to serve as the jury for the inquest.

Inquests may be continued from time to time, as the coroner may

deem necessary. The 6 jurors selected in a given case may view

the body of the deceased. If at any continuation of an inquest

one or more of the original jurors shall be unable to continue

to serve, the coroner shall fill the vacancy or vacancies. A

juror serving pursuant to this paragraph shall receive

compensation from the county at the same rate as the rate of

compensation that is paid to petit or grand jurors in the

county. The coroner shall furnish to each juror without fee at

the time of his discharge a certificate of the number of days

in attendance at an inquest, and, upon being presented with

such certificate, the county treasurer shall pay to the juror

the sum provided for his services.

In counties which have a jury commission, in cases of

apparent suicide or homicide or of accidental death, the

coroner may conduct an inquest. The jury commission shall

provide at least 8 jurors to the coroner, from whom the coroner

shall select any 6 to serve as the jury for the inquest.

Inquests may be continued from time to time as the coroner may

deem necessary. The 6 jurors originally chosen in a given case

may view the body of the deceased. If at any continuation of an

inquest one or more of the 6 jurors originally chosen shall be

unable to continue to serve, the coroner shall fill the vacancy

or vacancies. At the coroner's discretion, additional jurors to

fill such vacancies shall be supplied by the jury commission. A

juror serving pursuant to this paragraph in such county shall

receive compensation from the county at the same rate as the

rate of compensation that is paid to petit or grand jurors in

the county.

In every case in which a fire is determined to be a

contributing factor in a death, the coroner shall report the

death to the Office of the State Fire Marshal. The coroner

shall provide a copy of the death certificate (i) within 30

days after filing the permanent death certificate and (ii) in a

manner that is agreed upon by the coroner and the State Fire

Marshal.

In every case in which a drug overdose is determined to be

the cause or a contributing factor in the death, the coroner or

medical examiner shall report the death to the Department of

Public Health. The Department of Public Health shall adopt

rules regarding specific information that must be reported in

the event of such a death. If possible, the coroner shall

report the cause of the overdose. As used in this Section,

"overdose" has the same meaning as it does in Section 414 of

the Illinois Controlled Substances Act. The Department of

Public Health shall issue a semiannual report to the General

Assembly summarizing the reports received. The Department

shall also provide on its website a monthly report of overdose

death figures organized by location, age, and any other

factors, the Department deems appropriate.

In addition, in every case in which domestic violence is

determined to be a contributing factor in a death, the coroner

shall report the death to the Department of State Police.

All deaths in State institutions and all deaths of wards of

the State in private care facilities or in programs funded by

the Department of Human Services under its powers relating to

mental health and developmental disabilities or alcoholism and

substance abuse or funded by the Department of Children and

Family Services shall be reported to the coroner of the county

in which the facility is located. If the coroner has reason to

believe that an investigation is needed to determine whether

the death was caused by maltreatment or negligent care of the

ward of the State, the coroner may conduct a preliminary

investigation of the circumstances of such death as in cases of

death under circumstances set forth in paragraphs (a) through

(e) of this Section.

(Source: P.A. 99-354, eff. 1-1-16; 99-480, eff. 9-9-15; revised

10-20-15.)

(55 ILCS 5/3-8007) (from Ch. 34, par. 3-8007)

Sec. 3-8007. Duties and jurisdiction of commission. The

Merit Commission shall have the duties, pursuant to recognized

merit principles of public employment, of certification for

employment and promotion, and, upon complaint of the sheriff or

State's Attorney states attorney as limited in this Division,

to discipline or discharge as the circumstances may warrant.

All full time deputy sheriffs shall be under the jurisdiction

of this Act and the county board may provide that other

positions, including jail officers, as defined in "An Act to

revise the law in relation to jails and jailers", approved

March 3, 1874, as now or hereafter amended (repealed), shall be

under the jurisdiction of the Commission. There may be exempted

from coverage by resolution of the county board a "chief

deputy" or "chief deputies" who shall be vested with all

authorities granted to deputy sheriffs pursuant to Section

3-6015. "Chief Deputy" or "Chief Deputies" as used in this

Section include the personal assistant or assistants of the

sheriff whether titled "chief deputy", "undersheriff" "under

sheriff", or "administrative assistant".

(Source: P.A. 86-962; revised 11-9-15.)

(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)

Sec. 3-9005. Powers and duties of State's attorney.

(a) The duty of each State's attorney shall be:

(1) To commence and prosecute all actions, suits,

indictments and prosecutions, civil and criminal, in the

circuit court for his county, in which the people of the

State or county may be concerned.

(2) To prosecute all forfeited bonds and

recognizances, and all actions and proceedings for the

recovery of debts, revenues, moneys, fines, penalties and

forfeitures accruing to the State or his county, or to any

school district or road district in his county; also, to

prosecute all suits in his county against railroad or

transportation companies, which may be prosecuted in the

name of the People of the State of Illinois.

(3) To commence and prosecute all actions and

proceedings brought by any county officer in his official

capacity.

(4) To defend all actions and proceedings brought

against his county, or against any county or State officer,

in his official capacity, within his county.

(5) To attend the examination of all persons brought

before any judge on habeas corpus, when the prosecution is

in his county.

(6) To attend before judges and prosecute charges of

felony or misdemeanor, for which the offender is required

to be recognized to appear before the circuit court, when

in his power so to do.

(7) To give his opinion, without fee or reward, to any

county officer in his county, upon any question or law

relating to any criminal or other matter, in which the

people or the county may be concerned.

(8) To assist the attorney general whenever it may be

necessary, and in cases of appeal from his county to the

Supreme Court, to which it is the duty of the attorney

general to attend, he shall furnish the attorney general at

least 10 days before such is due to be filed, a manuscript

of a proposed statement, brief and argument to be printed

and filed on behalf of the people, prepared in accordance

with the rules of the Supreme Court. However, if such

brief, argument or other document is due to be filed by law

or order of court within this 10-day 10 day period, then

the State's attorney shall furnish such as soon as may be

reasonable.

(9) To pay all moneys received by him in trust, without

delay, to the officer who by law is entitled to the custody

thereof.

(10) To notify, by first class mail, complaining

witnesses of the ultimate disposition of the cases arising

from an indictment or an information.

(11) To perform such other and further duties as may,

from time to time, be enjoined on him by law.

(12) To appear in all proceedings by collectors of

taxes against delinquent taxpayers for judgments to sell

real estate, and see that all the necessary preliminary

steps have been legally taken to make the judgment legal

and binding.

(13) To notify, by first-class mail, the State

Superintendent of Education, the applicable regional

superintendent of schools, and the superintendent of the

employing school district or the chief school

administrator of the employing nonpublic school, if any,

upon the conviction of any individual known to possess a

certificate or license issued pursuant to Article 21 or

21B, respectively, of the School Code of any offense set

forth in Section 21B-80 of the School Code or any other

felony conviction, providing the name of the certificate

holder, the fact of the conviction, and the name and

location of the court where the conviction occurred. The

certificate holder must also be contemporaneously sent a

copy of the notice.

(b) The State's Attorney of each county shall have

authority to appoint one or more special investigators to serve

subpoenas and , summonses, make return of process, and conduct

investigations which assist the State's Attorney in the

performance of his duties. In counties of the first and second

class, the fees for service of subpoenas and summonses are

allowed by this Section and shall be consistent with those set

forth in Section 4-5001 of this Act, except when increased by

county ordinance as provided for in Section 4-5001. In counties

of the third class, the fees for service of subpoenas and

summonses are allowed by this Section and shall be consistent

with those set forth in Section 4-12001 of this Act. A special

investigator shall not carry firearms except with permission of

the State's Attorney and only while carrying appropriate

identification indicating his employment and in the

performance of his assigned duties.

Subject to the qualifications set forth in this subsection,

special investigators shall be peace officers and shall have

all the powers possessed by investigators under the State's

Attorneys Appellate Prosecutor's Act.

No special investigator employed by the State's Attorney

shall have peace officer status or exercise police powers

unless he or she successfully completes the basic police

training course mandated and approved by the Illinois Law

Enforcement Training Standards Board or such board waives the

training requirement by reason of the special investigator's

prior law enforcement experience or training or both. Any

State's Attorney appointing a special investigator shall

consult with all affected local police agencies, to the extent

consistent with the public interest, if the special

investigator is assigned to areas within that agency's

jurisdiction.

Before a person is appointed as a special investigator, his

fingerprints shall be taken and transmitted to the Department

of State Police. The Department shall examine its records and

submit to the State's Attorney of the county in which the

investigator seeks appointment any conviction information

concerning the person on file with the Department. No person

shall be appointed as a special investigator if he has been

convicted of a felony or other offense involving moral

turpitude. A special investigator shall be paid a salary and be

reimbursed for actual expenses incurred in performing his

assigned duties. The county board shall approve the salary and

actual expenses and appropriate the salary and expenses in the

manner prescribed by law or ordinance.

(c) The State's Attorney may request and receive from

employers, labor unions, telephone companies, and utility

companies location information concerning putative fathers and

noncustodial parents for the purpose of establishing a child's

paternity or establishing, enforcing, or modifying a child

support obligation. In this subsection, "location information"

means information about (i) the physical whereabouts of a

putative father or noncustodial parent, (ii) the putative

father or noncustodial parent's employer, or (iii) the salary,

wages, and other compensation paid and the health insurance

coverage provided to the putative father or noncustodial parent

by the employer of the putative father or noncustodial parent

or by a labor union of which the putative father or

noncustodial parent is a member.

(d) For each State fiscal year, the State's Attorney of

Cook County shall appear before the General Assembly and

request appropriations to be made from the Capital Litigation

Trust Fund to the State Treasurer for the purpose of providing

assistance in the prosecution of capital cases in Cook County

and for the purpose of providing assistance to the State in

post-conviction proceedings in capital cases under Article 122

of the Code of Criminal Procedure of 1963 and in relation to

petitions filed under Section 2-1401 of the Code of Civil

Procedure in relation to capital cases. The State's Attorney

may appear before the General Assembly at other times during

the State's fiscal year to request supplemental appropriations

from the Trust Fund to the State Treasurer.

(e) The State's Attorney shall have the authority to enter

into a written agreement with the Department of Revenue for

pursuit of civil liability under subsection (E) of Section 17-1

of the Criminal Code of 2012 against persons who have issued to

the Department checks or other orders in violation of the

provisions of paragraph (1) of subsection (B) of Section 17-1

of the Criminal Code of 2012, with the Department to retain the

amount owing upon the dishonored check or order along with the

dishonored check fee imposed under the Uniform Penalty and

Interest Act, with the balance of damages, fees, and costs

collected under subsection (E) of Section 17-1 of the Criminal

Code of 2012 or under Section 17-1a of that Code to be retained

by the State's Attorney. The agreement shall not affect the

allocation of fines and costs imposed in any criminal

prosecution.

(Source: P.A. 99-169, eff. 7-28-15; revised 11-9-15.)

(55 ILCS 5/5-1006.5)

Sec. 5-1006.5. Special County Retailers' Occupation Tax

For Public Safety, Public Facilities, or Transportation.

(a) The county board of any county may impose a tax 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 public safety, public facility, or transportation purposes

in that county, 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. If imposed, this tax shall be

imposed only in one-quarter percent increments. By resolution,

the county board may order the proposition to be submitted at

any election. If the tax is imposed for transportation purposes

for expenditures for public highways or as authorized under the

Illinois Highway Code, the county board must publish notice of

the existence of its long-range highway transportation plan as

required or described in Section 5-301 of the Illinois Highway

Code and must make the plan publicly available prior to

approval of the ordinance or resolution imposing the tax. If

the tax is imposed for transportation purposes for expenditures

for passenger rail transportation, the county board must

publish notice of the existence of its long-range passenger

rail transportation plan and must make the plan publicly

available prior to approval of the ordinance or resolution

imposing the tax.

If a tax is imposed for public facilities purposes, then

the name of the project may be included in the proposition at

the discretion of the county board as determined in the

enabling resolution. For example, the "XXX Nursing Home" or the

"YYY Museum".

The county clerk shall certify the question to the proper

election authority, who shall submit the proposition at an

election in accordance with the general election law.

(1) The proposition for public safety purposes shall be

in substantially the following form:

"To pay for public safety purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for public safety

purposes shall be in substantially the following form:

"To pay for public safety purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate) for a period not to

exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

For the purposes of the paragraph, "public safety

purposes" means crime prevention, detention, fire

fighting, police, medical, ambulance, or other emergency

services.

Votes shall be recorded as "Yes" or "No".

Beginning on the January 1 or July 1, whichever is first,

that occurs not less than 30 days after May 31, 2015 (the

effective date of Public Act 99-4) this amendatory Act of the

99th General Assembly, Adams County may impose a public safety

retailers' occupation tax and service occupation tax at the

rate of 0.25%, as provided in the referendum approved by the

voters on April 7, 2015, notwithstanding the omission of the

additional information that is otherwise required to be printed

on the ballot below the question pursuant to this item (1).

(2) The proposition for transportation purposes shall

be in substantially the following form:

"To pay for improvements to roads and other

transportation purposes, shall (name of county) be

authorized to impose an increase on its share of local

sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for transportation

purposes shall be in substantially the following form:

"To pay for road improvements and other transportation

purposes, shall (name of county) be authorized to impose an

increase on its share of local sales taxes by (insert rate)

for a period not to exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

For the purposes of this paragraph, transportation

purposes means construction, maintenance, operation, and

improvement of public highways, any other purpose for which

a county may expend funds under the Illinois Highway Code,

and passenger rail transportation.

The votes shall be recorded as "Yes" or "No".

(3) The proposition for public facilities purposes

shall be in substantially the following form:

"To pay for public facilities purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail."

The county board may also opt to establish a sunset

provision at which time the additional sales tax would

cease being collected, if not terminated earlier by a vote

of the county board. If the county board votes to include a

sunset provision, the proposition for public facilities

purposes shall be in substantially the following form:

"To pay for public facilities purposes, shall (name of

county) be authorized to impose an increase on its share of

local sales taxes by (insert rate) for a period not to

exceed (insert number of years)?"

As additional information on the ballot below the

question shall appear the following:

"This would mean that a consumer would pay an

additional (insert amount) in sales tax for every $100 of

tangible personal property bought at retail. If imposed,

the additional tax would cease being collected at the end

of (insert number of years), if not terminated earlier by a

vote of the county board."

For purposes of this Section, "public facilities

purposes" means 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 public facilities, for use by the county for the

furnishing of governmental services to its citizens,

including but not limited to museums and nursing homes.

The votes shall be recorded as "Yes" or "No".

If a majority of the electors voting on the proposition

vote in favor of it, the county may impose the tax. A county

may not submit more than one proposition authorized by this

Section to the electors at any one time.

This additional tax may not be imposed on the 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 which 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 tax imposed by a county under

this Section and all civil penalties that may be assessed as an

incident of the tax shall be collected and enforced by the

Illinois Department of Revenue and deposited into a special

fund created for that purpose. 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 without registering

separately with the Department under an ordinance or resolution

under this Section. The Department has full power to administer

and enforce this Section, to collect all taxes and penalties

due under this Section, to dispose of taxes and penalties so

collected in the manner provided in this Section, and to

determine all rights to credit memoranda arising on account of

the erroneous payment of a tax or penalty under this Section.

In the administration of and compliance with this Section, the

Department and persons who are subject to this Section 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

prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,

1n, 2 through 2-70 (in respect to all provisions contained in

those Sections other than the State rate of tax), 2a, 2b, 2c, 3

(except provisions relating to transaction returns and quarter

monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,

5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13

of the Retailers' Occupation Tax Act and Section 3-7 of the

Uniform Penalty and Interest Act as if those provisions were

set forth in this Section.

Persons subject to any tax imposed under the authority

granted in this Section may reimburse themselves for their

sellers' tax liability by separately stating the tax as an

additional charge, which charge may be stated in combination,

in a single amount, with State tax which sellers are required

to collect under the Use Tax Act, pursuant to such bracketed

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 County Public Safety or Transportation

Retailers' Occupation Tax Fund.

(b) If a tax has been imposed under subsection (a), a

service occupation tax shall 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 of Revenue. The Department has full

power to administer and enforce this subsection; to collect all

taxes and penalties due hereunder; 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 hereunder. In the

administration of, and compliance with this subsection, the

Department and persons who are subject to this paragraph shall

(i) have the same rights, remedies, privileges, immunities,

powers, and duties, (ii) be subject to the same conditions,

restrictions, limitations, penalties, exclusions, exemptions,

and definitions of terms, and (iii) employ the same modes of

procedure as are prescribed in Sections 2 (except that the

reference to State in the definition of supplier maintaining a

place of business in this State shall mean the county), 2a, 2b,

2c, 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 county), 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 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 shall mean the county), Section 15, 16, 17, 18, 19

and 20 of the Service Occupation Tax Act and Section 3-7 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 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 a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant 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 County Public Safety or Transportation

Retailers' Occupation Fund.

Nothing in this subsection shall be construed to authorize

the county 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.

(c) 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 County

Public Safety or Transportation Retailers' Occupation Tax

Fund, which shall be an unappropriated trust fund held outside

of the State treasury.

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 Section

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 the counties from which

retailers have paid taxes or penalties to the Department during

the second preceding calendar month. The amount to be paid to

each county, and deposited by the county into its special fund

created for the purposes of this Section, 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 (i) an amount equal to the amount of

refunds made during the second preceding calendar month by the

Department on behalf of the county, (ii) 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, and (iii) 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

counties 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 directions contained in the certification.

In addition to the disbursement required by the preceding

paragraph, an allocation shall be made in March of each year to

each county that received more than $500,000 in disbursements

under the preceding paragraph in the preceding calendar year.

The allocation shall be in an amount equal to the average

monthly distribution made to each such county under the

preceding paragraph during the preceding calendar year

(excluding the 2 months of highest receipts). The distribution

made in March of each year subsequent to the year in which an

allocation was made pursuant to this paragraph and the

preceding paragraph shall be reduced by the amount allocated

and disbursed under this paragraph in the preceding calendar

year. The Department shall prepare and certify to the

Comptroller for disbursement the allocations made in

accordance with this paragraph.

A county may direct, by ordinance, that all or a portion of

the taxes and penalties collected under the Special County

Retailers' Occupation Tax For Public Safety or Transportation

be deposited into the Transportation Development Partnership

Trust Fund.

(d) For the purpose 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 paragraph 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.

(e) Nothing in this Section shall be construed to authorize

a county 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 this State.

(e-5) If a county imposes a tax under this Section, the

county board may, by ordinance, discontinue or lower the rate

of the tax. If the county board lowers the tax rate or

discontinues the tax, a referendum must be held in accordance

with subsection (a) of this Section in order to increase the

rate of the tax or to reimpose the discontinued tax.

(f) Beginning April 1, 1998 and through December 31, 2013,

the results of any election authorizing a proposition to impose

a tax under this Section or effecting a change in the rate of

tax, or any ordinance lowering the rate or discontinuing the

tax, shall 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 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 as of the first day of January next

following the filing.

Beginning January 1, 2014, the results of any election

authorizing a proposition to impose a tax under this Section or

effecting an increase in the rate of tax, along with the

ordinance adopted to impose the tax or increase the rate of the

tax, or any ordinance adopted to lower the rate or discontinue

the tax, shall be certified by the county clerk and 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 as of the first day of July next

following the adoption and filing; or (ii) on or before the

first day of October, whereupon the Department shall proceed to

administer and enforce the tax as of the first day of January

next following the adoption and filing.

(g) 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. The offset amount

shall be the amount erroneously disbursed within the previous 6

months from the time a miscalculation is discovered.

(h) This Section may be cited as the "Special County

Occupation Tax For Public Safety, Public Facilities, or

Transportation Law".

(i) For purposes of this Section, "public safety" includes,

but is not limited to, crime prevention, detention, fire

fighting, police, medical, ambulance, or other emergency

services. The county may share tax proceeds received under this

Section for public safety purposes, including proceeds

received before August 4, 2009 (the effective date of Public

Act 96-124), with any fire protection district located in the

county. For the purposes of this Section, "transportation"

includes, but is not limited to, the construction, maintenance,

operation, and improvement of public highways, any other

purpose for which a county may expend funds under the Illinois

Highway Code, and passenger rail transportation. For the

purposes of this Section, "public facilities purposes"

includes, but is not limited to, 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 public facilities, for use

by the county for the furnishing of governmental services to

its citizens, including but not limited to museums and nursing

homes.

(j) The Department may promulgate rules to implement Public

Act 95-1002 only to the extent necessary to apply the existing

rules for the Special County Retailers' Occupation Tax for

Public Safety to this new purpose for public facilities.

(Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217,

eff. 7-31-15; revised 11-6-15.)

(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, 6d,

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 August 23, 2011 (the effective date of

Public Act 97-542) 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 August 23, 2011

(the effective date of Public Act 97-542) 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 August 23, 2011

(the effective date of Public Act 97-542) 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 August 23, 2011

(the effective date of Public Act 97-542) 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 August 23, 2011 (the

effective date of Public Act 97-542) 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 August 23, 2011

(the effective date of Public Act 97-542) 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

August 23, 2011 (the effective date of Public Act 97-542) 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,

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 August 23, 2011 (the effective date of Public Act 97-542)

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. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;

99-217, eff. 7-31-15; revised 11-6-15.)

(55 ILCS 5/5-12020)

Sec. 5-12020. Wind farms. Notwithstanding any other

provision of law, a county may establish standards for wind

farms and electric-generating wind devices. The standards may

include, without limitation, the height of the devices and the

number of devices that may be located within a geographic area.

A county may also regulate the siting of wind farms and

electric-generating wind devices in unincorporated areas of

the county outside of the zoning jurisdiction of a municipality

and the 1.5 mile radius surrounding the zoning jurisdiction of

a municipality. There shall be at least one public hearing not

more than 30 days prior to a siting decision by the county

board. Notice of the hearing shall be published in a newspaper

of general circulation in the county. A commercial wind energy

facility owner, as defined in the Wind Energy Facilities

Agricultural Impact Mitigation Act, must enter into an

agricultural impact mitigation agreement with the Department

of Agriculture prior to the date of the required public

hearing. A commercial wind energy facility owner seeking an

extension of a permit granted by a county prior to July 24,

2015 (the effective date of Public Act 99-132) this amendatory

Act of the 99th General Assembly must enter into an

agricultural impact mitigation agreement with the Department

of Agriculture prior to a decision by the county to grant the

permit extension. Counties may allow test wind towers to be

sited without formal approval by the county board. Any

provision of a county zoning ordinance pertaining to wind farms

that is in effect before August 16, 2007 (the effective date of

Public Act 95-203) this amendatory Act of the 95th General

Assembly may continue in effect notwithstanding any

requirements of this Section.

A county may not require a wind tower or other renewable

energy system that is used exclusively by an end user to be

setback more than 1.1 times the height of the renewable energy

system from the end user's property line.

(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;

revised 11-6-15.)

(55 ILCS 5/6-1003) (from Ch. 34, par. 6-1003)

Sec. 6-1003. Further appropriations barred; transfers.

After the adoption of the county budget, no further

appropriations shall be made at any other time during such

fiscal year, except as provided in this Division.

Appropriations in excess of those authorized by the budget in

order to meet an immediate emergency may be made at any meeting

of the board by a two-thirds vote of all the members

constituting such board, the vote to be taken by ayes and nays

and entered on the record of the meeting. After the adoption of

the county budget, transfers of appropriations may be made

without a vote of the board; however, transfers of

appropriations affecting personnel and capital may be made at

any meeting of the board by a two-thirds vote of all the

members constituting such board, the vote to be taken by ayes

and nays and entered on the record of the meeting, provided for

any type of transfer that the total amount appropriated for the

fund is not affected.

(Source: P.A. 99-356, eff. 8-13-15; revised 11-9-15.)

Section 210. The County Economic Development Project Area

Property Tax Allocation Act is amended by changing Section 10

as follows:

(55 ILCS 85/10) (from Ch. 34, par. 7010)

Sec. 10. Conflicts of interests, disclosure. If any member

of the corporate authorities of a county, or any employee or

consultant of the county involved in the planning, analysis,

preparation or administration of an economic development plan

or an economic development project, or any proposed economic

development plan or any proposed economic development project,

owns or controls any interest, direct or indirect, in any

property included in any economic development project area or

proposed economic development project area, he or she shall

disclose the same in writing to the county clerk, which

disclosure shall include the dates, terms and conditions of any

disposition of any such interest. The disclosures shall be

acknowledged by the corporate authorities of the county and

entered upon the official records and files of the corporate

authorities. Any such individual holding any such interest

shall refrain from any further official involvement regarding

such established or proposed economic development project

area, economic development plan or economic development

project, and shall also refrain from form voting on any matter

pertaining to that project, plan or area and from communicating

with any members of the corporate authorities of the county and

no employee of the county shall acquire any interest, direct or

indirect, in any real or personal property or rights or

interest therein within an economic development project area or

a proposed economic development project area after that person

obtains knowledge of the project, plan or area or after the

first public notice of the project, plan or area is given by

the county, whichever shall first occur.

(Source: P.A. 86-1388; revised 11-9-15.)

Section 215. The Illinois Municipal Code is amended by

changing Sections 8-11-1.6 and 11-13-26 as follows:

(65 ILCS 5/8-11-1.6)

Sec. 8-11-1.6. Non-home rule municipal retailers

occupation tax; municipalities between 20,000 and 25,000. The

corporate authorities of a non-home rule municipality with a

population of more than 20,000 but less than 25,000 that has,

prior to January 1, 1987, established a Redevelopment Project

Area that has been certified as a State Sales Tax Boundary and

has issued bonds or otherwise incurred indebtedness to pay for

costs in excess of $5,000,000, which is secured in part by a

tax increment allocation fund, in accordance with the

provisions of Division 11-74.4 of this Code may, by passage of

an ordinance, impose a tax upon all persons engaged in the

business of selling tangible personal property, other than on

an item of tangible personal property that is titled and

registered by an agency of this State's Government, at retail

in the municipality. This tax may not be imposed on the 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 that has been prepared for immediate

consumption) and prescription and nonprescription medicines,

drugs, medical appliances and insulin, urine testing

materials, syringes, and needles used by diabetics. If imposed,

the tax shall only be imposed in .25% increments of the gross

receipts from such sales made in the course of business. Any

tax imposed by a municipality under this Section Sec. and all

civil penalties that may be assessed as an incident thereof

shall be collected and enforced by the State Department of

Revenue. An ordinance imposing a tax hereunder or effecting a

change in the rate thereof shall be adopted and a certified

copy thereof filed with the Department on or before the first

day of October, whereupon the Department shall proceed to

administer and enforce this Section as of the first day of

January next following such adoption and filing. 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 under this Section without

registering separately with the Department under the ordinance

or resolution or under this Section. The Department shall have

full power to administer and enforce this Section, to collect

all taxes and penalties due hereunder, 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 hereunder. In the

administration of, and compliance with this Section, the

Department and persons who are subject to this Section shall

have the same rights, remedies, privileges, immunities,

powers, and duties, and be subject to the same conditions,

restrictions, limitations, penalties, and definitions of

terms, and employ the same modes of procedure, as are

prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2

through 2-65 (in respect to all provisions therein other than

the State rate of tax), 2c, 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, 6d, 7, 8, 9, 10, 11, 12

and 13 of the Retailers' Occupation Tax Act and Section 3-7 of

the Uniform Penalty and Interest Act as fully as if those

provisions were set forth herein.

A tax may not be imposed by a municipality under this

Section unless the municipality also imposes a tax at the same

rate under Section 8-11-1.7 of this Act.

Persons subject to any tax imposed under the authority

granted in 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 tax which sellers

are required to collect under the Use Tax Act, pursuant to 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 Non-Home Rule Municipal Retailers'

Occupation Tax Fund, which is hereby created.

The Department shall forthwith pay over to the State

Treasurer, ex officio, as trustee, all taxes and penalties

collected hereunder.

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 Section

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,

the municipalities to be those from which retailers have paid

taxes or penalties hereunder 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 hereunder 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 on behalf of the

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

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.

For the purpose of determining the local governmental unit

whose tax is applicable, a retail sale by a producer of coal or

other 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 paragraph does not apply to coal

or other 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 federal Constitution as a sale in

interstate or foreign commerce.

Nothing in this Section 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.

When certifying the amount of a monthly disbursement to a

municipality 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.

As used in this Section, "municipal" and "municipality"

means a city, village, or incorporated town, including an

incorporated town that has superseded a civil township.

(Source: P.A. 99-217, eff. 7-31-15; revised 11-9-15.)

(65 ILCS 5/11-13-26)

Sec. 11-13-26. Wind farms. Notwithstanding any other

provision of law:

(a) A municipality may regulate wind farms and

electric-generating wind devices within its zoning

jurisdiction and within the 1.5 mile radius surrounding its

zoning jurisdiction. There shall be at least one public hearing

not more than 30 days prior to a siting decision by the

corporate authorities of a municipality. Notice of the hearing

shall be published in a newspaper of general circulation in the

municipality. A commercial wind energy facility owner, as

defined in the Wind Energy Facilities Agricultural Impact

Mitigation Act, must enter into an agricultural impact

mitigation agreement with the Department of Agriculture prior

to the date of the required public hearing. A commercial wind

energy facility owner seeking an extension of a permit granted

by a municipality prior to July 24, 2015 (the effective date of

Public Act 99-132) this amendatory Act of the 99th General

Assembly must enter into an agricultural impact mitigation

agreement with the Department of Agriculture prior to a

decision by the municipality to grant the permit extension. A

municipality may allow test wind towers to be sited without

formal approval by the corporate authorities of the

municipality. Test wind towers must be dismantled within 3

years of installation. For the purposes of this Section, "test

wind towers" are wind towers that are designed solely to

collect wind generation data.

(b) A municipality may not require a wind tower or other

renewable energy system that is used exclusively by an end user

to be setback more than 1.1 times the height of the renewable

energy system from the end user's property line. A setback

requirement imposed by a municipality on a renewable energy

system may not be more restrictive than as provided under this

subsection. This subsection is a limitation of home rule powers

and functions 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. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15;

revised 11-6-15.)

Section 220. The Civic Center Code is amended by changing

Sections 170-50 and 240-50 as follows:

(70 ILCS 200/170-50)

Sec. 170-50. Contracts. All contracts for sale of property

of the value of more than $10,000 or for a an concession in or

lease of property, including air rights, of the Authority for a

term of more than one year shall be awarded to the highest

responsible bidder, after advertising for bids. All

construction contracts and contracts for supplies, materials,

equipment and services, when the expense thereof will exceed

$10,000, shall be let to the lowest responsible bidder, after

advertising for bids, excepting (1) when repair parts,

accessories, equipment or services are required for equipment

or services previously furnished or contracted for; (2) when

the nature of the services required is such that competitive

bidding is not in the best interest of the public, including,

without limiting the generality of the foregoing, the services

of accountants, architects, attorneys, engineers, physicians,

superintendents of construction, and others possessing a high

degree of skill; and (3) when services such as water, light,

heat, power, telephone or telegraph are required.

All contracts involving less than $10,000 shall be let by

competitive bidding to the lowest responsible bidder whenever

possible, and in any event in a manner calculated to ensure the

best interests of the public.

In determining the responsibility of any bidder, the Board

may take into account the past record of dealings with the

bidder, the bidder's experience, adequacy of equipment, and

ability to complete performance within the time set, and other

factors besides financial responsibility, but in no case shall

any such contracts be awarded to any other than the highest

bidder (in case of sale, concession or lease) or the lowest

bidder (in case of purchase or expenditure) unless authorized

or approved by a vote of at least three-fourths of the members

of the Board, and unless such action is accompanied by a

statement in writing setting forth the reasons for not awarding

the contract to the highest or lowest bidder, as the case may

be, which statement shall be kept on file in the principal

office of the Authority and open to public inspection.

From the group of responsible bidders the lowest bidder

shall be selected in the following manner: to all bids for

sales the gross receipts of which are not taxable under the

Retailers' Occupation Tax Act, there shall be added an amount

equal to the tax which would be payable under said Act, if

applicable, and the lowest in amount of said adjusted bids and

bids for sales the gross receipts of which are taxable under

said Act shall be considered the lowest bid; provided, that, if

said lowest bid relates to a sale not taxable under said Act,

any contract entered into thereon shall be in the amount of the

original bid not adjusted as aforesaid.

Contracts shall not be split into parts involving

expenditures of less than $10,000 for the purposes of avoiding

the provisions of this Section, and all such split contracts

shall be void. If any collusion occurs among bidders or

prospective bidders in restraint of freedom of competition, by

agreement to bid a fixed amount or to refrain from bidding or

otherwise, the bids of such bidders shall be void. Each bidder

shall accompany his bid with a sworn statement that he has not

been a party to any such agreement.

Members of the Board, officers and employees of the

Authority, and their relatives within the fourth degree of

consanguinity by the terms of the civil law, are forbidden to

be interested directly or indirectly in any contract for

construction or maintenance work or for the delivery of

materials, supplies or equipment.

The Board shall have the right to reject all bids and to

readvertise for bids. If after any such advertisement no

responsible and satisfactory bid, within the terms of the

advertisement, shall be received, the Board may award such

contract, without competitive bidding, provided that it shall

not be less advantageous to the Authority than any valid bid

received pursuant to advertisement.

The Board shall adopt rules and regulations to carry into

effect the provisions of this Section.

(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)

(70 ILCS 200/240-50)

Sec. 240-50. Contracts. All contracts for sale of property

of the value of more than $10,000 or for a an concession in or

lease of property including air rights, of the Authority for a

term of more than one year shall be awarded to the highest

responsible bidder, after advertising for bids. All

construction contracts and contracts for supplies, materials,

equipment and services, when the expense thereof will exceed

$10,000, shall be let to the lowest responsible bidder, after

advertising for bids, excepting (1) when repair parts,

accessories, equipment or services are required for equipment

or services previously furnished or contracted for; (2) when

the nature of the services required is such that competitive

bidding is not in the best interest of the public, including,

without limiting the generality of the foregoing, the services

of accountants, architects, attorneys, engineers, physicians,

superintendents of construction, and others possessing a high

degree of skill; and (3) when services such as water, light,

heat, power, telephone or telegraph are required.

All contracts involving less than $10,000 shall be let by

competitive bidding to the lowest responsible bidder whenever

possible, and in any event in a manner calculated to ensure the

best interests of the public.

In determining the responsibility of any bidder, the Board

may take in account the past record of dealings with the

bidder, experience, adequacy of equipment, ability to complete

performance within the time set, and other factors besides

financial responsibility, but in no case shall any such

contracts be awarded to any other than the highest bidder (in

case of sale, concession or lease) or the lowest bidder (in

case of purchase or expenditure) unless authorized or approved

by the affirmative vote of at least 6 of the members of the

Board present at a meeting at which a quorum is present, and

unless such action is accompanied by a statement in writing

setting forth the reasons for not awarding the contract to the

highest or lowest bidder, as the case may be, which statement

shall be kept on file in the principal office of the Authority

and open to public inspection.

From the group of responsible bidders the lowest bidder

shall be selected in the following manner: to all bids for

sales the gross receipts of which are not taxable under the

Retailers' Occupation Tax Act, there shall be added an amount

equal to the tax which would be payable under said Act, if

applicable, and the lowest in amount of said adjusted bids and

bids for sales the gross receipts of which are taxable under

said Act shall be considered the lowest bid; provided, that, if

said lowest bid relates to a sale not taxable under said Act,

any contract entered into thereon shall be in the amount of the

original bid not adjusted as aforesaid.

Contracts shall not be split into parts involving

expenditures of less than $10,000 for the purposes of avoiding

the provisions of this Section, and all such split contracts

shall be void. If any collusion occurs among bidders or

prospective bidders in restraint of freedom of competition, by

agreement to bid a fixed amount or to refrain from bidding or

otherwise, the bids of such bidders shall be void. Each bidder

shall accompany his bid with a sworn statement that he has not

been a party to any such agreement.

Members of the Board, officers and employees of the

Authority, and their relatives within the fourth degree of

consanguinity by the terms of the civil law, are forbidden to

be interested directly or indirectly in any contract for

construction or maintenance work or for the delivery of

materials, supplies or equipment.

The Board shall have the right to reject all bids and to

readvertise for bids. If after any such advertisement no

responsible and satisfactory bid, within the terms of the

advertisement, shall be received, the Board may award such

contract, without competitive bidding, provided that it shall

not be less advantageous to the Authority than any valid bid

received pursuant to advertisement.

The Board shall adopt rules and regulations to carry into

effect the provisions of this Section.

(Source: P.A. 93-491, eff. 1-1-04; revised 10-13-15.)

Section 225. 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, 6d, 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; 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. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15;

revised 11-6-15.)

Section 230. The Mt. Carmel Regional Port District Act is

amended by changing Section 22 as follows:

(70 ILCS 1835/22) (from Ch. 19, par. 722)

Sec. 22. Members of the Board shall hold office until their

respective successors have been appointed and qualified. Any

member may resign from his office to take effect when his

successor has been appointed and qualified. The Governor may

remove any member of the Board in case of incompetency, neglect

of duty or malfeasance in office. He shall give such member a

copy of the charges against him and an opportunity to be

publicly heard in person or by counsel in his own defense upon

not less than 10 days' day's notice. In case of failure to

qualify within the time required, or of abandonment of his

office, or in case of death, conviction of a felony or removal

from office, the office of such member shall become vacant.

Each vacancy shall be filled for the unexpired term by

appointment in like manner as in case of expiration of the term

of a member of the Board.

(Source: P.A. 76-1788; revised 10-9-15.)

Section 235. The Local Mass Transit District Act is amended

by changing Section 5 as follows:

(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)

Sec. 5. (a) The Board of Trustees of every District may

establish or acquire any or all manner of mass transit

facility. The Board may engage in the business of

transportation of passengers on scheduled routes and by

contract on nonscheduled routes within the territorial limits

of the counties or municipalities creating the District, by

whatever means it may decide. Its routes may be extended beyond

such territorial limits with the consent of the governing

bodies of the municipalities or counties into which such

operation is extended.

(b) The Board of Trustees of every District may for the

purposes of the District, acquire by gift, purchase, lease,

legacy, condemnation, or otherwise and hold, use, improve,

maintain, operate, own, manage or lease, as lessor or lessee,

such cars, buses, equipment, buildings, structures, real and

personal property, and interests therein, and services, lands

for terminal and other related facilities, improvements and

services, or any interest therein, including all or any part of

the plant, land, buildings, equipment, vehicles, licenses,

franchises, patents, property, service contracts and

agreements of every kind and nature. Real property may be so

acquired if it is situated within or partially within the area

served by the District or if it is outside the area if it is

desirable or necessary for the purposes of the District.

(c) The Board of Trustees of every District which

establishes, provides, or acquires mass transit facilities or

services may contract with any person or corporation or public

or private entity for the operation or provision thereof upon

such terms and conditions as the District shall determine.

(d) The Board of Trustees of every District shall have the

authority to contract for any and all purposes of the District,

including with an interstate transportation authority, or with

another local Mass Transit District or any other municipal,

public, or private corporation entity in the transportation

business including the authority to contract to lease its or

otherwise provide land, buildings, and equipment, and other

related facilities, improvements, and services, for the

carriage of passengers beyond the territorial limits of the

District or to subsidize transit operations by a public or

private or municipal corporation operating entity providing

mass transit facilities.

(e) The Board of Trustees of every District shall have the

authority to establish, alter and discontinue transportation

routes and services and any or all ancillary or supporting

facilities and services, and to establish and amend rate

schedules for the transportation of persons thereon or for the

public or private use thereof which rate schedules shall,

together with any grants, receipts or income from other

sources, be sufficient to pay the expenses of the District, the

repair, maintenance and the safe and adequate operation of its

mass transit facilities and public mass transportation system

and to fulfill the terms of its debts, undertakings, and

obligations.

(f) The Board of Trustees of every District shall have

perpetual succession and shall have the following powers in

addition to any others in this Act granted:

(1) to sue and be sued;

(2) to adopt and use a seal;

(3) to make and execute contracts loans, leases,

subleases, installment purchase agreements, contracts,

notes and other instruments evidencing financial

obligations, and other instruments necessary or convenient

in the exercise of its powers;

(4) to make, amend and repeal bylaws, rules and

regulations not inconsistent with this Act;

(5) to sell, lease, sublease, license, transfer,

convey or otherwise dispose of any of its real or personal

property, or interests therein, in whole or in part, at any

time upon such terms and conditions as it may determine,

with public bidding if the value exceeds $1,000 at

negotiated, competitive, public, or private sale;

(6) to invest funds, not required for immediate

disbursement, in property, agreements, or securities legal

for investment of public funds controlled by savings banks

under applicable law;

(7) to mortgage, pledge, hypothecate or otherwise

encumber all or any part of its real or personal property

or other assets, or interests therein;

(8) to apply for, accept and use grants, loans or other

financial assistance from any private entity or municipal,

county, State or Federal governmental agency or other

public entity;

(9) to borrow money from the United States Government

or any agency thereof, or from any other public or private

source, for the purposes of the District and, as evidence

thereof, to issue its revenue bonds, payable solely from

the revenue derived from the operation of the District.

These bonds may be issued with maturities not exceeding 40

years from the date of the bonds, and in such amounts as

may be necessary to provide sufficient funds, together with

interest, for the purposes of the District. These bonds

shall bear interest at a rate of not more than the maximum

rate authorized by the Bond Authorization Act, as amended

at the time of the making of the contract of sale, payable

semi-annually, may be made registerable as to principal,

and may be made payable and callable as provided on any

interest payment date at a price of par and accrued

interest under such terms and conditions as may be fixed by

the ordinance authorizing the issuance of the bonds. Bonds

issued under this Section are negotiable instruments. They

shall be executed by the chairman and members of the Board

of Trustees, attested by the secretary, and shall be sealed

with the corporate seal of the District. In case any

Trustee or officer whose signature appears on the bonds or

coupons ceases to hold that office before the bonds are

delivered, such officer's signature, shall nevertheless be

valid and sufficient for all purposes, the same as though

such officer had remained in office until the bonds were

delivered. The bonds shall be sold in such manner and upon

such terms as the Board of Trustees shall determine, except

that the selling price shall be such that the interest cost

to the District of the proceeds of the bonds shall not

exceed the maximum rate authorized by the Bond

Authorization Act, as amended at the time of the making of

the contract of sale, payable semi-annually, computed to

maturity according to the standard table of bond values.

The ordinance shall fix the amount of revenue bonds

proposed to be issued, the maturity or maturities, the

interest rate, which shall not exceed the maximum rate

authorized by the Bond Authorization Act, as amended at the

time of the making of the contract of sale, and all the

details in connection with the bonds. The ordinance may

contain such covenants and restrictions upon the issuance

of additional revenue bonds thereafter, which will share

equally in the revenue of the District, as may be deemed

necessary or advisable for the assurance of the payment of

the bonds first issued. Any District may also provide in

the ordinance authorizing the issuance of bonds under this

Section that the bonds, or such ones thereof as may be

specified, shall, to the extent and in the manner

prescribed, be subordinated and be junior in standing, with

respect to the payment of principal and interest and the

security thereof, to such other bonds as are designated in

the ordinance.

The ordinance shall pledge the revenue derived from the

operations of the District for the purpose of paying the

cost of operation and maintenance of the District, and, as

applicable, providing adequate depreciation funds, and

paying the principal of and interest on the bonds of the

District issued under this Section; .

(10) subject to Section 5.1, to levy a tax on property

within the District at the rate of not to exceed .25% on

the assessed value of such property in the manner provided

in the "The Illinois Municipal Budget Law", approved July

12, 1937, as amended;

(11) to issue tax anticipation warrants;

(12) to contract with any school district in this State

to provide for the transportation of pupils to and from

school within such district pursuant to the provisions of

Section 29-15 of the School Code;

(13) to provide for the insurance of any property,

directors, officers, employees or operations of the

District against any risk or hazard, and to self-insure or

participate in joint self-insurance pools or entities to

insure against such risk or hazard;

(14) to use its established funds, personnel, and other

resources to acquire, construct, operate, and maintain

bikeways and trails. Districts may cooperate with other

governmental and private agencies in bikeway and trail

programs; and

(15) to acquire, own, maintain, construct,

reconstruct, improve, repair, operate or lease any

light-rail public transportation system, terminal,

terminal facility, public airport, or bridge or toll bridge

across waters with any city, state, or both.

With respect to instruments for the payment of money issued

under this Section either before, on, or after June 6, 1989

(the effective date of Public Act 86-4) this amendatory Act of

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.

This Section shall be liberally construed to give effect to

its purposes.

(Source: P.A. 93-590, eff. 1-1-04; revised 10-13-15.)

Section 240. The Regional Transportation Authority Act is

amended by changing Section 4.03 as follows:

(70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)

Sec. 4.03. Taxes.

(a) In order to carry out any of the powers or purposes of

the Authority, the Board may by ordinance adopted with the

concurrence of 12 of the then Directors, impose throughout the

metropolitan region any or all of the taxes provided in this

Section. Except as otherwise provided in this Act, taxes

imposed under this Section and civil penalties imposed incident

thereto shall be collected and enforced by the State Department

of Revenue. The Department shall have the power to administer

and enforce the taxes and to determine all rights for refunds

for erroneous payments of the taxes. Nothing in Public Act

95-708 this amendatory Act of the 95th General Assembly is

intended to invalidate any taxes currently imposed by the

Authority. The increased vote requirements to impose a tax

shall only apply to actions taken after January 1, 2008 (the

effective date of Public Act 95-708) this amendatory Act of the

95th General Assembly.

(b) The Board may impose a public transportation tax upon

all persons engaged in the metropolitan region in the business

of selling at retail motor fuel for operation of motor vehicles

upon public highways. The tax shall be at a rate not to exceed

5% of the gross receipts from the sales of motor fuel in the

course of the business. As used in this Act, the term "motor

fuel" shall have the same meaning as in the Motor Fuel Tax Law.

The Board may provide for details of the tax. The provisions of

any tax shall conform, as closely as may be practicable, to the

provisions of the Municipal Retailers Occupation Tax Act,

including without limitation, conformity to penalties with

respect to the tax imposed and as to the powers of the State

Department of Revenue to promulgate and enforce rules and

regulations relating to the administration and enforcement of

the provisions of the tax imposed, except that reference in the

Act to any municipality shall refer to the Authority and the

tax shall be imposed only with regard to receipts from sales of

motor fuel in the metropolitan region, at rates as limited by

this Section.

(c) In connection with the tax imposed under paragraph (b)

of this Section the Board may impose a tax upon the privilege

of using in the metropolitan region motor fuel for the

operation of a motor vehicle upon public highways, the tax to

be at a rate not in excess of the rate of tax imposed under

paragraph (b) of this Section. The Board may provide for

details of the tax.

(d) The Board may impose a motor vehicle parking tax upon

the privilege of parking motor vehicles at off-street parking

facilities in the metropolitan region at which a fee is

charged, and may provide for reasonable classifications in and

exemptions to the tax, for administration and enforcement

thereof and for civil penalties and refunds thereunder and may

provide criminal penalties thereunder, the maximum penalties

not to exceed the maximum criminal penalties provided in the

Retailers' Occupation Tax Act. The Authority may collect and

enforce the tax itself or by contract with any unit of local

government. The State Department of Revenue shall have no

responsibility for the collection and enforcement unless the

Department agrees with the Authority to undertake the

collection and enforcement. As used in this paragraph, the term

"parking facility" means a parking area or structure having

parking spaces for more than 2 vehicles at which motor vehicles

are permitted to park in return for an hourly, daily, or other

periodic fee, whether publicly or privately owned, but does not

include parking spaces on a public street, the use of which is

regulated by parking meters.

(e) The Board may impose a Regional Transportation

Authority Retailers' Occupation Tax upon all persons engaged in

the business of selling tangible personal property at retail in

the metropolitan region. In Cook County the tax rate shall be

1.25% of the gross receipts from 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 that

has been prepared for immediate consumption) and prescription

and nonprescription medicines, drugs, medical appliances and

insulin, urine testing materials, syringes and needles used by

diabetics, and 1% of the gross receipts from other taxable

sales made in the course of that business. In DuPage, Kane,

Lake, McHenry, and Will Counties, the tax rate shall be 0.75%

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 Section, the

Department and persons who are subject to this Section 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, 1a-1, 1c, 1d,

1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

therein other than the State rate of tax), 2c, 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, 6d,

7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act

and Section 3-7 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 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.

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 warrant 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 Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

If a tax is imposed under this subsection (e), a tax shall

also be imposed under subsections (f) and (g) of this Section.

For the purpose of determining whether a tax authorized

under this Section is applicable, a retail sale by a producer

of coal or other 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 paragraph does not apply to

coal or other 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 Federal Constitution as a sale in

interstate or foreign commerce.

No tax shall be imposed or collected under this subsection

on the sale of a motor vehicle in this State to a resident of

another state if that motor vehicle will not be titled in this

State.

Nothing in this Section shall be construed to authorize the

Regional Transportation Authority 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 this State.

(f) If a tax has been imposed under paragraph (e), a

Regional Transportation Authority Service Occupation Tax shall

also be imposed upon all persons engaged, in the metropolitan

region in the business of making sales of service, who as an

incident to making the sales of service, transfer tangible

personal property within the metropolitan region, either in the

form of tangible personal property or in the form of real

estate as an incident to a sale of service. In Cook County, the

tax rate shall be: (1) 1.25% of the serviceman's cost price of

food prepared for immediate consumption and transferred

incident to a sale of service subject to the service occupation

tax by an entity licensed under the Hospital Licensing Act, the

Nursing Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, the ID/DD Community Care Act, or

the MC/DD Act that is located in the metropolitan region; (2)

1.25% of the selling price 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

nonprescription medicines, drugs, medical appliances and

insulin, urine testing materials, syringes and needles used by

diabetics; and (3) 1% of the selling price from other taxable

sales of tangible personal property transferred. In DuPage,

Kane, Lake, McHenry and Will Counties the rate shall be 0.75%

of the selling price of all tangible personal property

transferred.

The tax imposed under this paragraph 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

paragraph; 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 paragraph, the Department and persons who are subject to

this paragraph 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 1a-1, 2,

2a, 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 Authority), 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 Authority), 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 Authority), the first paragraph of Section 15, 16, 17, 18,

19 and 20 of the Service Occupation Tax Act and Section 3-7 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 paragraph 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.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant 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 Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

Nothing in this paragraph shall be construed to authorize

the Authority 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.

(g) If a tax has been imposed under paragraph (e), a tax

shall also be imposed upon the privilege of using in the

metropolitan region, any item of tangible personal property

that is purchased outside the metropolitan region at retail

from a retailer, and that is titled or registered with an

agency of this State's government. In Cook County the tax rate

shall be 1% of the selling price of the tangible personal

property, as "selling price" is defined in the Use Tax Act. In

DuPage, Kane, Lake, McHenry and Will counties the tax rate

shall be 0.75% of the selling price of the tangible personal

property, as "selling price" is defined in the Use Tax Act. The

tax shall be collected from persons whose Illinois address for

titling or registration purposes is given as being in the

metropolitan region. The tax shall be collected by the

Department of Revenue for the Regional Transportation

Authority. The tax must be paid to the State, or an exemption

determination must be obtained from the Department of Revenue,

before the title or certificate of registration for the

property may be issued. The tax or proof of exemption may be

transmitted to the Department by way of the State agency with

which, or the State officer with whom, the tangible personal

property must be titled or registered if the Department and the

State agency or State officer determine that this procedure

will expedite the processing of applications for title or

registration.

The Department shall have full power to administer and

enforce this paragraph; to collect all taxes, penalties and

interest due hereunder; to dispose of taxes, penalties and

interest collected in the manner hereinafter provided; and to

determine all rights to credit memoranda or refunds arising on

account of the erroneous payment of tax, penalty or interest

hereunder. In the administration of and compliance with this

paragraph, the Department and persons who are subject to this

paragraph 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 (except the

definition of "retailer maintaining a place of business in this

State"), 3 through 3-80 (except provisions pertaining to the

State rate of tax, and except provisions concerning collection

or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,

19 (except the portions pertaining to claims by retailers and

except the last paragraph concerning refunds), 20, 21 and 22 of

the Use Tax Act, and are not inconsistent with this paragraph,

as fully as if those provisions were set forth herein.

Whenever the Department determines that a refund should be

made under this paragraph 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 Regional Transportation Authority tax fund

established under paragraph (n) of this Section.

(h) The Authority may impose a replacement vehicle tax of

$50 on any passenger car as defined in Section 1-157 of the

Illinois Vehicle Code purchased within the metropolitan region

by or on behalf of an insurance company to replace a passenger

car of an insured person in settlement of a total loss claim.

The tax imposed may not become effective before the first day

of the month following the passage of the ordinance imposing

the tax and receipt of a certified copy of the ordinance by the

Department of Revenue. The Department of Revenue shall collect

the tax for the Authority in accordance with Sections 3-2002

and 3-2003 of the Illinois Vehicle Code.

The Department shall immediately pay over to the State

Treasurer, ex officio, as trustee, all taxes collected

hereunder.

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 Section

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 the Authority. The

amount to be paid to the Authority shall be the amount

collected hereunder during the second preceding calendar month

by the Department, less any amount determined by the Department

to be necessary for the payment of refunds, and less 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 Authority provided for in

this Section to be given to the Comptroller by the Department,

the Comptroller shall cause the orders to be drawn for that

amount in accordance with the directions contained in the

certification.

(i) The Board may not impose any other taxes except as it

may from time to time be authorized by law to impose.

(j) A certificate of registration issued by the State

Department of Revenue 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

taxed under the tax imposed under paragraphs (b), (e), (f) or

(g) of this Section and no additional registration shall be

required under the tax. A certificate issued under the Use Tax

Act or the Service Use Tax Act shall be applicable with regard

to any tax imposed under paragraph (c) of this Section.

(k) The provisions of any tax imposed under paragraph (c)

of this Section shall conform as closely as may be practicable

to the provisions of the Use Tax Act, including without

limitation conformity as to penalties with respect to the tax

imposed and as to the powers of the State Department of Revenue

to promulgate and enforce rules and regulations relating to the

administration and enforcement of the provisions of the tax

imposed. The taxes shall be imposed only on use within the

metropolitan region and at rates as provided in the paragraph.

(l) The Board in imposing any tax as provided in paragraphs

(b) and (c) of this Section, shall, after seeking the advice of

the State Department of Revenue, provide means for retailers,

users or purchasers of motor fuel for purposes other than those

with regard to which the taxes may be imposed as provided in

those paragraphs to receive refunds of taxes improperly paid,

which provisions may be at variance with the refund provisions

as applicable under the Municipal Retailers Occupation Tax Act.

The State Department of Revenue may provide for certificates of

registration for users or purchasers of motor fuel for purposes

other than those with regard to which taxes may be imposed as

provided in paragraphs (b) and (c) of this Section to

facilitate the reporting and nontaxability of the exempt sales

or uses.

(m) Any ordinance imposing or discontinuing any tax under

this Section shall be adopted and a certified copy thereof

filed with the Department on or before June 1, whereupon the

Department of Revenue shall proceed to administer and enforce

this Section on behalf of the Regional Transportation Authority

as of September 1 next following such adoption and filing.

Beginning January 1, 1992, an ordinance or resolution imposing

or discontinuing the tax hereunder shall be adopted and a

certified copy thereof filed with the Department on or before

the first day of July, whereupon the Department shall proceed

to administer and enforce this Section as of the first day of

October next following such adoption and filing. Beginning

January 1, 1993, an ordinance or resolution imposing,

increasing, decreasing, or discontinuing the tax hereunder

shall be adopted and a certified copy thereof filed with the

Department, whereupon the Department shall proceed to

administer and enforce this Section as of the first day of the

first month to occur not less than 60 days following such

adoption and filing. Any ordinance or resolution of the

Authority imposing a tax under this Section and in effect on

August 1, 2007 shall remain in full force and effect and shall

be administered by the Department of Revenue under the terms

and conditions and rates of tax established by such ordinance

or resolution until the Department begins administering and

enforcing an increased tax under this Section as authorized by

Public Act 95-708 this amendatory Act of the 95th General

Assembly. The tax rates authorized by Public Act 95-708 this

amendatory Act of the 95th General Assembly are effective only

if imposed by ordinance of the Authority.

(n) The State Department of Revenue shall, upon collecting

any taxes as provided in this Section, pay the taxes over to

the State Treasurer as trustee for the Authority. The taxes

shall be held in a trust fund outside the State Treasury. On or

before the 25th day of each calendar month, the State

Department of Revenue shall prepare and certify to the

Comptroller of the State of Illinois and to the Authority (i)

the amount of taxes collected in each County other than Cook

County in the metropolitan region, (ii) the amount of taxes

collected within the City of Chicago, and (iii) the amount

collected in that portion of Cook County outside of Chicago,

each amount less the amount necessary for the payment of

refunds to taxpayers located in those areas described in items

(i), (ii), and (iii). Within 10 days after receipt by the

Comptroller of the certification of the amounts, the

Comptroller shall cause an order to be drawn for the payment of

two-thirds of the amounts certified in item (i) of this

subsection to the Authority and one-third of the amounts

certified in item (i) of this subsection to the respective

counties other than Cook County and the amount certified in

items (ii) and (iii) of this subsection to the Authority.

In addition to the disbursement required by the preceding

paragraph, an allocation shall be made in July 1991 and each

year thereafter to the Regional Transportation Authority. The

allocation shall be made in an amount equal to the average

monthly distribution during the preceding calendar year

(excluding the 2 months of lowest receipts) and the allocation

shall include the amount of average monthly distribution from

the Regional Transportation Authority Occupation and Use Tax

Replacement Fund. The distribution made in July 1992 and each

year thereafter under this paragraph and the preceding

paragraph shall be reduced by the amount allocated and

disbursed under this paragraph in the preceding calendar year.

The Department of Revenue shall prepare and certify to the

Comptroller for disbursement the allocations made in

accordance with this paragraph.

(o) Failure to adopt a budget ordinance or otherwise to

comply with Section 4.01 of this Act or to adopt a Five-year

Capital Program or otherwise to comply with paragraph (b) of

Section 2.01 of this Act shall not affect the validity of any

tax imposed by the Authority otherwise in conformity with law.

(p) At no time shall a public transportation tax or motor

vehicle parking tax authorized under paragraphs (b), (c) and

(d) of this Section be in effect at the same time as any

retailers' occupation, use or service occupation tax

authorized under paragraphs (e), (f) and (g) of this Section is

in effect.

Any taxes imposed under the authority provided in

paragraphs (b), (c) and (d) shall remain in effect only until

the time as any tax authorized by paragraphs (e), (f) or (g) of

this Section are imposed and becomes effective. Once any tax

authorized by paragraphs (e), (f) or (g) is imposed the Board

may not reimpose taxes as authorized in paragraphs (b), (c) and

(d) of the Section unless any tax authorized by paragraphs (e),

(f) or (g) of this Section becomes ineffective by means other

than an ordinance of the Board.

(q) Any existing rights, remedies and obligations

(including enforcement by the Regional Transportation

Authority) arising under any tax imposed under paragraphs (b),

(c) or (d) of this Section shall not be affected by the

imposition of a tax under paragraphs (e), (f) or (g) of this

Section.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;

99-217, eff. 7-31-15; revised 10-9-15.)

Section 245. The Water Commission Act of 1985 is amended by

changing Section 4 as follows:

(70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)

Sec. 4. Taxes.

(a) The board of commissioners of any county water

commission may, by ordinance, impose throughout the territory

of the commission any or all of the taxes provided in this

Section for its corporate purposes. However, no county water

commission may impose any such tax unless the commission

certifies the proposition of imposing the tax to the proper

election officials, who shall submit the proposition to the

voters residing in the territory at an election in accordance

with the general election law, and the proposition has been

approved by a majority of those voting on the proposition.

The proposition shall be in the form provided in Section 5

or shall be substantially in the following form:

-------------------------------------------------------------

Shall the (insert corporate

name of county water commission) YES

impose (state type of tax or ------------------------

taxes to be imposed) at the NO

rate of 1/4%?

-------------------------------------------------------------

Taxes imposed under this Section and civil penalties

imposed incident thereto shall be collected and enforced by the

State Department of Revenue. The Department shall have the

power to administer and enforce the taxes and to determine all

rights for refunds for erroneous payments of the taxes.

(b) The board of commissioners may impose a County Water

Commission Retailers' Occupation Tax upon all persons engaged

in the business of selling tangible personal property at retail

in the territory of the commission at a rate of 1/4% of the

gross receipts from the sales made in the course of such

business within the territory. The tax imposed under this

paragraph 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 paragraph; to collect all taxes and

penalties due hereunder; 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 hereunder. In the

administration of, and compliance with, this paragraph, the

Department and persons who are subject to this paragraph 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, 1a-1, 1c, 1d,

1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

therein other than the State rate of tax except that 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 medicine, drugs, medical

appliances and insulin, urine testing materials, syringes, and

needles used by diabetics, for human use, shall not be subject

to tax hereunder), 2c, 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, 6d, 7, 8, 9, 10, 11, 12 and 13 of

the Retailers' Occupation Tax Act and Section 3-7 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 paragraph 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 and under

subsection (e) of Section 4.03 of the Regional Transportation

Authority Act, in accordance with such bracket schedules as the

Department may prescribe.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant 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 a county water commission tax fund established

under paragraph (g) of this Section.

For the purpose of determining whether a tax authorized

under this paragraph is applicable, a retail sale by a producer

of coal or other 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 paragraph does not apply to

coal or other 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 Federal Constitution as a sale in

interstate or foreign commerce.

If a tax is imposed under this subsection (b) a tax shall

also be imposed under subsections (c) and (d) of this Section.

No tax shall be imposed or collected under this subsection

on the sale of a motor vehicle in this State to a resident of

another state if that motor vehicle will not be titled in this

State.

Nothing in this paragraph shall be construed to authorize a

county water commission 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.

(c) If a tax has been imposed under subsection (b), a

County Water Commission Service Occupation Tax shall also be

imposed upon all persons engaged, in the territory of the

commission, in the business of making sales of service, who, as

an incident to making the sales of service, transfer tangible

personal property within the territory. The tax rate shall be

1/4% of the selling price of tangible personal property so

transferred within the territory. The tax imposed under this

paragraph 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 paragraph; to collect all taxes and

penalties due hereunder; 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 hereunder. In the

administration of, and compliance with, this paragraph, the

Department and persons who are subject to this paragraph 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 1a-1, 2 (except that

the reference to State in the definition of supplier

maintaining a place of business in this State shall mean the

territory of the commission), 2a, 3 through 3-50 (in respect to

all provisions therein other than the State rate of tax except

that 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 and insulin, urine testing

materials, syringes, and needles used by diabetics, for human

use, shall not be subject to tax hereunder), 4 (except that the

reference to the State shall be to the territory of the

commission), 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 commission), 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 territory of the

commission), the first paragraph of Section 15, 15.5, 16, 17,

18, 19 and 20 of the Service Occupation Tax Act as fully as if

those provisions were set forth herein.

Persons subject to any tax imposed under the authority

granted in this paragraph 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, and

any tax for which servicemen may be liable under subsection (f)

of Section Sec. 4.03 of the Regional Transportation Authority

Act, in accordance with such bracket schedules as the

Department may prescribe.

Whenever the Department determines that a refund should be

made under this paragraph to a claimant instead of issuing a

credit memorandum, the Department shall notify the State

Comptroller, who shall cause the warrant 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 a county water commission tax fund established

under paragraph (g) of this Section.

Nothing in this paragraph shall be construed to authorize a

county water commission 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.

(d) If a tax has been imposed under subsection (b), a tax

shall also imposed upon the privilege of using, in the

territory of the commission, any item of tangible personal

property that is purchased outside the territory at retail from

a retailer, and that is titled or registered with an agency of

this State's government, at a rate of 1/4% of the selling price

of the tangible personal property within the territory, as

"selling price" is defined in the Use Tax Act. The tax shall be

collected from persons whose Illinois address for titling or

registration purposes is given as being in the territory. The

tax shall be collected by the Department of Revenue for a

county water commission. The tax must be paid to the State, or

an exemption determination must be obtained from the Department

of Revenue, before the title or certificate of registration for

the property may be issued. The tax or proof of exemption may

be transmitted to the Department by way of the State agency

with which, or the State officer with whom, the tangible

personal property must be titled or registered if the

Department and the State agency or State officer determine that

this procedure will expedite the processing of applications for

title or registration.

The Department shall have full power to administer and

enforce this paragraph; to collect all taxes, penalties and

interest due hereunder; to dispose of taxes, penalties and

interest so collected in the manner hereinafter provided; and

to determine all rights to credit memoranda or refunds arising

on account of the erroneous payment of tax, penalty or interest

hereunder. In the administration of, and compliance with this

paragraph, the Department and persons who are subject to this

paragraph 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 (except the

definition of "retailer maintaining a place of business in this

State"), 3 through 3-80 (except provisions pertaining to the

State rate of tax, and except provisions concerning collection

or refunding of the tax by retailers, and except that 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 and insulin, urine testing materials, syringes, and

needles used by diabetics, for human use, shall not be subject

to tax hereunder), 4, 11, 12, 12a, 14, 15, 19 (except the

portions pertaining to claims by retailers and except the last

paragraph concerning refunds), 20, 21 and 22 of the Use Tax Act

and Section 3-7 of the Uniform Penalty and Interest Act that

are not inconsistent with this paragraph, as fully as if those

provisions were set forth herein.

Whenever the Department determines that a refund should be

made under this paragraph 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 a county water commission tax fund established

under paragraph (g) of this Section.

(e) A certificate of registration issued by the State

Department of Revenue 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

taxed under the tax imposed under paragraphs (b), (c) or (d) of

this Section and no additional registration shall be required

under the tax. A certificate issued under the Use Tax Act or

the Service Use Tax Act shall be applicable with regard to any

tax imposed under paragraph (c) of this Section.

(f) Any ordinance imposing or discontinuing any tax under

this Section shall be adopted and a certified copy thereof

filed with the Department on or before June 1, whereupon the

Department of Revenue shall proceed to administer and enforce

this Section on behalf of the county water commission as of

September 1 next following the adoption and filing. Beginning

January 1, 1992, an ordinance or resolution imposing or

discontinuing the tax hereunder shall be adopted and a

certified copy thereof filed with the Department on or before

the first day of July, whereupon the Department shall proceed

to administer and enforce this Section as of the first day of

October next following such adoption and filing. Beginning

January 1, 1993, an ordinance or resolution imposing or

discontinuing the tax hereunder shall be adopted and a

certified copy thereof filed with the Department on or before

the first day of October, whereupon the Department shall

proceed to administer and enforce this Section as of the first

day of January next following such adoption and filing.

(g) The State Department of Revenue shall, upon collecting

any taxes as provided in this Section, pay the taxes over to

the State Treasurer as trustee for the commission. The taxes

shall be held in a trust fund outside the State Treasury.

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 Section

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 State

Department of Revenue shall prepare and certify to the

Comptroller of the State of Illinois the amount to be paid to

the commission, which 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 any amount equal to the amount of refunds made during

the second preceding calendar month by the Department on behalf

of the commission, 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 commission, and less any amounts that are

transferred to the STAR Bonds Revenue Fund. Within 10 days

after receipt by the Comptroller of the certification of the

amount to be paid to the commission, the Comptroller shall

cause an order to be drawn for the payment for the amount in

accordance with the direction in the certification.

(h) Beginning June 1, 2016, any tax imposed pursuant to

this Section may no longer be imposed or collected, unless a

continuation of the tax is approved by the voters at a

referendum as set forth in this Section.

(Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15;

revised 11-9-15.)

Section 250. The School Code is amended by changing

Sections 2-3.25a, 2-3.25f, 2-3.64a-5, 5-2.2, 10-17a, 10-29,

14-8.02, 19-1, 21B-20, 21B-45, 22-30, 27-8.1, 27-24.2, 27A-5,

32-5, 34-2.4, and 34-8.1, by setting forth and renumbering

multiple versions of Sections 2-3.163 and 22-80, and by setting

forth, renumbering, and changing multiple versions of Section

10-20.56 as follows:

(105 ILCS 5/2-3.25a) (from Ch. 122, par. 2-3.25a)

Sec. 2-3.25a. "School district" defined; additional

standards.

(a) For the purposes of this Section and Sections 3.25b,

3.25c, 3.25d, 3.25e, and 3.25f of this Code, "school district"

includes other public entities responsible for administering

public schools, such as cooperatives, joint agreements,

charter schools, special charter districts, regional offices

of education, local agencies, and the Department of Human

Services.

(b) In addition to the standards established pursuant to

Section 2-3.25, the State Board of Education shall develop

recognition standards for student performance and school

improvement for all school districts and their individual

schools, which must be an outcomes-based, balanced

accountability measure. The State Board of Education is

prohibited from having separate performance standards for

students based on race or ethnicity.

Subject to the availability of federal, State, public, or

private funds, the balanced accountability measure must be

designed to focus on 2 components, student performance and

professional practice. The student performance component shall

count for 30% of the total balanced accountability measure, and

the professional practice component shall count for 70% of the

total balanced accountability measure. The student performance

component shall focus on student outcomes and closing the

achievement gaps within each school district and its individual

schools using a Multiple Measure Index and Annual Measurable

Objectives, as set forth in Section 2-3.25d of this Code. The

professional practice component shall focus on the degree to

which a school district, as well as its individual schools, is

implementing evidence-based, best professional practices and

exhibiting continued improvement. Beginning with the 2015-2016

school year, the balanced accountability measure shall consist

of only the student performance component, which shall account

for 100% of the total balanced accountability measure. From the

2016-2017 school year through the 2021-2022 school year, the

State Board of Education and a Balanced Accountability Measure

Committee shall identify a number of school districts per the

designated school years to begin implementing the balanced

accountability measure, which includes both the student

performance and professional practice components. By the

2021-2022 school year, all school districts must be

implementing the balanced accountability measure, which

includes both components. The Balanced Accountability Measure

Committee shall consist of the following individuals: a

representative of a statewide association representing

regional superintendents of schools, a representative of a

statewide association representing principals, a

representative of an association representing principals in a

city having a population exceeding 500,000, a representative of

a statewide association representing school administrators, a

representative of a statewide professional teachers'

organization, a representative of a different statewide

professional teachers' organization, an additional

representative from either statewide professional teachers'

organization, a representative of a professional teachers'

organization in a city having a population exceeding 500,000, a

representative of a statewide association representing school

boards, and a representative of a school district organized

under Article 34 of this Code. The head of each association or

entity listed in this paragraph shall appoint its respective

representative. The State Superintendent of Education, in

consultation with the Committee, may appoint no more than 2

additional individuals to the Committee, which individuals

shall serve in an advisory role and must not have voting or

other decision-making rights. The Committee is abolished on

June 1, 2022.

Using a Multiple Measure Index consistent with subsection

(a) of Section 2-3.25d of this Code, the student performance

component shall consist of the following subcategories, each of

which must be valued at 10%:

(1) achievement status;

(2) achievement growth; and

(3) Annual Measurable Objectives, as set forth in

subsection (b) of Section 2-3.25d of this Code.

Achievement status shall measure and assess college and career

readiness, as well as the graduation rate. Achievement growth

shall measure the school district's and its individual schools'

student growth via this State's growth value tables. Annual

Measurable Objectives shall measure the degree to which school

districts, as well as their individual schools, are closing

their achievement gaps among their student population and

subgroups.

The professional practice component shall consist of the

following subcategories:

(A) compliance;

(B) evidence-based best practices; and

(C) contextual improvement.

Compliance, which shall count for 10%, shall measure the degree

to which a school district and its individual schools meet the

current State compliance requirements. Evidence-based best

practices, which shall count for 30%, shall measure the degree

to which school districts and their individual schools are

adhering to a set of evidence-based quality standards and best

practice for effective schools that include (i) continuous

improvement, (ii) culture and climate, (iii) shared

leadership, (iv) governance, (v) education and employee

quality, (vi) family and community connections, and (vii)

student and learning development and are further developed in

consultation with the State Board of Education and the Balanced

Accountability Measure Committee set forth in this subsection

(b). Contextual improvement, which shall count for 30%, shall

provide school districts and their individual schools the

opportunity to demonstrate improved outcomes through local

data, including without limitation school climate, unique

characteristics, and barriers that impact the educational

environment and hinder the development and implementation of

action plans to address areas of school district and individual

school improvement. Each school district, in good faith

cooperation with its teachers or, where applicable, the

exclusive bargaining representatives of its teachers, shall

develop 2 measurable objectives to demonstrate contextual

improvement, each of which must be equally weighted. Each

school district shall begin such good faith cooperative

development of these objectives no later than 6 months prior to

the beginning of the school year in which the school district

is to implement the professional practice component of the

balanced accountability measure. The professional practice

component must be scored using trained peer review teams that

observe and verify school district practices using an

evidence-based framework.

The balanced accountability measure shall combine the

student performance and professional practice components into

one summative score based on 100 points at the school district

and individual-school level. A school district shall be

designated as "Exceeds Standards - Exemplar" if the overall

score is 100 to 90, "Meets Standards - Proficient" if the

overall score is 89 to 75, "Approaching Standards - Needs

Improvement" if the overall score is 74 to 60, and "Below

Standards - Unsatisfactory" if the overall score is 59 to 0.

The balanced accountability measure shall also detail both

incentives that reward school districts for continued improved

performance, as provided in Section 2-3.25c of this Code, and

consequences for school districts that fail to provide evidence

of continued improved performance, which may include

presentation of a barrier analysis, additional school board and

administrator training, or additional State assistance. Based

on its summative score, a school district may be exempt from

the balanced accountability measure for one or more school

years. The State Board of Education, in collaboration with the

Balanced Accountability Measure Committee set forth in this

subsection (b), shall adopt rules that further implementation

in accordance with the requirements of this Section.

(Source: P.A. 99-84, eff. 1-1-16; 99-193, eff. 7-30-15; revised

10-9-15.)

(105 ILCS 5/2-3.25f) (from Ch. 122, par. 2-3.25f)

Sec. 2-3.25f. State interventions.

(a) The State Board of Education shall provide technical

assistance to assist with the development and implementation of

School and District Improvement Plans.

Schools or school districts that fail to make reasonable

efforts to implement an approved Improvement Plan may suffer

loss of State funds by school district, attendance center, or

program as the State Board of Education deems appropriate.

(a-5) (Blank).

(b) Beginning in 2017, if, after 3 years following its

identification as a priority district under Section 2-3.25d-5

of this Code, a district does not make progress as measured by

a reduction in achievement gaps commensurate with the targets

in this State's approved accountability plan with the U.S.

Department of Education, then the State Board of Education may

(i) change the recognition status of the school district or

school to nonrecognized or (ii) authorize the State

Superintendent of Education to direct the reassignment of

pupils or direct the reassignment or replacement of school

district personnel. If a school district is nonrecognized in

its entirety, it shall automatically be dissolved on July 1

following that nonrecognition and its territory realigned with

another school district or districts by the regional board of

school trustees in accordance with the procedures set forth in

Section 7-11 of the School Code. The effective date of the

nonrecognition of a school shall be July 1 following the

nonrecognition.

(b-5) The State Board of Education shall also develop a

system to provide assistance and resources to lower performing

school districts. At a minimum, the State Board shall identify

school districts to receive priority services, to be known as

priority districts under Section 2-3.25d-5 of this Code. The

school district shall provide the exclusive bargaining

representative with a 5-day notice that the district has been

identified as a priority district. In addition, the State Board

may, by rule, develop other categories of low-performing

schools and school districts to receive services.

Based on the results of the district needs assessment under

Section 2-3.25d-5 of this Code, the State Board of Education

shall work with the district to provide technical assistance

and professional development, in partnership with the

district, to implement a continuous improvement plan that would

increase outcomes for students. The plan for continuous

improvement shall be based on the results of the district needs

assessment and shall be used to determine the types of services

that are to be provided to each priority district. Potential

services for a district may include monitoring adult and

student practices, reviewing and reallocating district

resources, developing a district leadership team, providing

access to curricular content area specialists, and providing

online resources and professional development.

The State Board of Education may require priority districts

identified as having deficiencies in one or more core functions

of the district needs assessment to undergo an accreditation

process as provided in subsection (d) of Section 2-3.25f-5 of

this Code.

(c) All federal requirements apply to schools and school

districts utilizing federal funds under Title I, Part A of the

federal Elementary and Secondary Education Act of 1965.

(Source: P.A. 98-1155, eff. 1-9-15; 99-193, eff. 7-30-15;

99-203, eff. 7-30-15; revised 10-9-15.)

(105 ILCS 5/2-3.64a-5)

Sec. 2-3.64a-5. State goals and assessment.

(a) For the assessment and accountability purposes of this

Section, "students" includes those students enrolled in a

public or State-operated elementary school, secondary school,

or cooperative or joint agreement with a governing body or

board of control, a charter school operating in compliance with

the Charter Schools Law, a school operated by a regional office

of education under Section 13A-3 of this Code, or a public

school administered by a local public agency or the Department

of Human Services.

(b) The State Board of Education shall establish the

academic standards that are to be applicable to students who

are subject to State assessments under this Section. The State

Board of Education shall not establish any such standards in

final form without first providing opportunities for public

participation and local input in the development of the final

academic standards. Those opportunities shall include a

well-publicized period of public comment and opportunities to

file written comments.

(c) Beginning no later than the 2014-2015 school year, the

State Board of Education shall annually assess all students

enrolled in grades 3 through 8 in English language arts and

mathematics.

Beginning no later than the 2017-2018 school year, the

State Board of Education shall annually assess all students in

science at one grade in grades 3 through 5, at one grade in

grades 6 through 8, and at one grade in grades 9 through 12.

The State Board of Education shall annually assess schools

that operate a secondary education program, as defined in

Section 22-22 of this Code, in English language arts and

mathematics. The State Board of Education shall administer no

more than 3 assessments, per student, of English language arts

and mathematics for students in a secondary education program.

One of these assessments shall include a college and career

ready determination that shall be accepted by this State's

public institutions of higher education, as defined in the

Board of Higher Education Act, for the purpose of student

application or admissions consideration.

Students who are not assessed for college and career ready

determinations may not receive a regular high school diploma

unless the student is exempted from taking State assessments

under subsection (d) of this Section because (i) the student's

individualized educational program developed under Article 14

of this Code identifies the State assessment as inappropriate

for the student, (ii) the student is enrolled in a program of

adult and continuing education, as defined in the Adult

Education Act, (iii) the school district is not required to

assess the individual student for purposes of accountability

under federal No Child Left Behind Act of 2001 requirements,

(iv) the student has been determined to be an English learner

and has been enrolled in schools in the United States for less

than 12 months, or (v) the student is otherwise identified by

the State Board of Education, through rules, as being exempt

from the assessment.

The State Board of Education shall not assess students

under this Section in subjects not required by this Section.

Districts shall inform their students of the timelines and

procedures applicable to their participation in every yearly

administration of the State assessments. The State Board of

Education shall establish periods of time in each school year

during which State assessments shall occur to meet the

objectives of this Section.

(d) Every individualized educational program as described

in Article 14 shall identify if the State assessment or

components thereof are appropriate for the student. The State

Board of Education shall develop rules governing the

administration of an alternate assessment that may be available

to students for whom participation in this State's regular

assessments is not appropriate, even with accommodations as

allowed under this Section.

Students receiving special education services whose

individualized educational programs identify them as eligible

for the alternative State assessments nevertheless shall have

the option of taking this State's regular assessment that

includes a college and career ready determination, which shall

be administered in accordance with the eligible accommodations

appropriate for meeting these students' respective needs.

All students determined to be English learners shall

participate in the State assessments, excepting those students

who have been enrolled in schools in the United States for less

than 12 months. Such students may be exempted from

participation in one annual administration of the English

language arts assessment. Any student determined to be an

English learner shall receive appropriate assessment

accommodations, including language supports, which shall be

established by rule. Approved assessment accommodations must

be provided until the student's English language skills develop

to the extent that the student is no longer considered to be an

English learner, as demonstrated through a State-identified

English language proficiency assessment.

(e) The results or scores of each assessment taken under

this Section shall be made available to the parents of each

student.

In each school year, the scores attained by a student on

the State assessment that includes a college and career ready

determination must be placed in the student's permanent record

and must be entered on the student's transcript pursuant to

rules that the State Board of Education shall adopt for that

purpose in accordance with Section 3 of the Illinois School

Student Records Act. In each school year, the scores attained

by a student on the State assessments administered in grades 3

through 8 must be placed in the student's temporary record.

(f) All schools shall administer an academic assessment of

English language proficiency in oral language (listening and

speaking) and reading and writing skills to all children

determined to be English learners.

(g) All schools in this State that are part of the sample

drawn by the National Center for Education Statistics, in

collaboration with their school districts and the State Board

of Education, shall administer the biennial academic

assessments under the National Assessment of Educational

Progress carried out under Section 411(b)(2) of the federal

National Education Statistics Act of 1994 (20 U.S.C. 9010) if

the U.S. Secretary of Education pays the costs of administering

the assessments.

(h) Subject to available funds to this State for the

purpose of student assessment, the State Board of Education

shall provide additional assessments and assessment resources

that may be used by school districts for local assessment

purposes. The State Board of Education shall annually

distribute a listing of these additional resources.

(i) For the purposes of this subsection (i), "academically

based assessments" means assessments consisting of questions

and answers that are measurable and quantifiable to measure the

knowledge, skills, and ability of students in the subject

matters covered by the assessments. All assessments

administered pursuant to this Section must be academically

based assessments. The scoring of academically based

assessments shall be reliable, valid, and fair and shall meet

the guidelines for assessment development and use prescribed by

the American Psychological Association, the National Council

on Measurement in Education, and the American Educational

Research Association.

The State Board of Education shall review the use of all

assessment item types in order to ensure that they are valid

and reliable indicators of student performance aligned to the

learning standards being assessed and that the development,

administration, and scoring of these item types are justifiable

in terms of cost.

(j) The State Superintendent of Education shall appoint a

committee of no more than 21 members, consisting of parents,

teachers, school administrators, school board members,

assessment experts, regional superintendents of schools, and

citizens, to review the State assessments administered by the

State Board of Education. The Committee shall select one of its

members as its chairperson. The Committee shall meet on an

ongoing basis to review the content and design of the

assessments (including whether the requirements of subsection

(i) of this Section have been met), the time and money expended

at the local and State levels to prepare for and administer the

assessments, the collective results of the assessments as

measured against the stated purpose of assessing student

performance, and other issues involving the assessments

identified by the Committee. The Committee shall make periodic

recommendations to the State Superintendent of Education and

the General Assembly concerning the assessments.

(k) The State Board of Education may adopt rules to

implement this Section.

(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15;

99-185, eff. 1-1-16; revised 10-16-15.)

(105 ILCS 5/2-3.163)

Sec. 2-3.163. Prioritization of Urgency of Need for

Services database.

(a) The General Assembly makes all of the following

findings:

(1) The Department of Human Services maintains a

statewide database known as the Prioritization of Urgency

of Need for Services that records information about

individuals with developmental disabilities who are

potentially in need of services.

(2) The Department of Human Services uses the data on

Prioritization of Urgency of Need for Services to select

individuals for services as funding becomes available, to

develop proposals and materials for budgeting, and to plan

for future needs.

(3) Prioritization of Urgency of Need for Services is

available for children and adults with a developmental

disability who have an unmet service need anticipated in

the next 5 years.

(4) Prioritization of Urgency of Need for Services is

the first step toward getting developmental disabilities

services in this State. If individuals are not on the

Prioritization of Urgency of Need for Services waiting

list, they are not in queue for State developmental

disabilities services.

(5) Prioritization of Urgency of Need for Services may

be underutilized by children and their parents or guardians

due to lack of awareness or lack of information.

(b) The State Board of Education may work with school

districts to inform all students with developmental

disabilities and their parents or guardians about the

Prioritization of Urgency of Need for Services database.

(c) Subject to appropriation, the Department of Human

Services and State Board of Education shall develop and

implement an online, computer-based training program for at

least one designated employee in every public school in this

State to educate him or her about the Prioritization of Urgency

of Need for Services database and steps to be taken to ensure

children and adolescents are enrolled. The training shall

include instruction for at least one designated employee in

every public school in contacting the appropriate

developmental disabilities Independent Service Coordination

agency to enroll children and adolescents in the database. At

least one designated employee in every public school shall

ensure the opportunity to enroll in the Prioritization of

Urgency of Need for Services database is discussed during

annual individualized education program (IEP) meetings for all

children and adolescents believed to have a developmental

disability.

(d) The State Board of Education, in consultation with the

Department of Human Services, shall inform parents and

guardians of students through school districts about the

Prioritization of Urgency of Need for Services waiting list.

(Source: P.A. 99-144, eff. 1-1-16.)

(105 ILCS 5/2-3.164)

(Section scheduled to be repealed on December 16, 2020)

Sec. 2-3.164 2-3.163. Attendance Commission.

(a) The Attendance Commission is created within the State

Board of Education to study the issue of chronic absenteeism in

this State and make recommendations for strategies to prevent

chronic absenteeism. The Commission shall consist of all of the

following members:

(1) The Director of the Department of Children and

Family Services or his or her designee.

(2) The Chairperson of the State Board of Education or

his or her designee.

(3) The Chairperson of the Board of Higher Education or

his or her designee.

(4) The Secretary of the Department of Human Services

or his or her designee.

(5) The Director of the Department of Public Health or

his or her designee.

(6) The Chairperson of the Illinois Community College

Board or his or her designee.

(7) The Chairperson of the State Charter School

Commission or his or her designee.

(8) An individual that deals with children's

disabilities, impairments, and social emotional issues,

appointed by the State Superintendent of Education.

(9) One member from each of the following

organizations, appointed by the State Superintendent of

Education:

(A) A non-profit organization that advocates for

students in temporary living situations.

(B) An Illinois-focused, non-profit organization

that advocates for the well-being of all children and

families in this State.

(C) An Illinois non-profit, anti-crime

organization of law enforcement that researches and

recommends early learning and youth development

strategies to reduce crime.

(D) An Illinois non-profit organization that

conducts community-organizing around family issues.

(E) A statewide professional teachers'

organization.

(F) A different statewide professional teachers'

organization.

(G) A professional teachers' organization in a

city having a population exceeding 500,000.

(H) An association representing school

administrators.

(I) An association representing school board

members.

(J) An association representing school principals.

(K) An association representing regional

superintendents of schools.

(L) An association representing parents.

(M) An association representing high school

districts.

(N) An association representing large unit

districts.

(O) An organization that advocates for healthier

school environments in Illinois.

(P) An organization that advocates for the health

and safety of Illinois youth and families by providing

capacity building services.

(Q) A statewide association of local philanthropic

organizations that advocates for effective

educational, health, and human service policies to

improve this State's communities.

(R) A statewide organization that advocates for

partnerships among schools, families, and the

community that provide access to support and remove

barriers to learning and development, using schools as

hubs.

(S) An organization representing statewide

programs actively involved in truancy intervention.

Attendance Commission members shall serve without

compensation but shall be reimbursed for their travel expenses

from appropriations to the State Board of Education available

for that purpose and subject to the rules of the appropriate

travel control board.

(b) The Attendance Commission shall meet initially at the

call of the State Superintendent of Education. The members

shall elect a chairperson at their initial meeting. Thereafter,

the Attendance Commission shall meet at the call of the

chairperson. The Attendance Commission shall hold hearings on a

periodic basis to receive testimony from the public regarding

attendance.

(c) The Attendance Commission shall identify strategies,

mechanisms, and approaches to help parents, educators,

principals, superintendents, and the State Board of Education

address and prevent chronic absenteeism and shall recommend to

the General Assembly and State Board of Education:

(1) a standard for attendance and chronic absenteeism,

defining attendance as a calculation of standard clock

hours in a day that equal a full day based on instructional

minutes for both a half day and a full day per learning

environment;

(2) mechanisms to improve data systems to monitor and

track chronic absenteeism across this State in a way that

identifies trends from prekindergarten through grade 12

and allows the identification of students who need

individualized chronic absenteeism prevention plans;

(3) mechanisms for reporting and accountability for

schools and districts across this State, including

creating multiple measure indexes for reporting;

(4) best practices for utilizing attendance and

chronic absenteeism data to create multi-tiered systems of

support and prevention that will result in students being

ready for college and career; and

(5) new initiatives and responses to ongoing

challenges presented by chronic absenteeism.

(d) The State Board of Education shall provide

administrative support to the Commission. The Attendance

Commission shall submit an annual report to the General

Assembly and the State Board of Education no later than

December 15 of each year.

(e) The Attendance Commission is abolished and this Section

is repealed on December 16, 2020.

(Source: P.A. 99-432, eff. 8-21-15; revised 10-5-15.)

(105 ILCS 5/2-3.165)

(Section scheduled to be repealed on June 1, 2016)

Sec. 2-3.165 2-3.163. Virtual education review committee.

(a) The State Superintendent of Education shall establish a

review committee to review virtual education and course choice.

The review committee shall consist of all of the following

individuals appointed by the State Superintendent:

(1) One representative of the State Board of Education,

who shall serve as chairperson.

(2) One parent.

(3) One educator representing a statewide professional

teachers' organization.

(4) One educator representing a different statewide

professional teachers' organization.

(5) One educator representing a professional teachers'

organization in a city having a population exceeding

500,000.

(6) One school district administrator representing an

association that represents school administrators.

(7) One school principal representing an association

that represents school principals.

(8) One school board member representing an

association that represents school board members.

(9) One special education administrator representing

an association that represents special education

administrators.

(10) One representative of a school district in a city

having a population exceeding 500,000.

(11) One school principal representing an association

that represents school principals in a city having a

population exceeding 500,000.

(12) One representative of an education advocacy group

that works with parents.

(13) One representative of an education public policy

organization.

(14) One representative of an institution of higher

education.

(15) One representative of a virtual school in this

State.

The review committee shall also consist of all of the following

members appointed as follows:

(A) One member of the Senate appointed by the President

of the Senate.

(B) One member of the Senate appointed by the Minority

Leader of the Senate.

(C) One member of the House of Representatives

appointed by the Speaker of the House of Representatives.

(D) One member of the House of Representatives

appointed by the Minority Leader of the House of

Representatives.

Members of the review committee shall serve without

compensation, but, subject to appropriation, members may be

reimbursed for travel.

(b) The review committee shall meet at least 4 times, at

the call of the chairperson, to review virtual education and

course choice. This review shall include a discussion on

virtual course access programs, including the ability of

students to enroll in online coursework and access technology

to complete courses. The review committee shall make

recommendations on changes and improvements and provide best

practices for virtual education and course choice in this

State. The review committee shall determine funding mechanisms

and district cost projections to administer course access

programs.

(c) The State Board of Education shall provide

administrative and other support to the review committee.

(d) The review committee shall report its findings and

recommendations to the Governor and General Assembly no later

than May 31, 2016. Upon filing its report, the review committee

is dissolved.

(e) This Section is repealed on June 1, 2016.

(Source: P.A. 99-442, eff. 8-21-15; revised 10-5-15.)

(105 ILCS 5/2-3.166)

Sec. 2-3.166 2-3.163. Youth suicide awareness and

prevention.

(a) This Section may be referred to as Ann Marie's Law.

(b) The State Board of Education shall do both of the

following:

(1) In consultation with a youth suicide prevention

organization operating in this State and organizations

representing school boards and school personnel, develop a

model youth suicide awareness and prevention policy that is

consistent with subsection (c) of this Section.

(2) Compile, develop, and post on its publicly

accessible Internet website both of the following, which

may include materials already publicly available:

(A) Recommended guidelines and educational

materials for training and professional development.

(B) Recommended resources and age-appropriate

educational materials on youth suicide awareness and

prevention.

(c) The model policy developed by the State Board of

Education under subsection (b) of this Section and any policy

adopted by a school board under subsection (d) of this Section

shall include all of the following:

(1) A statement on youth suicide awareness and

prevention.

(2) Protocols for administering youth suicide

awareness and prevention education to staff and students.

(3) Methods of prevention, including procedures for

early identification and referral of students at risk of

suicide.

(4) Methods of intervention, including procedures that

address an emotional or mental health safety plan for

students identified as being at increased risk of suicide.

(5) Methods of responding to a student or staff suicide

or suicide attempt.

(6) Reporting procedures.

(7) Recommended resources on youth suicide awareness

and prevention programs, including current contact

information for such programs.

(d) Beginning with the 2015-2016 school year, each school

board shall review and update its current suicide awareness and

prevention policy to be consistent with subsection (c) of this

Section or adopt an age-appropriate youth suicide awareness and

prevention policy consistent with subsection (c) of this

Section, inform each school district employee and the parent or

legal guardian of each student enrolled in the school district

of such policy, and post such policy on the school district's

publicly accessible Internet website. The policy adopted by a

school board under this subsection (d) may be based upon the

model policy developed by the State Board of Education under

subsection (b) of this Section.

(Source: P.A. 99-443, eff. 8-21-15; revised 10-5-15.)

(105 ILCS 5/5-2.2)

Sec. 5-2.2. Designation of trustees; Township 36 North,

Range 13 East. After the April 5, 2011 consolidated election,

the trustees of schools in Township 36 North, Range 13 East

shall no longer be elected pursuant to the provisions of

Sections 5-2, 5-2.1, 5-3, 5-4, 5-12, and 5-13 of this Code. Any

such trustees elected before such date may complete the term to

which that trustee was elected, but shall not be succeeded by

election. Instead, the board of education or board of school

directors of each of the elementary and high school districts

that are subject to the jurisdiction of Township 36 North,

Range 13 East shall appoint one of the members to serve as

trustee of schools. The trustees of schools shall be appointed

by each board of education or board of school directors within

60 days after the effective date of this amendatory Act of the

97th General Assembly and shall reorganize within 30 days after

all the trustees of schools have been appointed or within 30

days after all the trustees of schools were due to have been

appointed, whichever is sooner. Trustees of schools so

appointed shall serve at the pleasure of the board of education

or board of school directors appointing them, but in no event

longer than 2 years unless reappointed.

A majority of members of the trustees of schools shall

constitute a quorum for the transaction of business. The

trustees shall organize by appointing one of their number

president, who shall hold the office for 2 years. If the

president is absent from any meeting, or refuses to perform any

of the duties of the office, a president pro-tempore may be

appointed. Trustees who serve on the board as a result of

appointment or election at the time of the reorganization shall

continue to serve as a member of the trustees of schools, with

no greater or lesser lessor authority than any other trustee,

until such time as their elected term expires.

Each trustee of schools appointed by a board of education

or board of school directors shall be entitled to

indemnification and protection against claims and suits by the

board that appointed that trustee of schools for acts or

omissions as a trustee of schools in the same manner and to the

same extent as the trustee of schools is entitled to

indemnification and protection for acts or omissions as a

member of the board of education or board of school directors

under Section 10-20.20 of this Code.

(Source: P.A. 97-631, eff. 12-8-11; revised 10-15-15.)

(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)

Sec. 10-17a. State, school district, and school report

cards.

(1) By October 31, 2013 and October 31 of each subsequent

school year, the State Board of Education, through the State

Superintendent of Education, shall prepare a State report card,

school district report cards, and school report cards, and

shall by the most economic means provide to each school

district in this State, including special charter districts and

districts subject to the provisions of Article 34, the report

cards for the school district and each of its schools.

(2) In addition to any information required by federal law,

the State Superintendent shall determine the indicators and

presentation of the school report card, which must include, at

a minimum, the most current data possessed by the State Board

of Education related to the following:

(A) school characteristics and student demographics,

including average class size, average teaching experience,

student racial/ethnic breakdown, and the percentage of

students classified as low-income; the percentage of

students classified as English learners; the percentage of

students who have individualized education plans or 504

plans that provide for special education services; the

percentage of students who annually transferred in or out

of the school district; the per-pupil operating

expenditure of the school district; and the per-pupil State

average operating expenditure for the district type

(elementary, high school, or unit);

(B) curriculum information, including, where

applicable, Advanced Placement, International

Baccalaureate or equivalent courses, dual enrollment

courses, foreign language classes, school personnel

resources (including Career Technical Education teachers),

before and after school programs, extracurricular

activities, subjects in which elective classes are

offered, health and wellness initiatives (including the

average number of days of Physical Education per week per

student), approved programs of study, awards received,

community partnerships, and special programs such as

programming for the gifted and talented, students with

disabilities, and work-study students;

(C) student outcomes, including, where applicable, the

percentage of students deemed proficient on assessments of

State standards, the percentage of students in the eighth

grade who pass Algebra, the percentage of students enrolled

in post-secondary institutions (including colleges,

universities, community colleges, trade/vocational

schools, and training programs leading to career

certification within 2 semesters of high school

graduation), the percentage of students graduating from

high school who are college and career ready, and the

percentage of graduates enrolled in community colleges,

colleges, and universities who are in one or more courses

that the community college, college, or university

identifies as a developmental course;

(D) student progress, including, where applicable, the

percentage of students in the ninth grade who have earned 5

credits or more without failing more than one core class, a

measure of students entering kindergarten ready to learn, a

measure of growth, and the percentage of students who enter

high school on track for college and career readiness;

(E) the school environment, including, where

applicable, the percentage of students with less than 10

absences in a school year, the percentage of teachers with

less than 10 absences in a school year for reasons other

than professional development, leaves taken pursuant to

the federal Family Medical Leave Act of 1993, long-term

disability, or parental leaves, the 3-year average of the

percentage of teachers returning to the school from the

previous year, the number of different principals at the

school in the last 6 years, 2 or more indicators from any

school climate survey selected or approved by the State and

administered pursuant to Section 2-3.153 of this Code, with

the same or similar indicators included on school report

cards for all surveys selected or approved by the State

pursuant to Section 2-3.153 of this Code, and the combined

percentage of teachers rated as proficient or excellent in

their most recent evaluation; and

(F) a school district's and its individual schools'

balanced accountability measure, in accordance with

Section 2-3.25a of this Code.

The school report card shall also provide information that

allows for comparing the current outcome, progress, and

environment data to the State average, to the school data from

the past 5 years, and to the outcomes, progress, and

environment of similar schools based on the type of school and

enrollment of low-income students, special education students,

and English learners.

(3) At the discretion of the State Superintendent, the

school district report card shall include a subset of the

information identified in paragraphs (A) through (E) of

subsection (2) of this Section, as well as information relating

to the operating expense per pupil and other finances of the

school district, and the State report card shall include a

subset of the information identified in paragraphs (A) through

(E) of subsection (2) of this Section.

(4) Notwithstanding anything to the contrary in this

Section, in consultation with key education stakeholders, the

State Superintendent shall at any time have the discretion to

amend or update any and all metrics on the school, district, or

State report card.

(5) Annually, no more than 30 calendar days after receipt

of the school district and school report cards from the State

Superintendent of Education, each school district, including

special charter districts and districts subject to the

provisions of Article 34, shall present such report cards at a

regular school board meeting subject to applicable notice

requirements, post the report cards on the school district's

Internet web site, if the district maintains an Internet web

site, make the report cards available to a newspaper of general

circulation serving the district, and, upon request, send the

report cards home to a parent (unless the district does not

maintain an Internet web site, in which case the report card

shall be sent home to parents without request). If the district

posts the report card on its Internet web site, the district

shall send a written notice home to parents stating (i) that

the report card is available on the web site, (ii) the address

of the web site, (iii) that a printed copy of the report card

will be sent to parents upon request, and (iv) the telephone

number that parents may call to request a printed copy of the

report card.

(6) Nothing contained in this amendatory Act of the 98th

General Assembly repeals, supersedes, invalidates, or

nullifies final decisions in lawsuits pending on the effective

date of this amendatory Act of the 98th General Assembly in

Illinois courts involving the interpretation of Public Act

97-8.

(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,

eff. 7-10-15; 99-193, eff. 7-30-15; revised 10-21-15.)

(105 ILCS 5/10-20.56)

Sec. 10-20.56. E-learning days.

(a) The State Board of Education shall establish and

maintain, for implementation in selected school districts

during the 2015-2016, 2016-2017, and 2017-2018 school years, a

pilot program for use of electronic-learning (e-learning)

days, as described in this Section. The State Superintendent of

Education shall select up to 3 school districts for this

program, at least one of which may be an elementary or unit

school district. The use of e-learning days may not begin until

the second semester of the 2015-2016 school year, and the pilot

program shall conclude with the end of the 2017-2018 school

year. On or before June 1, 2019, the State Board shall report

its recommendation for expansion, revision, or discontinuation

of the program to the Governor and General Assembly.

(b) The school board of a school district selected by the

State Superintendent of Education under subsection (a) of this

Section may, by resolution, adopt a research-based program or

research-based programs for e-learning days district-wide that

shall permit student instruction to be received electronically

while students are not physically present in lieu of the

district's scheduled emergency days as required by Section

10-19 of this Code. The research-based program or programs may

not exceed the minimum number of emergency days in the approved

school calendar and must be submitted to the State

Superintendent for approval on or before September 1st annually

to ensure access for all students. The State Superintendent

shall approve programs that ensure that the specific needs of

all students are met, including special education students and

English learners, and that all mandates are still met using the

proposed research-based program. The e-learning program may

utilize the Internet, telephones, texts, chat rooms, or other

similar means of electronic communication for instruction and

interaction between teachers and students that meet the needs

of all learners.

(c) Before its adoption by a school board, a school

district's initial proposal for an e-learning program or for

renewal of such a program must be approved by the State Board

of Education and shall follow a public hearing, at a regular or

special meeting of the school board, in which the terms of the

proposal must be substantially presented and an opportunity for

allowing public comments must be provided. Notice of such

public hearing must be provided at least 10 days prior to the

hearing by:

(1) publication in a newspaper of general circulation

in the school district;

(2) written or electronic notice designed to reach the

parents or guardians of all students enrolled in the school

district; and

(3) written or electronic notice designed to reach any

exclusive collective bargaining representatives of school

district employees and all those employees not in a

collective bargaining unit.

(d) A proposal for an e-learning program must be timely

approved by the State Board of Education if the requirements

specified in this Section have been met and if, in the view of

the State Board of Education, the proposal contains provisions

designed to reasonably and practicably accomplish the

following:

(1) to ensure and verify at least 5 clock hours of

instruction or school work for each student participating

in an e-learning day;

(2) to ensure access from home or other appropriate

remote facility for all students participating, including

computers, the Internet, and other forms of electronic

communication that must be utilized in the proposed

program;

(3) to ensure appropriate learning opportunities for

students with special needs;

(4) to monitor and verify each student's electronic

participation;

(5) to address the extent to which student

participation is within the student's control as to the

time, pace, and means of learning;

(6) to provide effective notice to students and their

parents or guardians of the use of particular days for

e-learning;

(7) to provide staff and students with adequate

training for e-learning days' participation;

(8) to ensure an opportunity for any collective

bargaining negotiations with representatives of the school

district's employees that would be legally required; and

(9) to review and revise the program as implemented to

address difficulties confronted.

The State Board of Education's approval of a school

district's initial e-learning program and renewal of the

e-learning program shall be for a term of 3 years.

(e) The State Board of Education may adopt rules governing

its supervision and review of e-learning programs consistent

with the provision of this Section. However, in the absence of

such rules, school districts may submit proposals for State

Board of Education consideration under the authority of this

Section.

(Source: P.A. 99-194, eff. 7-30-15.)

(105 ILCS 5/10-20.57)

Sec. 10-20.57 10-20.56. Carbon monoxide alarm required.

(a) In this Section:

"Approved carbon monoxide alarm" and "alarm" have the

meaning ascribed to those terms in the Carbon Monoxide Alarm

Detector Act.

"Carbon monoxide detector" and "detector" mean a device

having a sensor that responds to carbon monoxide gas and that

is connected to an alarm control unit and approved in

accordance with rules adopted by the State Fire Marshal.

(b) A school board shall require that each school under its

authority be equipped with approved carbon monoxide alarms or

carbon monoxide detectors. The alarms must be powered as

follows:

(1) For a school designed before January 1, 2016 (the

effective date of Public Act 99-470) this amendatory Act of

the 99th General Assembly, alarms powered by batteries are

permitted. In accordance with Section 17-2.11 of this Code,

alarms permanently powered by the building's electrical

system and monitored by any required fire alarm system are

also permitted. Fire prevention and safety tax levy

proceeds or bond proceeds may be used for alarms.

(2) For a school designed on or after January 1, 2016

(the effective date of Public Act 99-470) this amendatory

Act of the 99th General Assembly, alarms must be

permanently powered by the building's electrical system or

be an approved carbon monoxide detection system. An

installation required in this subdivision (2) must be

monitored by any required fire alarm system.

Alarms or detectors must be located within 20 feet of a

carbon monoxide emitting device. Alarms or detectors must be in

operating condition and be inspected annually. A school is

exempt from the requirements of this Section if it does not

have or is not close to any sources of carbon monoxide. A

school must require plans, protocols, and procedures in

response to the activation of a carbon monoxide alarm or carbon

monoxide detection system.

(Source: P.A. 99-470, eff. 1-1-16; revised 10-19-15.)

(105 ILCS 5/10-29)

Sec. 10-29. Remote educational programs.

(a) For purposes of this Section, "remote educational

program" means an educational program delivered to students in

the home or other location outside of a school building that

meets all of the following criteria:

(1) A student may participate in the program only after

the school district, pursuant to adopted school board

policy, and a person authorized to enroll the student under

Section 10-20.12b of this Code determine that a remote

educational program will best serve the student's

individual learning needs. The adopted school board policy

shall include, but not be limited to, all of the following:

(A) Criteria for determining that a remote

educational program will best serve a student's

individual learning needs. The criteria must include

consideration of, at a minimum, a student's prior

attendance, disciplinary record, and academic history.

(B) Any limitations on the number of students or

grade levels that may participate in a remote

educational program.

(C) A description of the process that the school

district will use to approve participation in the

remote educational program. The process must include

without limitation a requirement that, for any student

who qualifies to receive services pursuant to the

federal Individuals with Disabilities Education

Improvement Act of 2004, the student's participation

in a remote educational program receive prior approval

from the student's individualized education program

team.

(D) A description of the process the school

district will use to develop and approve a written

remote educational plan that meets the requirements of

subdivision (5) of this subsection (a).

(E) A description of the system the school district

will establish to calculate the number of clock hours a

student is participating in instruction in accordance

with the remote educational program.

(F) A description of the process for renewing a

remote educational program at the expiration of its

term.

(G) Such other terms and provisions as the school

district deems necessary to provide for the

establishment and delivery of a remote educational

program.

(2) The school district has determined that the remote

educational program's curriculum is aligned to State

learning standards and that the program offers instruction

and educational experiences consistent with those given to

students at the same grade level in the district.

(3) The remote educational program is delivered by

instructors that meet the following qualifications:

(A) they are certificated under Article 21 of this

Code;

(B) they meet applicable highly qualified criteria

under the federal No Child Left Behind Act of 2001; and

(C) they have responsibility for all of the

following elements of the program: planning

instruction, diagnosing learning needs, prescribing

content delivery through class activities, assessing

learning, reporting outcomes to administrators and

parents and guardians, and evaluating the effects of

instruction.

(4) During the period of time from and including the

opening date to the closing date of the regular school term

of the school district established pursuant to Section

10-19 of this Code, participation in a remote educational

program may be claimed for general State aid purposes under

Section 18-8.05 of this Code on any calendar day,

notwithstanding whether the day is a day of pupil

attendance or institute day on the school district's

calendar or any other provision of law restricting

instruction on that day. If the district holds year-round

classes in some buildings, the district shall classify each

student's participation in a remote educational program as

either on a year-round or a non-year-round schedule for

purposes of claiming general State aid. Outside of the

regular school term of the district, the remote educational

program may be offered as part of any summer school program

authorized by this Code.

(5) Each student participating in a remote educational

program must have a written remote educational plan that

has been approved by the school district and a person

authorized to enroll the student under Section 10-20.12b of

this Code. The school district and a person authorized to

enroll the student under Section 10-20.12b of this Code

must approve any amendment to a remote educational plan.

The remote educational plan must include, but is not

limited to, all of the following:

(A) Specific achievement goals for the student

aligned to State learning standards.

(B) A description of all assessments that will be

used to measure student progress, which description

shall indicate the assessments that will be

administered at an attendance center within the school

district.

(C) A description of the progress reports that will

be provided to the school district and the person or

persons authorized to enroll the student under Section

10-20.12b of this Code.

(D) Expectations, processes, and schedules for

interaction between a teacher and student.

(E) A description of the specific responsibilities

of the student's family and the school district with

respect to equipment, materials, phone and Internet

service, and any other requirements applicable to the

home or other location outside of a school building

necessary for the delivery of the remote educational

program.

(F) If applicable, a description of how the remote

educational program will be delivered in a manner

consistent with the student's individualized education

program required by Section 614(d) of the federal

Individuals with Disabilities Education Improvement

Act of 2004 or plan to ensure compliance with Section

504 of the federal Rehabilitation Act of 1973.

(G) A description of the procedures and

opportunities for participation in academic and

extra-curricular activities and programs within the

school district.

(H) The identification of a parent, guardian, or

other responsible adult who will provide direct

supervision of the program. The plan must include an

acknowledgment by the parent, guardian, or other

responsible adult that he or she may engage only in

non-teaching duties not requiring instructional

judgment or the evaluation of a student. The plan shall

designate the parent, guardian, or other responsible

adult as non-teaching personnel or volunteer personnel

under subsection (a) of Section 10-22.34 of this Code.

(I) The identification of a school district

administrator who will oversee the remote educational

program on behalf of the school district and who may be

contacted by the student's parents with respect to any

issues or concerns with the program.

(J) The term of the student's participation in the

remote educational program, which may not extend for

longer than 12 months, unless the term is renewed by

the district in accordance with subdivision (7) of this

subsection (a).

(K) A description of the specific location or

locations in which the program will be delivered. If

the remote educational program is to be delivered to a

student in any location other than the student's home,

the plan must include a written determination by the

school district that the location will provide a

learning environment appropriate for the delivery of

the program. The location or locations in which the

program will be delivered shall be deemed a long

distance teaching reception area under subsection (a)

of Section 10-22.34 of this Code.

(L) Certification by the school district that the

plan meets all other requirements of this Section.

(6) Students participating in a remote educational

program must be enrolled in a school district attendance

center pursuant to the school district's enrollment policy

or policies. A student participating in a remote

educational program must be tested as part of all

assessments administered by the school district pursuant

to Section 2-3.64a-5 of this Code at the attendance center

in which the student is enrolled and in accordance with the

attendance center's assessment policies and schedule. The

student must be included within all accountability

determinations for the school district and attendance

center under State and federal law.

(7) The term of a student's participation in a remote

educational program may not extend for longer than 12

months, unless the term is renewed by the school district.

The district may only renew a student's participation in a

remote educational program following an evaluation of the

student's progress in the program, a determination that the

student's continuation in the program will best serve the

student's individual learning needs, and an amendment to

the student's written remote educational plan addressing

any changes for the upcoming term of the program.

For purposes of this Section, a remote educational program

does not include instruction delivered to students through an

e-learning program approved under Section 10-20.56 of this

Code.

(b) A school district may, by resolution of its school

board, establish a remote educational program.

(c) Clock hours of instruction by students in a remote

educational program meeting the requirements of this Section

may be claimed by the school district and shall be counted as

school work for general State aid purposes in accordance with

and subject to the limitations of Section 18-8.05 of this Code.

(d) The impact of remote educational programs on wages,

hours, and terms and conditions of employment of educational

employees within the school district shall be subject to local

collective bargaining agreements.

(e) The use of a home or other location outside of a school

building for a remote educational program shall not cause the

home or other location to be deemed a public school facility.

(f) A remote educational program may be used, but is not

required, for instruction delivered to a student in the home or

other location outside of a school building that is not claimed

for general State aid purposes under Section 18-8.05 of this

Code.

(g) School districts that, pursuant to this Section, adopt

a policy for a remote educational program must submit to the

State Board of Education a copy of the policy and any

amendments thereto, as well as data on student participation in

a format specified by the State Board of Education. The State

Board of Education may perform or contract with an outside

entity to perform an evaluation of remote educational programs

in this State.

(h) The State Board of Education may adopt any rules

necessary to ensure compliance by remote educational programs

with the requirements of this Section and other applicable

legal requirements.

(Source: P.A. 98-972, eff. 8-15-14; 99-193, eff. 7-30-15;

99-194, eff. 7-30-15; revised 10-9-15.)

(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

English learners 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 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 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; 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 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

English learners with disabilities shall be in non-restrictive

environments which provide for integration with 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; 99-30, eff. 7-10-15; 99-143,

eff. 7-27-15; revised 10-21-15.)

(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 the Local Government

Debt Limitation Act "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 August 14, 1998

(the effective date of Public Act 90-757) 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 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) 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) shall not be considered indebtedness for purposes of

any statutory debt limitation. Bonds issued under this

subsection (p-100) 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-105) In addition to all other authority to issue bonds,

North Shore School District 112 may issue bonds with an

aggregate principal amount not to exceed $150,000,000, 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 March

15, 2016.

(2) Prior to the issuance of the bonds, the school

board determines, by resolution, that (i) the building and

equipping of new buildings and improving the sites thereof

and the building and equipping of additions to, altering,

repairing, equipping, and renovating existing buildings

and improving the sites thereof are required as a result of

the age and condition of the district's existing buildings

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, 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 $150,000,000.

(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 March 15, 2016.

The debt incurred on any bonds issued under this subsection

(p-105) and on any bonds issued to refund or continue to refund

such bonds shall not be considered indebtedness for purposes of

any statutory debt limitation. Bonds issued under this

subsection (p-105) and any bonds issued to refund or continue

to refund such bonds 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-110) In addition to all other authority to issue bonds,

Sandoval Community Unit School District 501 may issue bonds

with an aggregate principal amount not to exceed $2,000,000,

but only if all of the following conditions are met:

(1) The voters of the district approved a proposition

for the bond issuance at an election held on March 20,

2012.

(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 because of

the age and current condition of the Sandoval Elementary

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 bond

issuances, on or before March 19, 2017, but the aggregate

principal amount issued in all such bond issuances combined

must not exceed $2,000,000.

(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 the election

held on March 20, 2012.

The debt incurred on any bonds issued under this subsection

(p-110) shall not be considered indebtedness for purposes of

any statutory debt limitation.

(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. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14;

98-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff.

7-27-15; 99-390, eff. 8-18-15; revised 10-13-15.)

(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, (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 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 or passes a test of basic

skills and content area test, as required by

Section 21B-30 of this Code, prior to or within one

year after issuance of the provisional educator

endorsement on the Educator License with

Stipulations. If an individual who holds an

Educator License with Stipulations endorsed for

provisional educator has not passed a test of basic

skills and applicable content area test or tests

within one year after issuance of the endorsement,

the endorsement shall expire on June 30 following

one full year of the endorsement being issued. If

such an individual has passed the test of basic

skills and applicable content area test or tests

either prior to issuance of the endorsement or

within one year after issuance of the endorsement,

the endorsement is valid until June 30 immediately

following 2 years of the license being issued,

during which time any and all coursework

deficiencies must be met and any and all additional

testing deficiencies must be met.

In addition, a provisional educator endorsement for

principals or superintendents may be issued if the

individual meets the requirements set forth in

subdivisions (1) and (3) of subsection (b-5) of Section

21B-35 of this Code. Applicants who have not been

entitled by an Illinois-approved educator preparation

program at an Illinois institution of higher education

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.

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, provided that any remaining testing and

coursework deficiencies are met as set forth in this

Section. 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. An Educator License with

Stipulations endorsed for provisional educator shall

not be renewed for individuals who hold an Educator

License with Stipulations and who have held a position

in a public school or non-public school recognized by

the State Board of Education.

(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 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. For

individuals who were issued the career and technical

educator endorsement on an Educator License with

Stipulations on or after January 1, 2015, the license

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. For individuals who were issued

the provisional career and technical educator

endorsement on an Educator License with Stipulations

on or after January 1, 2015, the license may be renewed

one time 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.

(K) Chief school business official. A chief school

business official endorsement on an Educator License

with Stipulations may be issued to an applicant who

qualifies by having a master's degree or higher, 2

years of full-time administrative experience in school

business management or 2 years of university-approved

practical experience, and a minimum of 24 semester

hours of graduate credit in a program approved by the

State Board of Education for the preparation of school

business administrators and by passage of the

applicable State tests, including a test of basic

skills and applicable content area test.

The chief school business official endorsement may

also be affixed to the Educator License with

Stipulations of any holder who qualifies by having a

master's degree in business administration, finance,

or accounting and who completes an additional 6

semester hours of internship in school business

management from a regionally accredited institution of

higher education and passes the applicable State

tests, including a test of basic skills and applicable

content area test. This endorsement shall be required

for any individual employed as a chief school business

official.

The chief school business official 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

license holder completes renewal requirements as

required for individuals who hold a Professional

Educator License endorsed for chief school business

official under Section 21B-45 of this Code and such

rules as may be adopted by the State Board of

Education.

(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. 98-28, eff. 7-1-13; 98-751, eff. 1-1-15; 99-35,

eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, eff. 7-27-15; revised

10-14-15.)

(105 ILCS 5/21B-45)

Sec. 21B-45. Professional Educator License renewal.

(a) Individuals holding a Professional Educator License

are required to complete the licensure renewal requirements as

specified in this Section, unless otherwise provided in this

Code.

Individuals holding a Professional Educator License shall

meet the renewal requirements set forth in this Section, unless

otherwise provided in this Code. If an individual holds a

license endorsed in more than one area that has different

renewal requirements, that individual shall follow the renewal

requirements for the position for which he or she spends the

majority of his or her time working.

(b) All Professional Educator Licenses not renewed as

provided in this Section shall lapse on September 1 of that

year. Lapsed licenses may be immediately reinstated upon (i)

payment by the applicant of a $500 penalty to the State Board

of Education or (ii) the demonstration of proficiency by

completing 9 semester hours of coursework from a regionally

accredited institution of higher education in the content area

that most aligns with one or more of the educator's endorsement

areas. Any and all back fees, including without limitation

registration fees owed from the time of expiration of the

license until the date of reinstatement, shall be paid and kept

in accordance with the provisions in Article 3 of this Code

concerning an institute fund and the provisions in Article 21B

of this Code concerning fees and requirements for registration.

Licenses not registered in accordance with Section 21B-40 of

this Code shall lapse after a period of 6 months from the

expiration of the last year of registration. An unregistered

license is invalid after September 1 for employment and

performance of services in an Illinois public or State-operated

school or cooperative and in a charter school. Any license or

endorsement may be voluntarily surrendered by the license

holder. A voluntarily surrendered license, except a substitute

teaching license issued under Section 21B-20 of this Code,

shall be treated as a revoked license. An Educator License with

Stipulations with only a paraprofessional endorsement does not

lapse.

(c) From July 1, 2013 through June 30, 2014, in order to

satisfy the requirements for licensure renewal provided for in

this Section, each professional educator licensee with an

administrative endorsement who is working in a position

requiring such endorsement shall complete one Illinois

Administrators' Academy course, as described in Article 2 of

this Code, per fiscal year.

(d) Beginning July 1, 2014, in order to satisfy the

requirements for licensure renewal provided for in this

Section, each professional educator licensee may create a

professional development plan each year. The plan shall address

one or more of the endorsements that are required of his or her

educator position if the licensee is employed and performing

services in an Illinois public or State-operated school or

cooperative. If the licensee is employed in a charter school,

the plan shall address that endorsement or those endorsements

most closely related to his or her educator position. Licensees

employed and performing services in any other Illinois schools

may participate in the renewal requirements by adhering to the

same process.

Except as otherwise provided in this Section, the

licensee's professional development activities shall align

with one or more of the following criteria:

(1) activities are of a type that engage participants

over a sustained period of time allowing for analysis,

discovery, and application as they relate to student

learning, social or emotional achievement, or well-being;

(2) professional development aligns to the licensee's

performance;

(3) outcomes for the activities must relate to student

growth or district improvement;

(4) activities align to State-approved standards; and

(5) higher education coursework.

(e) For each renewal cycle, each professional educator

licensee shall engage in professional development activities.

Prior to renewal, the licensee shall enter electronically into

the Educator Licensure Information System (ELIS) the name,

date, and location of the activity, the number of professional

development hours, and the provider's name. The following

provisions shall apply concerning professional development

activities:

(1) Each licensee shall complete a total of 120 hours

of professional development per 5-year renewal cycle in

order to renew the license, except as otherwise provided in

this Section.

(2) Beginning with his or her first full 5-year cycle,

any licensee with an administrative endorsement who is not

working in a position requiring such endorsement shall

complete one Illinois Administrators' Academy course, as

described in Article 2 of this Code, in each 5-year renewal

cycle in which the administrative endorsement was held for

at least one year. The Illinois Administrators' Academy

course may count toward the total of 120 hours per 5-year

cycle.

(3) Any licensee with an administrative endorsement

who is working in a position requiring such endorsement or

an individual with a Teacher Leader endorsement serving in

an administrative capacity at least 50% of the day shall

complete one Illinois Administrators' Academy course, as

described in Article 2 of this Code, each fiscal year in

addition to 100 hours of professional development per

5-year renewal cycle in accordance with this Code.

(4) Any licensee holding a current National Board for

Professional Teaching Standards (NBPTS) master teacher

designation shall complete a total of 60 hours of

professional development per 5-year renewal cycle in order

to renew the license.

(5) Licensees working in a position that does not

require educator licensure or working in a position for

less than 50% for any particular year are considered to be

exempt and shall be required to pay only the registration

fee in order to renew and maintain the validity of the

license.

(6) Licensees who are retired and qualify for benefits

from a State retirement system shall notify the State Board

of Education using ELIS, and the license shall be

maintained in retired status. An individual with a license

in retired status shall not be required to complete

professional development activities or pay registration

fees until returning to a position that requires educator

licensure. Upon returning to work in a position that

requires the Professional Educator License, the licensee

shall immediately pay a registration fee and complete

renewal requirements for that year. A license in retired

status cannot lapse.

(7) For any renewal cycle in which professional

development hours were required, but not fulfilled, the

licensee shall complete any missed hours to total the

minimum professional development hours required in this

Section prior to September 1 of that year. For any fiscal

year or renewal cycle in which an Illinois Administrators'

Academy course was required but not completed, the licensee

shall complete any missed Illinois Administrators' Academy

courses prior to September 1 of that year. The licensee may

complete all deficient hours and Illinois Administrators'

Academy courses while continuing to work in a position that

requires that license until September 1 of that year.

(8) Any licensee who has not fulfilled the professional

development renewal requirements set forth in this Section

at the end of any 5-year renewal cycle is ineligible to

register his or her license and may submit an appeal to the

State Superintendent of Education for reinstatement of the

license.

(9) If professional development opportunities were

unavailable to a licensee, proof that opportunities were

unavailable and request for an extension of time beyond

August 31 to complete the renewal requirements may be

submitted from April 1 through June 30 of that year to the

State Educator Preparation and Licensure Board. If an

extension is approved, the license shall remain valid

during the extension period.

(10) Individuals who hold exempt licenses prior to

December 27, 2013 (the effective date of Public Act 98-610)

this amendatory Act of the 98th General Assembly shall

commence the annual renewal process with the first

scheduled registration due after December 27, 2013 (the

effective date of Public Act 98-610) this amendatory Act of

the 98th General Assembly.

(f) At the time of renewal, each licensee shall respond to

the required questions under penalty of perjury.

(g) The following entities shall be designated as approved

to provide professional development activities for the renewal

of Professional Educator Licenses:

(1) The State Board of Education.

(2) Regional offices of education and intermediate

service centers.

(3) Illinois professional associations representing

the following groups that are approved by the State

Superintendent of Education:

(A) school administrators;

(B) principals;

(C) school business officials;

(D) teachers, including special education

teachers;

(E) school boards;

(F) school districts;

(G) parents; and

(H) school service personnel.

(4) Regionally accredited institutions of higher

education that offer Illinois-approved educator

preparation programs and public community colleges subject

to the Public Community College Act.

(5) Illinois public school districts, charter schools

authorized under Article 27A of this Code, and joint

educational programs authorized under Article 10 of this

Code for the purposes of providing career and technical

education or special education services.

(6) A not-for-profit organization that, as of December

31, 2014 (the effective date of Public Act 98-1147) this

amendatory Act of the 98th General Assembly, has had or has

a grant from or a contract with the State Board of

Education to provide professional development services in

the area of English Learning to Illinois school districts,

teachers, or administrators.

(7) State agencies, State boards, and State

commissions.

(8) (7) Museums as defined in Section 10 of the Museum

Disposition of Property Act.

(h) Approved providers under subsection (g) of this Section

shall make available professional development opportunities

that satisfy at least one of the following:

(1) increase the knowledge and skills of school and

district leaders who guide continuous professional

development;

(2) improve the learning of students;

(3) organize adults into learning communities whose

goals are aligned with those of the school and district;

(4) deepen educator's content knowledge;

(5) provide educators with research-based

instructional strategies to assist students in meeting

rigorous academic standards;

(6) prepare educators to appropriately use various

types of classroom assessments;

(7) use learning strategies appropriate to the

intended goals;

(8) provide educators with the knowledge and skills to

collaborate; or

(9) prepare educators to apply research to

decision-making.

(i) Approved providers under subsection (g) of this Section

shall do the following:

(1) align professional development activities to the

State-approved national standards for professional

learning;

(2) meet the professional development criteria for

Illinois licensure renewal;

(3) produce a rationale for the activity that explains

how it aligns to State standards and identify the

assessment for determining the expected impact on student

learning or school improvement;

(4) maintain original documentation for completion of

activities; and

(5) provide license holders with evidence of

completion of activities.

(j) The State Board of Education shall conduct annual

audits of approved providers, except for school districts,

which shall be audited by regional offices of education and

intermediate service centers. The State Board of Education

shall complete random audits of licensees.

(1) Approved providers shall annually submit to the

State Board of Education a list of subcontractors used for

delivery of professional development activities for which

renewal credit was issued and other information as defined

by rule.

(2) Approved providers shall annually submit data to

the State Board of Education demonstrating how the

professional development activities impacted one or more

of the following:

(A) educator and student growth in regards to

content knowledge or skills, or both;

(B) educator and student social and emotional

growth; or

(C) alignment to district or school improvement

plans.

(3) The State Superintendent of Education shall review

the annual data collected by the State Board of Education,

regional offices of education, and intermediate service

centers in audits to determine if the approved provider has

met the criteria and should continue to be an approved

provider or if further action should be taken as provided

in rules.

(k) Registration fees shall be paid for the next renewal

cycle between April 1 and June 30 in the last year of each

5-year renewal cycle using ELIS. If all required professional

development hours for the renewal cycle have been completed and

entered by the licensee, the licensee shall pay the

registration fees for the next cycle using a form of credit or

debit card.

(l) Beginning July 1, 2014, any professional educator

licensee endorsed for school support personnel who is employed

and performing services in Illinois public schools and who

holds an active and current professional license issued by the

Department of Financial and Professional Regulation related to

the endorsement areas on the Professional Educator License

shall be deemed to have satisfied the continuing professional

development requirements provided for in this Section. Such

individuals shall be required to pay only registration fees to

renew the Professional Educator License. An individual who does

not hold a license issued by the Department of Financial and

Professional Regulation shall complete professional

development requirements for the renewal of a Professional

Educator License provided for in this Section.

(m) Appeals to the State Educator Preparation and Licensure

Board must be made within 30 days after receipt of notice from

the State Superintendent of Education that a license will not

be renewed based upon failure to complete the requirements of

this Section. A licensee may appeal that decision to the State

Educator Preparation and Licensure Board in a manner prescribed

by rule.

(1) Each appeal shall state the reasons why the State

Superintendent's decision should be reversed and shall be

sent by certified mail, return receipt requested, to the

State Board of Education.

(2) The State Educator Preparation and Licensure Board

shall review each appeal regarding renewal of a license

within 90 days after receiving the appeal in order to

determine whether the licensee has met the requirements of

this Section. The State Educator Preparation and Licensure

Board may hold an appeal hearing or may make its

determination based upon the record of review, which shall

consist of the following:

(A) the regional superintendent of education's

rationale for recommending nonrenewal of the license,

if applicable;

(B) any evidence submitted to the State

Superintendent along with the individual's electronic

statement of assurance for renewal; and

(C) the State Superintendent's rationale for

nonrenewal of the license.

(3) The State Educator Preparation and Licensure Board

shall notify the licensee of its decision regarding license

renewal by certified mail, return receipt requested, no

later than 30 days after reaching a decision. Upon receipt

of notification of renewal, the licensee, using ELIS, shall

pay the applicable registration fee for the next cycle

using a form of credit or debit card.

(n) The State Board of Education may adopt rules as may be

necessary to implement this Section.

(Source: P.A. 98-610, eff. 12-27-13; 98-1147, eff. 12-31-14;

99-58, eff. 7-16-15; 99-130, eff. 7-24-15; revised 10-21-15.)

(105 ILCS 5/22-30)

Sec. 22-30. Self-administration and self-carry of asthma

medication and epinephrine auto-injectors; administration of

undesignated epinephrine auto-injectors; administration of an

opioid antagonist.

(a) For the purpose of this Section only, the following

terms shall have the meanings set forth below:

"Asthma inhaler" means a quick reliever asthma inhaler.

"Epinephrine auto-injector" means a single-use device used

for the automatic injection of a pre-measured dose of

epinephrine into the human body.

"Asthma medication" means a medicine, prescribed by (i) a

physician licensed to practice medicine in all its branches,

(ii) a licensed physician assistant prescriptive authority, or

(iii) a licensed advanced practice nurse prescriptive

authority for a pupil that pertains to the pupil's asthma and

that has an individual prescription label.

"Opioid antagonist" means a drug that binds to opioid

receptors and blocks or inhibits the effect of opioids acting

on those receptors, including, but not limited to, naloxone

hydrochloride or any other similarly acting drug approved by

the U.S. Food and Drug Administration.

"School nurse" means a registered nurse working in a school

with or without licensure endorsed in school nursing.

"Self-administration" means a pupil's discretionary use of

his or her prescribed asthma medication or epinephrine

auto-injector.

"Self-carry" means a pupil's ability to carry his or her

prescribed asthma medication or epinephrine auto-injector.

"Standing protocol" may be issued by (i) a physician

licensed to practice medicine in all its branches, (ii) a

licensed physician assistant prescriptive authority, or (iii)

a licensed advanced practice nurse prescriptive.

"Trained personnel" means any school employee or volunteer

personnel authorized in Sections 10-22.34, 10-22.34a, and

10-22.34b of this Code who has completed training under

subsection (g) of this Section to recognize and respond to

anaphylaxis.

"Undesignated epinephrine auto-injector" means an

epinephrine auto-injector prescribed in the name of a school

district, public school, or nonpublic school.

(b) A school, whether public or nonpublic, must permit the

self-administration and self-carry of asthma medication by a

pupil with asthma or the self-administration and self-carry of

an epinephrine auto-injector by a pupil, provided that:

(1) the parents or guardians of the pupil provide to

the school (i) written authorization from the parents or

guardians for (A) the self-administration and self-carry

of asthma medication or (B) the self-carry of asthma

medication or (ii) for (A) the self-administration and

self-carry of an epinephrine auto-injector or (B) the

self-carry of an epinephrine auto-injector, written

authorization from the pupil's physician, physician

assistant, or advanced practice nurse; and

(2) the parents or guardians of the pupil provide to

the school (i) the prescription label, which must contain

the name of the asthma medication, the prescribed dosage,

and the time at which or circumstances under which the

asthma medication is to be administered, or (ii) for the

self-administration or self-carry of an epinephrine

auto-injector, a written statement from the pupil's

physician, physician assistant, or advanced practice nurse

containing the following information:

(A) the name and purpose of the epinephrine

auto-injector;

(B) the prescribed dosage; and

(C) the time or times at which or the special

circumstances under which the epinephrine

auto-injector is to be administered.

The information provided shall be kept on file in the office of

the school nurse or, in the absence of a school nurse, the

school's administrator.

(b-5) A school district, public school, or nonpublic school

may authorize the provision of a student-specific or

undesignated epinephrine auto-injector to a student or any

personnel authorized under a student's Individual Health Care

Action Plan, Illinois Food Allergy Emergency Action Plan and

Treatment Authorization Form, or plan pursuant to Section 504

of the federal Rehabilitation Act of 1973 to administer an

epinephrine auto-injector to the student, that meets the

student's prescription on file.

(b-10) The school district, public school, or nonpublic

school may authorize a school nurse or trained personnel to do

the following: (i) provide an undesignated epinephrine

auto-injector to a student for self-administration only or any

personnel authorized under a student's Individual Health Care

Action Plan, Illinois Food Allergy Emergency Action Plan and

Treatment Authorization Form, or plan pursuant to Section 504

of the federal Rehabilitation Act of 1973 to administer to the

student, that meets the student's prescription on file; (ii)

administer an undesignated epinephrine auto-injector that

meets the prescription on file to any student who has an

Individual Health Care Action Plan, Illinois Food Allergy

Emergency Action Plan and Treatment Authorization Form, or plan

pursuant to Section 504 of the federal Rehabilitation Act of

1973 that authorizes the use of an epinephrine auto-injector;

(iii) administer an undesignated epinephrine auto-injector to

any person that the school nurse or trained personnel in good

faith believes is having an anaphylactic reaction; and (iv)

administer an opioid antagonist to any person that the school

nurse or trained personnel in good faith believes is having an

opioid overdose.

(c) The school district, public school, or nonpublic school

must inform the parents or guardians of the pupil, in writing,

that the school district, public school, or nonpublic school

and its employees and agents, including a physician, physician

assistant, or advanced practice nurse providing standing

protocol or prescription for school epinephrine

auto-injectors, are to incur no liability or professional

discipline, except for willful and wanton conduct, as a result

of any injury arising from the administration of asthma

medication, an epinephrine auto-injector, or an opioid

antagonist regardless of whether authorization was given by the

pupil's parents or guardians or by the pupil's physician,

physician assistant, or advanced practice nurse. The parents or

guardians of the pupil must sign a statement acknowledging that

the school district, public school, or nonpublic school and its

employees and agents are to incur no liability, except for

willful and wanton conduct, as a result of any injury arising

from the administration of asthma medication, an epinephrine

auto-injector, or an opioid antagonist regardless of whether

authorization was given by the pupil's parents or guardians or

by the pupil's physician, physician assistant, or advanced

practice nurse and that the parents or guardians must indemnify

and hold harmless the school district, public school, or

nonpublic school and its employees and agents against any

claims, except a claim based on willful and wanton conduct,

arising out of the administration of asthma medication, an

epinephrine auto-injector, or an opioid antagonist regardless

of whether authorization was given by the pupil's parents or

guardians or by the pupil's physician, physician assistant, or

advanced practice nurse.

(c-5) When a school nurse or trained personnel administers

an undesignated epinephrine auto-injector to a person whom the

school nurse or trained personnel in good faith believes is

having an anaphylactic reaction, or administers an opioid

antagonist to a person whom the school nurse or trained

personnel in good faith believes is having an opioid overdose,

notwithstanding the lack of notice to the parents or guardians

of the pupil or the absence of the parents or guardians signed

statement acknowledging no liability, except for willful and

wanton conduct, the school district, public school, or

nonpublic school and its employees and agents, and a physician,

a physician assistant, or an advanced practice nurse providing

standing protocol or prescription for undesignated epinephrine

auto-injectors, are to incur no liability or professional

discipline, except for willful and wanton conduct, as a result

of any injury arising from the use of an undesignated

epinephrine auto-injector or the use of an opioid antagonist

regardless of whether authorization was given by the pupil's

parents or guardians or by the pupil's physician, physician

assistant, or advanced practice nurse.

(d) The permission for self-administration and self-carry

of asthma medication or the self-administration and self-carry

of an epinephrine auto-injector is effective for the school

year for which it is granted and shall be renewed each

subsequent school year upon fulfillment of the requirements of

this Section.

(e) Provided that the requirements of this Section are

fulfilled, a pupil with asthma may self-administer and

self-carry his or her asthma medication or a pupil may

self-administer and self-carry an epinephrine auto-injector

(i) while in school, (ii) while at a school-sponsored activity,

(iii) while under the supervision of school personnel, or (iv)

before or after normal school activities, such as while in

before-school or after-school care on school-operated

property.

(e-5) Provided that the requirements of this Section are

fulfilled, a school nurse or trained personnel may administer

an undesignated epinephrine auto-injector to any person whom

the school nurse or trained personnel in good faith believes to

be having an anaphylactic reaction (i) while in school, (ii)

while at a school-sponsored activity, (iii) while under the

supervision of school personnel, or (iv) before or after normal

school activities, such as while in before-school or

after-school care on school-operated property. A school nurse

or trained personnel may carry undesignated epinephrine

auto-injectors on his or her person while in school or at a

school-sponsored activity.

(e-10) Provided that the requirements of this Section are

fulfilled, a school nurse or trained personnel may administer

an opioid antagonist to any person whom the school nurse or

trained personnel in good faith believes to be having an opioid

overdose (i) while in school, (ii) while at a school-sponsored

activity, (iii) while under the supervision of school

personnel, or (iv) before or after normal school activities,

such as while in before-school or after-school care on

school-operated property. A school nurse or trained personnel

may carry an opioid antagonist on their person while in school

or at a school-sponsored activity.

(f) The school district, public school, or nonpublic school

may maintain a supply of undesignated epinephrine

auto-injectors in any secure location where an allergic person

is most at risk, including, but not limited to, classrooms and

lunchrooms. A physician, a physician assistant who has been

delegated prescriptive authority in accordance with Section

7.5 of the Physician Assistant Practice Act of 1987, or an

advanced practice nurse who has been delegated prescriptive

authority in accordance with Section 65-40 of the Nurse

Practice Act may prescribe undesignated epinephrine

auto-injectors in the name of the school district, public

school, or nonpublic school to be maintained for use when

necessary. Any supply of epinephrine auto-injectors shall be

maintained in accordance with the manufacturer's instructions.

The school district, public school, or nonpublic school may

maintain a supply of an opioid antagonist in any secure

location where an individual may have an opioid overdose. A

health care professional who has been delegated prescriptive

authority for opioid antagonists in accordance with Section

5-23 of the Alcoholism and Other Drug Abuse and Dependency Act

may prescribe opioid antagonists in the name of the school

district, public school, or nonpublic school, to be maintained

for use when necessary. Any supply of opioid antagonists shall

be maintained in accordance with the manufacturer's

instructions.

(f-5) Upon any administration of an epinephrine

auto-injector, a school district, public school, or nonpublic

school must immediately activate the EMS system and notify the

student's parent, guardian, or emergency contact, if known.

Upon any administration of an opioid antagonist, a school

district, public school, or nonpublic school must immediately

activate the EMS system and notify the student's parent,

guardian, or emergency contact, if known.

(f-10) Within 24 hours of the administration of an

undesignated epinephrine auto-injector, a school district,

public school, or nonpublic school must notify the physician,

physician assistant, or advanced advance practice nurse who

provided the standing protocol or prescription for the

undesignated epinephrine auto-injector of its use.

Within 24 hours after the administration of an opioid

antagonist, a school district, public school, or nonpublic

school must notify the health care professional who provided

the prescription for the opioid antagonist of its use.

(g) Prior to the administration of an undesignated

epinephrine auto-injector, trained personnel must submit to

their his or her school's administration proof of completion of

a training curriculum to recognize and respond to anaphylaxis

that meets the requirements of subsection (h) of this Section.

Training must be completed annually. Trained personnel must

also submit to their his or her school's administration proof

of cardiopulmonary resuscitation and automated external

defibrillator certification. The school district, public

school, or nonpublic school must maintain records related to

the training curriculum and trained personnel.

Prior to the administration of an opioid antagonist,

trained personnel must submit to their school's administration

proof of completion of a training curriculum to recognize and

respond to an opioid overdose, which curriculum must meet the

requirements of subsection (h-5) of this Section. Training must

be completed annually. Trained personnel must also submit to

the school's administration proof of cardiopulmonary

resuscitation and automated external defibrillator

certification. The school district, public school, or

nonpublic school must maintain records relating to the training

curriculum and the trained personnel.

(h) A training curriculum to recognize and respond to

anaphylaxis, including the administration of an undesignated

epinephrine auto-injector, may be conducted online or in

person. It must include, but is not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) a review of high-risk areas within the school and

its related facilities;

(3) steps to take to prevent exposure to allergens;

(4) how to respond to an emergency involving an

allergic reaction;

(5) how to administer an epinephrine auto-injector;

(6) how to respond to a student with a known allergy as

well as a student with a previously unknown allergy;

(7) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(8) other criteria as determined in rules adopted

pursuant to this Section.

In consultation with statewide professional organizations

representing physicians licensed to practice medicine in all of

its branches, registered nurses, and school nurses, the State

Board of Education shall make available resource materials

consistent with criteria in this subsection (h) for educating

trained personnel to recognize and respond to anaphylaxis. The

State Board may take into consideration the curriculum on this

subject developed by other states, as well as any other

curricular materials suggested by medical experts and other

groups that work on life-threatening allergy issues. The State

Board is not required to create new resource materials. The

State Board shall make these resource materials available on

its Internet website.

(h-5) A training curriculum to recognize and respond to an

opioid overdose, including the administration of an opioid

antagonist, may be conducted online or in person. The training

must comply with any training requirements under Section 5-23

of the Alcoholism and Other Drug Abuse and Dependency Act and

the corresponding rules. It must include, but is not limited

to:

(1) how to recognize symptoms of an opioid overdose;

(2) information on drug overdose prevention and

recognition;

(3) how to perform rescue breathing and resuscitation;

(4) how to respond to an emergency involving an opioid

overdose;

(5) opioid antagonist dosage and administration;

(6) the importance of calling 911;

(7) care for the overdose victim after administration

of the overdose antagonist;

(8) a test demonstrating competency of the knowledge

required to recognize an opioid overdose and administer a

dose of an opioid antagonist; and

(9) other criteria as determined in rules adopted

pursuant to this Section.

(i) Within 3 days after the administration of an

undesignated epinephrine auto-injector by a school nurse,

trained personnel, or a student at a school or school-sponsored

activity, the school must report to the State Board in a form

and manner prescribed by the State Board the following

information:

(1) age and type of person receiving epinephrine

(student, staff, visitor);

(2) any previously known diagnosis of a severe allergy;

(3) trigger that precipitated allergic episode;

(4) location where symptoms developed;

(5) number of doses administered;

(6) type of person administering epinephrine (school

nurse, trained personnel, student); and

(7) any other information required by the State Board.

(i-5) Within 3 days after the administration of an opioid

antagonist by a school nurse or trained personnel, the school

must report to the State Board, in a form and manner prescribed

by the State Board, the following information:

(1) the age and type of person receiving the opioid

antagonist (student, staff, or visitor);

(2) the location where symptoms developed;

(3) the type of person administering the opioid

antagonist (school nurse or trained personnel); and

(4) any other information required by the State Board.

(j) By October 1, 2015 and every year thereafter, the State

Board shall submit a report to the General Assembly identifying

the frequency and circumstances of epinephrine administration

during the preceding academic year. This report shall be

published on the State Board's Internet website on the date the

report is delivered to the General Assembly.

On or before October 1, 2016 and every year thereafter, the

State Board shall submit a report to the General Assembly and

the Department of Public Health identifying the frequency and

circumstances of opioid antagonist administration during the

preceding academic year. This report shall be published on the

State Board's Internet website on the date the report is

delivered to the General Assembly.

(k) The State Board may adopt rules necessary to implement

this Section.

(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;

99-480, eff. 9-9-15; revised 10-13-15.)

(105 ILCS 5/22-80)

Sec. 22-80. Student athletes; concussions and head

injuries.

(a) The General Assembly recognizes all of the following:

(1) Concussions are one of the most commonly reported

injuries in children and adolescents who participate in

sports and recreational activities. The Centers for

Disease Control and Prevention estimates that as many as

3,900,000 sports-related and recreation-related

concussions occur in the United States each year. A

concussion is caused by a blow or motion to the head or

body that causes the brain to move rapidly inside the

skull. The risk of catastrophic injuries or death are

significant when a concussion or head injury is not

properly evaluated and managed.

(2) Concussions are a type of brain injury that can

range from mild to severe and can disrupt the way the brain

normally works. Concussions can occur in any organized or

unorganized sport or recreational activity and can result

from a fall or from players colliding with each other, the

ground, or with obstacles. Concussions occur with or

without loss of consciousness, but the vast majority of

concussions occur without loss of consciousness.

(3) Continuing to play with a concussion or symptoms of

a head injury leaves a young athlete especially vulnerable

to greater injury and even death. The General Assembly

recognizes that, despite having generally recognized

return-to-play standards for concussions and head

injuries, some affected youth athletes are prematurely

returned to play, resulting in actual or potential physical

injury or death to youth athletes in this State.

(4) Student athletes who have sustained a concussion

may need informal or formal accommodations, modifications

of curriculum, and monitoring by medical or academic staff

until the student is fully recovered. To that end, all

schools are encouraged to establish a return-to-learn

protocol that is based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines and conduct baseline testing for

student athletes.

(b) In this Section:

"Athletic trainer" means an athletic trainer licensed

under the Illinois Athletic Trainers Practice Act.

"Coach" means any volunteer or employee of a school who is

responsible for organizing and supervising students to teach

them or train them in the fundamental skills of an

interscholastic athletic activity. "Coach" refers to both head

coaches and assistant coaches.

"Concussion" means a complex pathophysiological process

affecting the brain caused by a traumatic physical force or

impact to the head or body, which may include temporary or

prolonged altered brain function resulting in physical,

cognitive, or emotional symptoms or altered sleep patterns and

which may or may not involve a loss of consciousness.

"Department" means the Department of Financial and

Professional Regulation.

"Game official" means a person who officiates at an

interscholastic athletic activity, such as a referee or umpire,

including, but not limited to, persons enrolled as game

officials by the Illinois High School Association or Illinois

Elementary School Association.

"Interscholastic athletic activity" means any organized

school-sponsored or school-sanctioned activity for students,

generally outside of school instructional hours, under the

direction of a coach, athletic director, or band leader,

including, but not limited to, baseball, basketball,

cheerleading, cross country track, fencing, field hockey,

football, golf, gymnastics, ice hockey, lacrosse, marching

band, rugby, soccer, skating, softball, swimming and diving,

tennis, track (indoor and outdoor), ultimate Frisbee,

volleyball, water polo, and wrestling. All interscholastic

athletics are deemed to be interscholastic activities.

"Licensed healthcare professional" means a person who has

experience with concussion management and who is a nurse, a

psychologist who holds a license under the Clinical

Psychologist Licensing Act and specializes in the practice of

neuropsychology, a physical therapist licensed under the

Illinois Physical Therapy Act, an occupational therapist

licensed under the Illinois Occupational Therapy Practice Act.

"Nurse" means a person who is employed by or volunteers at

a school and is licensed under the Nurse Practice Act as a

registered nurse, practical nurse, or advanced practice nurse.

"Physician" means a physician licensed to practice

medicine in all of its branches under the Medical Practice Act

of 1987.

"School" means any public or private elementary or

secondary school, including a charter school.

"Student" means an adolescent or child enrolled in a

school.

(c) This Section applies to any interscholastic athletic

activity, including practice and competition, sponsored or

sanctioned by a school, the Illinois Elementary School

Association, or the Illinois High School Association. This

Section applies beginning with the 2016-2017 school year.

(d) The governing body of each public or charter school and

the appropriate administrative officer of a private school with

students enrolled who participate in an interscholastic

athletic activity shall appoint or approve a concussion

oversight team. Each concussion oversight team shall establish

a return-to-play protocol, based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines, for a student's return to

interscholastic athletics practice or competition following a

force or impact believed to have caused a concussion. Each

concussion oversight team shall also establish a

return-to-learn protocol, based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines, for a student's return to the classroom

after that student is believed to have experienced a

concussion, whether or not the concussion took place while the

student was participating in an interscholastic athletic

activity.

Each concussion oversight team must include to the extent

practicable at least one physician. If a school employs an

athletic trainer, the athletic trainer must be a member of the

school concussion oversight team to the extent practicable. If

a school employs a nurse, the nurse must be a member of the

school concussion oversight team to the extent practicable. At

a minimum, a school shall appoint a person who is responsible

for implementing and complying with the return-to-play and

return-to-learn protocols adopted by the concussion oversight

team. A school may appoint other licensed healthcare

professionals to serve on the concussion oversight team.

(e) A student may not participate in an interscholastic

athletic activity for a school year until the student and the

student's parent or guardian or another person with legal

authority to make medical decisions for the student have signed

a form for that school year that acknowledges receiving and

reading written information that explains concussion

prevention, symptoms, treatment, and oversight and that

includes guidelines for safely resuming participation in an

athletic activity following a concussion. The form must be

approved by the Illinois High School Association.

(f) A student must be removed from an interscholastic

athletics practice or competition immediately if one of the

following persons believes the student might have sustained a

concussion during the practice or competition:

(1) a coach;

(2) a physician;

(3) a game official;

(4) an athletic trainer;

(5) the student's parent or guardian or another person

with legal authority to make medical decisions for the

student;

(6) the student; or

(7) any other person deemed appropriate under the

school's return-to-play protocol.

(g) A student removed from an interscholastic athletics

practice or competition under this Section may not be permitted

to practice or compete again following the force or impact

believed to have caused the concussion until:

(1) the student has been evaluated, using established

medical protocols based on peer-reviewed scientific

evidence consistent with Centers for Disease Control and

Prevention guidelines, by a treating physician (chosen by

the student or the student's parent or guardian or another

person with legal authority to make medical decisions for

the student) or an athletic trainer working under the

supervision of a physician;

(2) the student has successfully completed each

requirement of the return-to-play protocol established

under this Section necessary for the student to return to

play;

(3) the student has successfully completed each

requirement of the return-to-learn protocol established

under this Section necessary for the student to return to

learn;

(4) the treating physician or athletic trainer working

under the supervision of a physician has provided a written

statement indicating that, in the physician's professional

judgment, it is safe for the student to return to play and

return to learn; and

(5) the student and the student's parent or guardian or

another person with legal authority to make medical

decisions for the student:

(A) have acknowledged that the student has

completed the requirements of the return-to-play and

return-to-learn protocols necessary for the student to

return to play;

(B) have provided the treating physician's or

athletic trainer's written statement under subdivision

(4) of this subsection (g) to the person responsible

for compliance with the return-to-play and

return-to-learn protocols under this subsection (g)

and the person who has supervisory responsibilities

under this subsection (g); and

(C) have signed a consent form indicating that the

person signing:

(i) has been informed concerning and consents

to the student participating in returning to play

in accordance with the return-to-play and

return-to-learn protocols;

(ii) understands the risks associated with the

student returning to play and returning to learn

and will comply with any ongoing requirements in

the return-to-play and return-to-learn protocols;

and

(iii) consents to the disclosure to

appropriate persons, consistent with the federal

Health Insurance Portability and Accountability

Act of 1996 (Public Law 104-191), of the treating

physician's or athletic trainer's written

statement under subdivision (4) of this subsection

(g) and, if any, the return-to-play and

return-to-learn recommendations of the treating

physician or the athletic trainer, as the case may

be.

A coach of an interscholastic athletics team may not

authorize a student's return to play or return to learn.

The district superintendent or the superintendent's

designee in the case of a public elementary or secondary

school, the chief school administrator or that person's

designee in the case of a charter school, or the appropriate

administrative officer or that person's designee in the case of

a private school shall supervise an athletic trainer or other

person responsible for compliance with the return-to-play

protocol and shall supervise the person responsible for

compliance with the return-to-learn protocol. The person who

has supervisory responsibilities under this paragraph may not

be a coach of an interscholastic athletics team.

(h)(1) The Illinois High School Association shall approve,

for coaches and game officials of interscholastic athletic

activities, training courses that provide for not less than 2

hours of training in the subject matter of concussions,

including evaluation, prevention, symptoms, risks, and

long-term effects. The Association shall maintain an updated

list of individuals and organizations authorized by the

Association to provide the training.

(2) The following persons must take a training course in

accordance with paragraph (4) of this subsection (h) from an

authorized training provider at least once every 2 years:

(A) a coach of an interscholastic athletic activity;

(B) a nurse who serves as a member of a concussion

oversight team and is an employee, representative, or agent

of a school;

(C) a game official of an interscholastic athletic

activity; and

(D) a nurse who serves on a volunteer basis as a member

of a concussion oversight team for a school.

(3) A physician who serves as a member of a concussion

oversight team shall, to the greatest extent practicable,

periodically take an appropriate continuing medical education

course in the subject matter of concussions.

(4) For purposes of paragraph (2) of this subsection (h):

(A) a coach or game officials, as the case may be, must

take a course described in paragraph (1) of this subsection

(h).

(B) an athletic trainer must take a concussion-related

continuing education course from an athletic trainer

continuing education sponsor approved by the Department;

and

(C) a nurse must take a course concerning the subject

matter of concussions that has been approved for continuing

education credit by the Department.

(5) Each person described in paragraph (2) of this

subsection (h) must submit proof of timely completion of an

approved course in compliance with paragraph (4) of this

subsection (h) to the district superintendent or the

superintendent's designee in the case of a public elementary or

secondary school, the chief school administrator or that

person's designee in the case of a charter school, or the

appropriate administrative officer or that person's designee

in the case of a private school.

(6) A physician, athletic trainer, or nurse who is not in

compliance with the training requirements under this

subsection (h) may not serve on a concussion oversight team in

any capacity.

(7) A person required under this subsection (h) to take a

training course in the subject of concussions must initially

complete the training not later than September 1, 2016.

(i) The governing body of each public or charter school and

the appropriate administrative officer of a private school with

students enrolled who participate in an interscholastic

athletic activity shall develop a school-specific emergency

action plan for interscholastic athletic activities to address

the serious injuries and acute medical conditions in which the

condition of the student may deteriorate rapidly. The plan

shall include a delineation of roles, methods of communication,

available emergency equipment, and access to and a plan for

emergency transport. This emergency action plan must be:

(1) in writing;

(2) reviewed by the concussion oversight team;

(3) approved by the district superintendent or the

superintendent's designee in the case of a public

elementary or secondary school, the chief school

administrator or that person's designee in the case of a

charter school, or the appropriate administrative officer

or that person's designee in the case of a private school;

(4) distributed to all appropriate personnel;

(5) posted conspicuously at all venues utilized by the

school; and

(6) reviewed annually by all athletic trainers, first

responders, coaches, school nurses, athletic directors,

and volunteers for interscholastic athletic activities.

(j) The State Board of Education may adopt rules as

necessary to administer this Section.

(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15.)

(105 ILCS 5/22-81)

Sec. 22-81 22-80. Heroin and opioid prevention pilot

program. By January 1, 2017, the State Board of Education and

the Department of Human Services shall develop and establish a

3-year heroin and opioid drug prevention pilot program that

offers educational materials and instruction on heroin and

opioid abuse to all school districts in the State for use at

their respective public elementary and secondary schools. A

school district's participation in the pilot program shall be

voluntary. Subject to appropriation, the Department of Human

Services shall reimburse a school district that decides to

participate in the pilot program for any costs it incurs in

connection with its participation in the pilot program. Each

school district that participates in the pilot program shall

have the discretion to determine which grade levels the school

district will instruct under the program.

The pilot program must use effective, research-proven,

interactive teaching methods and technologies, and must

provide students, parents, and school staff with scientific,

social, and emotional learning content to help them understand

the risk of drug use. Such learning content must specifically

target the dangers of prescription pain medication and heroin

abuse. The Department may contract with a health education

organization to fulfill the requirements of the pilot program.

The State Board of Education, the Department of Human

Services, and any contracted organization shall submit an

annual report to the General Assembly that includes: (i) a list

of school districts participating in the pilot program; (ii)

the grade levels each school district instructs under the pilot

program; and (iii) any findings regarding the effectiveness of

the pilot program.

(Source: P.A. 99-480, eff. 9-9-15; revised 10-19-15.)

(105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1)

Sec. 27-8.1. Health examinations and immunizations.

(1) In compliance with rules and regulations which the

Department of Public Health shall promulgate, and except as

hereinafter provided, all children in Illinois shall have a

health examination as follows: within one year prior to

entering kindergarten or the first grade of any public,

private, or parochial elementary school; upon entering the

sixth and ninth grades of any public, private, or parochial

school; prior to entrance into any public, private, or

parochial nursery school; and, irrespective of grade,

immediately prior to or upon entrance into any public, private,

or parochial school or nursery school, each child shall present

proof of having been examined in accordance with this Section

and the rules and regulations promulgated hereunder. Any child

who received a health examination within one year prior to

entering the fifth grade for the 2007-2008 school year is not

required to receive an additional health examination in order

to comply with the provisions of Public Act 95-422 when he or

she attends school for the 2008-2009 school year, unless the

child is attending school for the first time as provided in

this paragraph.

A tuberculosis skin test screening shall be included as a

required part of each health examination included under this

Section if the child resides in an area designated by the

Department of Public Health as having a high incidence of

tuberculosis. Additional health examinations of pupils,

including eye examinations, may be required when deemed

necessary by school authorities. Parents are encouraged to have

their children undergo eye examinations at the same points in

time required for health examinations.

(1.5) In compliance with rules adopted by the Department of

Public Health and except as otherwise provided in this Section,

all children in kindergarten and the second and sixth grades of

any public, private, or parochial school shall have a dental

examination. Each of these children shall present proof of

having been examined by a dentist in accordance with this

Section and rules adopted under this Section before May 15th of

the school year. If a child in the second or sixth grade fails

to present proof by May 15th, the school may hold the child's

report card until one of the following occurs: (i) the child

presents proof of a completed dental examination or (ii) the

child presents proof that a dental examination will take place

within 60 days after May 15th. The Department of Public Health

shall establish, by rule, a waiver for children who show an

undue burden or a lack of access to a dentist. Each public,

private, and parochial school must give notice of this dental

examination requirement to the parents and guardians of

students at least 60 days before May 15th of each school year.

(1.10) Except as otherwise provided in this Section, all

children enrolling in kindergarten in a public, private, or

parochial school on or after the effective date of this

amendatory Act of the 95th General Assembly and any student

enrolling for the first time in a public, private, or parochial

school on or after the effective date of this amendatory Act of

the 95th General Assembly shall have an eye examination. Each

of these children shall present proof of having been examined

by a physician licensed to practice medicine in all of its

branches or a licensed optometrist within the previous year, in

accordance with this Section and rules adopted under this

Section, before October 15th of the school year. If the child

fails to present proof by October 15th, the school may hold the

child's report card until one of the following occurs: (i) the

child presents proof of a completed eye examination or (ii) the

child presents proof that an eye examination will take place

within 60 days after October 15th. The Department of Public

Health shall establish, by rule, a waiver for children who show

an undue burden or a lack of access to a physician licensed to

practice medicine in all of its branches who provides eye

examinations or to a licensed optometrist. Each public,

private, and parochial school must give notice of this eye

examination requirement to the parents and guardians of

students in compliance with rules of the Department of Public

Health. Nothing in this Section shall be construed to allow a

school to exclude a child from attending because of a parent's

or guardian's failure to obtain an eye examination for the

child.

(2) The Department of Public Health shall promulgate rules

and regulations specifying the examinations and procedures

that constitute a health examination, which shall include the

collection of data relating to obesity (including at a minimum,

date of birth, gender, height, weight, blood pressure, and date

of exam), and a dental examination and may recommend by rule

that certain additional examinations be performed. The rules

and regulations of the Department of Public Health shall

specify that a tuberculosis skin test screening shall be

included as a required part of each health examination included

under this Section if the child resides in an area designated

by the Department of Public Health as having a high incidence

of tuberculosis. The Department of Public Health shall specify

that a diabetes screening as defined by rule shall be included

as a required part of each health examination. Diabetes testing

is not required.

Physicians licensed to practice medicine in all of its

branches, licensed advanced practice nurses, or licensed

physician assistants shall be responsible for the performance

of the health examinations, other than dental examinations, eye

examinations, and vision and hearing screening, and shall sign

all report forms required by subsection (4) of this Section

that pertain to those portions of the health examination for

which the physician, advanced practice nurse, or physician

assistant is responsible. If a registered nurse performs any

part of a health examination, then a physician licensed to

practice medicine in all of its branches must review and sign

all required report forms. Licensed dentists shall perform all

dental examinations and shall sign all report forms required by

subsection (4) of this Section that pertain to the dental

examinations. Physicians licensed to practice medicine in all

its branches or licensed optometrists shall perform all eye

examinations required by this Section and shall sign all report

forms required by subsection (4) of this Section that pertain

to the eye examination. For purposes of this Section, an eye

examination shall at a minimum include history, visual acuity,

subjective refraction to best visual acuity near and far,

internal and external examination, and a glaucoma evaluation,

as well as any other tests or observations that in the

professional judgment of the doctor are necessary. Vision and

hearing screening tests, which shall not be considered

examinations as that term is used in this Section, shall be

conducted in accordance with rules and regulations of the

Department of Public Health, and by individuals whom the

Department of Public Health has certified. In these rules and

regulations, the Department of Public Health shall require that

individuals conducting vision screening tests give a child's

parent or guardian written notification, before the vision

screening is conducted, that states, "Vision screening is not a

substitute for a complete eye and vision evaluation by an eye

doctor. Your child is not required to undergo this vision

screening if an optometrist or ophthalmologist has completed

and signed a report form indicating that an examination has

been administered within the previous 12 months."

(3) Every child shall, at or about the same time as he or

she receives a health examination required by subsection (1) of

this Section, present to the local school proof of having

received such immunizations against preventable communicable

diseases as the Department of Public Health shall require by

rules and regulations promulgated pursuant to this Section and

the Communicable Disease Prevention Act.

(4) The individuals conducting the health examination,

dental examination, or eye examination shall record the fact of

having conducted the examination, and such additional

information as required, including for a health examination

data relating to obesity (including at a minimum, date of

birth, gender, height, weight, blood pressure, and date of

exam), on uniform forms which the Department of Public Health

and the State Board of Education shall prescribe for statewide

use. The examiner shall summarize on the report form any

condition that he or she suspects indicates a need for special

services, including for a health examination factors relating

to obesity. The individuals confirming the administration of

required immunizations shall record as indicated on the form

that the immunizations were administered.

(5) If a child does not submit proof of having had either

the health examination or the immunization as required, then

the child shall be examined or receive the immunization, as the

case may be, and present proof by October 15 of the current

school year, or by an earlier date of the current school year

established by a school district. To establish a date before

October 15 of the current school year for the health

examination or immunization as required, a school district must

give notice of the requirements of this Section 60 days prior

to the earlier established date. If for medical reasons one or

more of the required immunizations must be given after October

15 of the current school year, or after an earlier established

date of the current school year, then the child shall present,

by October 15, or by the earlier established date, a schedule

for the administration of the immunizations and a statement of

the medical reasons causing the delay, both the schedule and

the statement being issued by the physician, advanced practice

nurse, physician assistant, registered nurse, or local health

department that will be responsible for administration of the

remaining required immunizations. If a child does not comply by

October 15, or by the earlier established date of the current

school year, with the requirements of this subsection, then the

local school authority shall exclude that child from school

until such time as the child presents proof of having had the

health examination as required and presents proof of having

received those required immunizations which are medically

possible to receive immediately. During a child's exclusion

from school for noncompliance with this subsection, the child's

parents or legal guardian shall be considered in violation of

Section 26-1 and subject to any penalty imposed by Section

26-10. This subsection (5) does not apply to dental

examinations and eye examinations. If the student is an

out-of-state transfer student and does not have the proof

required under this subsection (5) before October 15 of the

current year or whatever date is set by the school district,

then he or she may only attend classes (i) if he or she has

proof that an appointment for the required vaccinations has

been scheduled with a party authorized to submit proof of the

required vaccinations. If the proof of vaccination required

under this subsection (5) is not submitted within 30 days after

the student is permitted to attend classes, then the student is

not to be permitted to attend classes until proof of the

vaccinations has been properly submitted. No school district or

employee of a school district shall be held liable for any

injury or illness to another person that results from admitting

an out-of-state transfer student to class that has an

appointment scheduled pursuant to this subsection (5).

(6) Every school shall report to the State Board of

Education by November 15, in the manner which that agency shall

require, the number of children who have received the necessary

immunizations and the health examination (other than a dental

examination or eye examination) as required, indicating, of

those who have not received the immunizations and examination

as required, the number of children who are exempt from health

examination and immunization requirements on religious or

medical grounds as provided in subsection (8). On or before

December 1 of each year, every public school district and

registered nonpublic school shall make publicly available the

immunization data they are required to submit to the State

Board of Education by November 15. The immunization data made

publicly available must be identical to the data the school

district or school has reported to the State Board of

Education.

Every school shall report to the State Board of Education

by June 30, in the manner that the State Board requires, the

number of children who have received the required dental

examination, indicating, of those who have not received the

required dental examination, the number of children who are

exempt from the dental examination on religious grounds as

provided in subsection (8) of this Section and the number of

children who have received a waiver under subsection (1.5) of

this Section.

Every school shall report to the State Board of Education

by June 30, in the manner that the State Board requires, the

number of children who have received the required eye

examination, indicating, of those who have not received the

required eye examination, the number of children who are exempt

from the eye examination as provided in subsection (8) of this

Section, the number of children who have received a waiver

under subsection (1.10) of this Section, and the total number

of children in noncompliance with the eye examination

requirement.

The reported information under this subsection (6) shall be

provided to the Department of Public Health by the State Board

of Education.

(7) Upon determining that the number of pupils who are

required to be in compliance with subsection (5) of this

Section is below 90% of the number of pupils enrolled in the

school district, 10% of each State aid payment made pursuant to

Section 18-8.05 to the school district for such year may be

withheld by the State Board of Education until the number of

students in compliance with subsection (5) is the applicable

specified percentage or higher.

(8) Children of parents or legal guardians who object to

health, dental, or eye examinations or any part thereof, to

immunizations, or to vision and hearing screening tests on

religious grounds shall not be required to undergo the

examinations, tests, or immunizations to which they so object

if such parents or legal guardians present to the appropriate

local school authority a signed Certificate of Religious

Exemption detailing the grounds for objection and the specific

immunizations, tests, or examinations to which they object. The

grounds for objection must set forth the specific religious

belief that conflicts with the examination, test,

immunization, or other medical intervention. The signed

certificate shall also reflect the parent's or legal guardian's

understanding of the school's exclusion policies in the case of

a vaccine-preventable disease outbreak or exposure. The

certificate must also be signed by the authorized examining

health care provider responsible for the performance of the

child's health examination confirming that the provider

provided education to the parent or legal guardian on the

benefits of immunization and the health risks to the student

and to the community of the communicable diseases for which

immunization is required in this State. However, the health

care provider's signature on the certificate reflects only that

education was provided and does not allow a health care

provider grounds to determine a religious exemption. Those

receiving immunizations required under this Code shall be

provided with the relevant vaccine information statements that

are required to be disseminated by the federal National

Childhood Vaccine Injury Act of 1986, which may contain

information on circumstances when a vaccine should not be

administered, prior to administering a vaccine. A healthcare

provider may consider including without limitation the

nationally accepted recommendations from federal agencies such

as the Advisory Committee on Immunization Practices, the

information outlined in the relevant vaccine information

statement, and vaccine package inserts, along with the

healthcare provider's clinical judgment, to determine whether

any child may be more susceptible to experiencing an adverse

vaccine reaction than the general population, and, if so, the

healthcare provider may exempt the child from an immunization

or adopt an individualized immunization schedule. The

Certificate of Religious Exemption shall be created by the

Department of Public Health and shall be made available and

used by parents and legal guardians by the beginning of the

2015-2016 school year. Parents or legal guardians must submit

the Certificate of Religious Exemption to their local school

authority prior to entering kindergarten, sixth grade, and

ninth grade for each child for which they are requesting an

exemption. The religious objection stated need not be directed

by the tenets of an established religious organization.

However, general philosophical or moral reluctance to allow

physical examinations, eye examinations, immunizations, vision

and hearing screenings, or dental examinations does not provide

a sufficient basis for an exception to statutory requirements.

The local school authority is responsible for determining if

the content of the Certificate of Religious Exemption

constitutes a valid religious objection. The local school

authority shall inform the parent or legal guardian of

exclusion procedures, in accordance with the Department's

rules under Part 690 of Title 77 of the Illinois Administrative

Code, at the time the objection is presented.

If the physical condition of the child is such that any one

or more of the immunizing agents should not be administered,

the examining physician, advanced practice nurse, or physician

assistant responsible for the performance of the health

examination shall endorse that fact upon the health examination

form.

Exempting a child from the health, dental, or eye

examination does not exempt the child from participation in the

program of physical education training provided in Sections

27-5 through 27-7 of this Code.

(9) For the purposes of this Section, "nursery schools"

means those nursery schools operated by elementary school

systems or secondary level school units or institutions of

higher learning.

(Source: P.A. 98-673, eff. 6-30-14; 99-173, eff. 7-29-15;

99-249, eff. 8-3-15; revised 10-21-15.)

(105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)

Sec. 27-24.2. Safety education; driver education course.

Instruction shall be given in safety education in each of

grades one through though 8, equivalent to one class period

each week, and any school district which maintains grades 9

through 12 shall offer a driver education course in any such

school which it operates. Its curriculum shall include content

dealing with Chapters 11, 12, 13, 15, and 16 of the Illinois

Vehicle Code, the rules adopted pursuant to those Chapters

insofar as they pertain to the operation of motor vehicles, and

the portions of the Litter Control Act relating to the

operation of motor vehicles. The course of instruction given in

grades 10 through 12 shall include an emphasis on the

development of knowledge, attitudes, habits, and skills

necessary for the safe operation of motor vehicles, including

motorcycles insofar as they can be taught in the classroom, and

instruction on distracted driving as a major traffic safety

issue. In addition, the course shall include instruction on

special hazards existing at and required safety and driving

precautions that must be observed at emergency situations,

highway construction and maintenance zones, and railroad

crossings and the approaches thereto. The course of instruction

required of each eligible student at the high school level

shall consist of a minimum of 30 clock hours of classroom

instruction and a minimum of 6 clock hours of individual

behind-the-wheel instruction in a dual control car on public

roadways taught by a driver education instructor endorsed by

the State Board of Education. Both the classroom instruction

part and the practice driving part of such driver education

course shall be open to a resident or non-resident student

attending a non-public school in the district wherein the

course is offered. Each student attending any public or

non-public high school in the district must receive a passing

grade in at least 8 courses during the previous 2 semesters

prior to enrolling in a driver education course, or the student

shall not be permitted to enroll in the course; provided that

the local superintendent of schools (with respect to a student

attending a public high school in the district) or chief school

administrator (with respect to a student attending a non-public

high school in the district) may waive the requirement if the

superintendent or chief school administrator, as the case may

be, deems it to be in the best interest of the student. A

student may be allowed to commence the classroom instruction

part of such driver education course prior to reaching age 15

if such student then will be eligible to complete the entire

course within 12 months after being allowed to commence such

classroom instruction.

Such a course may be commenced immediately after the

completion of a prior course. Teachers of such courses shall

meet the certification requirements of this Act and regulations

of the State Board as to qualifications.

Subject to rules of the State Board of Education, the

school district may charge a reasonable fee, not to exceed $50,

to students who participate in the course, unless a student is

unable to pay for such a course, in which event the fee for

such a student must be waived. However, the district may

increase this fee to an amount not to exceed $250 by school

board resolution following a public hearing on the increase,

which increased fee must be waived for students who participate

in the course and are unable to pay for the course. The total

amount from driver education fees and reimbursement from the

State for driver education must not exceed the total cost of

the driver education program in any year and must be deposited

into the school district's driver education fund as a separate

line item budget entry. All moneys deposited into the school

district's driver education fund must be used solely for the

funding of a high school driver education program approved by

the State Board of Education that uses driver education

instructors endorsed by the State Board of Education.

(Source: P.A. 96-734, eff. 8-25-09; 97-145, eff. 7-14-11;

revised 10-21-15.)

(105 ILCS 5/27A-5)

(Text of Section before amendment by P.A. 99-456)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status. Beginning

on April 16, 2003 (the effective date of Public Act 93-3) this

amendatory Act of the 93rd General Assembly, in all new

applications to establish a charter school in a city having a

population exceeding 500,000, operation of the charter school

shall be limited to one campus. The changes made to this

Section by Public Act 93-3 this amendatory Act of the 93rd

General Assembly do not apply to charter schools existing or

approved on or before April 16, 2003 (the effective date of

Public Act 93-3) this amendatory Act.

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to

the General Assembly a report on the effect of

virtual-schooling, including without limitation the effect on

student performance, the costs associated with

virtual-schooling, and issues with oversight. The report shall

include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter school

shall be subject to the Freedom of Information Act and the Open

Meetings Act.

(d) For purposes of this subsection (d), "non-curricular

health and safety requirement" means any health and safety

requirement created by statute or rule to provide, maintain,

preserve, or safeguard safe or healthful conditions for

students and school personnel or to eliminate, reduce, or

prevent threats to the health and safety of students and school

personnel. "Non-curricular health and safety requirement" does

not include any course of study or specialized instructional

requirement for which the State Board has established goals and

learning standards or which is designed primarily to impart

knowledge and skills for students to master and apply as an

outcome of their education.

A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools

under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its

Internet website a list of non-curricular health and safety

requirements that a charter school must meet. The list shall be

updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must

contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements

promulgated by the State Board and any non-curricular health

and safety requirements added by the State Board to such list

during the term of the charter. Nothing in this subsection (d)

precludes an authorizer from including non-curricular health

and safety requirements in a charter school contract that are

not contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. To ensure financial accountability for the use of

public funds, on or before December 1 of every year of

operation, each charter school shall submit to its authorizer

and the State Board a copy of its audit and a copy of the Form

990 the charter school filed that year with the federal

Internal Revenue Service. In addition, if deemed necessary for

proper financial oversight of the charter school, an authorizer

may require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act, all

federal and State laws and rules applicable to public schools

that pertain to special education and the instruction of

English learners, and its charter. A charter school is exempt

from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding

criminal history records checks and checks of the Statewide

Sex Offender Database and Statewide Murderer and Violent

Offender Against Youth Database of applicants for

employment;

(2) Sections 24-24 and 34-84A of this Code regarding

discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report

cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention; and

(10) Section 2-3.162 of this Code regarding student

discipline reporting; and

(11) Section 22-80 of this Code.

The change made by Public Act 96-104 to this subsection (g)

is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required to

perform in order to carry out the terms of its charter.

However, a charter school that is established on or after April

16, 2003 (the effective date of Public Act 93-3) this

amendatory Act of the 93rd General Assembly and that operates

in a city having a population exceeding 500,000 may not

contract with a for-profit entity to manage or operate the

school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) this amendatory Act of the

93rd General Assembly and concludes at the end of the 2004-2005

school year. Except as provided in subsection (i) of this

Section, a school district may charge a charter school

reasonable rent for the use of the district's buildings,

grounds, and facilities. Any services for which a charter

school contracts with a school district shall be provided by

the district at cost. Any services for which a charter school

contracts with a local school board or with the governing body

of a State college or university or public community college

shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be subject

to negotiation between the charter school and the local school

board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or

grade level.

(k) If the charter school is approved by the Commission,

then the Commission charter school is its own local education

agency.

(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,

eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;

98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.

7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.

8-10-15; revised 10-19-15.)

(Text of Section after amendment by P.A. 99-456)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian,

nonreligious, non-home based, and non-profit school. A charter

school shall be organized and operated as a nonprofit

corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article

by creating a new school or by converting an existing public

school or attendance center to charter school status. Beginning

on April 16, 2003 (the effective date of Public Act 93-3) this

amendatory Act of the 93rd General Assembly, in all new

applications to establish a charter school in a city having a

population exceeding 500,000, operation of the charter school

shall be limited to one campus. The changes made to this

Section by Public Act 93-3 this amendatory Act of the 93rd

General Assembly do not apply to charter schools existing or

approved on or before April 16, 2003 (the effective date of

Public Act 93-3) this amendatory Act.

(b-5) In this subsection (b-5), "virtual-schooling" means

a cyber school where students engage in online curriculum and

instruction via the Internet and electronic communication with

their teachers at remote locations and with students

participating at different times.

From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a

school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with

virtual-schooling components existing or approved prior to

April 1, 2013 or to the renewal of the charter of a charter

school with virtual-schooling components already approved

prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to

the General Assembly a report on the effect of

virtual-schooling, including without limitation the effect on

student performance, the costs associated with

virtual-schooling, and issues with oversight. The report shall

include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by

its board of directors or other governing body in the manner

provided in its charter. The governing body of a charter school

shall be subject to the Freedom of Information Act and the Open

Meetings Act.

(d) For purposes of this subsection (d), "non-curricular

health and safety requirement" means any health and safety

requirement created by statute or rule to provide, maintain,

preserve, or safeguard safe or healthful conditions for

students and school personnel or to eliminate, reduce, or

prevent threats to the health and safety of students and school

personnel. "Non-curricular health and safety requirement" does

not include any course of study or specialized instructional

requirement for which the State Board has established goals and

learning standards or which is designed primarily to impart

knowledge and skills for students to master and apply as an

outcome of their education.

A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools

under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its

Internet website a list of non-curricular health and safety

requirements that a charter school must meet. The list shall be

updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must

contain a provision that requires the charter school to follow

the list of all non-curricular health and safety requirements

promulgated by the State Board and any non-curricular health

and safety requirements added by the State Board to such list

during the term of the charter. Nothing in this subsection (d)

precludes an authorizer from including non-curricular health

and safety requirements in a charter school contract that are

not contained in the list promulgated by the State Board,

including non-curricular health and safety requirements of the

authorizing local school board.

(e) Except as otherwise provided in the School Code, a

charter school shall not charge tuition; provided that a

charter school may charge reasonable fees for textbooks,

instructional materials, and student activities.

(f) A charter school shall be responsible for the

management and operation of its fiscal affairs including, but

not limited to, the preparation of its budget. An audit of each

charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter

school. To ensure financial accountability for the use of

public funds, on or before December 1 of every year of

operation, each charter school shall submit to its authorizer

and the State Board a copy of its audit and a copy of the Form

990 the charter school filed that year with the federal

Internal Revenue Service. In addition, if deemed necessary for

proper financial oversight of the charter school, an authorizer

may require quarterly financial statements from each charter

school.

(g) A charter school shall comply with all provisions of

this Article, the Illinois Educational Labor Relations Act, all

federal and State laws and rules applicable to public schools

that pertain to special education and the instruction of

English learners, and its charter. A charter school is exempt

from all other State laws and regulations in this Code

governing public schools and local school board policies;

however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding

criminal history records checks and checks of the Statewide

Sex Offender Database and Statewide Murderer and Violent

Offender Against Youth Database of applicants for

employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees

Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit

Corporation Act of 1986 regarding indemnification of

officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report

cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying

prevention; and

(10) Section 2-3.162 of this Code regarding student

discipline reporting; and

(11) Section 22-80 of this Code.

The change made by Public Act 96-104 to this subsection (g)

is declaratory of existing law.

(h) A charter school may negotiate and contract with a

school district, the governing body of a State college or

university or public community college, or any other public or

for-profit or nonprofit private entity for: (i) the use of a

school building and grounds or any other real property or

facilities that the charter school desires to use or convert

for use as a charter school site, (ii) the operation and

maintenance thereof, and (iii) the provision of any service,

activity, or undertaking that the charter school is required to

perform in order to carry out the terms of its charter.

However, a charter school that is established on or after April

16, 2003 (the effective date of Public Act 93-3) this

amendatory Act of the 93rd General Assembly and that operates

in a city having a population exceeding 500,000 may not

contract with a for-profit entity to manage or operate the

school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) this amendatory Act of the

93rd General Assembly and concludes at the end of the 2004-2005

school year. Except as provided in subsection (i) of this

Section, a school district may charge a charter school

reasonable rent for the use of the district's buildings,

grounds, and facilities. Any services for which a charter

school contracts with a school district shall be provided by

the district at cost. Any services for which a charter school

contracts with a local school board or with the governing body

of a State college or university or public community college

shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established

by converting an existing school or attendance center to

charter school status be required to pay rent for space that is

deemed available, as negotiated and provided in the charter

agreement, in school district facilities. However, all other

costs for the operation and maintenance of school district

facilities that are used by the charter school shall be subject

to negotiation between the charter school and the local school

board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or

grade level.

(k) If the charter school is approved by the Commission,

then the Commission charter school is its own local education

agency.

(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,

eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;

98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.

7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.

8-10-15; 99-456, eff. 9-15-16; revised 10-19-15.)

(105 ILCS 5/32-5) (from Ch. 122, par. 32-5)

Sec. 32-5. Bond issues - District boundaries coextensive

with city. For the purpose of building or repairing

schoolhouses or purchasing or improving school sites,

including the purchase of school sites outside the boundaries

of the school district and building school buildings thereon as

provided by Section 10-20.10 of this Act, any special charter

district governed by a special charter, and special or general

school laws, whose boundaries are coextensive with or greater

than the boundaries of any incorporated city, town or village,

where authorized by a majority of all the votes cast on the

proposition may borrow money and as evidence of the

indebtedness, may issue bonds in denominations of not less than

$100 nor more than $1,000, for a term not to exceed 20 years

bearing interest at a rate not to exceed the maximum rate

authorized by the Bond Authorization Act, as amended at the

time of the making of the contract, payable annually,

semi-annually, or quarterly, ct signed by the president and

secretary of the school board of the district; provided, that

the amount borrowed shall not exceed, including existing

indebtedness, 5% of the taxable property of such school

district, as ascertained by the last assessment for State and

county taxes previous to incurring such indebtedness.

With respect to instruments for the payment of money issued

under this Section either before, on, or after June 6, 1989

(the effective date of Public Act 86-4) this amendatory Act of

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.

(Source: P.A. 86-4; revised 10-9-15.)

(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)

Sec. 34-2.4. School improvement plan. A 3-year 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 3 year plan, a new 3-year 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 English learners, students

with disabilities, 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. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;

revised 10-21-15.)

(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)

Sec. 34-8.1. Principals. Principals shall be employed to

supervise the operation of each attendance center. Their powers

and duties shall include but not be limited to the authority

(i) to direct, supervise, evaluate, and suspend with or without

pay or otherwise discipline all teachers, assistant

principals, and other employees assigned to the attendance

center in accordance with board rules and policies and (ii) to

direct all other persons assigned to the attendance center

pursuant to a contract with a third party to provide services

to the school system. The right to employ, discharge, and

layoff shall be vested solely with the board, provided that

decisions to discharge or suspend non-certified employees,

including disciplinary layoffs, and the termination of

certified employees from employment pursuant to a layoff or

reassignment policy are subject to review under the grievance

resolution procedure adopted pursuant to subsection (c) of

Section 10 of the Illinois Educational Labor Relations Act. The

grievance resolution procedure adopted by the board shall

provide for final and binding arbitration, and,

notwithstanding any other provision of law to the contrary, the

arbitrator's decision may include all make-whole relief,

including without limitation reinstatement. The principal

shall fill positions by appointment as provided in this Section

and may make recommendations to the board regarding the

employment, discharge, or layoff of any individual. The

authority of the principal shall include the authority to

direct the hours during which the attendance center shall be

open and available for use provided the use complies with board

rules and policies, to determine when and what operations shall

be conducted within those hours, and to schedule staff within

those hours. Under the direction of, and subject to the

authority of the principal, the Engineer In Charge shall be

accountable for the safe, economical operation of the plant and

grounds and shall also be responsible for orientation,

training, and supervising the work of Engineers, Trainees,

school maintenance assistants, custodial workers and other

plant operation employees under his or her direction.

There shall be established by the board a system of

semi-annual evaluations conducted by the principal as to

performance of the engineer in charge. Nothing in this Section

shall prevent the principal from conducting additional

evaluations. An overall numerical rating shall be given by the

principal based on the evaluation conducted by the principal.

An unsatisfactory numerical rating shall result in

disciplinary action, which may include, without limitation and

in the judgment of the principal, loss of promotion or bidding

procedure, reprimand, suspension with or without pay, or

recommended dismissal. The board shall establish procedures

for conducting the evaluation and reporting the results to the

engineer in charge.

Under the direction of, and subject to the authority of,

the principal, the Food Service Manager is responsible at all

times for the proper operation and maintenance of the lunch

room to which he is assigned and shall also be responsible for

the orientation, training, and supervising the work of cooks,

bakers, porters, and lunchroom attendants under his or her

direction.

There shall be established by the Board a system of

semi-annual evaluations conducted by the principal as to the

performance of the food service manager. Nothing in this

Section shall prevent the principal from conducting additional

evaluations. An overall numerical rating shall be given by the

principal based on the evaluation conducted by the principal.

An unsatisfactory numerical rating shall result in

disciplinary action which may include, without limitation and

in the judgment of the principal, loss of promotion or bidding

procedure, reprimand, suspension with or without pay, or

recommended dismissal. The board shall establish rules for

conducting the evaluation and reporting the results to the food

service manager.

Nothing in this Section shall be interpreted to require the

employment or assignment of an Engineer-In-Charge or a Food

Service Manager for each attendance center.

Principals shall be employed to supervise the educational

operation of each attendance center. If a principal is absent

due to extended illness or leave of or absence, an assistant

principal may be assigned as acting principal for a period not

to exceed 100 school days. Each principal shall assume

administrative responsibility and instructional leadership, in

accordance with reasonable rules and regulations of the board,

for the planning, operation and evaluation of the educational

program of the attendance center to which he is assigned. The

principal shall submit recommendations to the general

superintendent concerning the appointment, dismissal,

retention, promotion, and assignment of all personnel assigned

to the attendance center; provided, that from and after

September 1, 1989: (i) if any vacancy occurs in a position at

the attendance center or if an additional or new position is

created at the attendance center, that position shall be filled

by appointment made by the principal in accordance with

procedures established and provided by the Board whenever the

majority of the duties included in that position are to be

performed at the attendance center which is under the

principal's supervision, and each such appointment so made by

the principal shall be made and based upon merit and ability to

perform in that position without regard to seniority or length

of service, provided, that such appointments shall be subject

to the Board's desegregation obligations, including but not

limited to the Consent Decree and Desegregation Plan in U.S. v.

Chicago Board of Education; (ii) the principal shall submit

recommendations based upon merit and ability to perform in the

particular position, without regard to seniority or length of

service, to the general superintendent concerning the

appointment of any teacher, teacher aide, counselor, clerk,

hall guard, security guard and any other personnel which is to

be made by the general superintendent whenever less than a

majority of the duties of that teacher, teacher aide,

counselor, clerk, hall guard, and security guard and any other

personnel are to be performed at the attendance center which is

under the principal's supervision; and (iii) subject to law and

the applicable collective bargaining agreements, the authority

and responsibilities of a principal with respect to the

evaluation of all teachers and other personnel assigned to an

attendance center shall commence immediately upon his or her

appointment as principal of the attendance center, without

regard to the length of time that he or she has been the

principal of that attendance center.

Notwithstanding the existence of any other law of this

State, nothing in this Act shall prevent the board from

entering into a contract with a third party for services

currently performed by any employee or bargaining unit member.

Notwithstanding any other provision of this Article, each

principal may approve contracts, binding on the board, in the

amount of no more than $10,000, if the contract is endorsed by

the Local School Council.

Unless otherwise prohibited by law or by rule of the board,

the principal shall provide to local school council members

copies of all internal audits and any other pertinent

information generated by any audits or reviews of the programs

and operation of the attendance center.

Each principal shall hold a valid administrative

certificate issued or exchanged in accordance with Article 21

and endorsed as required by that Article for the position of

principal. The board may establish or impose academic,

educational, examination, and experience requirements and

criteria that are in addition to those established and required

by Article 21 for issuance of a valid certificate endorsed for

the position of principal as a condition of the nomination,

selection, appointment, employment, or continued employment of

a person as principal of any attendance center, or as a

condition of the renewal of any principal's performance

contract.

The board shall specify in its formal job description for

principals, and from and after July 1, 1990 shall specify in

the 4 year performance contracts for use with respect to all

principals, that his or her primary responsibility is in the

improvement of instruction. A majority of the time spent by a

principal shall be spent on curriculum and staff development

through both formal and informal activities, establishing

clear lines of communication regarding school goals,

accomplishments, practices and policies with parents and

teachers. The principal, with the assistance of the local

school council, shall develop a school improvement plan as

provided in Section 34-2.4 and, upon approval of the plan by

the local school council, shall be responsible for directing

implementation of the plan. The principal, with the assistance

of the professional personnel leadership committee, shall

develop the specific methods and contents of the school's

curriculum within the board's system-wide curriculum standards

and objectives and the requirements of the school improvement

plan. The board shall ensure that all principals are evaluated

on their instructional leadership ability and their ability to

maintain a positive education and learning climate. It shall

also be the responsibility of the principal to utilize

resources of proper law enforcement agencies when the safety

and welfare of students and teachers are threatened by illegal

use of drugs and alcohol, by illegal use or possession of

weapons, or by illegal gang activity.

Nothing in this Section shall prohibit the board and the

exclusive representative of the district's teachers from

entering into an agreement under Section 34-85c of this Code to

establish alternative procedures for teacher evaluation,

remediation, and removal for cause after remediation,

including an alternative system for peer evaluation and

recommendations, for teachers assigned to schools identified

in that agreement.

On or before October 1, 1989, the Board of Education, in

consultation with any professional organization representing

principals in the district, shall promulgate rules and

implement a lottery for the purpose of determining whether a

principal's existing performance contract (including the

performance contract applicable to any principal's position in

which a vacancy then exists) expires on June 30, 1990 or on

June 30, 1991, and whether the ensuing 4 year performance

contract begins on July 1, 1990 or July 1, 1991. The Board of

Education shall establish and conduct the lottery in such

manner that of all the performance contracts of principals

(including the performance contracts applicable to all

principal positions in which a vacancy then exists), 50% of

such contracts shall expire on June 30, 1990, and 50% shall

expire on June 30, 1991. All persons serving as principal on

May 1, 1989, and all persons appointed as principal after May

1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner

other than as provided by Section 34-2.3, shall be deemed by

operation of law to be serving under a performance contract

which expires on June 30, 1990 or June 30, 1991; and unless

such performance contract of any such principal is renewed (or

such person is again appointed to serve as principal) in the

manner provided by Section 34-2.2 or 34-2.3, the employment of

such person as principal shall terminate on June 30, 1990 or

June 30, 1991.

Commencing on July 1, 1990, or on July 1, 1991, and

thereafter, the principal of each attendance center shall be

the person selected in the manner provided by Section 34-2.3 to

serve as principal of that attendance center under a 4 year

performance contract. All performance contracts of principals

expiring after July 1, 1990, or July 1, 1991, shall commence on

the date specified in the contract, and the renewal of their

performance contracts and the appointment of principals when

their performance contracts are not renewed shall be governed

by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the office

of a principal occurs for any reason, the vacancy shall be

filled by the selection of a new principal to serve under a 4

year performance contract in the manner provided by Section

34-2.3.

The board of education shall develop and prepare, in

consultation with the organization representing principals, a

performance contract for use at all attendance centers, and

shall furnish the same to each local school council. The term

of the performance contract shall be 4 years, unless the

principal is retained by the decision of a hearing officer

pursuant to subdivision 1.5 of Section 34-2.3, in which case

the contract shall be extended for 2 years. The performance

contract of each principal shall consist of the uniform

performance contract, as developed or from time to time

modified by the board, and such additional criteria as are

established by a local school council pursuant to Section

34-2.3 for the performance contract of its principal.

During the term of his or her performance contract, a

principal may be removed only as provided for in the

performance contract except for cause. He or she shall also be

obliged to follow the rules of the board of education

concerning conduct and efficiency.

In the event the performance contract of a principal is not

renewed or a principal is not reappointed as principal under a

new performance contract, or in the event a principal is

appointed to any position of superintendent or higher position,

or voluntarily resigns his position of principal, his or her

employment as a principal shall terminate and such former

principal shall not be reinstated to the position from which he

or she was promoted to principal, except that he or she, if

otherwise qualified and certified in accordance with Article

21, shall be placed by the board on appropriate eligibility

lists which it prepares for use in the filling of vacant or

additional or newly created positions for teachers. The

principal's total years of service to the board as both a

teacher and a principal, or in other professional capacities,

shall be used in calculating years of experience for purposes

of being selected as a teacher into new, additional or vacant

positions.

In the event the performance contract of a principal is not

renewed or a principal is not reappointed as principal under a

new performance contract, such principal shall be eligible to

continue to receive his or her previously provided level of

health insurance benefits for a period of 90 days following the

non-renewal of the contract at no expense to the principal,

provided that such principal has not retired.

(Source: P.A. 95-331, eff. 8-21-07; 95-510, eff. 8-28-07;

revised 10-9-15.)

Section 255. 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, except that

the total number of scholarships annually granted to recipients

from each county may not exceed 3: 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 during the siege of Beirut and

the Grenada Conflict between June 14, 1982 and December 15,

1983, or 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 for

scholarships shall be given to the children of persons who are

deceased or to the children of persons who have a disability.

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. 99-143, eff. 7-27-15; 99-377, eff. 8-17-15;

revised 10-21-15.)

Section 260. The Illinois Credit Union Act is amended by

changing Section 46 as follows:

(205 ILCS 305/46) (from Ch. 17, par. 4447)

Sec. 46. Loans and interest rate.

(1) A credit union may make loans to its members for such

purpose and upon such security and terms, including rates of

interest, as the credit committee, credit manager, or loan

officer approves. Notwithstanding the provisions of any other

law in connection with extensions of credit, a credit union may

elect to contract for and receive interest and fees and other

charges for extensions of credit subject only to the provisions

of this Act and rules promulgated under this Act, except that

extensions of credit secured by residential real estate shall

be subject to the laws applicable thereto. The rates of

interest to be charged on loans to members shall be set by the

board of directors of each individual credit union in

accordance with Section 30 of this Act and such rates may be

less than, but may not exceed, the maximum rate set forth in

this Section. A borrower may repay his loan prior to maturity,

in whole or in part, without penalty. The credit contract may

provide for the payment by the member and receipt by the credit

union of all costs and disbursements, including reasonable

attorney's fees and collection agency charges, incurred by the

credit union to collect or enforce the debt in the event of a

delinquency by the member, or in the event of a breach of any

obligation of the member under the credit contract. A

contingency or hourly arrangement established under an

agreement entered into by a credit union with an attorney or

collection agency to collect a loan of a member in default

shall be presumed prima facie reasonable.

(2) Credit unions may make loans based upon the security of

any interest or equity in real estate, subject to rules and

regulations promulgated by the Secretary. In any contract or

loan which is secured by a mortgage, deed of trust, or

conveyance in the nature of a mortgage, on residential real

estate, the interest which is computed, calculated, charged, or

collected pursuant to such contract or loan, or pursuant to any

regulation or rule promulgated pursuant to this Act, may not be

computed, calculated, charged or collected for any period of

time occurring after the date on which the total indebtedness,

with the exception of late payment penalties, is paid in full.

For purposes of this subsection (2) of this Section 46, a

prepayment shall mean the payment of the total indebtedness,

with the exception of late payment penalties if incurred or

charged, on any date before the date specified in the contract

or loan agreement on which the total indebtedness shall be paid

in full, or before the date on which all payments, if timely

made, shall have been made. In the event of a prepayment of the

indebtedness which is made on a date after the date on which

interest on the indebtedness was last computed, calculated,

charged, or collected but before the next date on which

interest on the indebtedness was to be calculated, computed,

charged, or collected, the lender may calculate, charge and

collect interest on the indebtedness for the period which

elapsed between the date on which the prepayment is made and

the date on which interest on the indebtedness was last

computed, calculated, charged or collected at a rate equal to

1/360 of the annual rate for each day which so elapsed, which

rate shall be applied to the indebtedness outstanding as of the

date of prepayment. The lender shall refund to the borrower any

interest charged or collected which exceeds that which the

lender may charge or collect pursuant to the preceding

sentence. The provisions of Public Act 84-941 this amendatory

Act of 1985 shall apply only to contracts or loans entered into

on or after January 1, 1986 (the effective date of Public Act

84-941) this amendatory Act.

(3) (Blank).

(4) Notwithstanding any other provisions of this Act, a

credit union authorized under this Act to make loans secured by

an interest or equity in real property may engage in making

revolving credit loans secured by mortgages or deeds of trust

on such real property or by security assignments of beneficial

interests in land trusts.

For purposes of this Section, "revolving credit" has the

meaning defined in Section 4.1 of the Interest Act.

Any mortgage or deed of trust given to secure a revolving

credit loan may, and when so expressed therein shall, secure

not only the existing indebtedness but also such future

advances, whether such advances are obligatory or to be made at

the option of the lender, or otherwise, as are made within

twenty years from the date thereof, to the same extent as if

such future advances were made on the date of the execution of

such mortgage or deed of trust, although there may be no

advance made at the time of execution of such mortgage or other

instrument, and although there may be no indebtedness

outstanding at the time any advance is made. The lien of such

mortgage or deed of trust, as to third persons without actual

notice thereof, shall be valid as to all such indebtedness and

future advances form the time said mortgage or deed of trust is

filed for record in the office of the recorder of deeds or the

registrar of titles of the county where the real property

described therein is located. The total amount of indebtedness

that may be so secured may increase or decrease from time to

time, but the total unpaid balance so secured at any one time

shall not exceed a maximum principal amount which must be

specified in such mortgage or deed of trust, plus interest

thereon, and any disbursements made for the payment of taxes,

special assessments, or insurance on said real property, with

interest on such disbursements.

Any such mortgage or deed of trust shall be valid and have

priority over all subsequent liens and encumbrances, including

statutory liens, except taxes and assessments levied on said

real property.

(4-5) For purposes of this Section, "real estate" and "real

property" include a manufactured home as defined in subdivision

(53) of Section 9-102 of the Uniform Commercial Code which is

real property as defined in Section 5-35 of the Conveyance and

Encumbrance of Manufactured Homes as Real Property and

Severance Act.

(5) Compliance with federal or Illinois preemptive laws or

regulations governing loans made by a credit union chartered

under this Act shall constitute compliance with this Act.

(6) Credit unions may make residential real estate mortgage

loans on terms and conditions established by the United States

Department of Agriculture through its Rural Development

Housing and Community Facilities Program. The portion of any

loan in excess of the appraised value of the real estate shall

be allocable only to the guarantee fee required under the

program.

(7) For a renewal, refinancing, or restructuring of an

existing loan at the credit union that is secured by an

interest or equity in real estate, a new appraisal of the

collateral shall not be required when (i) no new moneys are

advanced other than funds necessary to cover reasonable closing

costs, or (ii) there has been no obvious or material change in

market conditions or physical aspects of the real estate that

threatens the adequacy of the credit union's real estate

collateral protection after the transaction, even with the

advancement of new moneys. The Department reserves the right to

require an appraisal under this subsection (7) whenever the

Department believes it is necessary to address safety and

soundness concerns.

(Source: P.A. 98-749, eff. 7-16-14; 98-784, eff. 7-24-14;

99-78, eff. 7-20-15; 99-149, eff. 1-1-16; 99-331, eff. 1-1-16;

revised 10-16-15.)

Section 265. The Corporate Fiduciary Act is amended by

changing Section 5-10.5 as follows:

(205 ILCS 620/5-10.5)

Sec. 5-10.5. Disclosure of records. A corporate fiduciary

may not disclose to any person, except to the customer or the

customer's duly authorized agent, any records pertaining to the

fiduciary relationship between the corporate fiduciary and the

customer unless:

(1) the instrument or court order establishing the

fiduciary relationship permits the record to be disclosed

under the circumstances;

(2) applicable law authorizes the disclosure;

(3) disclosure by the corporate fiduciary is necessary

to perform a transaction or act that is authorized by the

instrument or court order establishing the fiduciary

relationship relation ship; or

(4) Section 48.1 of the Illinois Banking Act would

permit a bank to disclose the record to the same extent

under the circumstances.

For purposes of this Section, "customer" means the person

or individual who contracted to establish the fiduciary

relationship or who executed any instrument or document from

which the fiduciary relationship was established, a person

authorized by the customer to provide such direction or, if the

instrument, law, or court order so permits, the beneficiaries

of the fiduciary relationship.

(Source: P.A. 89-364, eff. 8-18-95; revised 10-14-15.)

Section 270. The Ambulatory Surgical Treatment Center Act

is amended by changing Section 6.5 as follows:

(210 ILCS 5/6.5)

Sec. 6.5. Clinical privileges; advanced practice nurses.

All ambulatory surgical treatment centers (ASTC) licensed

under this Act shall comply with the following requirements:

(1) No ASTC policy, rule, regulation, or practice shall

be inconsistent with the provision of adequate

collaboration and consultation in accordance with Section

54.5 of the Medical Practice Act of 1987.

(2) Operative surgical procedures shall be performed

only by a physician licensed to practice medicine in all

its branches under the Medical Practice Act of 1987, a

dentist licensed under the Illinois Dental Practice Act, or

a podiatric physician licensed under the Podiatric Medical

Practice Act of 1987, with medical staff membership and

surgical clinical privileges granted by the consulting

committee of the ASTC. A licensed physician, dentist, or

podiatric physician may be assisted by a physician licensed

to practice medicine in all its branches, dentist, dental

assistant, podiatric physician, licensed advanced practice

nurse, licensed physician assistant, licensed registered

nurse, licensed practical nurse, surgical assistant,

surgical technician, or other individuals granted clinical

privileges to assist in surgery by the consulting committee

of the ASTC. Payment for services rendered by an assistant

in surgery who is not an ambulatory surgical treatment

center employee shall be paid at the appropriate

non-physician modifier rate if the payor would have made

payment had the same services been provided by a physician.

(2.5) A registered nurse licensed under the Nurse

Practice Act and qualified by training and experience in

operating room nursing shall be present in the operating

room and function as the circulating nurse during all

invasive or operative procedures. For purposes of this

paragraph (2.5), "circulating nurse" means a registered

nurse who is responsible for coordinating all nursing care,

patient safety needs, and the needs of the surgical team in

the operating room during an invasive or operative

procedure.

(3) An advanced practice nurse is not required to

possess prescriptive authority or a written collaborative

agreement meeting the requirements of the Nurse Practice

Act to provide advanced practice nursing services in an

ambulatory surgical treatment center. An advanced practice

nurse must possess clinical privileges granted by the

consulting medical staff committee and ambulatory surgical

treatment center in order to provide services. Individual

advanced practice nurses may also be granted clinical

privileges to order, select, and administer medications,

including controlled substances, to provide delineated

care. The attending physician must determine the advanced

advance practice nurse's role in providing care for his or

her patients, except as otherwise provided in the

consulting staff policies. The consulting medical staff

committee shall periodically review the services of

advanced practice nurses granted privileges.

(4) The anesthesia service shall be under the direction

of a physician licensed to practice medicine in all its

branches who has had specialized preparation or experience

in the area or who has completed a residency in

anesthesiology. An anesthesiologist, Board certified or

Board eligible, is recommended. Anesthesia services may

only be administered pursuant to the order of a physician

licensed to practice medicine in all its branches, licensed

dentist, or licensed podiatric physician.

(A) The individuals who, with clinical privileges

granted by the medical staff and ASTC, may administer

anesthesia services are limited to the following:

(i) an anesthesiologist; or

(ii) a physician licensed to practice medicine

in all its branches; or

(iii) a dentist with authority to administer

anesthesia under Section 8.1 of the Illinois

Dental Practice Act; or

(iv) a licensed certified registered nurse

anesthetist; or

(v) a podiatric physician licensed under the

Podiatric Medical Practice Act of 1987.

(B) For anesthesia services, an anesthesiologist

shall participate through discussion of and agreement

with the anesthesia plan and shall remain physically

present and be available on the premises during the

delivery of anesthesia services for diagnosis,

consultation, and treatment of emergency medical

conditions. In the absence of 24-hour availability of

anesthesiologists with clinical privileges, an

alternate policy (requiring participation, presence,

and availability of a physician licensed to practice

medicine in all its branches) shall be developed by the

medical staff consulting committee in consultation

with the anesthesia service and included in the medical

staff consulting committee policies.

(C) A certified registered nurse anesthetist is

not required to possess prescriptive authority or a

written collaborative agreement meeting the

requirements of Section 65-35 of the Nurse Practice Act

to provide anesthesia services ordered by a licensed

physician, dentist, or podiatric physician. Licensed

certified registered nurse anesthetists are authorized

to select, order, and administer drugs and apply the

appropriate medical devices in the provision of

anesthesia services under the anesthesia plan agreed

with by the anesthesiologist or, in the absence of an

available anesthesiologist with clinical privileges,

agreed with by the operating physician, operating

dentist, or operating podiatric physician in

accordance with the medical staff consulting committee

policies of a licensed ambulatory surgical treatment

center.

(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)

Section 275. 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, the ID/DD

Community Care Act, or the MC/DD 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,

Section 3-702 of the ID/DD Community Care Act, or Section 3-702

of the MC/DD 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 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 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 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. 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. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; revised 10-9-15.)

Section 280. The Nursing Home Care Act is amended by

changing Sections 1-113, 2-201.5, and 3-702 as follows:

(210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)

Sec. 1-113. "Facility" or "long-term care facility" means a

private home, institution, building, residence, or any other

place, whether operated for profit or not, or a county home for

the infirm and chronically ill operated pursuant to Division

5-21 or 5-22 of the Counties Code, or any similar institution

operated by a political subdivision of the State of Illinois,

which provides, through its ownership or management, personal

care, sheltered care or nursing for 3 or more persons, not

related to the applicant or owner by blood or marriage. It

includes skilled nursing facilities and intermediate care

facilities as those terms are defined in Title XVIII and Title

XIX of the federal Federal Social Security Act. It also

includes homes, institutions, or other places operated by or

under the authority of the Illinois Department of Veterans'

Affairs.

"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 therefor, 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;

(12) A facility licensed under the ID/DD Community Care

Act;

(13) A facility licensed under the Specialized Mental

Health Rehabilitation Act of 2013; or

(14) A facility licensed under the MC/DD Act; or .

(15) (14) A medical foster home, as defined in 38 CFR

17.73, that is under the oversight of the United States

Department of Veterans Affairs.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;

99-376, eff. 1-1-16; revised 10-16-15.)

(210 ILCS 45/2-201.5)

Sec. 2-201.5. Screening prior to admission.

(a) All persons age 18 or older seeking admission to a

nursing facility must be screened to determine the need for

nursing facility services prior to being admitted, regardless

of income, assets, or funding source. Screening for nursing

facility services shall be administered through procedures

established by administrative rule. Screening may be done by

agencies other than the Department as established by

administrative rule. This Section applies on and after July 1,

1996. No later than October 1, 2010, the Department of

Healthcare and Family Services, in collaboration with the

Department on Aging, the Department of Human Services, and the

Department of Public Health, shall file administrative rules

providing for the gathering, during the screening process, of

information relevant to determining each person's potential

for placing other residents, employees, and visitors at risk of

harm.

(a-1) Any screening performed pursuant to subsection (a) of

this Section shall include a determination of whether any

person is being considered for admission to a nursing facility

due to a need for mental health services. For a person who

needs mental health services, the screening shall also include

an evaluation of whether there is permanent supportive housing,

or an array of community mental health services, including but

not limited to supported housing, assertive community

treatment, and peer support services, that would enable the

person to live in the community. The person shall be told about

the existence of any such services that would enable the person

to live safely and humanely and about available appropriate

nursing home services that would enable the person to live

safely and humanely, and the person shall be given the

assistance necessary to avail himself or herself of any

available services.

(a-2) Pre-screening for persons with a serious mental

illness shall be performed by a psychiatrist, a psychologist, a

registered nurse certified in psychiatric nursing, a licensed

clinical professional counselor, or a licensed clinical social

worker, who is competent to (i) perform a clinical assessment

of the individual, (ii) certify a diagnosis, (iii) make a

determination about the individual's current need for

treatment, including substance abuse treatment, and recommend

specific treatment, and (iv) determine whether a facility or a

community-based program is able to meet the needs of the

individual.

For any person entering a nursing facility, the

pre-screening agent shall make specific recommendations about

what care and services the individual needs to receive,

beginning at admission, to attain or maintain the individual's

highest level of independent functioning and to live in the

most integrated setting appropriate for his or her physical and

personal care and developmental and mental health needs. These

recommendations shall be revised as appropriate by the

pre-screening or re-screening agent based on the results of

resident review and in response to changes in the resident's

wishes, needs, and interest in transition.

Upon the person entering the nursing facility, the

Department of Human Services or its designee shall assist the

person in establishing a relationship with a community mental

health agency or other appropriate agencies in order to (i)

promote the person's transition to independent living and (ii)

support the person's progress in meeting individual goals.

(a-3) The Department of Human Services, by rule, shall

provide for a prohibition on conflicts of interest for

pre-admission screeners. The rule shall provide for waiver of

those conflicts by the Department of Human Services if the

Department of Human Services determines that a scarcity of

qualified pre-admission screeners exists in a given community

and that, absent a waiver of conflicts, an insufficient number

of pre-admission screeners would be available. If a conflict is

waived, the pre-admission screener shall disclose the conflict

of interest to the screened individual in the manner provided

for by rule of the Department of Human Services. For the

purposes of this subsection, a "conflict of interest" includes,

but is not limited to, the existence of a professional or

financial relationship between (i) a PAS-MH corporate or a

PAS-MH agent and (ii) a community provider or long-term care

facility.

(b) In addition to the screening required by subsection

(a), a facility, except for those licensed under the MC/DD Act,

shall, within 24 hours after admission, request a criminal

history background check pursuant to the Illinois Uniform

Conviction Information Act for all persons age 18 or older

seeking admission to the facility, unless (i) a background

check was initiated by a hospital pursuant to subsection (d) of

Section 6.09 of the Hospital Licensing Act or a pre-admission

background check was conducted by the Department of Veterans'

Affairs 30 days prior to admittance into an Illinois Veterans

Home; (ii) the transferring resident is immobile; or (iii) the

transferring resident is moving into hospice. The exemption

provided in item (ii) or (iii) of this subsection (b) shall

apply only if a background check was completed by the facility

the resident resided at prior to seeking admission to the

facility and the resident was transferred to the facility with

no time passing during which the resident was not

institutionalized. If item (ii) or (iii) of this subsection (b)

applies, the prior facility shall provide a copy of its

background check of the resident and all supporting

documentation, including, when applicable, the criminal

history report and the security assessment, to the facility to

which the resident is being transferred. Background checks

conducted pursuant to this Section shall be based on the

resident's name, date of birth, and other identifiers as

required by the Department of State Police. If the results of

the background check are inconclusive, the facility shall

initiate a fingerprint-based check, unless the fingerprint

check is waived by the Director of Public Health based on

verification by the facility that the resident is completely

immobile or that the resident meets other criteria related to

the resident's health or lack of potential risk which may be

established by Departmental rule. A waiver issued pursuant to

this Section shall be valid only while the resident is immobile

or while the criteria supporting the waiver exist. The facility

shall provide for or arrange for any required fingerprint-based

checks to be taken on the premises of the facility. If a

fingerprint-based check is required, the facility shall

arrange for it to be conducted in a manner that is respectful

of the resident's dignity and that minimizes any emotional or

physical hardship to the resident.

(c) If the results of a resident's criminal history

background check reveal that the resident is an identified

offender as defined in Section 1-114.01, the facility shall do

the following:

(1) Immediately notify the Department of State Police,

in the form and manner required by the Department of State

Police, in collaboration with the Department of Public

Health, that the resident is an identified offender.

(2) Within 72 hours, arrange for a fingerprint-based

criminal history record inquiry to be requested on the

identified offender resident. The inquiry shall be based on

the subject's name, sex, race, date of birth, fingerprint

images, and other identifiers required by the Department of

State Police. The inquiry shall be processed through the

files of the Department of State Police and the Federal

Bureau of Investigation to locate any criminal history

record information that may exist regarding the subject.

The Federal Bureau of Investigation shall furnish to the

Department of State Police, pursuant to an inquiry under

this paragraph (2), any criminal history record

information contained in its files.

The facility shall comply with all applicable provisions

contained in the Illinois Uniform Conviction Information Act.

All name-based and fingerprint-based criminal history

record inquiries shall be submitted to the Department of State

Police electronically in the form and manner prescribed by the

Department of State Police. The Department of State Police may

charge the facility a fee for processing name-based and

fingerprint-based criminal history record inquiries. The fee

shall be deposited into the State Police Services Fund. The fee

shall not exceed the actual cost of processing the inquiry.

(d) (Blank).

(e) The Department shall develop and maintain a

de-identified database of residents who have injured facility

staff, facility visitors, or other residents, and the attendant

circumstances, solely for the purposes of evaluating and

improving resident pre-screening and assessment procedures

(including the Criminal History Report prepared under Section

2-201.6) and the adequacy of Department requirements

concerning the provision of care and services to residents. A

resident shall not be listed in the database until a Department

survey confirms the accuracy of the listing. The names of

persons listed in the database and information that would allow

them to be individually identified shall not be made public.

Neither the Department nor any other agency of State government

may use information in the database to take any action against

any individual, licensee, or other entity, unless the

Department or agency receives the information independent of

this subsection (e). All information collected, maintained, or

developed under the authority of this subsection (e) for the

purposes of the database maintained under this subsection (e)

shall be treated in the same manner as information that is

subject to Part 21 of Article VIII of the Code of Civil

Procedure.

(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;

99-453, eff. 8-24-15; revised 10-20-15.)

(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)

Sec. 3-702. (a) A person who believes that this Act or a

rule promulgated under this Act may have been violated may

request an investigation. The request may be submitted to the

Department in writing, by telephone, by electronic means, or by

personal visit. An oral complaint shall be reduced to writing

by the Department. The Department shall make available, through

its website and upon request, information regarding the oral

and phone intake processes and the list of questions that will

be asked of the complainant. The Department shall request

information identifying the complainant, including the name,

address and telephone number, to help enable appropriate

follow-up. The Department shall act on such complaints via

on-site visits or other methods deemed appropriate to handle

the complaints with or without such identifying information, as

otherwise provided under this Section. The complainant shall be

informed that compliance with such request is not required to

satisfy the procedures for filing a complaint under this Act.

The Department must notify complainants that complaints with

less information provided are far more difficult to respond to

and investigate.

(b) The substance of the complaint shall be provided in

writing to the licensee, owner, or administrator no earlier

than at the commencement of an on-site inspection of the

facility which takes place pursuant to the complaint.

(c) The Department shall not disclose the name of the

complainant unless the complainant consents in writing to the

disclosure or the investigation results in a judicial

proceeding, or unless disclosure is essential to the

investigation. The complainant shall be given the opportunity

to withdraw the complaint before disclosure. Upon the request

of the complainant, the Department may permit the complainant

or a representative of the complainant to accompany the person

making the on-site inspection of the facility.

(d) Upon receipt of a complaint, the Department shall

determine whether this Act or a rule promulgated under this Act

has been or is being violated. The Department shall investigate

all complaints alleging abuse or neglect within 7 days after

the receipt of the complaint except that complaints of abuse or

neglect which indicate that a resident's life or safety is in

imminent danger shall be investigated within 24 hours after

receipt of the complaint. All other complaints shall be

investigated within 30 days after the receipt of the complaint.

The Department employees investigating a complaint shall

conduct a brief, informal exit conference with the facility to

alert its administration of any suspected serious deficiency

that poses a direct threat to the health, safety or welfare of

a resident to enable an immediate correction for the

alleviation or elimination of such threat. Such information and

findings discussed in the brief exit conference shall become a

part of the investigating record but shall not in any way

constitute an official or final notice of violation as provided

under Section 3-301. All complaints shall be classified as "an

invalid report", "a valid report", or "an undetermined report".

For any complaint classified as "a valid report", the

Department must determine within 30 working days if any rule or

provision of this Act has been or is being violated.

(d-1) The Department shall, whenever possible, combine an

on-site investigation of a complaint in a facility with other

inspections in order to avoid duplication of inspections.

(e) In all cases, the Department shall inform the

complainant of its findings within 10 days of its determination

unless otherwise indicated by the complainant, and the

complainant may direct the Department to send a copy of such

findings to another person. The Department's findings may

include comments or documentation provided by either the

complainant or the licensee pertaining to the complaint. The

Department shall also notify the facility of such findings

within 10 days of the determination, but the name of the

complainant or residents shall not be disclosed in this notice

to the facility. The notice of such findings shall include a

copy of the written determination; the correction order, if

any; the warning notice, if any; the inspection report; or the

State licensure form on which the violation is listed.

(f) A written determination, correction order, or warning

notice concerning a complaint, together with the facility's

response, shall be available for public inspection, but the

name of the complainant or resident shall not be disclosed

without his consent.

(g) A complainant who is dissatisfied with the

determination or investigation by the Department may request a

hearing under Section 3-703. The facility shall be given notice

of any such hearing and may participate in the hearing as a

party. If a facility requests a hearing under Section 3-703

which concerns a matter covered by a complaint, the complainant

shall be given notice and may participate in the hearing as a

party. A request for a hearing by either a complainant or a

facility shall be submitted in writing to the Department within

30 days after the mailing of the Department's findings as

described in subsection (e) of this Section. Upon receipt of

the request the Department shall conduct a hearing as provided

under Section 3-703.

(g-5) The Department shall conduct an annual review and

make a report concerning the complaint process that includes

the number of complaints received, the breakdown of anonymous

and non-anonymous complaints and whether the complaints were

substantiated or not, the total number of substantiated

complaints, and any other complaint information requested by

the Long-Term Care Facility Advisory Board created under

Section 2-204 of this Act or the Illinois Long-Term Care

Council created under Section 4.04a of the Illinois Act on the

Aging. This report shall be provided to the Long-Term Care

Facility Advisory Board and the Illinois Long-Term Care

Council. The Long-Term Care Facility Advisory Board and the

Illinois Long-Term Care Council shall review the report and

suggest any changes deemed necessary to the Department for

review and action, including how to investigate and

substantiate anonymous complaints.

(h) Any person who knowingly transmits a false report to

the Department commits the offense of disorderly conduct under

subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.

(Source: P.A. 97-1150, eff. 1-25-13; 98-988, eff. 8-18-14;

revised 10-9-15.)

Section 285. The MC/DD Act is amended by changing Section

2-104.2 as follows:

(210 ILCS 46/2-104.2)

Sec. 2-104.2. Do Not Resuscitate Orders. Every facility

licensed under this Act shall establish a policy for the

implementation of physician orders limiting resuscitation such

as those commonly referred to as "Do Not Resuscitate" orders.

This policy may only prescribe the format, method of

documentation and duration of any physician orders limiting

resuscitation. Any orders under this policy shall be honored by

the facility. The Department of Public Health Uniform POLST

DNR/POLST form or a copy of that form or a previous version of

the uniform form shall be honored by the facility.

(Source: P.A. 99-180, eff. 7-29-15; revised 10-13-15.)

Section 290. The ID/DD Community Care Act is amended by

changing Sections 1-101.05 and 1-113 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 under

this Act instead of under the Nursing Home Care Act. On and

after July 1, 2010 (the effective date of this Act), those

facilities shall be governed by this Act instead of the Nursing

Home Care Act.

On and after July 29, 2015 (the effective date of Public

Act 99-180) this amendatory Act of the 99th General Assembly,

long-term care for under age 22 facilities shall be known as

medically complex for the developmentally disabled facilities

and governed by the MC/DD Act instead of this 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 July 1, 2010 (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 July 1, 2010 (the effective date of this

Act). Any finding, decision, or action with respect to the

facility made or taken on or after July 1, 2010 (the effective

date of this Act) shall be made or taken as provided in this

Act.

(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;

revised 10-14-15.)

(210 ILCS 47/1-113)

Sec. 1-113. Facility. "ID/DD facility" or "facility" means

an intermediate care facility for persons with developmental

disabilities, 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;

(12) A home, institution, or other place operated by or

under the authority of the Illinois Department of Veterans'

Affairs; or

(13) Any MC/DD facility licensed under the MC/DD Act.

(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;

revised 10-14-15.)

Section 295. The Hospital Licensing Act is amended by

changing Sections 6.09, 10.2, and 10.7 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 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, the ID/DD Community Care Act, or

the MC/DD 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, the MC/DD 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. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)

(210 ILCS 85/10.2) (from Ch. 111 1/2, par. 151.2)

Sec. 10.2. Because the candid and conscientious evaluation

of clinical practices is essential to the provision of adequate

hospital care, it is the policy of this State to encourage peer

review by health care providers. Therefore, no hospital and no

individual who is a member, agent, or employee of a hospital,

hospital medical staff, hospital administrative staff, or

hospital governing board shall be liable for civil damages as a

result of the acts, omissions, decisions, or any other conduct,

except those involving wilful or wanton misconduct, of a

medical utilization committee, medical review committee,

patient care audit committee, medical care evaluation

committee, quality review committee, credential committee,

peer review committee, or any other committee or individual

whose purpose, directly or indirectly, is internal quality

control or medical study to reduce morbidity or mortality, or

for improving patient care within a hospital, or the improving

or benefiting of patient care and treatment, whether within a

hospital or not, or for the purpose of professional discipline

including institution of a summary suspension in accordance

with Section 10.4 of this Act and the medical staff bylaws.

Nothing in this Section shall relieve any individual or

hospital from liability arising from treatment of a patient.

Any individual or hospital from liability arising from

treatment of a patient. For the purposes of this Section,

"wilful and wanton misconduct" means a course of action that

shows actual or deliberate intention to harm or that, if not

intentional, shows an utter indifference to or conscious

disregard for a person's own safety and the safety of others.

(Source: P.A. 91-448, eff. 8-6-99; revised 10-9-15.)

(210 ILCS 85/10.7)

Sec. 10.7. Clinical privileges; advanced practice nurses.

All hospitals licensed under this Act shall comply with the

following requirements:

(1) No hospital policy, rule, regulation, or practice

shall be inconsistent with the provision of adequate

collaboration and consultation in accordance with Section

54.5 of the Medical Practice Act of 1987.

(2) Operative surgical procedures shall be performed

only by a physician licensed to practice medicine in all

its branches under the Medical Practice Act of 1987, a

dentist licensed under the Illinois Dental Practice Act, or

a podiatric physician licensed under the Podiatric Medical

Practice Act of 1987, with medical staff membership and

surgical clinical privileges granted at the hospital. A

licensed physician, dentist, or podiatric physician may be

assisted by a physician licensed to practice medicine in

all its branches, dentist, dental assistant, podiatric

physician, licensed advanced practice nurse, licensed

physician assistant, licensed registered nurse, licensed

practical nurse, surgical assistant, surgical technician,

or other individuals granted clinical privileges to assist

in surgery at the hospital. Payment for services rendered

by an assistant in surgery who is not a hospital employee

shall be paid at the appropriate non-physician modifier

rate if the payor would have made payment had the same

services been provided by a physician.

(2.5) A registered nurse licensed under the Nurse

Practice Act and qualified by training and experience in

operating room nursing shall be present in the operating

room and function as the circulating nurse during all

invasive or operative procedures. For purposes of this

paragraph (2.5), "circulating nurse" means a registered

nurse who is responsible for coordinating all nursing care,

patient safety needs, and the needs of the surgical team in

the operating room during an invasive or operative

procedure.

(3) An advanced practice nurse is not required to

possess prescriptive authority or a written collaborative

agreement meeting the requirements of the Nurse Practice

Act to provide advanced practice nursing services in a

hospital. An advanced practice nurse must possess clinical

privileges recommended by the medical staff and granted by

the hospital in order to provide services. Individual

advanced practice nurses may also be granted clinical

privileges to order, select, and administer medications,

including controlled substances, to provide delineated

care. The attending physician must determine the advanced

advance practice nurse's role in providing care for his or

her patients, except as otherwise provided in medical staff

bylaws. The medical staff shall periodically review the

services of advanced practice nurses granted privileges.

This review shall be conducted in accordance with item (2)

of subsection (a) of Section 10.8 of this Act for advanced

practice nurses employed by the hospital.

(4) The anesthesia service shall be under the direction

of a physician licensed to practice medicine in all its

branches who has had specialized preparation or experience

in the area or who has completed a residency in

anesthesiology. An anesthesiologist, Board certified or

Board eligible, is recommended. Anesthesia services may

only be administered pursuant to the order of a physician

licensed to practice medicine in all its branches, licensed

dentist, or licensed podiatric physician.

(A) The individuals who, with clinical privileges

granted at the hospital, may administer anesthesia

services are limited to the following:

(i) an anesthesiologist; or

(ii) a physician licensed to practice medicine

in all its branches; or

(iii) a dentist with authority to administer

anesthesia under Section 8.1 of the Illinois

Dental Practice Act; or

(iv) a licensed certified registered nurse

anesthetist; or

(v) a podiatric physician licensed under the

Podiatric Medical Practice Act of 1987.

(B) For anesthesia services, an anesthesiologist

shall participate through discussion of and agreement

with the anesthesia plan and shall remain physically

present and be available on the premises during the

delivery of anesthesia services for diagnosis,

consultation, and treatment of emergency medical

conditions. In the absence of 24-hour availability of

anesthesiologists with medical staff privileges, an

alternate policy (requiring participation, presence,

and availability of a physician licensed to practice

medicine in all its branches) shall be developed by the

medical staff and licensed hospital in consultation

with the anesthesia service.

(C) A certified registered nurse anesthetist is

not required to possess prescriptive authority or a

written collaborative agreement meeting the

requirements of Section 65-35 of the Nurse Practice Act

to provide anesthesia services ordered by a licensed

physician, dentist, or podiatric physician. Licensed

certified registered nurse anesthetists are authorized

to select, order, and administer drugs and apply the

appropriate medical devices in the provision of

anesthesia services under the anesthesia plan agreed

with by the anesthesiologist or, in the absence of an

available anesthesiologist with clinical privileges,

agreed with by the operating physician, operating

dentist, or operating podiatric physician in

accordance with the hospital's alternative policy.

(Source: P.A. 98-214, eff. 8-9-13; revised 10-21-15.)

Section 300. The Illinois Migrant Labor Camp Law is amended

by changing Sections 4 and 6 as follows:

(210 ILCS 110/4) (from Ch. 111 1/2, par. 185.4)

Sec. 4. Applications for a license to operate or maintain a

Migrant Labor Camp or for a renewal thereof shall be made upon

paper or electronic forms to be furnished by the Department.

Such application shall include:

(a) The name and address of the applicant or

applicants. If the applicant is a partnership, the names

and addresses of all the partners shall also be given. If

the applicant is a corporation, the names and addresses of

the principal officers of the corporation shall be given.

(b) The approximate legal description and the address

of the tract of land upon which the applicant proposes to

operate and maintain such Migrant Labor Camp.

(c) A general plan or sketch of the campsite camp site

showing the location of the buildings or facilities

together with a description of the buildings, of the water

supply, of the toilet, bathing, and laundry facilities, and

of the fire protection equipment.

(d) The date upon which the occupancy and use of the

Migrant Labor Camp will commence.

The application for the original license or for any renewal

thereof shall be accompanied by a fee of $100.

Application for the original license or for a renewal of

the license shall be filed with the Department at least 10

business days prior to the date on which the occupancy and use

of such camp is to commence. The camp shall be ready for

inspection at least 5 business days prior to the date upon

which the occupancy and use of such camp is to commence.

(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;

revised 10-14-15.)

(210 ILCS 110/6) (from Ch. 111 1/2, par. 185.6)

Sec. 6. Upon receipt of an application for a license, the

Department shall inspect, at its earliest opportunity, the

campsite camp site and the facilities described in the

application. If the Department finds that the Migrant Labor

Camp described in the application meets and complies with the

provisions of this Act and the rules of the Department in

relation thereto, the Director shall issue a license to the

applicant for the operation of the camp.

If the application is denied, the Department shall notify

the applicant in writing of such denial setting forth the

reasons therefor. If the conditions constituting the basis for

such denial are remediable, the applicant may correct such

conditions and notify the Department in writing indicating

therein the manner in which such conditions have been remedied.

Notifications of corrections shall be processed in the same

manner as the original application.

(Source: P.A. 97-135, eff. 7-14-11; 98-1034, eff. 8-25-14;

revised 10-14-15.)

Section 305. The Tanning Facility Permit Act is amended by

changing Section 80 as follows:

(210 ILCS 145/80) (from Ch. 111 1/2, par. 8351-80)

Sec. 80. Public nuisance.

(a) Any tanning facility operating without a valid permit

or operating on a revoked permit shall be guilty of committing

a public nuisance.

(b) A person convicted of knowingly maintaining a public

nuisance commits a Class A misdemeanor. Each subsequent offense

under this Section is a Class 4 felony.

(c) The Attorney General of this State or the State's

States Attorney of the county wherein the nuisance exists may

commence an action to abate the nuisance. The court may without

notice or bond enter a temporary restraining order or a

preliminary injunction to enjoin the defendant from operating

in violation of this Act.

(Source: P.A. 87-636; revised 10-9-15.)

Section 310. The Illinois Insurance Code is amended by

changing Sections 131.4, 143a, 147.1, 356g, 356z.2, 460,

512.59, 902, and 1202 as follows:

(215 ILCS 5/131.4) (from Ch. 73, par. 743.4)

Sec. 131.4. Acquisition of control of or merger with

domestic company.

(a) No person other than the issuer may make a tender for

or a request or invitation for tenders of, or enter into an

agreement to exchange securities for, or seek to acquire or

acquire shareholders' proxies to vote or seek to acquire or

acquire in the open market, or otherwise, any voting security

of a domestic company or acquire policyholders' proxies of a

domestic company or any entity that controls a domestic

company, for consideration if, after the consummation thereof,

that person would, directly or indirectly, (or by conversion or

by exercise of any right to acquire) be in control of the

company, and no person may enter into an agreement to merge or

consolidate with or otherwise to acquire control of a domestic

company, unless the offer, request, invitation, or agreement is

conditioned on receiving the approval of the Director based on

Section 131.8 of this Article and no such acquisition of

control or a merger with a domestic company may be consummated

unless the person has filed with the Director and has sent to

the company a statement containing the information required by

Section 131.5 and the Director has approved the transaction or

granted an exemption. Prior to the acquisition, the Director

may conclude that a statement need not be filed by the

acquiring party if the acquiring party demonstrates to the

satisfaction of the Director that:

(1) such transaction will not result in the change of

control of the domestic company; or

(2) (blank);

(3) the acquisition of, or attempt to acquire control

of, such other person is subject to requirements in the

jurisdiction of its domicile which are substantially

similar to those contained in this Section and Sections

131.5 through 131.12; or

(4) the control of the policyholders' proxies is being

acquired solely by virtue of the holders official office

and not as the result of any agreement or for any

consideration.

The purpose of this Section is to afford to the Director

the opportunity to review acquisitions in order to determine

whether or not the acquisition would be adverse to the

interests of the existing and future policyholders of the

company.

(b) For purposes of this Section, any controlling person of

a domestic company seeking to divest its controlling interest

in the domestic company in any manner shall file with the

Director, with a copy to the company, confidential notice of

its proposed divestiture at least 30 days prior to the

cessation of control. The Director shall determine those

instances in which the party or parties seeking to divest or to

acquire a controlling interest in a company shall be required

to file for and obtain approval of the transaction. The

information shall remain confidential until the conclusion of

the transaction unless the Director, in his or her discretion,

determines that confidential treatment shall interfere with

enforcement of this Section. If the statement referred to in

subsection (a) of this Section is otherwise filed in connection

with the proposed divestiture divesture or related

acquisition, this subsection (b) shall not apply.

(c) For purposes of this Section, a domestic company shall

include any person controlling a domestic company unless the

person, as determined by the Director, is either directly or

through its affiliates primarily engaged in business other than

the business of insurance. For the purposes of this Section,

"person" shall not include any securities broker holding, in

the usual and customary broker's function, less than 20% of the

voting securities of an insurance company or of any person that

controls an insurance company.

(Source: P.A. 98-609, eff. 1-1-14; revised 10-14-15.)

(215 ILCS 5/143a) (from Ch. 73, par. 755a)

Sec. 143a. Uninsured and hit and run motor vehicle

coverage.

(1) No policy insuring against loss resulting from

liability imposed by law for bodily injury or death suffered by

any person arising out of the ownership, maintenance or use of

a motor vehicle that is designed for use on public highways and

that is either required to be registered in this State or is

principally garaged in this State shall be renewed, delivered,

or issued for delivery in this State unless coverage is

provided therein or supplemental thereto, in limits for bodily

injury or death set forth in Section 7-203 of the Illinois

Vehicle Code for the protection of persons insured thereunder

who are legally entitled to recover damages from owners or

operators of uninsured motor vehicles and hit-and-run motor

vehicles because of bodily injury, sickness or disease,

including death, resulting therefrom. Uninsured motor vehicle

coverage does not apply to bodily injury, sickness, disease, or

death resulting therefrom, of an insured while occupying a

motor vehicle owned by, or furnished or available for the

regular use of the insured, a resident spouse or resident

relative, if that motor vehicle is not described in the policy

under which a claim is made or is not a newly acquired or

replacement motor vehicle covered under the terms of the

policy. The limits for any coverage for any vehicle under the

policy may not be aggregated with the limits for any similar

coverage, whether provided by the same insurer or another

insurer, applying to other motor vehicles, for purposes of

determining the total limit of insurance coverage available for

bodily injury or death suffered by a person in any one

accident. No policy shall be renewed, delivered, or issued for

delivery in this State unless it is provided therein that any

dispute with respect to the coverage and the amount of damages

shall be submitted for arbitration to the American Arbitration

Association and be subject to its rules for the conduct of

arbitration hearings as to all matters except medical opinions.

As to medical opinions, if the amount of damages being sought

is equal to or less than the amount provided for in Section

7-203 of the Illinois Vehicle Code, then the current American

Arbitration Association Rules shall apply. If the amount being

sought in an American Arbitration Association case exceeds that

amount as set forth in Section 7-203 of the Illinois Vehicle

Code, then the Rules of Evidence that apply in the circuit

court for placing medical opinions into evidence shall govern.

Alternatively, disputes with respect to damages and the

coverage shall be determined in the following manner: Upon the

insured requesting arbitration, each party to the dispute shall

select an arbitrator and the 2 arbitrators so named shall

select a third arbitrator. If such arbitrators are not selected

within 45 days from such request, either party may request that

the arbitration be submitted to the American Arbitration

Association. Any decision made by the arbitrators shall be

binding for the amount of damages not exceeding $75,000 for

bodily injury to or death of any one person, $150,000 for

bodily injury to or death of 2 or more persons in any one motor

vehicle accident, or the corresponding policy limits for bodily

injury or death, whichever is less. All 3-person arbitration

cases proceeding in accordance with any uninsured motorist

coverage conducted in this State in which the claimant is only

seeking monetary damages up to the limits set forth in Section

7-203 of the Illinois Vehicle Code shall be subject to the

following rules:

(A) If at least 60 days' written notice of the

intention to offer the following documents in evidence is

given to every other party, accompanied by a copy of the

document, a party may offer in evidence, without foundation

or other proof:

(1) bills, records, and reports of hospitals,

doctors, dentists, registered nurses, licensed

practical nurses, physical therapists, and other

healthcare providers;

(2) bills for drugs, medical appliances, and

prostheses;

(3) property repair bills or estimates, when

identified and itemized setting forth the charges for

labor and material used or proposed for use in the

repair of the property;

(4) a report of the rate of earnings and time lost

from work or lost compensation prepared by an employer;

(5) the written opinion of an opinion witness, the

deposition of a witness, and the statement of a witness

that the witness would be allowed to express if

testifying in person, if the opinion or statement is

made by affidavit or by certification as provided in

Section 1-109 of the Code of Civil Procedure;

(6) any other document not specifically covered by

any of the foregoing provisions that is otherwise

admissible under the rules of evidence.

Any party receiving a notice under this paragraph (A)

may apply to the arbitrator or panel of arbitrators, as the

case may be, for the issuance of a subpoena directed to the

author or maker or custodian of the document that is the

subject of the notice, requiring the person subpoenaed to

produce copies of any additional documents as may be

related to the subject matter of the document that is the

subject of the notice. Any such subpoena shall be issued in

substantially similar form and served by notice as provided

by Illinois Supreme Court Rule 204(a)(4). Any such subpoena

shall be returnable not less than 5 days before the

arbitration hearing.

(B) Notwithstanding the provisions of Supreme Court

Rule 213(g), a party who proposes to use a written opinion

of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so provided

a written notice of that intention is given to every other

party not less than 60 days prior to the date of hearing,

accompanied by a statement containing the identity of the

witness, his or her qualifications, the subject matter, the

basis of the witness's conclusions, and his or her opinion.

(C) Any other party may subpoena the author or maker of

a document admissible under this subsection, at that

party's expense, and examine the author or maker as if

under cross-examination. The provisions of Section 2-1101

of the Code of Civil Procedure shall be applicable to

arbitration hearings, and it shall be the duty of a party

requesting the subpoena to modify the form to show that the

appearance is set before an arbitration panel and to give

the time and place set for the hearing.

(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration

hearings under this subsection.

(2) No policy insuring against loss resulting from

liability imposed by law for property damage arising out of the

ownership, maintenance, or use of a motor vehicle shall be

renewed, delivered, or issued for delivery in this State with

respect to any private passenger or recreational motor vehicle

that is designed for use on public highways and that is either

required to be registered in this State or is principally

garaged in this State and is not covered by collision insurance

under the provisions of such policy, unless coverage is made

available in the amount of the actual cash value of the motor

vehicle described in the policy or $15,000 whichever is less,

subject to a $250 deductible, for the protection of persons

insured thereunder who are legally entitled to recover damages

from owners or operators of uninsured motor vehicles and

hit-and-run motor vehicles because of property damage to the

motor vehicle described in the policy.

There shall be no liability imposed under the uninsured

motorist property damage coverage required by this subsection

if the owner or operator of the at-fault uninsured motor

vehicle or hit-and-run motor vehicle cannot be identified. This

subsection shall not apply to any policy which does not provide

primary motor vehicle liability insurance for liabilities

arising from the maintenance, operation, or use of a

specifically insured motor vehicle.

Each insurance company providing motor vehicle property

damage liability insurance shall advise applicants of the

availability of uninsured motor vehicle property damage

coverage, the premium therefor, and provide a brief description

of the coverage. That information need be given only once and

shall not be required in any subsequent renewal, reinstatement

or reissuance, substitute, amended, replacement or

supplementary policy. No written rejection shall be required,

and the absence of a premium payment for uninsured motor

vehicle property damage shall constitute conclusive proof that

the applicant or policyholder has elected not to accept

uninsured motorist property damage coverage.

An insurance company issuing uninsured motor vehicle

property damage coverage may provide that:

(i) Property damage losses recoverable thereunder

shall be limited to damages caused by the actual physical

contact of an uninsured motor vehicle with the insured

motor vehicle.

(ii) There shall be no coverage for loss of use of the

insured motor vehicle and no coverage for loss or damage to

personal property located in the insured motor vehicle.

(iii) Any claim submitted shall include the name and

address of the owner of the at-fault uninsured motor

vehicle, or a registration number and description of the

vehicle, or any other available information to establish

that there is no applicable motor vehicle property damage

liability insurance.

Any dispute with respect to the coverage and the amount of

damages shall be submitted for arbitration to the American

Arbitration Association and be subject to its rules for the

conduct of arbitration hearings or for determination in the

following manner: Upon the insured requesting arbitration,

each party to the dispute shall select an arbitrator and the 2

arbitrators so named shall select a third arbitrator. If such

arbitrators are not selected within 45 days from such request,

either party may request that the arbitration be submitted to

the American Arbitration Association. Any arbitration

proceeding under this subsection seeking recovery for property

damages shall be subject to the following rules:

(A) If at least 60 days' written notice of the

intention to offer the following documents in evidence is

given to every other party, accompanied by a copy of the

document, a party may offer in evidence, without foundation

or other proof:

(1) property repair bills or estimates, when

identified and itemized setting forth the charges for

labor and material used or proposed for use in the

repair of the property;

(2) the written opinion of an opinion witness, the

deposition of a witness, and the statement of a witness

that the witness would be allowed to express if

testifying in person, if the opinion or statement is

made by affidavit or by certification as provided in

Section 1-109 of the Code of Civil Procedure;

(3) any other document not specifically covered by

any of the foregoing provisions that is otherwise

admissible under the rules of evidence.

Any party receiving a notice under this paragraph (A)

may apply to the arbitrator or panel of arbitrators, as the

case may be, for the issuance of a subpoena directed to the

author or maker or custodian of the document that is the

subject of the notice, requiring the person subpoenaed to

produce copies of any additional documents as may be

related to the subject matter of the document that is the

subject of the notice. Any such subpoena shall be issued in

substantially similar form and served by notice as provided

by Illinois Supreme Court Rule 204(a)(4). Any such subpoena

shall be returnable not less than 5 days before the

arbitration hearing.

(B) Notwithstanding the provisions of Supreme Court

Rule 213(g), a party who proposes to use a written opinion

of an expert or opinion witness or the testimony of an

expert or opinion witness at the hearing may do so provided

a written notice of that intention is given to every other

party not less than 60 days prior to the date of hearing,

accompanied by a statement containing the identity of the

witness, his or her qualifications, the subject matter, the

basis of the witness's conclusions, and his or her opinion.

(C) Any other party may subpoena the author or maker of

a document admissible under this subsection, at that

party's expense, and examine the author or maker as if

under cross-examination. The provisions of Section 2-1101

of the Code of Civil Procedure shall be applicable to

arbitration hearings, and it shall be the duty of a party

requesting the subpoena to modify the form to show that the

appearance is set before an arbitration panel and to give

the time and place set for the hearing.

(D) The provisions of Section 2-1102 of the Code of

Civil Procedure shall be applicable to arbitration

hearings under this subsection.

(3) For the purpose of the coverage, the term "uninsured

motor vehicle" includes, subject to the terms and conditions of

the coverage, a motor vehicle where on, before or after the

accident date the liability insurer thereof is unable to make

payment with respect to the legal liability of its insured

within the limits specified in the policy because of the entry

by a court of competent jurisdiction of an order of

rehabilitation or liquidation by reason of insolvency on or

after the accident date. An insurer's extension of coverage, as

provided in this subsection, shall be applicable to all

accidents occurring after July 1, 1967 during a policy period

in which its insured's uninsured motor vehicle coverage is in

effect. Nothing in this Section may be construed to prevent any

insurer from extending coverage under terms and conditions more

favorable to its insureds than is required by this Section.

(4) In the event of payment to any person under the

coverage required by this Section and subject to the terms and

conditions of the coverage, the insurer making the payment

shall, to the extent thereof, be entitled to the proceeds of

any settlement or judgment resulting from the exercise of any

rights of recovery of the person against any person or

organization legally responsible for the property damage,

bodily injury or death for which the payment is made, including

the proceeds recoverable from the assets of the insolvent

insurer. With respect to payments made by reason of the

coverage described in subsection (3), the insurer making such

payment shall not be entitled to any right of recovery against

the tortfeasor tort-feasor in excess of the proceeds recovered

from the assets of the insolvent insurer of the tortfeasor

tort-feasor.

(5) This amendatory Act of 1967 (Laws of Illinois 1967,

page 875) shall not be construed to terminate or reduce any

insurance coverage or any right of any party under this Code in

effect before July 1, 1967. Public Act 86-1155 This amendatory

Act of 1990 shall not be construed to terminate or reduce any

insurance coverage or any right of any party under this Code in

effect before its effective date.

(6) Failure of the motorist from whom the claimant is

legally entitled to recover damages to file the appropriate

forms with the Safety Responsibility Section of the Department

of Transportation within 120 days of the accident date shall

create a rebuttable presumption that the motorist was uninsured

at the time of the injurious occurrence.

(7) An insurance carrier may upon good cause require the

insured to commence a legal action against the owner or

operator of an uninsured motor vehicle before good faith

negotiation with the carrier. If the action is commenced at the

request of the insurance carrier, the carrier shall pay to the

insured, before the action is commenced, all court costs, jury

fees and sheriff's fees arising from the action.

The changes made by Public Act 90-451 this amendatory Act

of 1997 apply to all policies of insurance amended, delivered,

issued, or renewed on and after January 1, 1998 (the effective

date of Public Act 90-451) this amendatory Act of 1997.

(8) The changes made by Public Act 98-927 this amendatory

Act of the 98th General Assembly apply to all policies of

insurance amended, delivered, issued, or renewed on and after

January 1, 2015 (the effective date of Public Act 98-927) this

amendatory Act of the 98th General Assembly.

(Source: P.A. 98-242, eff. 1-1-14; 98-927, eff. 1-1-15; revised

10-15-15.)

(215 ILCS 5/147.1) (from Ch. 73, par. 759.1)

Sec. 147.1. Sale of insurance company shares.

(1) No shares of the capital stock of a domestic stock

company shall be sold or offered for sale to the public in this

State by an issuer, underwriter, dealer or controlling person

in respect of such shares without first procuring from the

Director a permit so to do.

(2) Unless the context otherwise indicates the following

terms as used in this Section shall have the following

meanings:

(a) The word "issuer" shall mean every company which

shall have issued or proposes to issue any such shares of

capital stock. ,

(b) The word "underwriter" shall mean any person who

has purchased such shares of capital stock from an issuer

or controlling person with a view to, or sells such shares

of capital stock for an issuer or a controlling person in

connection with, the distribution thereof, or participates

or has a participation in the direct or indirect

underwriting of such distribution; but such term shall not

include a person whose interest is limited to a commission

or discount from an underwriter or dealer not in excess of

the usual and customary distributor's distributer's or

seller's commission or discount or not in excess of any

applicable statutory maximum commission or discount. An

underwriter shall be deemed to be no longer an underwriter

of an issue of shares of capital stock after he has

completely disposed of his allotment of such shares or, if

he did not purchase the shares, after he has ceased to sell

such shares for the issuer or controlling person.

(c) The word "dealer" shall mean any person other than

an issuer, a controlling person, a bank organized under the

banking laws of this State or of the United States, a trust

company organized under the laws of this State, an

insurance company or a salesman, who engages in this State,

either for all or part of his time, directly or indirectly,

as agent, broker or principal, in the business of offering,

selling, buying and selling, or otherwise dealing or

trading in shares of capital stock of insurance companies.

(d) The words "controlling person" shall mean any

person selling such shares of capital stock, or group of

persons acting in concert in the sale of such shares,

owning beneficially (and in the absence of knowledge, or

reasonable grounds of belief, to the contrary, record

ownership shall for the purposes hereof be presumed to be

beneficial ownership) either:

(i) 25% or Or more of the outstanding voting shares

of the issuer of such shares where no other person owns

or controls a greater percentage of such shares, or

(ii) such Such number of outstanding number of

shares of the issuer as would enable such person, or

group of persons, to elect a majority of the Board of

Directors of such issuer.

(e) The word "salesman" shall mean an individual, other

than an issuer, an underwriter, a dealer or a controlling

person, employed or appointed or authorized by an issuer,

an underwriter, a dealer or a controlling person to sell

such shares in this State. The partners or officers of an

issuer, an underwriter, a dealer or a controlling person

shall not be deemed to be a salesman within the meaning of

this definition.

(3) The provisions of this Section shall not apply to any

of the following transactions:

(a) The sale in good faith, whether through a dealer or

otherwise, of such shares by a vendor who is not an issuer,

underwriter, dealer or controlling person in respect of

such shares, and who, being the bona fide owner of such

shares deposes thereof for his own account; provided, that

such sale is not made directly or indirectly for the

benefit of the issuer or of an underwriter or controlling

person.

(b) The sale, issuance or exchange by an issuer of its

shares to or with its own shareholders, if no commission or

other remuneration is paid or given directly or indirectly

for or on account of the procuring or soliciting of such

sale or exchange (other than a fee paid to underwriters

based on their undertaking to purchase any shares not

purchased by shareholders in connection with such sale or

exchange), or the issuance by an issuer of its shares to a

holder of convertible securities pursuant to a conversion

provision granted at the time of issuance of such

convertible securities, provided that no commission or

other remuneration is paid or given directly or indirectly

thereon on account of the procuring or soliciting of such

conversion and no consideration from the holder in addition

to the surrender or cancellation of the convertible

security is required to effect the conversion.

(c) The sale of such shares to any corporation, bank,

savings institution, trust company, insurance company,

building and loan association, dealer, pension fund or

pension trust, employees profit sharing trust or to any

association engaged as a substantial part of its business

or operations in purchasing or holding securities, or to

any trust in respect of which a bank or trust company is

trustee or co-trustee.

(d) The sale of such shares by an executor,

administrator, guardian, receiver or trustee in insolvency

or bankruptcy or at any judicial sale or at a public sale

by auction held at an advertised time and place or the sale

of such shares in good faith and not for the purpose of

avoiding the provisions of this Section by a pledgee of

such shares pledged for a bona fide debt.

(e) Such other transaction as may be declared by ruling

of the Director to be exempt from the provisions of this

Section.

(4) Prior to the issuance of any permit under this Section,

there shall be delivered to the Director two copies of the

following:

(a) the prospectus which is to be used in connection

with the sale of such shares;

(b) the underwriting and selling agreements, if any;

(c) the subscription agreement;

(d) the depository agreement under which the

subscription proceeds are to be held;

(e) any and all other documents, agreements, contracts

and other papers of whatever nature which are to be used in

connection with or relative to the sale of such shares,

which may be required by the Director.

(5) The Director shall within a reasonable time examine the

documents submitted to him and unless he finds from said

documents that the sale of said shares is inequitable or would

work or tend to work a fraud or deceit upon the purchasers

thereof, he shall issue a permit authorizing the sale of said

shares.

(6) The Director shall have the power to prescribe such

rules and regulations relating to the sale, issuance, and

offering of said shares as will effectuate the purpose of this

section to the end that no inequity, fraud or deceit will be

perpetrated upon the purchasers thereof.

(7) If the Director finds that any of the provisions of

this Section or of the rules and regulations adopted pursuant

hereto have been violated or that the sale, issuance or

offering of any such shares is inequitable or works or tends to

work a fraud or deceit upon the purchasers thereof he may

refuse to issue a permit to sell, issue or offer such shares or

may, after notice and hearing, revoke such permit. The action

of the Director in refusing, after due application therefor in

form prescribed by the Director, or revoking, any such permit

shall be subject to judicial review in the manner prescribed by

the insurance laws of this State.

(8) Any person who violates any of the provisions of this

Section shall be guilty of a business offense and, upon

conviction thereof shall be fined not less than $1,000 nor more

than the greater of either $5,000 or twice the whole amount,

received upon the sale of shares in violation of this Section

and may in addition, if a natural person, be convicted of a

Class A misdemeanor.

(Source: P.A. 84-502; revised 10-21-15.)

(215 ILCS 5/356g) (from Ch. 73, par. 968g)

(Text of Section before amendment by P.A. 99-407)

Sec. 356g. Mammograms; mastectomies.

(a) Every insurer shall provide in each group or individual

policy, contract, or certificate of insurance issued or renewed

for persons who are residents of this State, coverage for

screening by low-dose mammography for all women 35 years of age

or older for the presence of occult breast cancer within the

provisions of the policy, contract, or certificate. The

coverage shall be as follows:

(1) A baseline mammogram for women 35 to 39 years of

age.

(2) An annual mammogram for women 40 years of age or

older.

(3) A mammogram at the age and intervals considered

medically necessary by the woman's health care provider for

women under 40 years of age and having a family history of

breast cancer, prior personal history of breast cancer,

positive genetic testing, or other risk factors.

(4) A comprehensive ultrasound screening of an entire

breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue, when medically

necessary as determined by a physician licensed to practice

medicine in all of its branches.

(5) A screening MRI when medically necessary, as

determined by a physician licensed to practice medicine in

all of its branches.

For purposes of this Section, "low-dose mammography" means

the x-ray examination of the breast using equipment dedicated

specifically for mammography, including the x-ray tube,

filter, compression device, and image receptor, with radiation

exposure delivery of less than 1 rad per breast for 2 views of

an average size breast. The term also includes digital

mammography.

(a-5) Coverage as described by subsection (a) shall be

provided at no cost to the insured and shall not be applied to

an annual or lifetime maximum benefit.

(a-10) When health care services are available through

contracted providers and a person does not comply with plan

provisions specific to the use of contracted providers, the

requirements of subsection (a-5) are not applicable. When a

person does not comply with plan provisions specific to the use

of contracted providers, plan provisions specific to the use of

non-contracted providers must be applied without distinction

for coverage required by this Section and shall be at least as

favorable as for other radiological examinations covered by the

policy or contract.

(b) No policy of accident or health insurance that provides

for the surgical procedure known as a mastectomy shall be

issued, amended, delivered, or renewed in this State unless

that coverage also provides for prosthetic devices or

reconstructive surgery incident to the mastectomy. Coverage

for breast reconstruction in connection with a mastectomy shall

include:

(1) reconstruction of the breast upon which the

mastectomy has been performed;

(2) surgery and reconstruction of the other breast to

produce a symmetrical appearance; and

(3) prostheses and treatment for physical

complications at all stages of mastectomy, including

lymphedemas.

Care shall be determined in consultation with the attending

physician and the patient. The offered coverage for prosthetic

devices and reconstructive surgery shall be subject to the

deductible and coinsurance conditions applied to the

mastectomy, and all other terms and conditions applicable to

other benefits. When a mastectomy is performed and there is no

evidence of malignancy then the offered coverage may be limited

to the provision of prosthetic devices and reconstructive

surgery to within 2 years after the date of the mastectomy. As

used in this Section, "mastectomy" means the removal of all or

part of the breast for medically necessary reasons, as

determined by a licensed physician.

Written notice of the availability of coverage under this

Section shall be delivered to the insured upon enrollment and

annually thereafter. An insurer may not deny to an insured

eligibility, or continued eligibility, to enroll or to renew

coverage under the terms of the plan solely for the purpose of

avoiding the requirements of this Section. An insurer may not

penalize or reduce or limit the reimbursement of an attending

provider or provide incentives (monetary or otherwise) to an

attending provider to induce the provider to provide care to an

insured in a manner inconsistent with this Section.

(c) Rulemaking authority to implement Public Act 95-1045

this amendatory Act of the 95th General Assembly, if any, is

conditioned on the rules being adopted in accordance with all

provisions of the Illinois Administrative Procedure Act and all

rules and procedures of the Joint Committee on Administrative

Rules; any purported rule not so adopted, for whatever reason,

is unauthorized.

(Source: P.A. 99-433, eff. 8-21-15; revised 10-20-15.)

(Text of Section after amendment by P.A. 99-407)

Sec. 356g. Mammograms; mastectomies.

(a) Every insurer shall provide in each group or individual

policy, contract, or certificate of insurance issued or renewed

for persons who are residents of this State, coverage for

screening by low-dose mammography for all women 35 years of age

or older for the presence of occult breast cancer within the

provisions of the policy, contract, or certificate. The

coverage shall be as follows:

(1) A baseline mammogram for women 35 to 39 years of

age.

(2) An annual mammogram for women 40 years of age or

older.

(3) A mammogram at the age and intervals considered

medically necessary by the woman's health care provider for

women under 40 years of age and having a family history of

breast cancer, prior personal history of breast cancer,

positive genetic testing, or other risk factors.

(4) A comprehensive ultrasound screening of an entire

breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue, when medically

necessary as determined by a physician licensed to practice

medicine in all of its branches.

(5) A screening MRI when medically necessary, as

determined by a physician licensed to practice medicine in

all of its branches.

For purposes of this Section, "low-dose mammography" means

the x-ray examination of the breast using equipment dedicated

specifically for mammography, including the x-ray tube,

filter, compression device, and image receptor, with radiation

exposure delivery of less than 1 rad per breast for 2 views of

an average size breast. The term also includes digital

mammography and includes breast tomosynthesis. As used in this

Section, the term "breast tomosynthesis" means a radiologic

procedure that involves the acquisition of projection images

over the stationary breast to produce cross-sectional digital

three-dimensional images of the breast.

(a-5) Coverage as described by subsection (a) shall be

provided at no cost to the insured and shall not be applied to

an annual or lifetime maximum benefit.

(a-10) When health care services are available through

contracted providers and a person does not comply with plan

provisions specific to the use of contracted providers, the

requirements of subsection (a-5) are not applicable. When a

person does not comply with plan provisions specific to the use

of contracted providers, plan provisions specific to the use of

non-contracted providers must be applied without distinction

for coverage required by this Section and shall be at least as

favorable as for other radiological examinations covered by the

policy or contract.

(b) No policy of accident or health insurance that provides

for the surgical procedure known as a mastectomy shall be

issued, amended, delivered, or renewed in this State unless

that coverage also provides for prosthetic devices or

reconstructive surgery incident to the mastectomy. Coverage

for breast reconstruction in connection with a mastectomy shall

include:

(1) reconstruction of the breast upon which the

mastectomy has been performed;

(2) surgery and reconstruction of the other breast to

produce a symmetrical appearance; and

(3) prostheses and treatment for physical

complications at all stages of mastectomy, including

lymphedemas.

Care shall be determined in consultation with the attending

physician and the patient. The offered coverage for prosthetic

devices and reconstructive surgery shall be subject to the

deductible and coinsurance conditions applied to the

mastectomy, and all other terms and conditions applicable to

other benefits. When a mastectomy is performed and there is no

evidence of malignancy then the offered coverage may be limited

to the provision of prosthetic devices and reconstructive

surgery to within 2 years after the date of the mastectomy. As

used in this Section, "mastectomy" means the removal of all or

part of the breast for medically necessary reasons, as

determined by a licensed physician.

Written notice of the availability of coverage under this

Section shall be delivered to the insured upon enrollment and

annually thereafter. An insurer may not deny to an insured

eligibility, or continued eligibility, to enroll or to renew

coverage under the terms of the plan solely for the purpose of

avoiding the requirements of this Section. An insurer may not

penalize or reduce or limit the reimbursement of an attending

provider or provide incentives (monetary or otherwise) to an

attending provider to induce the provider to provide care to an

insured in a manner inconsistent with this Section.

(c) Rulemaking authority to implement Public Act 95-1045

this amendatory Act of the 95th General Assembly, if any, is

conditioned on the rules being adopted in accordance with all

provisions of the Illinois Administrative Procedure Act and all

rules and procedures of the Joint Committee on Administrative

Rules; any purported rule not so adopted, for whatever reason,

is unauthorized.

(Source: P.A. 99-407 (see Section 99 of P.A. 99-407 for its

effective date); 99-433, eff. 8-21-15; revised 10-20-15.)

(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 January

1, 2003 (the effective date of Public Act 92-764) 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.

(a-5) An individual or group policy of accident and health

insurance amended, delivered, issued, or renewed after January

1, 2016 (the effective date of Public Act 99-141) this

amendatory Act of the 99th General Assembly shall cover charges

incurred, and anesthetics provided by a dentist with a permit

provided under Section 8.1 of the Illinois Dental Practice Act,

in conjunction with dental care that is provided to a covered

individual in a dental office, oral surgeon's office, hospital,

or ambulatory surgical treatment center if the individual is

under age 19 and has been diagnosed with an autism spectrum

disorder as defined in Section 10 of the Autism Spectrum

Disorders Reporting Act or a developmental disability. A

covered individual shall be required to make 2 visits to the

dental care provider prior to accessing other coverage under

this subsection.

For purposes of this subsection, "developmental

disability" means a disability that is attributable to an

intellectual disability or a related condition, if the related

condition meets all of the following conditions:

(1) it is attributable to cerebral palsy, epilepsy, or

any other condition, other than mental illness, found to be

closely related to an intellectual disability because that

condition results in impairment of general intellectual

functioning or adaptive behavior similar to that of

individuals with an intellectual disability and requires

treatment or services similar to those required for those

individuals; for purposes of this definition, autism is

considered a related condition;

(2) it is manifested before the individual reaches age

22;

(3) it is likely to continue indefinitely; and

(4) it results in substantial functional limitations

in 3 or more of the following areas of major life activity:

self-care, language, learning, mobility, self-direction,

and capacity for independent living.

(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"

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. 99-141, eff. 1-1-16; 99-143, eff. 7-27-15;

revised 10-15-15.)

(215 ILCS 5/460) (from Ch. 73, par. 1065.7)

Sec. 460. Competitive market; approval of rates Market,

Approval of Rates.

(a) Beginning January 1, 1983, a competitive market is

presumed to exist unless the Director, after a hearing,

determines that a reasonable degree of competition does not

exist in the market and the Director issues a ruling to that

effect. For purposes of this Article only, market shall mean

the statewide workers' compensation and employers' liability

lines of business. In determining whether a reasonable degree

of competition exists, the Director shall consider relevant

tests of workable competition pertaining to market structure,

market performance and market conduct. Such tests may include,

but need not be limited to, the following: size and number of

firms actively engaged in the market, market shares and changes

in market shares of firms, ease of entry and exit from a given

market, underwriting restriction, and whether profitability

for companies generally in the market is unreasonably high. The

determination of competition involves the interaction of the

various tests and the weight given to specific tests depends

upon the particular situation and pattern of test results.

In determining whether or not a competitive market exists,

the Director shall monitor the degree of competition in this

State. In doing so, he shall utilize existing relevant

information, analytical systems and other sources; cause or

participate in the development of new relevant information,

analytical systems and other sources; or rely on some

combination thereof. Such activities may be conducted

internally within the Department of Insurance, in cooperation

with other state insurance departments, through outside

contractors, or in any other appropriate manner.

(b) If the Director finds that a reasonable degree of

competition does not exist in a market, he may require that the

insurers in that market file supporting information in support

of existing rates. If the Director believes that such rates may

violate any of the requirements of this Article, he shall call

a hearing prior to any disapproval. If the Director determines

that a competitive market does not exist in the workers'

compensation market as provided in a ruling pursuant to this

Section, then every company must prefile every manual of

classifications, rules, rates, rating plans, rating schedules,

and every modification of the foregoing covered by such rule.

Such filing shall be made at least 30 days prior to its taking

effect, and such prefiling requirement shall remain in effect

as long as there is a ruling in effect pursuant to this Section

that a reasonable degree of competition does not exist.

(c) The Director shall disapprove a rate if he finds that

the rate is excessive, inadequate or unfairly discriminatory as

defined in Section 456. An insurer whose rates have been

disapproved shall be given a hearing upon a written request

made within 30 days after the disapproval order.

If the Director disapproves a rate, he shall issue an order

specifying in what respects it fails to meet the requirements

of this Article and stating when within a reasonable period

thereafter such rate shall be discontinued for any policy

issued or renewed after a date specified in the order. The

order shall be issued within 30 days after the close of the

hearing or within such reasonable time extension as the

Director may fix. Such order may include a provision for

premium adjustment for the period after the effective date of

the order for policies in effect on such date.

(d) Whenever an insurer has no legally effective rates as a

result of the Director's disapproval of rates or other act, the

Director shall on request of the insurer specify interim rates

for the insurer that are high enough to protect the interest of

all parties and may order that a specified portion of the

premiums be placed in an escrow account approved by him. When

new rates become legally effective, the Director shall order

the escrowed funds or any overcharge in the interim rates to be

distributed appropriately, except that refunds to

policyholders that are de minimis minimus shall not be

required.

(Source: P.A. 82-939; revised 10-21-15.)

(215 ILCS 5/512.59) (from Ch. 73, par. 1065.59-59)

(Section scheduled to be repealed on January 1, 2017)

Sec. 512.59. Performance standards applicable to all

Public Insurance Adjusters.

(a) A Public Insurance Adjuster shall not represent that he

is a representative of an insurance company, a fire department,

or the State of Illinois, or that he is a fire investigator, or

that his services are required for the insured to submit a

claim to the insured's insurance company, or that he may

provide legal advice or representation to the insured. A Public

Insurance Adjuster may represent that he has been licensed by

the State of Illinois.

(b) A Public Insurance Adjuster shall not agree to any loss

settlement without the insured's knowledge and consent and

shall provide the insured with a document setting forth the

scope, amount, and value of the damages prior to requesting the

insured for authority to settling any loss.

(c) If the Public Insurance Adjuster refers the insured to

a contractor, the Public Insurance Adjuster warrants that all

work will be performed in a workmanlike manner and conform to

all statutes, ordinances and codes. Should the work not be

completed in a workmanlike manner, the Public Insurance

Adjuster shall be responsible for any and all costs and expense

required to complete or repair the work in a workmanlike

manner.

(d) In all cases where the loss giving rise to the claim

for which the Public Insurance Adjuster was retained arise from

damage to a personal residence, the insurance proceeds shall be

delivered in person to the named insured or his or her

designee. Where proceeds paid by an insurance company are paid

jointly to the insured and the Public Insurance Adjuster, the

insured shall release such portion of the proceeds which are

due the Public Insurance Adjuster within 30 calendar days after

the insured's receipt of the insurance company's check, money

order, draft, or release of funds. If the proceeds are not so

released to the insured within 30 calendar days, the insured

shall provide the Public Insurance Adjuster with a written

explanation of the reason for the delay.

(e) A Public Insurance Adjuster may not propose or attempt

to propose to any person that the Public Insurance Adjuster

represent that person while a loss-producing occurrence is

continuing nor while the fire department or its representatives

are engaged at the damaged premises nor between the hours of

7:00 p.m. and 8:00 a.m..

(f) A Public Insurance Adjuster shall not advance money or

any valuable consideration to an insured pending adjustment of

a claim.

(g) A Public Insurance Adjuster shall not provide legal

advice or representation to the insured, or engage in the

unauthorized practice of law.

(Source: P.A. 95-213, eff. 1-1-08; revised 10-21-15.)

(215 ILCS 5/902) (from Ch. 73, par. 1065.602)

Sec. 902. "Entire contract Contract" specified.) Each

group legal expense insurance policy shall provide that the

policy, the application of the employer, or executive officer

or trustee of any association, and the individual applications,

if any, of the employees, members or employees of members

insured shall constitute the entire contract between the

parties, and that all statements made by the employer, or the

executive officer or trustee, or by the individual employees,

members or employees of members shall, in the absence of fraud,

be deemed representations and not warranties warrantees, and

that no such statement shall be used in defense to a claim

under the policy, unless it is contained in a written

application.

(Source: P.A. 81-1361; revised 10-21-15.)

(215 ILCS 5/1202) (from Ch. 73, par. 1065.902)

Sec. 1202. Duties. The Director shall:

(a) determine the relationship of insurance premiums

and related income as compared to insurance costs and

expenses and provide such information to the General

Assembly and the general public;

(b) study the insurance system in the State of

Illinois, and recommend to the General Assembly what it

deems to be the most appropriate and comprehensive cost

containment system for the State;

(c) respond to the requests by agencies of government

and the General Assembly for special studies and analysis

of data collected pursuant to this Article. Such reports

shall be made available in a form prescribed by the

Director. The Director may also determine a fee to be

charged to the requesting agency to cover the direct and

indirect costs for producing such a report, and shall

permit affected insurers the right to review the accuracy

of the report before it is released. The fees shall be

deposited into the Statistical Services Revolving Fund and

credited to the account of the Department of Insurance;

(d) make an interim report to the General Assembly no

later than August 15, 1987, and an a annual report to the

General Assembly no later than July 1 every year thereafter

which shall include the Director's findings and

recommendations regarding its duties as provided under

subsections (a), (b), and (c) of this Section.

(Source: P.A. 98-226, eff. 1-1-14; revised 10-21-15.)

Section 315. 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, 2017)

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 competitively neutral

rate recovery mechanism that establishes 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. Beginning no later than April 1, 2016, and

on a yearly basis thereafter, the Commission shall initiate a

proceeding to establish the competitively neutral amount to be

charged or assessed to subscribers of telecommunications

carriers and wireless carriers, Interconnected VoIP service

providers, and consumers of prepaid wireless

telecommunications service in a manner consistent with this

subsection (c) and subsection (f) of this Section. The

Commission shall issue its order establishing the

competitively neutral amount to be charged or assessed to

subscribers of telecommunications carriers and wireless

carriers, Interconnected VoIP service providers, and

purchasers of prepaid wireless telecommunications service on

or prior to June 1 of each year, and such amount shall take

effect June 1 of each year.

Telecommunications carriers, wireless carriers,

Interconnected VoIP service providers, and sellers of prepaid

wireless telecommunications service shall have 60 days from the

date the Commission files its order to implement the new rate

established by the order.

(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 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:

"Prepaid wireless telecommunications service" has the

meaning given to that term under Section 10 of the Prepaid

Wireless 9-1-1 Surcharge Act.

"Retail transaction" has the meaning given to that term

under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"Seller" has the meaning given to that term under Section

10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"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.

"Wireless carrier" has the meaning given to that term under

Section 10 of the Wireless Emergency Telephone Safety Act.

(f) Interconnected VoIP service providers, sellers of

prepaid wireless telecommunications service, and wireless

carriers 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. However, the

assessment imposed on consumers of prepaid wireless

telecommunications service shall be collected by the seller

from the consumer and imposed per retail transaction as a

percentage of that retail transaction on all retail

transactions occurring in this State. The assessment on

subscribers of wireless carriers and consumers of prepaid

wireless telecommunications service shall not be imposed or

collected prior to June 1, 2016.

Sellers of prepaid wireless telecommunications service

shall remit the assessments to the Department of Revenue on the

same form and in the same manner which they remit the fee

collected under the Prepaid Wireless 9-1-1 Surcharge Act. For

the purposes of display on the consumers' receipts, the rates

of the fee collected under the Prepaid Wireless 9-1-1 Surcharge

Act and the assessment under this Section may be combined. In

administration and enforcement of this Section, the provisions

of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge

Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of

Section 15 and subsections (c) and (e) of Section 20 of the

Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015

(the effective date of Public Act 99-6) this amendatory Act of

the 99th General Assembly, the seller shall be permitted to

deduct and retain 3% of the assessments that are collected by

the seller from consumers and that are remitted and timely

filed with the Department) that are not inconsistent with this

Section, shall apply, as far as practicable, to the subject

matter of this Section to the same extent as if those

provisions were included in this Section. The Department shall

deposit all assessments and penalties collected under this

Section into the Illinois Telecommunications Access

Corporation Fund, a special fund created in the State treasury.

On or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

amount available to the Commission for distribution out of the

Illinois Telecommunications Access Corporation Fund. The

amount certified shall be the amount (not including credit

memoranda) collected during the second preceding calendar

month by the Department, plus an amount the Department

determines is necessary to offset any amounts which were

erroneously paid to a different taxing body or fund. The amount

paid to the Illinois Telecommunications Access Corporation

Fund shall not include any amount equal to the amount of

refunds made during the second preceding calendar month by the

Department to retailers under this Section or any amount that

the Department determines is necessary to offset any amounts

which were payable to a different taxing body or fund but were

erroneously paid to the Illinois Telecommunications Access

Corporation Fund. The Commission shall distribute all the funds

to the Illinois Telecommunications Access Corporation and the

funds may only be used in accordance with the provisions of

this Section. The Department shall deduct 2% of all amounts

deposited in the Illinois Telecommunications Access

Corporation Fund during every year of remitted assessments. Of

the 2% deducted by the Department, one-half shall be

transferred into the Tax Compliance and Administration Fund to

reimburse the Department for its direct costs of administering

the collection and remittance of the assessment. The remaining

one-half shall be transferred into the Public Utilities Fund to

reimburse the Commission for its costs of distributing to the

Illinois Telecommunications Access Corporation the amount

certified by the Department for distribution. The amount to be

charged or assessed under subsections (c) and (f) is not

imposed on a provider or the consumer for wireless Lifeline

service where the consumer does not pay the provider for the

service. Where the consumer purchases from the provider

optional minutes, texts, or other services in addition to the

federally funded Lifeline benefit, a consumer must pay the

charge or assessment, and it must be collected by the seller

according to subsection (f).

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.

(h) The Commission may adopt rules necessary to implement

this Section.

(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised

10-21-15.)

(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 December 30, 2011 (the

effective date of Public Act 97-646) 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 December 30, 2011 (the effective date of

Public Act 97-646) 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

October 26, 2011 (the effective date of Public Act 97-616)

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

October 26, 2011 (the effective date of Public Act 97-616)

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

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 December 30, 2011 (the effective date of Public Act 97-646)

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 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 December

30, 2011 (the effective date of Public Act 97-646) 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 October 26, 2011 (the effective date of

Public Act 97-616) 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 December 30, 2011

(the effective date of Public Act 97-646) 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 December 30, 2011 (the

effective date of Public Act 97-646) 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 October 26,

2011 (the effective date of Public Act 97-616) 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 October 26, 2011 (the effective date of

Public Act 97-616) 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

October 26, 2011 (the effective date of Public Act 97-616) 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, 2019 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, 2019, 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). Public Act 97-616 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 Public Act 98-15 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, Public Act 98-15 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 May 22, 2013

(the effective date of Public Act 98-15) 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 Public Act 98-15 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

Public Act 98-15 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 Public Act

98-15 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 Section of Public Act 98-15 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

May 22, 2013 (the effective date of Public Act 98-15) 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 May 22, 2013 (the effective date of

Public Act 98-15) 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 May

22, 2013 (the effective date of Public Act 98-15) 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 May 22, 2013 (the effective date of Public Act

98-15) 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 Public Act 98-15 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 Public Act 98-15 this amendatory Act

of the 98th General Assembly are severable under Section 1.31

of the Statute on Statutes.

(Source: P.A. 98-15, eff. 5-22-13; 98-1175, eff. 6-1-15;

99-143, eff. 7-27-15; revised 10-21-15.)

Section 320. The Illinois Athletic Trainers Practice Act is

amended by changing Section 18 as follows:

(225 ILCS 5/18) (from Ch. 111, par. 7618)

(Section scheduled to be repealed on January 1, 2026)

Sec. 18. Investigations; notice and hearing. The

Department may investigate the actions of any applicant or of

any person or persons holding or claiming to hold a license.

The Department shall, before refusing to issue or to renew a

license or disciplining a registrant, at least 30 days prior to

the date set for the hearing, notify in writing the applicant

or licensee of the nature of the charges and the time and place

that a hearing will be held on the charges. The Department

shall direct the applicant or licensee to file a written answer

under oath within 20 days after the service of the notice. In

case the person fails to file an answer after receiving notice,

his or her license or certificate may, in the discretion of the

Department, be suspended, revoked, or placed on probationary

status, or the Department may take whatever disciplinary action

deemed proper, including limiting the scope, nature, or extent

of the person's practice or the imposition of a fine, without a

hearing, if the act or acts charged constitute sufficient

grounds for such action under this Act. At the time and place

fixed in the notice, the Department shall proceed to hear the

charges, and the parties or their counsel shall be accorded

ample opportunity to present such statements, testimony,

evidence, and argument as may be pertinent to the charges or to

their defense. The Department may continue a hearing from time

to time. The written notice and any notice in the subsequent

proceeding may be served by registered or certified mail to the

licensee's address of record.

(Source: P.A. 99-469, eff. 8-26-15; revised 10-9-15.)

Section 325. The Child Care Act of 1969 is amended by

changing Section 2.06 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, and those operating a full calendar year, but

does not include:

(a) any Any State-operated institution for child care

established by legislative action;

(b) any 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 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, the ID/DD Community Care Act, or the MC/DD Act;

(d) any 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 Any facility licensed as a "group home" as

defined in this Act.

(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; revised 10-9-15.)

Section 330. The Environmental Health Practitioner

Licensing Act is amended by changing Section 130 as follows:

(225 ILCS 37/130)

(Section scheduled to be repealed on January 1, 2019)

Sec. 130. Illinois Administrative Procedure Act. The

Illinois Administrative Procedure Act is expressly adopted and

incorporated in this Act as if all of the provisions of that

Act were included in this Act, except that the provision of

paragraph (c) of Section 10-65 16 of the Illinois

Administrative Procedure Act, which provides that at hearings

the certificate holder has the right to show compliance with

all lawful requirements for retention, or continuation, or

renewal of the certificate, is specifically excluded. For the

purpose of this Act, the notice required under Section 10-25 10

of the Illinois Administrative Procedure Act is deemed

sufficient when mailed to the last known address of a party.

(Source: P.A. 89-61, eff. 6-30-95; revised 10-9-15.)

Section 335. The Patients' Right to Know Act is amended by

changing Section 5 as follows:

(225 ILCS 61/5)

Sec. 5. Definitions. For purposes of this Act, the

following definitions shall have the following meanings,

except where the context requires otherwise:

"Department" means the Department of Financial and

Professional Regulation.

"Disciplinary Board" means the Medical Disciplinary Board.

"Physician" means a person licensed under the Medical

Practice Act of 1987 to practice medicine in all of its

branches or a chiropractic physician licensed to treat human

ailments without the use of drugs and without operative

surgery.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation.

(Source: P.A. 97-280, eff. 8-9-11; revised 10-21-15.)

Section 340. The Nurse Practice Act is amended by changing

Section 50-10 as follows:

(225 ILCS 65/50-10) (was 225 ILCS 65/5-10)

(Section scheduled to be repealed on January 1, 2018)

Sec. 50-10. Definitions. Each of the following terms, when

used in this Act, shall have the meaning ascribed to it in this

Section, except where the context clearly indicates otherwise:

"Academic year" means the customary annual schedule of

courses at a college, university, or approved school,

customarily regarded as the school year as distinguished from

the calendar year.

"Advanced practice nurse" or "APN" means a person who has

met the qualifications for a (i) certified nurse midwife (CNM);

(ii) certified nurse practitioner (CNP); (iii) certified

registered nurse anesthetist (CRNA); or (iv) clinical nurse

specialist (CNS) and has been licensed by the Department. All

advanced practice nurses licensed and practicing in the State

of Illinois shall use the title APN and may use specialty

credentials CNM, CNP, CRNA, or CNS after their name. All

advanced practice nurses may only practice in accordance with

national certification and this Act.

"Approved program of professional nursing education" and

"approved program of practical nursing education" are programs

of professional or practical nursing, respectively, approved

by the Department under the provisions of this Act.

"Board" means the Board of Nursing appointed by the

Secretary.

"Collaboration" means a process involving 2 or more health

care professionals working together, each contributing one's

respective area of expertise to provide more comprehensive

patient care.

"Consultation" means the process whereby an advanced

practice nurse seeks the advice or opinion of another health

care professional.

"Credentialed" means the process of assessing and

validating the qualifications of a health care professional.

"Current nursing practice update course" means a planned

nursing education curriculum approved by the Department

consisting of activities that have educational objectives,

instructional methods, content or subject matter, clinical

practice, and evaluation methods, related to basic review and

updating content and specifically planned for those nurses

previously licensed in the United States or its territories and

preparing for reentry into nursing practice.

"Dentist" means a person licensed to practice dentistry

under the Illinois Dental Practice Act.

"Department" means the Department of Financial and

Professional Regulation.

"Hospital affiliate" means a corporation, partnership,

joint venture, limited liability company, or similar

organization, other than a hospital, that is devoted primarily

to the provision, management, or support of health care

services and that directly or indirectly controls, is

controlled by, or is under common control of the hospital. For

the purposes of this definition, "control" means having at

least an equal or a majority ownership or membership interest.

A hospital affiliate shall be 100% owned or controlled by any

combination of hospitals, their parent corporations, or

physicians licensed to practice medicine in all its branches in

Illinois. "Hospital affiliate" does not include a health

maintenance organization regulated under the Health

Maintenance Organization Act.

"Impaired nurse" means a nurse licensed under this Act who

is unable to practice with reasonable skill and safety because

of a physical or mental disability as evidenced by a written

determination or written consent based on clinical evidence,

including loss of motor skills, abuse of drugs or alcohol, or a

psychiatric disorder, of sufficient degree to diminish his or

her ability to deliver competent patient care.

"License-pending advanced practice nurse" means a

registered professional nurse who has completed all

requirements for licensure as an advanced practice nurse except

the certification examination and has applied to take the next

available certification exam and received a temporary license

from the Department.

"License-pending registered nurse" means a person who has

passed the Department-approved registered nurse licensure exam

and has applied for a license from the Department. A

license-pending registered nurse shall use the title "RN lic

pend" on all documentation related to nursing practice.

"Physician" means a person licensed to practice medicine in

all its branches under the Medical Practice Act of 1987.

"Podiatric physician" means a person licensed to practice

podiatry under the Podiatric Medical Practice Act of 1987.

"Practical nurse" or "licensed practical nurse" means a

person who is licensed as a practical nurse under this Act and

practices practical nursing as defined in this Act. Only a

practical nurse licensed under this Act is entitled to use the

title "licensed practical nurse" and the abbreviation

"L.P.N.".

"Practical nursing" means the performance of nursing acts

requiring the basic nursing knowledge, judgment, and skill

acquired by means of completion of an approved practical

nursing education program. Practical nursing includes

assisting in the nursing process as delegated by a registered

professional nurse or an advanced practice nurse. The practical

nurse may work under the direction of a licensed physician,

dentist, podiatric physician, or other health care

professional determined by the Department.

"Privileged" means the authorization granted by the

governing body of a healthcare facility, agency, or

organization to provide specific patient care services within

well-defined limits, based on qualifications reviewed in the

credentialing process.

"Registered Nurse" or "Registered Professional Nurse"

means a person who is licensed as a professional nurse under

this Act and practices nursing as defined in this Act. Only a

registered nurse licensed under this Act is entitled to use the

titles "registered nurse" and "registered professional nurse"

and the abbreviation, "R.N.".

"Registered professional nursing practice" is a scientific

process founded on a professional body of knowledge; it is a

learned profession based on the understanding of the human

condition across the life span and environment and includes all

nursing specialties and means the performance of any nursing

act based upon professional knowledge, judgment, and skills

acquired by means of completion of an approved professional

nursing education program. A registered professional nurse

provides holistic nursing care through the nursing process to

individuals, groups, families, or communities, that includes

but is not limited to: (1) the assessment of healthcare needs,

nursing diagnosis, planning, implementation, and nursing

evaluation; (2) the promotion, maintenance, and restoration of

health; (3) counseling, patient education, health education,

and patient advocacy; (4) the administration of medications and

treatments as prescribed by a physician licensed to practice

medicine in all of its branches, a licensed dentist, a licensed

podiatric physician, or a licensed optometrist or as prescribed

by a physician assistant or by an advanced practice nurse; (5)

the coordination and management of the nursing plan of care;

(6) the delegation to and supervision of individuals who assist

the registered professional nurse implementing the plan of

care; and (7) teaching nursing students. The foregoing shall

not be deemed to include those acts of medical diagnosis or

prescription of therapeutic or corrective measures.

"Professional assistance program for nurses" means a

professional assistance program that meets criteria

established by the Board of Nursing and approved by the

Secretary, which provides a non-disciplinary treatment

approach for nurses licensed under this Act whose ability to

practice is compromised by alcohol or chemical substance

addiction.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Unencumbered license" means a license issued in good

standing.

"Written collaborative agreement" means a written

agreement between an advanced practice nurse and a

collaborating physician, dentist, or podiatric physician

pursuant to Section 65-35.

(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;

99-330, eff. 1-1-16; revised 10-20-15.)

Section 345. The Pharmacy Practice Act is amended by

changing Section 19.1 as follows:

(225 ILCS 85/19.1)

(Section scheduled to be repealed on January 1, 2018)

Sec. 19.1. Dispensing opioid antagonists naloxone

antidotes.

(a) Due to the recent rise in opioid-related deaths in

Illinois and the existence of an opioid antagonist that can

reverse the deadly effects of overdose, the General Assembly

finds that in order to avoid further loss where possible, it is

responsible to allow greater access of such an antagonist to

those populations at risk of overdose.

(b) Notwithstanding any general or special law to the

contrary, a licensed pharmacist may dispense an opioid

antagonist in accordance with written, standardized procedures

or protocols developed by the Department with the Department of

Public Health and the Department of Human Services if the

procedures or protocols are filed at the pharmacy before

implementation and are available to the Department upon

request.

(c) Before dispensing an opioid antagonist pursuant to this

Section, a pharmacist shall complete a training program

approved by the Department of Human Services pursuant to

Section 5-23 of the Alcoholism and Other Drug Abuse and

Dependency Act. The training program shall include, but not be

limited to, proper documentation and quality assurance.

(d) For the purpose of this Section, "opioid antagonist"

means a drug that binds to opioid receptors and blocks or

inhibits the effect of opioids acting on those receptors,

including, but not limited to, naloxone hydrochloride or any

other similarly acting and equally safe drug approved by the

U.S. Food and Drug Administration for the treatment of drug

overdose.

(Source: P.A. 99-480, eff. 9-9-15; revised 10-16-15.)

Section 350. The Illinois Physical Therapy Act is amended

by changing Section 1 as follows:

(225 ILCS 90/1) (from Ch. 111, par. 4251)

(Section scheduled to be repealed on January 1, 2026)

Sec. 1. Definitions. As used in this Act:

(1) "Physical therapy" means all of the following:

(A) Examining, evaluating, and testing individuals who

may have mechanical, physiological, or developmental

impairments, functional limitations, disabilities, or

other health and movement-related conditions, classifying

these disorders, determining a rehabilitation prognosis

and plan of therapeutic intervention, and assessing the

on-going effects of the interventions.

(B) Alleviating impairments, functional limitations,

or disabilities by designing, implementing, and modifying

therapeutic interventions that may include, but are not

limited to, the evaluation or treatment of a person through

the use of the effective properties of physical measures

and heat, cold, light, water, radiant energy, electricity,

sound, and air and use of therapeutic massage, therapeutic

exercise, mobilization, and rehabilitative procedures,

with or without assistive devices, for the purposes of

preventing, correcting, or alleviating a physical or

mental impairment, functional limitation, or disability.

(C) Reducing the risk of injury, impairment,

functional limitation, or disability, including the

promotion and maintenance of fitness, health, and

wellness.

(D) Engaging in administration, consultation,

education, and research.

Physical therapy includes, but is not limited to: (a)

performance of specialized tests and measurements, (b)

administration of specialized treatment procedures, (c)

interpretation of referrals from physicians, dentists,

advanced practice nurses, physician assistants, and podiatric

physicians, (d) establishment, and modification of physical

therapy treatment programs, (e) administration of topical

medication used in generally accepted physical therapy

procedures when such medication is either prescribed by the

patient's physician, licensed to practice medicine in all its

branches, the patient's physician licensed to practice

podiatric medicine, the patient's advanced practice nurse, the

patient's physician assistant, or the patient's dentist or used

following the physician's orders or written instructions, and

(f) supervision or teaching of physical therapy. Physical

therapy does not include radiology, electrosurgery,

chiropractic technique or determination of a differential

diagnosis; provided, however, the limitation on determining a

differential diagnosis shall not in any manner limit a physical

therapist licensed under this Act from performing an evaluation

pursuant to such license. Nothing in this Section shall limit a

physical therapist from employing appropriate physical therapy

techniques that he or she is educated and licensed to perform.

A physical therapist shall refer to a licensed physician,

advanced practice nurse, physician assistant, dentist,

podiatric physician, other physical therapist, or other health

care provider any patient whose medical condition should, at

the time of evaluation or treatment, be determined to be beyond

the scope of practice of the physical therapist.

(2) "Physical therapist" means a person who practices

physical therapy and who has met all requirements as provided

in this Act.

(3) "Department" means the Department of Professional

Regulation.

(4) "Director" means the Director of Professional

Regulation.

(5) "Board" means the Physical Therapy Licensing and

Disciplinary Board approved by the Director.

(6) "Referral" means a written or oral authorization for

physical therapy services for a patient by a physician,

dentist, advanced practice nurse, physician assistant, or

podiatric physician who maintains medical supervision of the

patient and makes a diagnosis or verifies that the patient's

condition is such that it may be treated by a physical

therapist.

(7) "Documented current and relevant diagnosis" for the

purpose of this Act means a diagnosis, substantiated by

signature or oral verification of a physician, dentist,

advanced practice nurse, physician assistant, or podiatric

physician, that a patient's condition is such that it may be

treated by physical therapy as defined in this Act, which

diagnosis shall remain in effect until changed by the

physician, dentist, advanced practice nurse, physician

assistant, or podiatric physician.

(8) "State" includes:

(a) the states of the United States of America;

(b) the District of Columbia; and

(c) the Commonwealth of Puerto Rico.

(9) "Physical therapist assistant" means a person licensed

to assist a physical therapist and who has met all requirements

as provided in this Act and who works under the supervision of

a licensed physical therapist to assist in implementing the

physical therapy treatment program as established by the

licensed physical therapist. The patient care activities

provided by the physical therapist assistant shall not include

the interpretation of referrals, evaluation procedures, or the

planning or major modification of patient programs.

(10) "Physical therapy aide" means a person who has

received on the job training, specific to the facility in which

he is employed.

(11) "Advanced practice nurse" means a person licensed as

an advanced practice nurse under the Nurse Practice Act.

(12) "Physician assistant" means a person licensed under

the Physician Assistant Practice Act of 1987.

(Source: P.A. 98-214, eff. 8-9-13; 99-173, eff. 7-29-15;

99-229, eff. 8-3-15; revised 10-21-15.)

Section 355. The Respiratory Care Practice Act is amended

by changing Sections 10 and 115 as follows:

(225 ILCS 106/10)

(Section scheduled to be repealed on January 1, 2026)

Sec. 10. Definitions. In this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as 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

those changes must be made either through the Department's

website or by contacting the Department.

"Advanced practice nurse" means an advanced practice nurse

licensed under the Nurse Practice Act.

"Board" means the Respiratory Care Board appointed by the

Secretary.

"Basic respiratory care activities" means and includes all

of the following activities:

(1) Cleaning, disinfecting, and sterilizing equipment

used in the practice of respiratory care as delegated by a

licensed health care professional or other authorized

licensed personnel.

(2) Assembling equipment used in the practice of

respiratory care as delegated by a licensed health care

professional or other authorized licensed personnel.

(3) Collecting and reviewing patient data through

non-invasive means, provided that the collection and

review does not include the individual's interpretation of

the clinical significance of the data. Collecting and

reviewing patient data includes the performance of pulse

oximetry and non-invasive monitoring procedures in order

to obtain vital signs and notification to licensed health

care professionals and other authorized licensed personnel

in a timely manner.

(4) Maintaining a nasal cannula or face mask for oxygen

therapy in the proper position on the patient's face.

(5) Assembling a nasal cannula or face mask for oxygen

therapy at patient bedside in preparation for use.

(6) Maintaining a patient's natural airway by

physically manipulating the jaw and neck, suctioning the

oral cavity, or suctioning the mouth or nose with a bulb

syringe.

(7) Performing assisted ventilation during emergency

resuscitation using a manual resuscitator.

(8) Using a manual resuscitator at the direction of a

licensed health care professional or other authorized

licensed personnel who is present and performing routine

airway suctioning. These activities do not include care of

a patient's artificial airway or the adjustment of

mechanical ventilator settings while a patient is

connected to the ventilator.

"Basic respiratory care activities" does not mean activities

that involve any of the following:

(1) Specialized knowledge that results from a course of

education or training in respiratory care.

(2) An unreasonable risk of a negative outcome for the

patient.

(3) The assessment or making of a decision concerning

patient care.

(4) The administration of aerosol medication or

medical gas.

(5) The insertion and maintenance of an artificial

airway.

(6) Mechanical ventilatory support.

(7) Patient assessment.

(8) Patient education.

(9) The transferring of oxygen devices, for purposes of

patient transport, with a liter flow greater than 6 liters

per minute, and the transferring of oxygen devices at any

liter flow being delivered to patients less than 12 years

of age.

"Department" means the Department of Financial and

Professional Regulation.

"Licensed" means that which is required to hold oneself out

as a respiratory care practitioner as defined in this Act.

"Licensed health care professional" means a physician

licensed to practice medicine in all its branches, a licensed

advanced practice nurse, or a licensed physician assistant.

"Order" means a written, oral, or telecommunicated

authorization for respiratory care services for a patient by

(i) a licensed health care professional who maintains medical

supervision of the patient and makes a diagnosis or verifies

that the patient's condition is such that it may be treated by

a respiratory care practitioner or (ii) a certified registered

nurse anesthetist in a licensed hospital or ambulatory surgical

treatment center.

"Other authorized licensed personnel" means a licensed

respiratory care practitioner, a licensed registered nurse, or

a licensed practical nurse whose scope of practice authorizes

the professional to supervise an individual who is not

licensed, certified, or registered as a health professional.

"Proximate supervision" means a situation in which an

individual is responsible for directing the actions of another

individual in the facility and is physically close enough to be

readily available, if needed, by the supervised individual.

"Respiratory care" and "cardiorespiratory care" mean

preventative services, evaluation and assessment services,

therapeutic services, cardiopulmonary disease management, and

rehabilitative services under the order of a licensed health

care professional for an individual with a disorder, disease,

or abnormality of the cardiopulmonary system. These terms

include, but are not limited to, measuring, observing,

assessing, and monitoring signs and symptoms, reactions,

general behavior, and general physical response of individuals

to respiratory care services, including the determination of

whether those signs, symptoms, reactions, behaviors, or

general physical responses exhibit abnormal characteristics;

the administration of pharmacological and therapeutic agents

and procedures related to respiratory care services; the

collection of blood specimens and other bodily fluids and

tissues for, and the performance of, cardiopulmonary

diagnostic testing procedures, including, but not limited to,

blood gas analysis; development, implementation, and

modification of respiratory care treatment plans based on

assessed abnormalities of the cardiopulmonary system,

respiratory care guidelines, referrals, and orders of a

licensed health care professional; application, operation, and

management of mechanical ventilatory support and other means of

life support, including, but not limited to, hemodynamic

cardiovascular support; and the initiation of emergency

procedures under the rules promulgated by the Department. A

respiratory care practitioner shall refer to a physician

licensed to practice medicine in all its branches any patient

whose condition, at the time of evaluation or treatment, is

determined to be beyond the scope of practice of the

respiratory care practitioner.

"Respiratory care education program" means a course of

academic study leading to eligibility for registry or

certification in respiratory care. The training is to be

approved by an accrediting agency recognized by the Board and

shall include an evaluation of competence through a

standardized testing mechanism that is determined by the Board

to be both valid and reliable.

"Respiratory care practitioner" means a person who is

licensed by the Department of Professional Regulation and meets

all of the following criteria:

(1) The person is engaged in the practice of

cardiorespiratory care and has the knowledge and skill

necessary to administer respiratory care.

(2) The person is capable of serving as a resource to

the licensed health care professional in relation to the

technical aspects of cardiorespiratory care and the safe

and effective methods for administering cardiorespiratory

care modalities.

(3) The person is able to function in situations of

unsupervised patient contact requiring great individual

judgment.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 99-173, eff. 7-29-15; 99-230, eff. 8-3-15;

revised 10-20-15.)

(225 ILCS 106/115)

(Section scheduled to be repealed on January 1, 2026)

Sec. 115. Subpoena; depositions; oaths. The Department has

the power to subpoena and to bring before it any person,

exhibit, book, document, record, file, or any other material

and to take testimony either orally or by deposition, or both,

with the same fees and mileage and in the same manner as

prescribed proscribed in civil cases in the courts of this

State.

The Secretary, the designated hearing officer, and every

member of the Board has the power to administer oaths to

witnesses at any hearing which the Department is authorized to

conduct, and any other oaths authorized in any Act administered

by the Department.

(Source: P.A. 99-230, eff. 8-3-15; revised 10-21-15.)

Section 360. The Perfusionist Practice Act is amended by

changing Section 125 as follows:

(225 ILCS 125/125)

(Section scheduled to be repealed on January 1, 2020)

Sec. 125. Record of proceedings. The Department, at its

expense, shall preserve a record of all proceedings at a formal

hearing conducted pursuant to Section 120 of this Act. The

notice of hearing, complaint, and all other documents in the

nature of pleadings and written motions filed in the

proceedings, the transcript of testimony, the report of the

Board or hearing officer, and orders of the Department shall be

the record of the proceeding. The Department shall supply a

transcript of the record to a person interested in the hearing

on payment of the fee required under Section 2105-115 of the

Department of Professional Regulation Law Section 60f of the

Civil Administrative Code of Illinois.

(Source: P.A. 91-580, eff. 1-1-00; revised 10-16-15.)

Section 365. The Barber, Cosmetology, Esthetics, Hair

Braiding, and Nail Technology Act of 1985 is amended by

changing Section 2-4 as follows:

(225 ILCS 410/2-4) (from Ch. 111, par. 1702-4)

(Section scheduled to be repealed on January 1, 2026)

Sec. 2-4. Licensure as a barber teacher; qualifications. A

person is qualified to receive a license as a barber teacher if

that person files an application on forms provided by the

Department, pays the required fee, and:

a. Is at least 18 years of age;

b. Has graduated from high school or its equivalent;

c. Has a current license as a barber or cosmetologist;

d. Has graduated from a barber school or school of

cosmetology approved by the Department having:

(1) completed a total of 500 hours in barber

teacher training extending over a period of not less

than 3 months nor more than 2 years and has had 3 years

of practical experience as a licensed barber;

(2) completed a total of 1,000 hours of barber

teacher training extending over a period of not less

than 6 months nor more than 2 years; or

(3) completed the cosmetology teacher training as

specified in paragraph (4) of subsection (a) of Section

3-4 of this Act and completed a supplemental barbering

course as established by rule;

e. Has passed an examination authorized by the

Department to determine fitness to receive a license as a

barber teacher or a cosmetology teacher; and

f. Has met any other requirements set forth in this

Act.

An applicant who is issued a license as a barber teacher is

not required to maintain a barber license in order to practice

barbering as defined in this Act.

(Source: P.A. 98-911, eff. 1-1-15; 99-78, eff. 7-20-15; 99-427,

eff. 8-21-15; revised 10-19-15.)

Section 370. The Collection Agency Act is amended by

changing Section 2.04 as follows:

(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)

(Section scheduled to be repealed on January 1, 2026)

Sec. 2.04. Child support debt.

(a) Collection agencies engaged in the business of

collecting child support debt owing under a court order as

provided under the Illinois Public Aid Code, the Illinois

Marriage and Dissolution of Marriage Act, the Non-Support

Punishment Act, the Illinois Parentage Act of 1984, the

Illinois Parentage Act of 2015, or similar laws of other states

are not restricted (i) in the frequency of contact with an

obligor who is in arrears, whether by phone, mail, or other

means, (ii) from contacting the employer of an obligor who is

in arrears, (iii) from publishing or threatening to publish a

list of obligors in arrears, (iv) from disclosing or

threatening to disclose an arrearage that the obligor disputes,

but for which a verified notice of delinquency has been served

under the Income Withholding for Support Act (or any of its

predecessors, Section 10-16.2 of the Illinois Public Aid Code,

Section 706.1 of the Illinois Marriage and Dissolution of

Marriage Act, Section 22 of the Non-Support Punishment Act,

Section 26.1 of the Revised Uniform Reciprocal Enforcement of

Support Act, or Section 20 of the Illinois Parentage Act of

1984), or (v) from engaging in conduct that would not cause a

reasonable person mental or physical illness. For purposes of

this subsection, "obligor" means an individual who owes a duty

to make periodic payments, under a court order, for the support

of a child. "Arrearage" means the total amount of an obligor's

unpaid child support obligations.

(a-5) A collection agency may not impose a fee or charge,

including costs, for any child support payments collected

through the efforts of a federal, State, or local government

agency, including but not limited to child support collected

from federal or State tax refunds, unemployment benefits, or

Social Security benefits.

No collection agency that collects child support payments

shall (i) impose a charge or fee, including costs, for

collection of a current child support payment, (ii) fail to

apply collections to current support as specified in the order

for support before applying collection to arrears or other

amounts, or (iii) designate a current child support payment as

arrears or other amount owed. In all circumstances, the

collection agency shall turn over to the obligee all support

collected in a month up to the amount of current support

required to be paid for that month.

As to any fees or charges, including costs, retained by the

collection agency, that agency shall provide documentation to

the obligee demonstrating that the child support payments

resulted from the actions of the agency.

After collection of the total amount or arrearage,

including statutory interest, due as of the date of execution

of the collection contract, no further fees may be charged.

(a-10) The Department shall determine a fee rate of not

less than 25% but not greater than 35%, based upon presentation

by the licensees as to costs to provide the service and a fair

rate of return. This rate shall be established by

administrative rule.

Without prejudice to the determination by the Department of

the appropriate rate through administrative rule, a collection

agency shall impose a fee of not more than 29% of the amount of

child support actually collected by the collection agency

subject to the provisions of subsection (a-5). This interim

rate is based upon the March 2002 General Account Office report

"Child Support Enforcement", GAO-02-349. This rate shall apply

until a fee rate is established by administrative rule.

(b) The Department shall adopt rules necessary to

administer and enforce the provisions of this Section.

(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; revised

10-21-15.)

Section 375. The Illinois Livestock Dealer Licensing Act is

amended by changing Section 9 as follows:

(225 ILCS 645/9) (from Ch. 111, par. 409)

Sec. 9. The Department may refuse to issue or renew or may

suspend or revoke a license on any of the following grounds:

a. Material misstatement in the application for

original license or in the application for any renewal

license under this Act;

b. Wilful disregard or violation of this Act, or of any

other Act relative to the purchase and sale of livestock,

feeder swine or horses, or of any regulation or rule issued

pursuant thereto;

c. Wilfully aiding or abetting another in the violation

of this Act or of any regulation or rule issued pursuant

thereto;

d. Allowing one's license under this Act to be used by

an unlicensed person;

e. Conviction of any felony, if the Department

determines, after investigation, that such person has not

been sufficiently rehabilitated to warrant the public

trust;

f. Conviction of any crime an essential element of

which is misstatement, fraud or dishonesty;

g. Conviction of a violation of any law in Illinois or

any Departmental rule or regulation relating to livestock;

h. Making substantial misrepresentations or false

promises of a character likely to influence, persuade or

induce in connection with the livestock industry;

i. Pursuing a continued course of misrepresentation of

or making false promises through advertising, salesmen,

agents or otherwise in connection with the livestock

industry;

j. Failure to possess the necessary qualifications or

to meet the requirements of this Act for the issuance or

holding a license;

k. Failure to pay for livestock after purchase;

l. Issuance of checks for payment of livestock when

funds are insufficient;

m. Determination by a Department audit that the

licensee or applicant is insolvent;

n. Operating without adequate bond coverage or its

equivalent required for licensees; .

o. Failing to remit the assessment required in Section

9 of the Beef Market Development Act upon written complaint

of the Checkoff Division of the Illinois Beef Association

Board of Governors.

The Department may refuse to issue or may suspend the

license of any person who fails to file a return, or to pay the

tax, penalty or interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required by

any tax Act administered by the Illinois Department of Revenue,

until such time as the requirements of any such tax Act are

satisfied.

(Source: P.A. 99-389, eff. 8-18-15; revised 10-20-15.)

Section 380. The Raffles and Poker Runs Act is amended by

changing Section 1 as follows:

(230 ILCS 15/1) (from Ch. 85, par. 2301)

Sec. 1. Definitions. For the purposes of this Act the terms

defined in this Section have the meanings given them.

"Net proceeds" means the gross receipts from the conduct of

raffles, less reasonable sums expended for prizes, local

license fees and other reasonable operating expenses incurred

as a result of operating a raffle or poker run.

"Key location" means the location where the poker run

concludes and the prize or prizes are awarded.

"Poker run" means a prize-awarding event organized by an

organization licensed under this Act in which participants

travel to multiple predetermined locations, including a key

location, to play a randomized game based on an element of

chance. "Poker run" includes dice runs, marble runs, or other

events where the objective is to build the best hand or highest

score by obtaining an item or playing a randomized game at each

location.

"Raffle" means a form of lottery, as defined in Section

28-2(b) of the Criminal Code of 2012, conducted by an

organization licensed under this Act, in which:

(1) the player pays or agrees to pay something of value

for a chance, represented and differentiated by a number or

by a combination of numbers or by some other medium, one or

more of which chances is to be designated the winning

chance;

(2) the winning chance is to be determined through a

drawing or by some other method based on an element of

chance by an act or set of acts on the part of persons

conducting or connected with the lottery, except that the

winning chance shall not be determined by the outcome of a

publicly exhibited sporting contest.

"Raffle" does not include a savings promotion raffle

authorized under Section 5g of the Illinois Banking Act,

Section 7008 of the Savings Bank Act, Section 42.7 of the

Illinois Credit Union Act, Section 5136B of the National Bank

Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act

(12 U.S.C. 1463).

(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;

99-405, eff. 8-19-15; revised 10-19-15.)

Section 385. 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 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, 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. 99-143, eff. 7-27-15; 99-177, eff. 7-29-15;

revised 10-19-15.)

Section 390. The Liquor Control Act of 1934 is amended by

setting forth and renumbering multiple versions of Section

1-3.40 and by changing Sections 5-1, 6-4, and 6-11 as follows:

(235 ILCS 5/1-3.40)

Sec. 1-3.40. Manufacturer class license holder.

"Manufacturer class license holder" means any holder of a

Manufacturer's license as provided in Section 5-1 of this Act.

The Manufacturer's licenses are: a Class 1. Distiller, a Class

2. Rectifier, a Class 3. Brewer, a Class 4. First Class Wine

Manufacturer, a Class 5. Second Class Wine Manufacturer, a

Class 6. First Class Winemaker, a Class 7. Second Class

Winemaker, a Class 8. Limited Wine Manufacturer, a Class 9.

Craft Distiller, and a Class 10. Craft Brewer and any future

Manufacturer's licenses established by law.

(Source: P.A. 99-282, eff. 8-5-15.)

(235 ILCS 5/1-3.42)

Sec. 1-3.42 1-3.40. Class 2 brewer. "Class 2 brewer" means

a person who is a holder of a brewer license or non-resident

dealer license who manufactures up to 3,720,000 gallons of beer

per year for sale to a licensed importing distributor or

distributor.

(Source: P.A. 99-448, eff. 8-24-15; revised 10-28-15.)

(235 ILCS 5/5-1) (from Ch. 43, par. 115)

Sec. 5-1. Licenses issued by the Illinois Liquor Control

Commission shall be of the following classes:

(a) Manufacturer's license - Class 1. Distiller, Class 2.

Rectifier, Class 3. Brewer, Class 4. First Class Wine

Manufacturer, Class 5. Second Class Wine Manufacturer, Class 6.

First Class Winemaker, Class 7. Second Class Winemaker, Class

8. Limited Wine Manufacturer, Class 9. Craft Distiller, Class

10. Class 1 Brewer, Class 11. Class 2 Brewer,

(b) Distributor's license,

(c) Importing Distributor's license,

(d) Retailer's license,

(e) Special Event Retailer's license (not-for-profit),

(f) Railroad license,

(g) Boat license,

(h) Non-Beverage User's license,

(i) Wine-maker's premises license,

(j) Airplane license,

(k) Foreign importer's license,

(l) Broker's license,

(m) Non-resident dealer's license,

(n) Brew Pub license,

(o) Auction liquor license,

(p) Caterer retailer license,

(q) Special use permit license,

(r) Winery shipper's license.

No person, firm, partnership, corporation, or other legal

business entity that is engaged in the manufacturing of wine

may concurrently obtain and hold a wine-maker's license and a

wine manufacturer's license.

(a) A manufacturer's license shall allow the manufacture,

importation in bulk, storage, distribution and sale of

alcoholic liquor to persons without the State, as may be

permitted by law and to licensees in this State as follows:

Class 1. A Distiller may make sales and deliveries of

alcoholic liquor to distillers, rectifiers, importing

distributors, distributors and non-beverage users and to no

other licensees.

Class 2. A Rectifier, who is not a distiller, as defined

herein, may make sales and deliveries of alcoholic liquor to

rectifiers, importing distributors, distributors, retailers

and non-beverage users and to no other licensees.

Class 3. A Brewer may make sales and deliveries of beer to

importing distributors and distributors and may make sales as

authorized under subsection (e) of Section 6-4 of this Act.

Class 4. A first class wine-manufacturer may make sales and

deliveries of up to 50,000 gallons of wine to manufacturers,

importing distributors and distributors, and to no other

licensees.

Class 5. A second class Wine manufacturer may make sales

and deliveries of more than 50,000 gallons of wine to

manufacturers, importing distributors and distributors and to

no other licensees.

Class 6. A first-class wine-maker's license shall allow the

manufacture of up to 50,000 gallons of wine per year, and the

storage and sale of such wine to distributors in the State and

to persons without the State, as may be permitted by law. A

person who, prior to June 1, 2008 (the effective date of Public

Act 95-634) this amendatory Act of the 95th General Assembly,

is a holder of a first-class wine-maker's license and annually

produces more than 25,000 gallons of its own wine and who

distributes its wine to licensed retailers shall cease this

practice on or before July 1, 2008 in compliance with Public

Act 95-634 this amendatory Act of the 95th General Assembly.

Class 7. A second-class wine-maker's license shall allow

the manufacture of between 50,000 and 150,000 gallons of wine

per year, and the storage and sale of such wine to distributors

in this State and to persons without the State, as may be

permitted by law. A person who, prior to June 1, 2008 (the

effective date of Public Act 95-634) this amendatory Act of the

95th General Assembly, is a holder of a second-class

wine-maker's license and annually produces more than 25,000

gallons of its own wine and who distributes its wine to

licensed retailers shall cease this practice on or before July

1, 2008 in compliance with Public Act 95-634 this amendatory

Act of the 95th General Assembly.

Class 8. A limited wine-manufacturer may make sales and

deliveries not to exceed 40,000 gallons of wine per year to

distributors, and to non-licensees in accordance with the

provisions of this Act.

Class 9. A craft distiller license shall allow the

manufacture of up to 30,000 gallons of spirits by distillation

for one year after March 1, 2013 (the effective date of Public

Act 97-1166) this amendatory Act of the 97th General Assembly

and up to 35,000 gallons of spirits by distillation per year

thereafter and the storage of such spirits. If a craft

distiller licensee is not affiliated with any other

manufacturer, then the craft distiller licensee may sell such

spirits to distributors in this State and up to 2,500 gallons

of such spirits to non-licensees to the extent permitted by any

exemption approved by the Commission pursuant to Section 6-4 of

this Act.

Any craft distiller licensed under this Act who on July 28,

2010 (the effective date of Public Act 96-1367) this amendatory

Act of the 96th General Assembly was licensed as a distiller

and manufactured no more spirits than permitted by this Section

shall not be required to pay the initial licensing fee.

Class 10. A class 1 brewer license, which may only be

issued to a licensed brewer or licensed non-resident dealer,

shall allow the manufacture of up to 930,000 gallons of beer

per year provided that the class 1 brewer licensee does not

manufacture more than a combined 930,000 gallons of beer per

year and is not a member of or affiliated with, directly or

indirectly, a manufacturer that produces more than 930,000

gallons of beer per year or any other alcoholic liquor. A class

1 brewer licensee may make sales and deliveries to importing

distributors and distributors and to retail licensees in

accordance with the conditions set forth in paragraph (18) of

subsection (a) of Section 3-12 of this Act.

Class 11. A class 2 brewer license, which may only be

issued to a licensed brewer or licensed non-resident dealer,

shall allow the manufacture of up to 3,720,000 gallons of beer

per year provided that the class 2 brewer licensee does not

manufacture more than a combined 3,720,000 gallons of beer per

year and is not a member of or affiliated with, directly or

indirectly, a manufacturer that produces more than 3,720,000

gallons of beer per year or any other alcoholic liquor. A class

2 brewer licensee may make sales and deliveries to importing

distributors and distributors, but shall not make sales or

deliveries to any other licensee. If the State Commission

provides prior approval, a class 2 brewer licensee may annually

transfer up to 3,720,000 gallons of beer manufactured by that

class 2 brewer licensee to the premises of a licensed class 2

brewer wholly owned and operated by the same licensee.

(a-1) A manufacturer which is licensed in this State to

make sales or deliveries of alcoholic liquor to licensed

distributors or importing distributors and which enlists

agents, representatives, or individuals acting on its behalf

who contact licensed retailers on a regular and continual basis

in this State must register those agents, representatives, or

persons acting on its behalf with the State Commission.

Registration of agents, representatives, or persons acting

on behalf of a manufacturer is fulfilled by submitting a form

to the Commission. The form shall be developed by the

Commission and shall include the name and address of the

applicant, the name and address of the manufacturer he or she

represents, the territory or areas assigned to sell to or

discuss pricing terms of alcoholic liquor, and any other

questions deemed appropriate and necessary. All statements in

the forms required to be made by law or by rule shall be deemed

material, and any person who knowingly misstates any material

fact under oath in an application is guilty of a Class B

misdemeanor. Fraud, misrepresentation, false statements,

misleading statements, evasions, or suppression of material

facts in the securing of a registration are grounds for

suspension or revocation of the registration. The State

Commission shall post a list of registered agents on the

Commission's website.

(b) A distributor's license shall allow the wholesale

purchase and storage of alcoholic liquors and sale of alcoholic

liquors to licensees in this State and to persons without the

State, as may be permitted by law.

(c) An importing distributor's license may be issued to and

held by those only who are duly licensed distributors, upon the

filing of an application by a duly licensed distributor, with

the Commission and the Commission shall, without the payment of

any fee, immediately issue such importing distributor's

license to the applicant, which shall allow the importation of

alcoholic liquor by the licensee into this State from any point

in the United States outside this State, and the purchase of

alcoholic liquor in barrels, casks or other bulk containers and

the bottling of such alcoholic liquors before resale thereof,

but all bottles or containers so filled shall be sealed,

labeled, stamped and otherwise made to comply with all

provisions, rules and regulations governing manufacturers in

the preparation and bottling of alcoholic liquors. The

importing distributor's license shall permit such licensee to

purchase alcoholic liquor from Illinois licensed non-resident

dealers and foreign importers only.

(d) A retailer's license shall allow the licensee to sell

and offer for sale at retail, only in the premises specified in

the license, alcoholic liquor for use or consumption, but not

for resale in any form. Nothing in Public Act 95-634 this

amendatory Act of the 95th General Assembly shall deny, limit,

remove, or restrict the ability of a holder of a retailer's

license to transfer, deliver, or ship alcoholic liquor to the

purchaser for use or consumption subject to any applicable

local law or ordinance. Any retail license issued to a

manufacturer shall only permit the manufacturer to sell beer at

retail on the premises actually occupied by the manufacturer.

For the purpose of further describing the type of business

conducted at a retail licensed premises, a retailer's licensee

may be designated by the State Commission as (i) an on premise

consumption retailer, (ii) an off premise sale retailer, or

(iii) a combined on premise consumption and off premise sale

retailer.

Notwithstanding any other provision of this subsection

(d), a retail licensee may sell alcoholic liquors to a special

event retailer licensee for resale to the extent permitted

under subsection (e).

(e) A special event retailer's license (not-for-profit)

shall permit the licensee to purchase alcoholic liquors from an

Illinois licensed distributor (unless the licensee purchases

less than $500 of alcoholic liquors for the special event, in

which case the licensee may purchase the alcoholic liquors from

a licensed retailer) and shall allow the licensee to sell and

offer for sale, at retail, alcoholic liquors for use or

consumption, but not for resale in any form and only at the

location and on the specific dates designated for the special

event in the license. An applicant for a special event retailer

license must (i) furnish with the application: (A) a resale

number issued under Section 2c of the Retailers' Occupation Tax

Act or evidence that the applicant is registered under Section

2a of the Retailers' Occupation Tax Act, (B) a current, valid

exemption identification number issued under Section 1g of the

Retailers' Occupation Tax Act, and a certification to the

Commission that the purchase of alcoholic liquors will be a

tax-exempt purchase, or (C) a statement that the applicant is

not registered under Section 2a of the Retailers' Occupation

Tax Act, does not hold a resale number under Section 2c of the

Retailers' Occupation Tax Act, and does not hold an exemption

number under Section 1g of the Retailers' Occupation Tax Act,

in which event the Commission shall set forth on the special

event retailer's license a statement to that effect; (ii)

submit with the application proof satisfactory to the State

Commission that the applicant will provide dram shop liability

insurance in the maximum limits; and (iii) show proof

satisfactory to the State Commission that the applicant has

obtained local authority approval.

(f) A railroad license shall permit the licensee to import

alcoholic liquors into this State from any point in the United

States outside this State and to store such alcoholic liquors

in this State; to make wholesale purchases of alcoholic liquors

directly from manufacturers, foreign importers, distributors

and importing distributors from within or outside this State;

and to store such alcoholic liquors in this State; provided

that the above powers may be exercised only in connection with

the importation, purchase or storage of alcoholic liquors to be

sold or dispensed on a club, buffet, lounge or dining car

operated on an electric, gas or steam railway in this State;

and provided further, that railroad licensees exercising the

above powers shall be subject to all provisions of Article VIII

of this Act as applied to importing distributors. A railroad

license shall also permit the licensee to sell or dispense

alcoholic liquors on any club, buffet, lounge or dining car

operated on an electric, gas or steam railway regularly

operated by a common carrier in this State, but shall not

permit the sale for resale of any alcoholic liquors to any

licensee within this State. A license shall be obtained for

each car in which such sales are made.

(g) A boat license shall allow the sale of alcoholic liquor

in individual drinks, on any passenger boat regularly operated

as a common carrier on navigable waters in this State or on any

riverboat operated under the Riverboat Gambling Act, which boat

or riverboat maintains a public dining room or restaurant

thereon.

(h) A non-beverage user's license shall allow the licensee

to purchase alcoholic liquor from a licensed manufacturer or

importing distributor, without the imposition of any tax upon

the business of such licensed manufacturer or importing

distributor as to such alcoholic liquor to be used by such

licensee solely for the non-beverage purposes set forth in

subsection (a) of Section 8-1 of this Act, and such licenses

shall be divided and classified and shall permit the purchase,

possession and use of limited and stated quantities of

alcoholic liquor as follows:

Class 1, not to exceed ......................... 500 gallons

Class 2, not to exceed ....................... 1,000 gallons

Class 3, not to exceed ....................... 5,000 gallons

Class 4, not to exceed ...................... 10,000 gallons

Class 5, not to exceed ....................... 50,000 gallons

(i) A wine-maker's premises license shall allow a licensee

that concurrently holds a first-class wine-maker's license to

sell and offer for sale at retail in the premises specified in

such license not more than 50,000 gallons of the first-class

wine-maker's wine that is made at the first-class wine-maker's

licensed premises per year for use or consumption, but not for

resale in any form. A wine-maker's premises license shall allow

a licensee who concurrently holds a second-class wine-maker's

license to sell and offer for sale at retail in the premises

specified in such license up to 100,000 gallons of the

second-class wine-maker's wine that is made at the second-class

wine-maker's licensed premises per year for use or consumption

but not for resale in any form. A wine-maker's premises license

shall allow a licensee that concurrently holds a first-class

wine-maker's license or a second-class wine-maker's license to

sell and offer for sale at retail at the premises specified in

the wine-maker's premises license, for use or consumption but

not for resale in any form, any beer, wine, and spirits

purchased from a licensed distributor. Upon approval from the

State Commission, a wine-maker's premises license shall allow

the licensee to sell and offer for sale at (i) the wine-maker's

licensed premises and (ii) at up to 2 additional locations for

use and consumption and not for resale. Each location shall

require additional licensing per location as specified in

Section 5-3 of this Act. A wine-maker's premises licensee shall

secure liquor liability insurance coverage in an amount at

least equal to the maximum liability amounts set forth in

subsection (a) of Section 6-21 of this Act.

(j) An airplane license shall permit the licensee to import

alcoholic liquors into this State from any point in the United

States outside this State and to store such alcoholic liquors

in this State; to make wholesale purchases of alcoholic liquors

directly from manufacturers, foreign importers, distributors

and importing distributors from within or outside this State;

and to store such alcoholic liquors in this State; provided

that the above powers may be exercised only in connection with

the importation, purchase or storage of alcoholic liquors to be

sold or dispensed on an airplane; and provided further, that

airplane licensees exercising the above powers shall be subject

to all provisions of Article VIII of this Act as applied to

importing distributors. An airplane licensee shall also permit

the sale or dispensing of alcoholic liquors on any passenger

airplane regularly operated by a common carrier in this State,

but shall not permit the sale for resale of any alcoholic

liquors to any licensee within this State. A single airplane

license shall be required of an airline company if liquor

service is provided on board aircraft in this State. The annual

fee for such license shall be as determined in Section 5-3.

(k) A foreign importer's license shall permit such licensee

to purchase alcoholic liquor from Illinois licensed

non-resident dealers only, and to import alcoholic liquor other

than in bulk from any point outside the United States and to

sell such alcoholic liquor to Illinois licensed importing

distributors and to no one else in Illinois; provided that (i)

the foreign importer registers with the State Commission every

brand of alcoholic liquor that it proposes to sell to Illinois

licensees during the license period, (ii) the foreign importer

complies with all of the provisions of Section 6-9 of this Act

with respect to registration of such Illinois licensees as may

be granted the right to sell such brands at wholesale, and

(iii) the foreign importer complies with the provisions of

Sections 6-5 and 6-6 of this Act to the same extent that these

provisions apply to manufacturers.

(l) (i) A broker's license shall be required of all persons

who solicit orders for, offer to sell or offer to supply

alcoholic liquor to retailers in the State of Illinois, or who

offer to retailers to ship or cause to be shipped or to make

contact with distillers, rectifiers, brewers or manufacturers

or any other party within or without the State of Illinois in

order that alcoholic liquors be shipped to a distributor,

importing distributor or foreign importer, whether such

solicitation or offer is consummated within or without the

State of Illinois.

No holder of a retailer's license issued by the Illinois

Liquor Control Commission shall purchase or receive any

alcoholic liquor, the order for which was solicited or offered

for sale to such retailer by a broker unless the broker is the

holder of a valid broker's license.

The broker shall, upon the acceptance by a retailer of the

broker's solicitation of an order or offer to sell or supply or

deliver or have delivered alcoholic liquors, promptly forward

to the Illinois Liquor Control Commission a notification of

said transaction in such form as the Commission may by

regulations prescribe.

(ii) A broker's license shall be required of a person

within this State, other than a retail licensee, who, for a fee

or commission, promotes, solicits, or accepts orders for

alcoholic liquor, for use or consumption and not for resale, to

be shipped from this State and delivered to residents outside

of this State by an express company, common carrier, or

contract carrier. This Section does not apply to any person who

promotes, solicits, or accepts orders for wine as specifically

authorized in Section 6-29 of this Act.

A broker's license under this subsection (l) shall not

entitle the holder to buy or sell any alcoholic liquors for his

own account or to take or deliver title to such alcoholic

liquors.

This subsection (l) shall not apply to distributors,

employees of distributors, or employees of a manufacturer who

has registered the trademark, brand or name of the alcoholic

liquor pursuant to Section 6-9 of this Act, and who regularly

sells such alcoholic liquor in the State of Illinois only to

its registrants thereunder.

Any agent, representative, or person subject to

registration pursuant to subsection (a-1) of this Section shall

not be eligible to receive a broker's license.

(m) A non-resident dealer's license shall permit such

licensee to ship into and warehouse alcoholic liquor into this

State from any point outside of this State, and to sell such

alcoholic liquor to Illinois licensed foreign importers and

importing distributors and to no one else in this State;

provided that (i) said non-resident dealer shall register with

the Illinois Liquor Control Commission each and every brand of

alcoholic liquor which it proposes to sell to Illinois

licensees during the license period, (ii) it shall comply with

all of the provisions of Section 6-9 hereof with respect to

registration of such Illinois licensees as may be granted the

right to sell such brands at wholesale, and (iii) the

non-resident dealer shall comply with the provisions of

Sections 6-5 and 6-6 of this Act to the same extent that these

provisions apply to manufacturers.

(n) A brew pub license shall allow the licensee to only (i)

manufacture up to 155,000 gallons of beer per year only on the

premises specified in the license, (ii) make sales of the beer

manufactured on the premises or, with the approval of the

Commission, beer manufactured on another brew pub licensed

premises that is wholly owned and operated by the same licensee

to importing distributors, distributors, and to non-licensees

for use and consumption, (iii) store the beer upon the

premises, (iv) sell and offer for sale at retail from the

licensed premises for off-premises consumption no more than

155,000 gallons per year so long as such sales are only made

in-person, (v) sell and offer for sale at retail for use and

consumption on the premises specified in the license any form

of alcoholic liquor purchased from a licensed distributor or

importing distributor, and (vi) with the prior approval of the

Commission, annually transfer no more than 155,000 gallons of

beer manufactured on the premises to a licensed brew pub wholly

owned and operated by the same licensee.

A brew pub licensee shall not under any circumstance sell

or offer for sale beer manufactured by the brew pub licensee to

retail licensees.

A person who holds a class 2 brewer license may

simultaneously hold a brew pub license if the class 2 brewer

(i) does not, under any circumstance, sell or offer for sale

beer manufactured by the class 2 brewer to retail licensees;

(ii) does not hold more than 3 brew pub licenses in this State;

(iii) does not manufacture more than a combined 3,720,000

gallons of beer per year, including the beer manufactured at

the brew pub; and (iv) is not a member of or affiliated with,

directly or indirectly, a manufacturer that produces more than

3,720,000 gallons of beer per year or any other alcoholic

liquor.

Notwithstanding any other provision of this Act, a licensed

brewer, class 2 brewer, or non-resident dealer who before July

1, 2015 manufactured less than than 3,720,000 gallons of beer

per year and held a brew pub license on or before July 1, 2015

may (i) continue to qualify for and hold that brew pub license

for the licensed premises and (ii) manufacture more than

3,720,000 gallons of beer per year and continue to qualify for

and hold that brew pub license if that brewer, class 2 brewer,

or non-resident dealer does not simultaneously hold a class 1

brewer license and is not a member of or affiliated with,

directly or indirectly, a manufacturer that produces more than

3,720,000 gallons of beer per year or that produces any other

alcoholic liquor.

(o) A caterer retailer license shall allow the holder to

serve alcoholic liquors as an incidental part of a food service

that serves prepared meals which excludes the serving of snacks

as the primary meal, either on or off-site whether licensed or

unlicensed.

(p) An auction liquor license shall allow the licensee to

sell and offer for sale at auction wine and spirits for use or

consumption, or for resale by an Illinois liquor licensee in

accordance with provisions of this Act. An auction liquor

license will be issued to a person and it will permit the

auction liquor licensee to hold the auction anywhere in the

State. An auction liquor license must be obtained for each

auction at least 14 days in advance of the auction date.

(q) A special use permit license shall allow an Illinois

licensed retailer to transfer a portion of its alcoholic liquor

inventory from its retail licensed premises to the premises

specified in the license hereby created, and to sell or offer

for sale at retail, only in the premises specified in the

license hereby created, the transferred alcoholic liquor for

use or consumption, but not for resale in any form. A special

use permit license may be granted for the following time

periods: one day or less; 2 or more days to a maximum of 15 days

per location in any 12 month period. An applicant for the

special use permit license must also submit with the

application proof satisfactory to the State Commission that the

applicant will provide dram shop liability insurance to the

maximum limits and have local authority approval.

(r) A winery shipper's license shall allow a person with a

first-class or second-class wine manufacturer's license, a

first-class or second-class wine-maker's license, or a limited

wine manufacturer's license or who is licensed to make wine

under the laws of another state to ship wine made by that

licensee directly to a resident of this State who is 21 years

of age or older for that resident's personal use and not for

resale. Prior to receiving a winery shipper's license, an

applicant for the license must provide the Commission with a

true copy of its current license in any state in which it is

licensed as a manufacturer of wine. An applicant for a winery

shipper's license must also complete an application form that

provides any other information the Commission deems necessary.

The application form shall include an acknowledgement

consenting to the jurisdiction of the Commission, the Illinois

Department of Revenue, and the courts of this State concerning

the enforcement of this Act and any related laws, rules, and

regulations, including authorizing the Department of Revenue

and the Commission to conduct audits for the purpose of

ensuring compliance with Public Act 95-634 this amendatory Act.

A winery shipper licensee must pay to the Department of

Revenue the State liquor gallonage tax under Section 8-1 for

all wine that is sold by the licensee and shipped to a person

in this State. For the purposes of Section 8-1, a winery

shipper licensee shall be taxed in the same manner as a

manufacturer of wine. A licensee who is not otherwise required

to register under the Retailers' Occupation Tax Act must

register under the Use Tax Act to collect and remit use tax to

the Department of Revenue for all gallons of wine that are sold

by the licensee and shipped to persons in this State. If a

licensee fails to remit the tax imposed under this Act in

accordance with the provisions of Article VIII of this Act, the

winery shipper's license shall be revoked in accordance with

the provisions of Article VII of this Act. If a licensee fails

to properly register and remit tax under the Use Tax Act or the

Retailers' Occupation Tax Act for all wine that is sold by the

winery shipper and shipped to persons in this State, the winery

shipper's license shall be revoked in accordance with the

provisions of Article VII of this Act.

A winery shipper licensee must collect, maintain, and

submit to the Commission on a semi-annual basis the total

number of cases per resident of wine shipped to residents of

this State. A winery shipper licensed under this subsection (r)

must comply with the requirements of Section 6-29 of this

amendatory Act.

Pursuant to paragraph (5.1) or (5.3) of subsection (a) of

Section 3-12, the State Commission may receive, respond to, and

investigate any complaint and impose any of the remedies

specified in paragraph (1) of subsection (a) of Section 3-12.

(Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13;

98-756, eff. 7-16-14; 99-448, eff. 8-24-15; revised 10-27-15.)

(235 ILCS 5/6-4) (from Ch. 43, par. 121)

Sec. 6-4. (a) No person licensed by any licensing authority

as a distiller, or a wine manufacturer, or any subsidiary or

affiliate thereof, or any officer, associate, member, partner,

representative, employee, agent or shareholder owning more

than 5% of the outstanding shares of such person shall be

issued an importing distributor's or distributor's license,

nor shall any person licensed by any licensing authority as an

importing distributor, distributor or retailer, or any

subsidiary or affiliate thereof, or any officer or associate,

member, partner, representative, employee, agent or

shareholder owning more than 5% of the outstanding shares of

such person be issued a distiller's license or a wine

manufacturer's license; and no person or persons licensed as a

distiller by any licensing authority shall have any interest,

directly or indirectly, with such distributor or importing

distributor.

However, an importing distributor or distributor, which on

January 1, 1985 is owned by a brewer, or any subsidiary or

affiliate thereof or any officer, associate, member, partner,

representative, employee, agent or shareholder owning more

than 5% of the outstanding shares of the importing distributor

or distributor referred to in this paragraph, may own or

acquire an ownership interest of more than 5% of the

outstanding shares of a wine manufacturer and be issued a wine

manufacturer's license by any licensing authority.

(b) The foregoing provisions shall not apply to any person

licensed by any licensing authority as a distiller or wine

manufacturer, or to any subsidiary or affiliate of any

distiller or wine manufacturer who shall have been heretofore

licensed by the State Commission as either an importing

distributor or distributor during the annual licensing period

expiring June 30, 1947, and shall actually have made sales

regularly to retailers.

(c) Provided, however, that in such instances where a

distributor's or importing distributor's license has been

issued to any distiller or wine manufacturer or to any

subsidiary or affiliate of any distiller or wine manufacturer

who has, during the licensing period ending June 30, 1947, sold

or distributed as such licensed distributor or importing

distributor alcoholic liquors and wines to retailers, such

distiller or wine manufacturer or any subsidiary or affiliate

of any distiller or wine manufacturer holding such

distributor's or importing distributor's license may continue

to sell or distribute to retailers such alcoholic liquors and

wines which are manufactured, distilled, processed or marketed

by distillers and wine manufacturers whose products it sold or

distributed to retailers during the whole or any part of its

licensing periods; and such additional brands and additional

products may be added to the line of such distributor or

importing distributor, provided, that such brands and such

products were not sold or distributed by any distributor or

importing distributor licensed by the State Commission during

the licensing period ending June 30, 1947, but can not sell or

distribute to retailers any other alcoholic liquors or wines.

(d) It shall be unlawful for any distiller licensed

anywhere to have any stock ownership or interest in any

distributor's or importing distributor's license wherein any

other person has an interest therein who is not a distiller and

does not own more than 5% of any stock in any distillery.

Nothing herein contained shall apply to such distillers or

their subsidiaries or affiliates, who had a distributor's or

importing distributor's license during the licensing period

ending June 30, 1947, which license was owned in whole by such

distiller, or subsidiaries or affiliates of such distiller.

(e) Any person licensed as a brewer, class 1 brewer, or

class 2 brewer shall be permitted to sell on the licensed

premises to non-licensees for on or off-premises consumption

for the premises in which he or she actually conducts such

business beer manufactured by the brewer, class 1 brewer, or

class 2 brewer. Such sales shall be limited to on-premises,

in-person sales only, for lawful consumption on or off

premises. Such authorization shall be considered a privilege

granted by the brewer license and, other than a manufacturer of

beer as stated above, no manufacturer or distributor or

importing distributor, excluding airplane licensees exercising

powers provided in paragraph (i) of Section 5-1 of this Act, or

any subsidiary or affiliate thereof, or any officer, associate,

member, partner, representative, employee or agent, or

shareholder shall be issued a retailer's license, nor shall any

person having a retailer's license, excluding airplane

licensees exercising powers provided in paragraph (i) of

Section 5-1 of this Act, or any subsidiary or affiliate

thereof, or any officer, associate, member, partner,

representative or agent, or shareholder be issued a

manufacturer's license or importing distributor's license.

A person who holds a class 1 or class 2 brewer license and

is authorized by this Section to sell beer to non-licensees

shall not sell beer to non-licensees from more than 3 total

brewer or commonly owned brew pub licensed locations in this

State. The class 1 or class 2 brewer shall designate to the

State Commission the brewer or brew pub locations from which it

will sell beer to non-licensees.

A person licensed as a craft distiller not affiliated with

any other person manufacturing spirits may be authorized by the

Commission to sell up to 2,500 gallons of spirits produced by

the person to non-licensees for on or off-premises consumption

for the premises in which he or she actually conducts business

permitting only the retail sale of spirits manufactured at such

premises. Such sales shall be limited to on-premises, in-person

sales only, for lawful consumption on or off premises, and such

authorization shall be considered a privilege granted by the

craft distiller license. A craft distiller licensed for retail

sale shall secure liquor liability insurance coverage in an

amount at least equal to the maximum liability amounts set

forth in subsection (a) of Section 6-21 of this Act.

(f) (Blank).

(g) Notwithstanding any of the foregoing prohibitions, a

limited wine manufacturer may sell at retail at its

manufacturing site for on or off premises consumption and may

sell to distributors. A limited wine manufacturer licensee

shall secure liquor liability insurance coverage in an amount

at least equal to the maximum liability amounts set forth in

subsection (a) of Section 6-21 of this Act.

(h) The changes made to this Section by Public Act 99-47

this amendatory Act of the 99th General Assembly shall not

diminish or impair the rights of any person, whether a

distiller, wine manufacturer, agent, or affiliate thereof, who

requested in writing and submitted documentation to the State

Commission on or before February 18, 2015 to be approved for a

retail license pursuant to what has heretofore been subsection

(f); provided that, on or before that date, the State

Commission considered the intent of that person to apply for

the retail license under that subsection and, by recorded vote,

the State Commission approved a resolution indicating that such

a license application could be lawfully approved upon that

person duly filing a formal application for a retail license

and if that person, within 90 days of the State Commission

appearance and recorded vote, first filed an application with

the appropriate local commission, which application was

subsequently approved by the appropriate local commission

prior to consideration by the State Commission of that person's

application for a retail license. It is further provided that

the State Commission may approve the person's application for a

retail license or renewals of such license if such person

continues to diligently adhere to all representations made in

writing to the State Commission on or before February 18, 2015,

or thereafter, or in the affidavit filed by that person with

the State Commission to support the issuance of a retail

license and to abide by all applicable laws and duly adopted

rules.

(Source: P.A. 99-47, eff. 7-15-15; 99-448, eff. 8-24-15;

revised 10-30-15.)

(235 ILCS 5/6-11)

Sec. 6-11. Sale near churches, schools, and hospitals.

(a) No license shall be issued for the sale at retail of

any alcoholic liquor within 100 feet of any church, school

other than an institution of higher learning, hospital, home

for aged or indigent persons or for veterans, their spouses or

children or any military or naval station, provided, that this

prohibition shall not apply to hotels offering restaurant

service, regularly organized clubs, or to restaurants, food

shops or other places where sale of alcoholic liquors is not

the principal business carried on if the place of business so

exempted is not located in a municipality of more than 500,000

persons, unless required by local ordinance; nor to the renewal

of a license for the sale at retail of alcoholic liquor on

premises within 100 feet of any church or school where the

church or school has been established within such 100 feet

since the issuance of the original license. In the case of a

church, the distance of 100 feet shall be measured to the

nearest part of any building used for worship services or

educational programs and not to property boundaries.

(b) Nothing in this Section shall prohibit the issuance of

a retail license authorizing the sale of alcoholic liquor to a

restaurant, the primary business of which is the sale of goods

baked on the premises if (i) the restaurant is newly

constructed and located on a lot of not less than 10,000 square

feet, (ii) the restaurant costs at least $1,000,000 to

construct, (iii) the licensee is the titleholder to the

premises and resides on the premises, and (iv) the construction

of the restaurant is completed within 18 months of July 10,

1998 (the effective date of Public Act 90-617) this amendatory

Act of 1998.

(c) Nothing in this Section shall prohibit the issuance of

a retail license authorizing the sale of alcoholic liquor

incidental to a restaurant if (1) the primary business of the

restaurant consists of the sale of food where the sale of

liquor is incidental to the sale of food and the applicant is a

completely new owner of the restaurant, (2) the immediately

prior owner or operator of the premises where the restaurant is

located operated the premises as a restaurant and held a valid

retail license authorizing the sale of alcoholic liquor at the

restaurant for at least part of the 24 months before the change

of ownership, and (3) the restaurant is located 75 or more feet

from a school.

(d) In the interest of further developing Illinois' economy

in the area of commerce, tourism, convention, and banquet

business, nothing in this Section shall prohibit issuance of a

retail license authorizing the sale of alcoholic beverages to a

restaurant, banquet facility, grocery store, or hotel having

not fewer than 150 guest room accommodations located in a

municipality of more than 500,000 persons, notwithstanding the

proximity of such hotel, restaurant, banquet facility, or

grocery store to any church or school, if the licensed premises

described on the license are located within an enclosed mall or

building of a height of at least 6 stories, or 60 feet in the

case of a building that has been registered as a national

landmark, or in a grocery store having a minimum of 56,010

square feet of floor space in a single story building in an

open mall of at least 3.96 acres that is adjacent to a public

school that opened as a boys technical high school in 1934, or

in a grocery store having a minimum of 31,000 square feet of

floor space in a single story building located a distance of

more than 90 feet but less than 100 feet from a high school

that opened in 1928 as a junior high school and became a senior

high school in 1933, and in each of these cases if the sale of

alcoholic liquors is not the principal business carried on by

the licensee.

For purposes of this Section, a "banquet facility" is any

part of a building that caters to private parties and where the

sale of alcoholic liquors is not the principal business.

(e) Nothing in this Section shall prohibit the issuance of

a license to a church or private school to sell at retail

alcoholic liquor if any such sales are limited to periods when

groups are assembled on the premises solely for the promotion

of some common object other than the sale or consumption of

alcoholic liquors.

(f) Nothing in this Section shall prohibit a church or

church affiliated school located in a home rule municipality or

in a municipality with 75,000 or more inhabitants from locating

within 100 feet of a property for which there is a preexisting

license to sell alcoholic liquor at retail. In these instances,

the local zoning authority may, by ordinance adopted

simultaneously with the granting of an initial special use

zoning permit for the church or church affiliated school,

provide that the 100-foot restriction in this Section shall not

apply to that church or church affiliated school and future

retail liquor licenses.

(g) Nothing in this Section shall prohibit the issuance of

a retail license authorizing the sale of alcoholic liquor at

premises within 100 feet, but not less than 90 feet, of a

public school if (1) the premises have been continuously

licensed to sell alcoholic liquor for a period of at least 50

years, (2) the premises are located in a municipality having a

population of over 500,000 inhabitants, (3) the licensee is an

individual who is a member of a family that has held the

previous 3 licenses for that location for more than 25 years,

(4) the principal of the school and the alderman of the ward in

which the school is located have delivered a written statement

to the local liquor control commissioner stating that they do

not object to the issuance of a license under this subsection

(g), and (5) the local liquor control commissioner has received

the written consent of a majority of the registered voters who

live within 200 feet of the premises.

(h) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within premises and at an outdoor patio area attached to

premises that are located in a municipality with a population

in excess of 300,000 inhabitants and that are within 100 feet

of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food,

(2) the sale of liquor is not the principal business

carried on by the licensee at the premises,

(3) the premises are less than 1,000 square feet,

(4) the premises are owned by the University of

Illinois,

(5) the premises are immediately adjacent to property

owned by a church and are not less than 20 nor more than 40

feet from the church space used for worship services, and

(6) the principal religious leader at the place of

worship has indicated his or her support for the issuance

of the license in writing.

(i) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at a premises

that is located within a municipality with a population in

excess of 300,000 inhabitants and is within 100 feet of a

church, synagogue, or other place of worship if:

(1) the primary entrance of the premises and the

primary entrance of the church, synagogue, or other place

of worship are at least 100 feet apart, on parallel

streets, and separated by an alley; and

(2) the principal religious leader at the place of

worship has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(j) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

of a retail license authorizing the sale of alcoholic liquor at

a theater that is within 100 feet of a church if (1) the church

owns the theater, (2) the church leases the theater to one or

more entities, and (3) the theater is used by at least 5

different not-for-profit theater groups.

(k) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a school if:

(1) the primary entrance of the premises and the

primary entrance of the school are parallel, on different

streets, and separated by an alley;

(2) the southeast corner of the premises are at least

350 feet from the southwest corner of the school;

(3) the school was built in 1978;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(5) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(6) the applicant is the owner of the restaurant and

has held a valid license authorizing the sale of alcoholic

liquor for the business to be conducted on the premises at

a different location for more than 7 years; and

(7) the premises is at least 2,300 square feet and sits

on a lot that is between 6,100 and 6,150 square feet.

(l) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a church or school if:

(1) the primary entrance of the premises and the

closest entrance of the church or school is at least 90

feet apart and no greater than 95 feet apart;

(2) the shortest distance between the premises and the

church or school is at least 80 feet apart and no greater

than 85 feet apart;

(3) the applicant is the owner of the restaurant and on

November 15, 2006 held a valid license authorizing the sale

of alcoholic liquor for the business to be conducted on the

premises for at least 14 different locations;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(5) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(6) the premises is at least 3,200 square feet and sits

on a lot that is between 7,150 and 7,200 square feet; and

(7) the principal religious leader at the place of

worship has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(m) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a church if:

(1) the premises and the church are perpendicular, and

the primary entrance of the premises faces South while the

primary entrance of the church faces West and the distance

between the two entrances is more than 100 feet;

(2) the shortest distance between the premises lot line

and the exterior wall of the church is at least 80 feet;

(3) the church was established at the current location

in 1916 and the present structure was erected in 1925;

(4) the premises is a single story, single use building

with at least 1,750 square feet and no more than 2,000

square feet;

(5) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(6) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises; and

(7) the principal religious leader at the place of

worship has not indicated his or her opposition to the

issuance or renewal of the license in writing.

(n) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a school if:

(1) the school is a City of Chicago School District 299

school;

(2) the school is located within subarea E of City of

Chicago Residential Business Planned Development Number

70;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(4) the sale of alcoholic liquor at the premises is

incidental to the sale of food; and

(5) the administration of City of Chicago School

District 299 has expressed, in writing, its support for the

issuance of the license.

(o) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a retail license authorizing the sale of

alcoholic liquor at a premises that is located within a

municipality in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the premises is located on a street that runs

perpendicular to the street on which the church is located;

(4) the primary entrance of the premises is at least

100 feet from the primary entrance of the church;

(5) the shortest distance between any part of the

premises and any part of the church is at least 60 feet;

(6) the premises is between 3,600 and 4,000 square feet

and sits on a lot that is between 3,600 and 4,000 square

feet; and

(7) the premises was built in the year 1909.

For purposes of this subsection (o), "premises" means a

place of business together with a privately owned outdoor

location that is adjacent to the place of business.

(p) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the shortest distance between the backdoor of the

premises, which is used as an emergency exit, and the

church is at least 80 feet;

(2) the church was established at the current location

in 1889; and

(3) liquor has been sold on the premises since at least

1985.

(q) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a premises that is located in a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church-owned property if:

(1) the premises is located within a larger building

operated as a grocery store;

(2) the area of the premises does not exceed 720 square

feet and the area of the larger building exceeds 18,000

square feet;

(3) the larger building containing the premises is

within 100 feet of the nearest property line of a

church-owned property on which a church-affiliated school

is located;

(4) the sale of liquor is not the principal business

carried on within the larger building;

(5) the primary entrance of the larger building and the

premises and the primary entrance of the church-affiliated

school are on different, parallel streets, and the distance

between the 2 primary entrances is more than 100 feet;

(6) the larger building is separated from the

church-owned property and church-affiliated school by an

alley;

(7) the larger building containing the premises and the

church building front are on perpendicular streets and are

separated by a street; and

(8) (Blank).

(r) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance,

renewal, or maintenance of a license authorizing the sale of

alcoholic liquor incidental to the sale of food within a

restaurant established in a premises that is located in a

municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church if:

(1) the primary entrance of the church and the primary

entrance of the restaurant are at least 100 feet apart;

(2) the restaurant has operated on the ground floor and

lower level of a multi-story, multi-use building for more

than 40 years;

(3) the primary business of the restaurant consists of

the sale of food where the sale of liquor is incidental to

the sale of food;

(4) the sale of alcoholic liquor is conducted primarily

in the below-grade level of the restaurant to which the

only public access is by a staircase located inside the

restaurant; and

(5) the restaurant has held a license authorizing the

sale of alcoholic liquor on the premises for more than 40

years.

(s) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit renewal of a

license authorizing the sale of alcoholic liquor at a premises

that is located within a municipality with a population more

than 5,000 and less than 10,000 and is within 100 feet of a

church if:

(1) the church was established at the location within

100 feet of the premises after a license for the sale of

alcoholic liquor at the premises was first issued;

(2) a license for sale of alcoholic liquor at the

premises was first issued before January 1, 2007; and

(3) a license for the sale of alcoholic liquor on the

premises has been continuously in effect since January 1,

2007, except for interruptions between licenses of no more

than 90 days.

(t) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor incidental to the sale of food within a restaurant that

is established in a premises that is located in a municipality

with a population in excess of 1,000,000 inhabitants and within

100 feet of a school and a church if:

(1) the restaurant is located inside a five-story

building with over 16,800 square feet of commercial space;

(2) the area of the premises does not exceed 31,050

square feet;

(3) the area of the restaurant does not exceed 5,800

square feet;

(4) the building has no less than 78 condominium units;

(5) the construction of the building in which the

restaurant is located was completed in 2006;

(6) the building has 10 storefront properties, 3 of

which are used for the restaurant;

(7) the restaurant will open for business in 2010;

(8) the building is north of the school and separated

by an alley; and

(9) the principal religious leader of the church and

either the alderman of the ward in which the school is

located or the principal of the school have delivered a

written statement to the local liquor control commissioner

stating that he or she does not object to the issuance of a

license under this subsection (t).

(u) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at a premises

that is located within a municipality with a population in

excess of 1,000,000 inhabitants and within 100 feet of a school

if:

(1) the premises operates as a restaurant and has been

in operation since February 2008;

(2) the applicant is the owner of the premises;

(3) the sale of alcoholic liquor is incidental to the

sale of food;

(4) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(5) the premises occupy the first floor of a 3-story

building that is at least 90 years old;

(6) the rear lot of the school and the rear corner of

the building that the premises occupy are separated by an

alley;

(7) the distance from the southwest corner of the

property line of the school and the northeast corner of the

building that the premises occupy is at least 16 feet, 5

inches;

(8) the distance from the rear door of the premises to

the southwest corner of the property line of the school is

at least 93 feet;

(9) the school is a City of Chicago School District 299

school;

(10) the school's main structure was erected in 1902

and an addition was built to the main structure in 1959;

and

(11) the principal of the school and the alderman in

whose district the premises are located have expressed, in

writing, their support for the issuance of the license.

(v) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and is within

100 feet of a school if:

(1) the total land area of the premises for which the

license or renewal is sought is more than 600,000 square

feet;

(2) the premises for which the license or renewal is

sought has more than 600 parking stalls;

(3) the total area of all buildings on the premises for

which the license or renewal is sought exceeds 140,000

square feet;

(4) the property line of the premises for which the

license or renewal is sought is separated from the property

line of the school by a street;

(5) the distance from the school's property line to the

property line of the premises for which the license or

renewal is sought is at least 60 feet;

(6) as of June 14, 2011 (the effective date of Public

Act 97-9) this amendatory Act of the 97th General Assembly,

the premises for which the license or renewal is sought is

located in the Illinois Medical District.

(w) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at a premises

that is located within a municipality with a population in

excess of 1,000,000 inhabitants and within 100 feet of a church

if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the premises occupy the first floor and basement of

a 2-story building that is 106 years old;

(4) the premises is at least 7,000 square feet and

located on a lot that is at least 11,000 square feet;

(5) the premises is located directly west of the

church, on perpendicular streets, and separated by an

alley;

(6) the distance between the property line of the

premises and the property line of the church is at least 20

feet;

(7) the distance between the primary entrance of the

premises and the primary entrance of the church is at least

130 feet; and

(8) the church has been at its location for at least 40

years.

(x) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the church has been operating in its current

location since 1973;

(3) the premises has been operating in its current

location since 1988;

(4) the church and the premises are owned by the same

parish;

(5) the premises is used for cultural and educational

purposes;

(6) the primary entrance to the premises and the

primary entrance to the church are located on the same

street;

(7) the principal religious leader of the church has

indicated his support of the issuance of the license;

(8) the premises is a 2-story building of approximately

23,000 square feet; and

(9) the premises houses a ballroom on its ground floor

of approximately 5,000 square feet.

(y) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(3) according to the municipality, the distance

between the east property line of the premises and the west

property line of the school is 97.8 feet;

(4) the school is a City of Chicago School District 299

school;

(5) the school has been operating since 1959;

(6) the primary entrance to the premises and the

primary entrance to the school are located on the same

street;

(7) the street on which the entrances of the premises

and the school are located is a major diagonal

thoroughfare;

(8) the premises is a single-story building of

approximately 2,900 square feet; and

(9) the premises is used for commercial purposes only.

(z) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a mosque if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at

the premises;

(3) the licensee is a national retail chain having over

100 locations within the municipality;

(4) the licensee has over 8,000 locations nationwide;

(5) the licensee has locations in all 50 states;

(6) the premises is located in the North-East quadrant

of the municipality;

(7) the premises is a free-standing building that has

"drive-through" pharmacy service;

(8) the premises has approximately 14,490 square feet

of retail space;

(9) the premises has approximately 799 square feet of

pharmacy space;

(10) the premises is located on a major arterial street

that runs east-west and accepts truck traffic; and

(11) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(aa) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at

the premises;

(3) the licensee is a national retail chain having over

100 locations within the municipality;

(4) the licensee has over 8,000 locations nationwide;

(5) the licensee has locations in all 50 states;

(6) the premises is located in the North-East quadrant

of the municipality;

(7) the premises is located across the street from a

national grocery chain outlet;

(8) the premises has approximately 16,148 square feet

of retail space;

(9) the premises has approximately 992 square feet of

pharmacy space;

(10) the premises is located on a major arterial street

that runs north-south and accepts truck traffic; and

(11) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(bb) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(3) the primary entrance to the premises and the

primary entrance to the church are located on the same

street;

(4) the premises is across the street from the church;

(5) the street on which the premises and the church are

located is a major arterial street that runs east-west;

(6) the church is an elder-led and Bible-based Assyrian

church;

(7) the premises and the church are both single-story

buildings;

(8) the storefront directly west of the church is being

used as a restaurant; and

(9) the distance between the northern-most property

line of the premises and the southern-most property line of

the church is 65 feet.

(cc) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors at

the premises;

(3) the licensee is a national retail chain;

(4) as of October 25, 2011, the licensee has 1,767

stores operating nationwide, 87 stores operating in the

State, and 10 stores operating within the municipality;

(5) the licensee shall occupy approximately 124,000

square feet of space in the basement and first and second

floors of a building located across the street from a

school;

(6) the school opened in August of 2009 and occupies

approximately 67,000 square feet of space; and

(7) the building in which the premises shall be located

has been listed on the National Register of Historic Places

since April 17, 1970.

(dd) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at a premises that

is located within a municipality with a population in excess of

1,000,000 inhabitants and is within 100 feet of a school if:

(1) the premises is constructed on land that was

purchased from the municipality at a fair market price;

(2) the premises is constructed on land that was

previously used as a parking facility for public safety

employees;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(4) the main entrance to the store is more than 100

feet from the main entrance to the school;

(5) the premises is to be new construction;

(6) the school is a private school;

(7) the principal of the school has given written

approval for the license;

(8) the alderman of the ward where the premises is

located has given written approval of the issuance of the

license;

(9) the grocery store level of the premises is between

60,000 and 70,000 square feet; and

(10) the owner and operator of the grocery store

operates 2 other grocery stores that have alcoholic liquor

licenses within the same municipality.

(ee) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at a premises that

is located within a municipality with a population in excess of

1,000,000 inhabitants and is within 100 feet of a school if:

(1) the premises is constructed on land that once

contained an industrial steel facility;

(2) the premises is located on land that has undergone

environmental remediation;

(3) the premises is located within a retail complex

containing retail stores where some of the stores sell

alcoholic beverages;

(4) the principal activity of any restaurant in the

retail complex is the sale of food, and the sale of

alcoholic liquor is incidental to the sale of food;

(5) the sale of alcoholic liquor is not the principal

business carried on by the grocery store;

(6) the entrance to any business that sells alcoholic

liquor is more than 100 feet from the entrance to the

school;

(7) the alderman of the ward where the premises is

located has given written approval of the issuance of the

license; and

(8) the principal of the school has given written

consent to the issuance of the license.

(ff) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a theater;

(3) the premises is a one and one-half-story building

of approximately 10,000 square feet;

(4) the school is a City of Chicago School District 299

school;

(5) the primary entrance of the premises and the

primary entrance of the school are at least 300 feet apart

and no more than 400 feet apart;

(6) the alderman of the ward in which the premises is

located has expressed, in writing, his support for the

issuance of the license; and

(7) the principal of the school has expressed, in

writing, that there is no objection to the issuance of a

license under this subsection (ff).

(gg) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor incidental to the sale of food within a restaurant or

banquet facility established in a premises that is located in a

municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the property on which the church is located and the

property on which the premises are located are both within

a district originally listed on the National Register of

Historic Places on February 14, 1979;

(3) the property on which the premises are located

contains one or more multi-story buildings that are at

least 95 years old and have no more than three stories;

(4) the building in which the church is located is at

least 120 years old;

(5) the property on which the church is located is

immediately adjacent to and west of the property on which

the premises are located;

(6) the western boundary of the property on which the

premises are located is no less than 118 feet in length and

no more than 122 feet in length;

(7) as of December 31, 2012, both the church property

and the property on which the premises are located are

within 250 feet of City of Chicago Business-Residential

Planned Development Number 38;

(8) the principal religious leader at the place of

worship has indicated his or her support for the issuance

of the license in writing; and

(9) the alderman in whose district the premises are

located has expressed his or her support for the issuance

of the license in writing.

For the purposes of this subsection, "banquet facility"

means the part of the building that is located on the floor

above a restaurant and caters to private parties and where the

sale of alcoholic liquors is not the principal business.

(hh) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a hotel and at an outdoor patio area attached to

the hotel that are located in a municipality with a population

in excess of 1,000,000 inhabitants and that are within 100 feet

of a hospital if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the hotel;

(2) the hotel is located within the City of Chicago

Business Planned Development Number 468; and

(3) the hospital is located within the City of Chicago

Institutional Planned Development Number 3.

(ii) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a restaurant and at an outdoor patio area

attached to the restaurant that are located in a municipality

with a population in excess of 1,000,000 inhabitants and that

are within 100 feet of a church if:

(1) the sale of alcoholic liquor at the premises is not

the principal business carried on by the licensee and is

incidental to the sale of food;

(2) the restaurant has been operated on the street

level of a 2-story building located on a corner lot since

2008;

(3) the restaurant is between 3,700 and 4,000 square

feet and sits on a lot that is no more than 6,200 square

feet;

(4) the primary entrance to the restaurant and the

primary entrance to the church are located on the same

street;

(5) the street on which the restaurant and the church

are located is a major east-west street;

(6) the restaurant and the church are separated by a

one-way northbound street;

(7) the church is located to the west of and no more

than 65 feet from the restaurant; and

(8) the principal religious leader at the place of

worship has indicated his or her consent to the issuance of

the license in writing.

(jj) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is incidental to the

sale of food;

(3) the premises are located east of the church, on

perpendicular streets, and separated by an alley;

(4) the distance between the primary entrance of the

premises and the primary entrance of the church is at least

175 feet;

(5) the distance between the property line of the

premises and the property line of the church is at least 40

feet;

(6) the licensee has been operating at the premises

since 2012;

(7) the church was constructed in 1904;

(8) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license; and

(9) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(jj).

(kk) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors on

the premises;

(3) the licensee is a national retail chain;

(4) as of February 27, 2013, the licensee had 1,778

stores operating nationwide, 89 operating in this State,

and 11 stores operating within the municipality;

(5) the licensee shall occupy approximately 169,048

square feet of space within a building that is located

across the street from a tuition-based preschool; and

(6) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(ll) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the licensee shall only sell packaged liquors on

the premises;

(3) the licensee is a national retail chain;

(4) as of February 27, 2013, the licensee had 1,778

stores operating nationwide, 89 operating in this State,

and 11 stores operating within the municipality;

(5) the licensee shall occupy approximately 191,535

square feet of space within a building that is located

across the street from an elementary school; and

(6) the alderman of the ward in which the premises is

located has expressed, in writing, his or her support for

the issuance of the license.

(mm) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within premises and at an outdoor patio or sidewalk

cafe, or both, attached to premises that are located in a

municipality with a population in excess of 1,000,000

inhabitants and that are within 100 feet of a hospital if:

(1) the primary business of the restaurant consists of

the sale of food where the sale of liquor is incidental to

the sale of food;

(2) as a restaurant, the premises may or may not offer

catering as an incidental part of food service;

(3) the primary business of the restaurant is conducted

in space owned by a hospital or an entity owned or

controlled by, under common control with, or that controls

a hospital, and the chief hospital administrator has

expressed his or her support for the issuance of the

license in writing; and

(4) the hospital is an adult acute care facility

primarily located within the City of Chicago Institutional

Planned Development Number 3.

(nn) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried out on the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a theater;

(3) the premises are a building that was constructed in

1913 and opened on May 24, 1915 as a vaudeville theater,

and the premises were converted to a motion picture theater

in 1935;

(4) the church was constructed in 1889 with a stone

exterior;

(5) the primary entrance of the premises and the

primary entrance of the church are at least 100 feet apart;

and

(6) the principal religious leader at the place of

worship has indicated his or her consent to the issuance of

the license in writing; and

(7) the alderman in whose ward the premises are located

has expressed his or her support for the issuance of the

license in writing.

(oo) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at a premises that is located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a mosque, church, or other place of worship if:

(1) the primary entrance of the premises and the

primary entrance of the mosque, church, or other place of

worship are perpendicular and are on different streets;

(2) the primary entrance to the premises faces West and

the primary entrance to the mosque, church, or other place

of worship faces South;

(3) the distance between the 2 primary entrances is at

least 100 feet;

(4) the mosque, church, or other place of worship was

established in a location within 100 feet of the premises

after a license for the sale of alcohol at the premises was

first issued;

(5) the mosque, church, or other place of worship was

established on or around January 1, 2011;

(6) a license for the sale of alcohol at the premises

was first issued on or before January 1, 1985;

(7) a license for the sale of alcohol at the premises

has been continuously in effect since January 1, 1985,

except for interruptions between licenses of no more than

90 days; and

(8) the premises are a single-story, single-use

building of at least 3,000 square feet and no more than

3,380 square feet.

(pp) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor incidental to the sale of food within a restaurant or

banquet facility established on premises that are located in a

municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of at least one church if:

(1) the sale of liquor shall not be the principal

business carried on by the licensee at the premises;

(2) the premises are at least 2,000 square feet and no

more than 10,000 square feet and is located in a

single-story building;

(3) the property on which the premises are located is

within an area that, as of 2009, was designated as a

Renewal Community by the United States Department of

Housing and Urban Development;

(4) the property on which the premises are located and

the properties on which the churches are located are on the

same street;

(5) the property on which the premises are located is

immediately adjacent to and east of the property on which

at least one of the churches is located;

(6) the property on which the premises are located is

across the street and southwest of the property on which

another church is located;

(7) the principal religious leaders of the churches

have indicated their support for the issuance of the

license in writing; and

(8) the alderman in whose ward the premises are located

has expressed his or her support for the issuance of the

license in writing.

For purposes of this subsection (pp), "banquet facility"

means the part of the building that caters to private parties

and where the sale of alcoholic liquors is not the principal

business.

(qq) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor on premises that are located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church or school if:

(1) the primary entrance of the premises and the

closest entrance of the church or school are at least 200

feet apart and no greater than 300 feet apart;

(2) the shortest distance between the premises and the

church or school is at least 66 feet apart and no greater

than 81 feet apart;

(3) the premises are a single-story, steel-framed

commercial building with at least 18,042 square feet, and

was constructed in 1925 and 1997;

(4) the owner of the business operated within the

premises has been the general manager of a similar

supermarket within one mile from the premises, which has

had a valid license authorizing the sale of alcoholic

liquor since 2002, and is in good standing with the City of

Chicago;

(5) the principal religious leader at the place of

worship has indicated his or her support to the issuance or

renewal of the license in writing;

(6) the alderman of the ward has indicated his or her

support to the issuance or renewal of the license in

writing; and

(7) the principal of the school has indicated his or

her support to the issuance or renewal of the license in

writing.

(rr) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a club that leases space to a school if:

(1) the sale of alcoholic liquor is not the principal

business carried out on the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a grocery store;

(3) the premises are a building of approximately 1,750

square feet and is rented by the owners of the grocery

store from a family member;

(4) the property line of the premises is approximately

68 feet from the property line of the club;

(5) the primary entrance of the premises and the

primary entrance of the club where the school leases space

are at least 100 feet apart;

(6) the director of the club renting space to the

school has indicated his or her consent to the issuance of

the license in writing; and

(7) the alderman in whose district the premises are

located has expressed his or her support for the issuance

of the license in writing.

(ss) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are located within a 15 unit building

with 13 residential apartments and 2 commercial spaces, and

the licensee will occupy both commercial spaces;

(2) a restaurant has been operated on the premises

since June 2011;

(3) the restaurant currently occupies 1,075 square

feet, but will be expanding to include 975 additional

square feet;

(4) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(5) the premises are located south of the church and on

the same street and are separated by a one-way westbound

street;

(6) the primary entrance of the premises is at least 93

feet from the primary entrance of the church;

(7) the shortest distance between any part of the

premises and any part of the church is at least 72 feet;

(8) the building in which the restaurant is located was

built in 1910;

(9) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license; and

(10) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(ss).

(tt) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is incidental to the

sale of food;

(3) the sale of alcoholic liquor at the premises was

previously authorized by a package goods liquor license;

(4) the premises are at least 40,000 square feet with

25 parking spaces in the contiguous surface lot to the

north of the store and 93 parking spaces on the roof;

(5) the shortest distance between the lot line of the

parking lot of the premises and the exterior wall of the

church is at least 80 feet;

(6) the distance between the building in which the

church is located and the building in which the premises

are located is at least 180 feet;

(7) the main entrance to the church faces west and is

at least 257 feet from the main entrance of the premises;

and

(8) the applicant is the owner of 10 similar grocery

stores within the City of Chicago and the surrounding area

and has been in business for more than 30 years.

(uu) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is incidental to the

operation of a grocery store;

(3) the premises are located in a building that is

approximately 68,000 square feet with 157 parking spaces on

property that was previously vacant land;

(4) the main entrance to the church faces west and is

at least 500 feet from the entrance of the premises, which

faces north;

(5) the church and the premises are separated by an

alley;

(6) the applicant is the owner of 9 similar grocery

stores in the City of Chicago and the surrounding area and

has been in business for more than 40 years; and

(7) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(vv) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor is primary to the sale

of food;

(3) the premises are located south of the church and on

perpendicular streets and are separated by a driveway;

(4) the primary entrance of the premises is at least

100 feet from the primary entrance of the church;

(5) the shortest distance between any part of the

premises and any part of the church is at least 15 feet;

(6) the premises are less than 100 feet from the church

center, but greater than 100 feet from the area within the

building where church services are held;

(7) the premises are 25,830 square feet and sit on a

lot that is 0.48 acres;

(8) the premises were once designated as a Korean

American Presbyterian Church and were once used as a

Masonic Temple;

(9) the premises were built in 1910;

(10) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license; and

(11) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(vv).

For the purposes of this subsection (vv), "premises" means

a place of business together with a privately owned outdoor

location that is adjacent to the place of business.

(ww) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a school if:

(1) the school is located within Sub Area III of City

of Chicago Residential-Business Planned Development Number

523, as amended; and

(2) the premises are located within Sub Area I, Sub

Area II, or Sub Area IV of City of Chicago

Residential-Business Planned Development Number 523, as

amended.

(xx) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of wine or wine-related products is the

exclusive business carried on by the licensee at the

premises;

(2) the primary entrance of the premises and the

primary entrance of the church are at least 100 feet apart

and are located on different streets;

(3) the building in which the premises are located and

the building in which the church is located are separated

by an alley;

(4) the premises consists of less than 2,000 square

feet of floor area dedicated to the sale of wine or

wine-related products;

(5) the premises are located on the first floor of a

2-story building that is at least 99 years old and has a

residential unit on the second floor; and

(6) the principal religious leader at the church has

indicated his or her support for the issuance or renewal of

the license in writing.

(yy) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are a 27-story hotel containing 191

guest rooms;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises and is

limited to a restaurant located on the first floor of the

hotel;

(3) the hotel is adjacent to the church;

(4) the site is zoned as DX-16;

(5) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(yy); and

(6) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(zz) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the premises are a 15-story hotel containing 143

guest rooms;

(2) the premises are approximately 85,691 square feet;

(3) a restaurant is operated on the premises;

(4) the restaurant is located in the first floor lobby

of the hotel;

(5) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(6) the hotel is located approximately 50 feet from the

church and is separated from the church by a public street

on the ground level and by air space on the upper level,

which is where the public entrances are located;

(7) the site is zoned as DX-16;

(8) the principal religious leader of the church has

delivered a written statement that he or she does not

object to the issuance of a license under this subsection

(zz); and

(9) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(aaa) Notwithstanding any provision in this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a school if:

(1) the sale of alcoholic liquor is not the primary

business activity of the grocery store;

(2) the premises are newly constructed on land that was

formerly used by the Young Men's Christian Association;

(3) the grocery store is located within a planned

development that was approved by the municipality in 2007;

(4) the premises are located in a multi-building,

mixed-use complex;

(5) the entrance to the grocery store is located more

than 200 feet from the entrance to the school;

(6) the entrance to the grocery store is located across

the street from the back of the school building, which is

not used for student or public access;

(7) the grocery store executed a binding lease for the

property in 2008;

(8) the premises consist of 2 levels and occupy more

than 80,000 square feet;

(9) the owner and operator of the grocery store

operates at least 10 other grocery stores that have

alcoholic liquor licenses within the same municipality;

and

(10) the director of the school has expressed, in

writing, his or her support for the issuance of the

license.

(bbb) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor at the premises is

incidental to the sale of food;

(2) the premises are located in a single-story building

of primarily brick construction containing at least 6

commercial units constructed before 1940;

(3) the premises are located in a B3-2 zoning district;

(4) the premises are less than 4,000 square feet;

(5) the church established its congregation in 1891 and

completed construction of the church building in 1990;

(6) the premises are located south of the church;

(7) the premises and church are located on the same

street and are separated by a one-way westbound street; and

(8) the principal religious leader of the church has

not indicated his or her opposition to the issuance or

renewal of the license in writing.

(ccc) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor within a full-service grocery store at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a church and school if:

(1) as of March 14, 2007, the premises are located in a

City of Chicago Residential-Business Planned Development

No. 1052;

(2) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(3) the sale of alcoholic liquor is incidental to the

operation of a grocery store and comprises no more than 10%

of the total in-store sales;

(4) the owner and operator of the grocery store

operates at least 10 other grocery stores that have

alcoholic liquor licenses within the same municipality;

(5) the premises are new construction when the license

is first issued;

(6) the constructed premises are to be no less than

50,000 square feet;

(7) the school is a private church-affiliated school;

(8) the premises and the property containing the church

and church-affiliated school are located on perpendicular

streets and the school and church are adjacent to one

another;

(9) the pastor of the church and school has expressed,

in writing, support for the issuance of the license; and

(10) the alderman of the ward in which the premises are

located has expressed, in writing, his or her support for

the issuance of the license.

(ddd) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church or school if:

(1) the business has been issued a license from the

municipality to allow the business to operate a theater on

the premises;

(2) the theater has less than 200 seats;

(3) the premises are approximately 2,700 to 3,100

square feet of space;

(4) the premises are located to the north of the

church;

(5) the primary entrance of the premises and the

primary entrance of any church within 100 feet of the

premises are located either on a different street or across

a right-of-way from the premises;

(6) the primary entrance of the premises and the

primary entrance of any school within 100 feet of the

premises are located either on a different street or across

a right-of-way from the premises;

(7) the premises are located in a building that is at

least 100 years old; and

(8) any church or school located within 100 feet of the

premises has indicated its support for the issuance or

renewal of the license to the premises in writing.

(eee) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license authorizing the sale of alcoholic

liquor at premises located within a municipality with a

population in excess of 1,000,000 inhabitants and within 100

feet of a church and school if:

(1) the sale of alcoholic liquor is incidental to the

sale of food;

(2) the sale of alcoholic liquor is not the principal

business carried on by the applicant on the premises;

(3) a family-owned restaurant has operated on the

premises since 1957;

(4) the premises occupy the first floor of a 3-story

building that is at least 90 years old;

(5) the distance between the property line of the

premises and the property line of the church is at least 20

feet;

(6) the church was established at its current location

and the present structure was erected before 1900;

(7) the primary entrance of the premises is at least 75

feet from the primary entrance of the church;

(8) the school is affiliated with the church;

(9) the principal religious leader at the place of

worship has indicated his or her support for the issuance

of the license in writing;

(10) the principal of the school has indicated in

writing that he or she is not opposed to the issuance of

the license; and

(11) the alderman of the ward in which the premises are

located has expressed, in writing, his or her lack of an

objection to the issuance of the license.

(fff) (yy) Notwithstanding any provision of this Section to

the contrary, nothing in this Section shall prohibit the

issuance or renewal of a license authorizing the sale of

alcoholic liquor at premises located within a municipality with

a population in excess of 1,000,000 inhabitants and within 100

feet of a church if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee at the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a grocery store;

(3) the premises are a one-story building containing

approximately 10,000 square feet and are rented by the

owners of the grocery store;

(4) the sale of alcoholic liquor at the premises occurs

in a retail area of the grocery store that is approximately

3,500 square feet;

(5) the grocery store has operated at the location

since 1984;

(6) the grocery store is closed on Sundays;

(7) the property on which the premises are located is a

corner lot that is bound by 3 streets and an alley, where

one street is a one-way street that runs north-south, one

street runs east-west, and one street runs

northwest-southeast;

(8) the property line of the premises is approximately

16 feet from the property line of the building where the

church is located;

(9) the premises are separated from the building

containing the church by a public alley;

(10) the primary entrance of the premises and the

primary entrance of the church are at least 100 feet apart;

(11) representatives of the church have delivered a

written statement that the church does not object to the

issuance of a license under this subsection (fff) (yy); and

(12) the alderman of the ward in which the grocery

store is located has expressed, in writing, his or her

support for the issuance of the license.

(Source: P.A. 98-274, eff. 8-9-13; 98-463, eff. 8-16-13;

98-571, eff. 8-27-13; 98-592, eff. 11-15-13; 98-1092, eff.

8-26-14; 98-1158, eff. 1-9-15; 99-46, eff. 7-15-15; 99-47, eff.

7-15-15; 99-477, eff. 8-27-15; 99-484, eff. 10-30-15; revised

11-4-15.)

Section 395. The Grain Code is amended by changing Section

15-10 as follows:

(240 ILCS 40/15-10)

Sec. 15-10. De minimis minimus violations.

(a) If a licensee commits a de minimis minimus violation of

this Code, the Director may, in his or her discretion, and

without further action, issue a warning letter to the licensee.

(b) For the purposes of this Article, a de minimis minimus

violation exists when a licensee:

(1) violates the maximum allowable speculative limits

of item (a)(2) of Section 10-10 by 1,000 bushels or less;

(2) has total grain quantity deficiency violations

that do not exceed $1,000 as determined by the formula set

forth in subsection (c) of Section 15-20; or

(3) has total grain quality deficiency violations that

do not exceed $1,000 as determined by the formula set forth

in subsection (d) of Section 15-20.

(Source: P.A. 89-287, eff. 1-1-96; revised 10-21-15.)

Section 400. The Illinois Public Aid Code is amended by

changing Sections 5-5, 5-5e, 5-16.8, 5-30, 10-25, and 10-25.5

as follows:

(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)

(Text of Section before amendment by P.A. 99-407)

Sec. 5-5. Medical services. The Illinois Department, by

rule, shall determine the quantity and quality of and the rate

of reimbursement for the medical assistance for which payment

will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient

hospital services; (2) outpatient hospital services; (3) other

laboratory and X-ray services; (4) skilled nursing home

services; (5) physicians' services whether furnished in the

office, the patient's home, a hospital, a skilled nursing home,

or elsewhere; (6) medical care, or any other type of remedial

care furnished by licensed practitioners; (7) home health care

services; (8) private duty nursing service; (9) clinic

services; (10) dental services, including prevention and

treatment of periodontal disease and dental caries disease for

pregnant women, provided by an individual licensed to practice

dentistry or dental surgery; for purposes of this item (10),

"dental services" means diagnostic, preventive, or corrective

procedures provided by or under the supervision of a dentist in

the practice of his or her profession; (11) physical therapy

and related services; (12) prescribed drugs, dentures, and

prosthetic devices; and eyeglasses prescribed by a physician

skilled in the diseases of the eye, or by an optometrist,

whichever the person may select; (13) other diagnostic,

screening, preventive, and rehabilitative services, including

to ensure that the individual's need for intervention or

treatment of mental disorders or substance use disorders or

co-occurring mental health and substance use disorders is

determined using a uniform screening, assessment, and

evaluation process inclusive of criteria, for children and

adults; for purposes of this item (13), 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; (14)

transportation and such other expenses as may be necessary;

(15) medical treatment of sexual assault survivors, as defined

in Section 1a of the Sexual Assault Survivors Emergency

Treatment Act, for injuries sustained as a result of the sexual

assault, including examinations and laboratory tests to

discover evidence which may be used in criminal proceedings

arising from the sexual assault; (16) the diagnosis and

treatment of sickle cell anemia; and (17) any other medical

care, and any other type of remedial care recognized under the

laws of this State, but not including abortions, or induced

miscarriages or premature births, unless, in the opinion of a

physician, such procedures are necessary for the preservation

of the life of the woman seeking such treatment, or except an

induced premature birth intended to produce a live viable child

and such procedure is necessary for the health of the mother or

her unborn child. The Illinois Department, by rule, shall

prohibit any physician from providing medical assistance to

anyone eligible therefor under this Code where such physician

has been found guilty of performing an abortion procedure in a

wilful and wanton manner upon a woman who was not pregnant at

the time such abortion procedure was performed. The term "any

other type of remedial care" shall include nursing care and

nursing home service for persons who rely on treatment by

spiritual means alone through prayer for healing.

Notwithstanding any other provision of this Section, a

comprehensive tobacco use cessation program that includes

purchasing prescription drugs or prescription medical devices

approved by the Food and Drug Administration shall be covered

under the medical assistance program under this Article for

persons who are otherwise eligible for assistance under this

Article.

Notwithstanding any other provision of this Code, the

Illinois Department may not require, as a condition of payment

for any laboratory test authorized under this Article, that a

physician's handwritten signature appear on the laboratory

test order form. The Illinois Department may, however, impose

other appropriate requirements regarding laboratory test order

documentation.

Upon receipt of federal approval of an amendment to the

Illinois Title XIX State Plan for this purpose, the Department

shall authorize the Chicago Public Schools (CPS) to procure a

vendor or vendors to manufacture eyeglasses for individuals

enrolled in a school within the CPS system. CPS shall ensure

that its vendor or vendors are enrolled as providers in the

medical assistance program and in any capitated Medicaid

managed care entity (MCE) serving individuals enrolled in a

school within the CPS system. Under any contract procured under

this provision, the vendor or vendors must serve only

individuals enrolled in a school within the CPS system. Claims

for services provided by CPS's vendor or vendors to recipients

of benefits in the medical assistance program under this Code,

the Children's Health Insurance Program, or the Covering ALL

KIDS Health Insurance Program shall be submitted to the

Department or the MCE in which the individual is enrolled for

payment and shall be reimbursed at the Department's or the

MCE's established rates or rate methodologies for eyeglasses.

On and after July 1, 2012, the Department of Healthcare and

Family Services may provide the following services to persons

eligible for assistance under this Article who are

participating in education, training or employment programs

operated by the Department of Human Services as successor to

the Department of Public Aid:

(1) dental services provided by or under the

supervision of a dentist; and

(2) eyeglasses prescribed by a physician skilled in the

diseases of the eye, or by an optometrist, whichever the

person may select.

Notwithstanding any other provision of this Code and

subject to federal approval, the Department may adopt rules to

allow a dentist who is volunteering his or her service at no

cost to render dental services through an enrolled

not-for-profit health clinic without the dentist personally

enrolling as a participating provider in the medical assistance

program. A not-for-profit health clinic shall include a public

health clinic or Federally Qualified Health Center or other

enrolled provider, as determined by the Department, through

which dental services covered under this Section are performed.

The Department shall establish a process for payment of claims

for reimbursement for covered dental services rendered under

this provision.

The Illinois Department, by rule, may distinguish and

classify the medical services to be provided only in accordance

with the classes of persons designated in Section 5-2.

The Department of Healthcare and Family Services must

provide coverage and reimbursement for amino acid-based

elemental formulas, regardless of delivery method, for the

diagnosis and treatment of (i) eosinophilic disorders and (ii)

short bowel syndrome when the prescribing physician has issued

a written order stating that the amino acid-based elemental

formula is medically necessary.

The Illinois Department shall authorize the provision of,

and shall authorize payment for, screening by low-dose

mammography for the presence of occult breast cancer for women

35 years of age or older who are eligible for medical

assistance under this Article, as follows:

(A) A baseline mammogram for women 35 to 39 years of

age.

(B) An annual mammogram for women 40 years of age or

older.

(C) A mammogram at the age and intervals considered

medically necessary by the woman's health care provider for

women under 40 years of age and having a family history of

breast cancer, prior personal history of breast cancer,

positive genetic testing, or other risk factors.

(D) A comprehensive ultrasound screening of an entire

breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue, when medically

necessary as determined by a physician licensed to practice

medicine in all of its branches.

(E) A screening MRI when medically necessary, as

determined by a physician licensed to practice medicine in

all of its branches.

All screenings shall include a physical breast exam,

instruction on self-examination and information regarding the

frequency of self-examination and its value as a preventative

tool. For purposes of this Section, "low-dose mammography"

means the x-ray examination of the breast using equipment

dedicated specifically for mammography, including the x-ray

tube, filter, compression device, and image receptor, with an

average radiation exposure delivery of less than one rad per

breast for 2 views of an average size breast. The term also

includes digital mammography.

On and after January 1, 2016, the Department shall ensure

that all networks of care for adult clients of the Department

include access to at least one breast imaging Center of Imaging

Excellence as certified by the American College of Radiology.

On and after January 1, 2012, providers participating in a

quality improvement program approved by the Department shall be

reimbursed for screening and diagnostic mammography at the same

rate as the Medicare program's rates, including the increased

reimbursement for digital mammography.

The Department shall convene an expert panel including

representatives of hospitals, free-standing mammography

facilities, and doctors, including radiologists, to establish

quality standards for mammography.

On and after January 1, 2017, providers participating in a

breast cancer treatment quality improvement program approved

by the Department shall be reimbursed for breast cancer

treatment at a rate that is no lower than 95% of the Medicare

program's rates for the data elements included in the breast

cancer treatment quality program.

The Department shall convene an expert panel, including

representatives of hospitals, free standing breast cancer

treatment centers, breast cancer quality organizations, and

doctors, including breast surgeons, reconstructive breast

surgeons, oncologists, and primary care providers to establish

quality standards for breast cancer treatment.

Subject to federal approval, the Department shall

establish a rate methodology for mammography at federally

qualified health centers and other encounter-rate clinics.

These clinics or centers may also collaborate with other

hospital-based mammography facilities. By January 1, 2016, the

Department shall report to the General Assembly on the status

of the provision set forth in this paragraph.

The Department shall establish a methodology to remind

women who are age-appropriate for screening mammography, but

who have not received a mammogram within the previous 18

months, of the importance and benefit of screening mammography.

The Department shall work with experts in breast cancer

outreach and patient navigation to optimize these reminders and

shall establish a methodology for evaluating their

effectiveness and modifying the methodology based on the

evaluation.

The Department shall establish a performance goal for

primary care providers with respect to their female patients

over age 40 receiving an annual mammogram. This performance

goal shall be used to provide additional reimbursement in the

form of a quality performance bonus to primary care providers

who meet that goal.

The Department shall devise a means of case-managing or

patient navigation for beneficiaries diagnosed with breast

cancer. This program shall initially operate as a pilot program

in areas of the State with the highest incidence of mortality

related to breast cancer. At least one pilot program site shall

be in the metropolitan Chicago area and at least one site shall

be outside the metropolitan Chicago area. On or after July 1,

2016, the pilot program shall be expanded to include one site

in western Illinois, one site in southern Illinois, one site in

central Illinois, and 4 sites within metropolitan Chicago. An

evaluation of the pilot program shall be carried out measuring

health outcomes and cost of care for those served by the pilot

program compared to similarly situated patients who are not

served by the pilot program.

The Department shall require all networks of care to

develop a means either internally or by contract with experts

in navigation and community outreach to navigate cancer

patients to comprehensive care in a timely fashion. The

Department shall require all networks of care to include access

for patients diagnosed with cancer to at least one academic

commission on cancer-accredited cancer program as an

in-network covered benefit.

Any medical or health care provider shall immediately

recommend, to any pregnant woman who is being provided prenatal

services and is suspected of drug abuse or is addicted as

defined in the Alcoholism and Other Drug Abuse and Dependency

Act, referral to a local substance abuse treatment provider

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.

The Department of Healthcare and Family Services shall assure

coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the

Illinois Medicaid Program in conjunction with the Department of

Human Services.

All medical providers providing medical assistance to

pregnant women under this Code shall receive information from

the Department on the availability of services under the Drug

Free Families with a Future or any comparable program providing

case management services for addicted women, including

information on appropriate referrals for other social services

that may be needed by addicted women in addition to treatment

for addiction.

The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department

of Alcoholism and Substance Abuse) and Public Health, through a

public awareness campaign, may provide information concerning

treatment for alcoholism and drug abuse and addiction, prenatal

health care, and other pertinent programs directed at reducing

the number of drug-affected infants born to recipients of

medical assistance.

Neither the Department of Healthcare and Family Services

nor the Department of Human Services shall sanction the

recipient solely on the basis of her substance abuse.

The Illinois Department shall establish such regulations

governing the dispensing of health services under this Article

as it shall deem appropriate. The Department should seek the

advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of

providing regular advice on policy and administrative matters,

information dissemination and educational activities for

medical and health care providers, and consistency in

procedures to the Illinois Department.

The Illinois Department may develop and contract with

Partnerships of medical providers to arrange medical services

for persons eligible under Section 5-2 of this Code.

Implementation of this Section may be by demonstration projects

in certain geographic areas. The Partnership shall be

represented by a sponsor organization. The Department, by rule,

shall develop qualifications for sponsors of Partnerships.

Nothing in this Section shall be construed to require that the

sponsor organization be a medical organization.

The sponsor must negotiate formal written contracts with

medical providers for physician services, inpatient and

outpatient hospital care, home health services, treatment for

alcoholism and substance abuse, and other services determined

necessary by the Illinois Department by rule for delivery by

Partnerships. Physician services must include prenatal and

obstetrical care. The Illinois Department shall reimburse

medical services delivered by Partnership providers to clients

in target areas according to provisions of this Article and the

Illinois Health Finance Reform Act, except that:

(1) Physicians participating in a Partnership and

providing certain services, which shall be determined by

the Illinois Department, to persons in areas covered by the

Partnership may receive an additional surcharge for such

services.

(2) The Department may elect to consider and negotiate

financial incentives to encourage the development of

Partnerships and the efficient delivery of medical care.

(3) Persons receiving medical services through

Partnerships may receive medical and case management

services above the level usually offered through the

medical assistance program.

Medical providers shall be required to meet certain

qualifications to participate in Partnerships to ensure the

delivery of high quality medical services. These

qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for

participation in the medical assistance program. Partnership

sponsors may prescribe reasonable additional qualifications

for participation by medical providers, only with the prior

written approval of the Illinois Department.

Nothing in this Section shall limit the free choice of

practitioners, hospitals, and other providers of medical

services by clients. In order to ensure patient freedom of

choice, the Illinois Department shall immediately promulgate

all rules and take all other necessary actions so that provided

services may be accessed from therapeutically certified

optometrists to the full extent of the Illinois Optometric

Practice Act of 1987 without discriminating between service

providers.

The Department shall apply for a waiver from the United

States Health Care Financing Administration to allow for the

implementation of Partnerships under this Section.

The Illinois Department shall require health care

providers to maintain records that document the medical care

and services provided to recipients of Medical Assistance under

this Article. Such records must be retained for a period of not

less than 6 years from the date of service or as provided by

applicable State law, whichever period is longer, except that

if an audit is initiated within the required retention period

then the records must be retained until the audit is completed

and every exception is resolved. The Illinois Department shall

require health care providers to make available, when

authorized by the patient, in writing, the medical records in a

timely fashion to other health care providers who are treating

or serving persons eligible for Medical Assistance under this

Article. All dispensers of medical services shall be required

to maintain and retain business and professional records

sufficient to fully and accurately document the nature, scope,

details and receipt of the health care provided to persons

eligible for medical assistance under this Code, in accordance

with regulations promulgated by the Illinois Department. The

rules and regulations shall require that proof of the receipt

of prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany

each claim for reimbursement submitted by the dispenser of such

medical services. No such claims for reimbursement shall be

approved for payment by the Illinois Department without such

proof of receipt, unless the Illinois Department shall have put

into effect and shall be operating a system of post-payment

audit and review which shall, on a sampling basis, be deemed

adequate by the Illinois Department to assure that such drugs,

dentures, prosthetic devices and eyeglasses for which payment

is being made are actually being received by eligible

recipients. Within 90 days after September 16, 1984 (the

effective date of Public Act 83-1439) this amendatory Act of

1984, the Illinois Department shall establish a current list of

acquisition costs for all prosthetic devices and any other

items recognized as medical equipment and supplies

reimbursable under this Article and shall update such list on a

quarterly basis, except that the acquisition costs of all

prescription drugs shall be updated no less frequently than

every 30 days as required by Section 5-5.12.

The rules and regulations of the Illinois Department shall

require that a written statement including the required opinion

of a physician shall accompany any claim for reimbursement for

abortions, or induced miscarriages or premature births. This

statement shall indicate what procedures were used in providing

such medical services.

Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after July 22, 2013 (the

effective date of Public Act 98-104), establish procedures to

permit skilled care facilities licensed under the Nursing Home

Care Act to submit monthly billing claims for reimbursement

purposes. Following development of these procedures, the

Department shall, by July 1, 2016, test the viability of the

new system and implement any necessary operational or

structural changes to its information technology platforms in

order to allow for the direct acceptance and payment of nursing

home claims.

Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after August 15, 2014 (the

effective date of Public Act 98-963), establish procedures to

permit ID/DD facilities licensed under the ID/DD Community Care

Act and MC/DD facilities licensed under the MC/DD Act to submit

monthly billing claims for reimbursement purposes. Following

development of these procedures, the Department shall have an

additional 365 days to test the viability of the new system and

to ensure that any necessary operational or structural changes

to its information technology platforms are implemented.

The Illinois Department shall require all dispensers of

medical services, other than an individual practitioner or

group of practitioners, desiring to participate in the Medical

Assistance program established under this Article to disclose

all financial, beneficial, ownership, equity, surety or other

interests in any and all firms, corporations, partnerships,

associations, business enterprises, joint ventures, agencies,

institutions or other legal entities providing any form of

health care services in this State under this Article.

The Illinois Department may require that all dispensers of

medical services desiring to participate in the medical

assistance program established under this Article disclose,

under such terms and conditions as the Illinois Department may

by rule establish, all inquiries from clients and attorneys

regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or liens

for the Illinois Department.

Enrollment of a vendor shall be subject to a provisional

period and shall be conditional for one year. During the period

of conditional enrollment, the Department may terminate the

vendor's eligibility to participate in, or may disenroll the

vendor from, the medical assistance program without cause.

Unless otherwise specified, such termination of eligibility or

disenrollment is not subject to the Department's hearing

process. However, a disenrolled vendor may reapply without

penalty.

The Department has the discretion to limit the conditional

enrollment period for vendors based upon category of risk of

the vendor.

Prior to enrollment and during the conditional enrollment

period in the medical assistance program, all vendors shall be

subject to enhanced oversight, screening, and review based on

the risk of fraud, waste, and abuse that is posed by the

category of risk of the vendor. The Illinois Department shall

establish the procedures for oversight, screening, and review,

which may include, but need not be limited to: criminal and

financial background checks; fingerprinting; license,

certification, and authorization verifications; unscheduled or

unannounced site visits; database checks; prepayment audit

reviews; audits; payment caps; payment suspensions; and other

screening as required by federal or State law.

The Department shall define or specify the following: (i)

by provider notice, the "category of risk of the vendor" for

each type of vendor, which shall take into account the level of

screening applicable to a particular category of vendor under

federal law and regulations; (ii) by rule or provider notice,

the maximum length of the conditional enrollment period for

each category of risk of the vendor; and (iii) by rule, the

hearing rights, if any, afforded to a vendor in each category

of risk of the vendor that is terminated or disenrolled during

the conditional enrollment period.

To be eligible for payment consideration, a vendor's

payment claim or bill, either as an initial claim or as a

resubmitted claim following prior rejection, must be received

by the Illinois Department, or its fiscal intermediary, no

later than 180 days after the latest date on the claim on which

medical goods or services were provided, with the following

exceptions:

(1) In the case of a provider whose enrollment is in

process by the Illinois Department, the 180-day period

shall not begin until the date on the written notice from

the Illinois Department that the provider enrollment is

complete.

(2) In the case of errors attributable to the Illinois

Department or any of its claims processing intermediaries

which result in an inability to receive, process, or

adjudicate a claim, the 180-day period shall not begin

until the provider has been notified of the error.

(3) In the case of a provider for whom the Illinois

Department initiates the monthly billing process.

(4) In the case of a provider operated by a unit of

local government with a population exceeding 3,000,000

when local government funds finance federal participation

for claims payments.

For claims for services rendered during a period for which

a recipient received retroactive eligibility, claims must be

filed within 180 days after the Department determines the

applicant is eligible. For claims for which the Illinois

Department is not the primary payer, claims must be submitted

to the Illinois Department within 180 days after the final

adjudication by the primary payer.

In the case of long term care facilities, within 5 days of

receipt by the facility of required prescreening information,

data for new admissions shall be entered into the Medical

Electronic Data Interchange (MEDI) or the Recipient

Eligibility Verification (REV) System or successor system, and

within 15 days of receipt by the facility of required

prescreening information, admission documents shall be

submitted through MEDI or REV or shall be submitted directly to

the Department of Human Services using required admission

forms. Effective September 1, 2014, admission documents,

including all prescreening information, must be submitted

through MEDI or REV. Confirmation numbers assigned to an

accepted transaction shall be retained by a facility to verify

timely submittal. Once an admission transaction has been

completed, all resubmitted claims following prior rejection

are subject to receipt no later than 180 days after the

admission transaction has been completed.

Claims that are not submitted and received in compliance

with the foregoing requirements shall not be eligible for

payment under the medical assistance program, and the State

shall have no liability for payment of those claims.

To the extent consistent with applicable information and

privacy, security, and disclosure laws, State and federal

agencies and departments shall provide the Illinois Department

access to confidential and other information and data necessary

to perform eligibility and payment verifications and other

Illinois Department functions. This includes, but is not

limited to: information pertaining to licensure;

certification; earnings; immigration status; citizenship; wage

reporting; unearned and earned income; pension income;

employment; supplemental security income; social security

numbers; National Provider Identifier (NPI) numbers; the

National Practitioner Data Bank (NPDB); program and agency

exclusions; taxpayer identification numbers; tax delinquency;

corporate information; and death records.

The Illinois Department shall enter into agreements with

State agencies and departments, and is authorized to enter into

agreements with federal agencies and departments, under which

such agencies and departments shall share data necessary for

medical assistance program integrity functions and oversight.

The Illinois Department shall develop, in cooperation with

other State departments and agencies, and in compliance with

applicable federal laws and regulations, appropriate and

effective methods to share such data. At a minimum, and to the

extent necessary to provide data sharing, the Illinois

Department shall enter into agreements with State agencies and

departments, and is authorized to enter into agreements with

federal agencies and departments, including but not limited to:

the Secretary of State; the Department of Revenue; the

Department of Public Health; the Department of Human Services;

and the Department of Financial and Professional Regulation.

Beginning in fiscal year 2013, the Illinois Department

shall set forth a request for information to identify the

benefits of a pre-payment, post-adjudication, and post-edit

claims system with the goals of streamlining claims processing

and provider reimbursement, reducing the number of pending or

rejected claims, and helping to ensure a more transparent

adjudication process through the utilization of: (i) provider

data verification and provider screening technology; and (ii)

clinical code editing; and (iii) pre-pay, pre- or

post-adjudicated predictive modeling with an integrated case

management system with link analysis. Such a request for

information shall not be considered as a request for proposal

or as an obligation on the part of the Illinois Department to

take any action or acquire any products or services.

The Illinois Department shall establish policies,

procedures, standards and criteria by rule for the acquisition,

repair and replacement of orthotic and prosthetic devices and

durable medical equipment. Such rules shall provide, but not be

limited to, the following services: (1) immediate repair or

replacement of such devices by recipients; and (2) rental,

lease, purchase or lease-purchase of durable medical equipment

in a cost-effective manner, taking into consideration the

recipient's medical prognosis, the extent of the recipient's

needs, and the requirements and costs for maintaining such

equipment. Subject to prior approval, such rules shall enable a

recipient to temporarily acquire and use alternative or

substitute devices or equipment pending repairs or

replacements of any device or equipment previously authorized

for such recipient by the Department.

The Department shall execute, relative to the nursing home

prescreening project, written inter-agency agreements with the

Department of Human Services and the Department on Aging, to

effect the following: (i) intake procedures and common

eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and

development of non-institutional services in areas of the State

where they are not currently available or are undeveloped; and

(iii) notwithstanding any other provision of law, subject to

federal approval, on and after July 1, 2012, an increase in the

determination of need (DON) scores from 29 to 37 for applicants

for institutional and home and community-based long term care;

if and only if federal approval is not granted, the Department

may, in conjunction with other affected agencies, implement

utilization controls or changes in benefit packages to

effectuate a similar savings amount for this population; and

(iv) no later than July 1, 2013, minimum level of care

eligibility criteria for institutional and home and

community-based long term care; and (v) no later than October

1, 2013, establish procedures to permit long term care

providers access to eligibility scores for individuals with an

admission date who are seeking or receiving services from the

long term care provider. In order to select the minimum level

of care eligibility criteria, the Governor shall establish a

workgroup that includes affected agency representatives and

stakeholders representing the institutional and home and

community-based long term care interests. This Section shall

not restrict the Department from implementing lower level of

care eligibility criteria for community-based services in

circumstances where federal approval has been granted.

The Illinois Department shall develop and operate, in

cooperation with other State Departments and agencies and in

compliance with applicable federal laws and regulations,

appropriate and effective systems of health care evaluation and

programs for monitoring of utilization of health care services

and facilities, as it affects persons eligible for medical

assistance under this Code.

The Illinois Department shall report annually to the

General Assembly, no later than the second Friday in April of

1979 and each year thereafter, in regard to:

(a) actual statistics and trends in utilization of

medical services by public aid recipients;

(b) actual statistics and trends in the provision of

the various medical services by medical vendors;

(c) current rate structures and proposed changes in

those rate structures for the various medical vendors; and

(d) efforts at utilization review and control by the

Illinois Department.

The period covered by each report shall be the 3 years

ending on the June 30 prior to the report. The report shall

include suggested legislation for consideration by the General

Assembly. The filing of one copy of the report with the

Speaker, one copy with the Minority Leader and one copy with

the Clerk of the House of Representatives, one copy with the

President, one copy with the Minority Leader and one copy with

the Secretary of the Senate, one copy with the Legislative

Research Unit, and 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 shall be deemed sufficient to comply with this

Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

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.

Because kidney transplantation can be an appropriate, cost

effective alternative to renal dialysis when medically

necessary and notwithstanding the provisions of Section 1-11 of

this Code, beginning October 1, 2014, the Department shall

cover kidney transplantation for noncitizens with end-stage

renal disease who are not eligible for comprehensive medical

benefits, who meet the residency requirements of Section 5-3 of

this Code, and who would otherwise meet the financial

requirements of the appropriate class of eligible persons under

Section 5-2 of this Code. To qualify for coverage of kidney

transplantation, such person must be receiving emergency renal

dialysis services covered by the Department. Providers under

this Section shall be prior approved and certified by the

Department to perform kidney transplantation and the services

under this Section shall be limited to services associated with

kidney transplantation.

Notwithstanding any other provision of this Code to the

contrary, on or after July 1, 2015, all FDA approved forms of

medication assisted treatment prescribed for the treatment of

alcohol dependence or treatment of opioid dependence shall be

covered under both fee for service and managed care medical

assistance programs for persons who are otherwise eligible for

medical assistance under this Article and shall not be subject

to any (1) utilization control, other than those established

under the American Society of Addiction Medicine patient

placement criteria, (2) prior authorization mandate, or (3)

lifetime restriction limit mandate.

On or after July 1, 2015, opioid antagonists prescribed for

the treatment of an opioid overdose, including the medication

product, administration devices, and any pharmacy fees related

to the dispensing and administration of the opioid antagonist,

shall be covered under the medical assistance program for

persons who are otherwise eligible for medical assistance under

this Article. As used in this Section, "opioid antagonist"

means a drug that binds to opioid receptors and blocks or

inhibits the effect of opioids acting on those receptors,

including, but not limited to, naloxone hydrochloride or any

other similarly acting drug approved by the U.S. Food and Drug

Administration.

(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;

98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.

8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,

eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;

99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-433, eff.

8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)

(Text of Section after amendment by P.A. 99-407)

Sec. 5-5. Medical services. The Illinois Department, by

rule, shall determine the quantity and quality of and the rate

of reimbursement for the medical assistance for which payment

will be authorized, and the medical services to be provided,

which may include all or part of the following: (1) inpatient

hospital services; (2) outpatient hospital services; (3) other

laboratory and X-ray services; (4) skilled nursing home

services; (5) physicians' services whether furnished in the

office, the patient's home, a hospital, a skilled nursing home,

or elsewhere; (6) medical care, or any other type of remedial

care furnished by licensed practitioners; (7) home health care

services; (8) private duty nursing service; (9) clinic

services; (10) dental services, including prevention and

treatment of periodontal disease and dental caries disease for

pregnant women, provided by an individual licensed to practice

dentistry or dental surgery; for purposes of this item (10),

"dental services" means diagnostic, preventive, or corrective

procedures provided by or under the supervision of a dentist in

the practice of his or her profession; (11) physical therapy

and related services; (12) prescribed drugs, dentures, and

prosthetic devices; and eyeglasses prescribed by a physician

skilled in the diseases of the eye, or by an optometrist,

whichever the person may select; (13) other diagnostic,

screening, preventive, and rehabilitative services, including

to ensure that the individual's need for intervention or

treatment of mental disorders or substance use disorders or

co-occurring mental health and substance use disorders is

determined using a uniform screening, assessment, and

evaluation process inclusive of criteria, for children and

adults; for purposes of this item (13), 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; (14)

transportation and such other expenses as may be necessary;

(15) medical treatment of sexual assault survivors, as defined

in Section 1a of the Sexual Assault Survivors Emergency

Treatment Act, for injuries sustained as a result of the sexual

assault, including examinations and laboratory tests to

discover evidence which may be used in criminal proceedings

arising from the sexual assault; (16) the diagnosis and

treatment of sickle cell anemia; and (17) any other medical

care, and any other type of remedial care recognized under the

laws of this State, but not including abortions, or induced

miscarriages or premature births, unless, in the opinion of a

physician, such procedures are necessary for the preservation

of the life of the woman seeking such treatment, or except an

induced premature birth intended to produce a live viable child

and such procedure is necessary for the health of the mother or

her unborn child. The Illinois Department, by rule, shall

prohibit any physician from providing medical assistance to

anyone eligible therefor under this Code where such physician

has been found guilty of performing an abortion procedure in a

wilful and wanton manner upon a woman who was not pregnant at

the time such abortion procedure was performed. The term "any

other type of remedial care" shall include nursing care and

nursing home service for persons who rely on treatment by

spiritual means alone through prayer for healing.

Notwithstanding any other provision of this Section, a

comprehensive tobacco use cessation program that includes

purchasing prescription drugs or prescription medical devices

approved by the Food and Drug Administration shall be covered

under the medical assistance program under this Article for

persons who are otherwise eligible for assistance under this

Article.

Notwithstanding any other provision of this Code, the

Illinois Department may not require, as a condition of payment

for any laboratory test authorized under this Article, that a

physician's handwritten signature appear on the laboratory

test order form. The Illinois Department may, however, impose

other appropriate requirements regarding laboratory test order

documentation.

Upon receipt of federal approval of an amendment to the

Illinois Title XIX State Plan for this purpose, the Department

shall authorize the Chicago Public Schools (CPS) to procure a

vendor or vendors to manufacture eyeglasses for individuals

enrolled in a school within the CPS system. CPS shall ensure

that its vendor or vendors are enrolled as providers in the

medical assistance program and in any capitated Medicaid

managed care entity (MCE) serving individuals enrolled in a

school within the CPS system. Under any contract procured under

this provision, the vendor or vendors must serve only

individuals enrolled in a school within the CPS system. Claims

for services provided by CPS's vendor or vendors to recipients

of benefits in the medical assistance program under this Code,

the Children's Health Insurance Program, or the Covering ALL

KIDS Health Insurance Program shall be submitted to the

Department or the MCE in which the individual is enrolled for

payment and shall be reimbursed at the Department's or the

MCE's established rates or rate methodologies for eyeglasses.

On and after July 1, 2012, the Department of Healthcare and

Family Services may provide the following services to persons

eligible for assistance under this Article who are

participating in education, training or employment programs

operated by the Department of Human Services as successor to

the Department of Public Aid:

(1) dental services provided by or under the

supervision of a dentist; and

(2) eyeglasses prescribed by a physician skilled in the

diseases of the eye, or by an optometrist, whichever the

person may select.

Notwithstanding any other provision of this Code and

subject to federal approval, the Department may adopt rules to

allow a dentist who is volunteering his or her service at no

cost to render dental services through an enrolled

not-for-profit health clinic without the dentist personally

enrolling as a participating provider in the medical assistance

program. A not-for-profit health clinic shall include a public

health clinic or Federally Qualified Health Center or other

enrolled provider, as determined by the Department, through

which dental services covered under this Section are performed.

The Department shall establish a process for payment of claims

for reimbursement for covered dental services rendered under

this provision.

The Illinois Department, by rule, may distinguish and

classify the medical services to be provided only in accordance

with the classes of persons designated in Section 5-2.

The Department of Healthcare and Family Services must

provide coverage and reimbursement for amino acid-based

elemental formulas, regardless of delivery method, for the

diagnosis and treatment of (i) eosinophilic disorders and (ii)

short bowel syndrome when the prescribing physician has issued

a written order stating that the amino acid-based elemental

formula is medically necessary.

The Illinois Department shall authorize the provision of,

and shall authorize payment for, screening by low-dose

mammography for the presence of occult breast cancer for women

35 years of age or older who are eligible for medical

assistance under this Article, as follows:

(A) A baseline mammogram for women 35 to 39 years of

age.

(B) An annual mammogram for women 40 years of age or

older.

(C) A mammogram at the age and intervals considered

medically necessary by the woman's health care provider for

women under 40 years of age and having a family history of

breast cancer, prior personal history of breast cancer,

positive genetic testing, or other risk factors.

(D) A comprehensive ultrasound screening of an entire

breast or breasts if a mammogram demonstrates

heterogeneous or dense breast tissue, when medically

necessary as determined by a physician licensed to practice

medicine in all of its branches.

(E) A screening MRI when medically necessary, as

determined by a physician licensed to practice medicine in

all of its branches.

All screenings shall include a physical breast exam,

instruction on self-examination and information regarding the

frequency of self-examination and its value as a preventative

tool. For purposes of this Section, "low-dose mammography"

means the x-ray examination of the breast using equipment

dedicated specifically for mammography, including the x-ray

tube, filter, compression device, and image receptor, with an

average radiation exposure delivery of less than one rad per

breast for 2 views of an average size breast. The term also

includes digital mammography and includes breast

tomosynthesis. As used in this Section, the term "breast

tomosynthesis" means a radiologic procedure that involves the

acquisition of projection images over the stationary breast to

produce cross-sectional digital three-dimensional images of

the breast.

On and after January 1, 2016, the Department shall ensure

that all networks of care for adult clients of the Department

include access to at least one breast imaging Center of Imaging

Excellence as certified by the American College of Radiology.

On and after January 1, 2012, providers participating in a

quality improvement program approved by the Department shall be

reimbursed for screening and diagnostic mammography at the same

rate as the Medicare program's rates, including the increased

reimbursement for digital mammography.

The Department shall convene an expert panel including

representatives of hospitals, free-standing mammography

facilities, and doctors, including radiologists, to establish

quality standards for mammography.

On and after January 1, 2017, providers participating in a

breast cancer treatment quality improvement program approved

by the Department shall be reimbursed for breast cancer

treatment at a rate that is no lower than 95% of the Medicare

program's rates for the data elements included in the breast

cancer treatment quality program.

The Department shall convene an expert panel, including

representatives of hospitals, free standing breast cancer

treatment centers, breast cancer quality organizations, and

doctors, including breast surgeons, reconstructive breast

surgeons, oncologists, and primary care providers to establish

quality standards for breast cancer treatment.

Subject to federal approval, the Department shall

establish a rate methodology for mammography at federally

qualified health centers and other encounter-rate clinics.

These clinics or centers may also collaborate with other

hospital-based mammography facilities. By January 1, 2016, the

Department shall report to the General Assembly on the status

of the provision set forth in this paragraph.

The Department shall establish a methodology to remind

women who are age-appropriate for screening mammography, but

who have not received a mammogram within the previous 18

months, of the importance and benefit of screening mammography.

The Department shall work with experts in breast cancer

outreach and patient navigation to optimize these reminders and

shall establish a methodology for evaluating their

effectiveness and modifying the methodology based on the

evaluation.

The Department shall establish a performance goal for

primary care providers with respect to their female patients

over age 40 receiving an annual mammogram. This performance

goal shall be used to provide additional reimbursement in the

form of a quality performance bonus to primary care providers

who meet that goal.

The Department shall devise a means of case-managing or

patient navigation for beneficiaries diagnosed with breast

cancer. This program shall initially operate as a pilot program

in areas of the State with the highest incidence of mortality

related to breast cancer. At least one pilot program site shall

be in the metropolitan Chicago area and at least one site shall

be outside the metropolitan Chicago area. On or after July 1,

2016, the pilot program shall be expanded to include one site

in western Illinois, one site in southern Illinois, one site in

central Illinois, and 4 sites within metropolitan Chicago. An

evaluation of the pilot program shall be carried out measuring

health outcomes and cost of care for those served by the pilot

program compared to similarly situated patients who are not

served by the pilot program.

The Department shall require all networks of care to

develop a means either internally or by contract with experts

in navigation and community outreach to navigate cancer

patients to comprehensive care in a timely fashion. The

Department shall require all networks of care to include access

for patients diagnosed with cancer to at least one academic

commission on cancer-accredited cancer program as an

in-network covered benefit.

Any medical or health care provider shall immediately

recommend, to any pregnant woman who is being provided prenatal

services and is suspected of drug abuse or is addicted as

defined in the Alcoholism and Other Drug Abuse and Dependency

Act, referral to a local substance abuse treatment provider

licensed by the Department of Human Services or to a licensed

hospital which provides substance abuse treatment services.

The Department of Healthcare and Family Services shall assure

coverage for the cost of treatment of the drug abuse or

addiction for pregnant recipients in accordance with the

Illinois Medicaid Program in conjunction with the Department of

Human Services.

All medical providers providing medical assistance to

pregnant women under this Code shall receive information from

the Department on the availability of services under the Drug

Free Families with a Future or any comparable program providing

case management services for addicted women, including

information on appropriate referrals for other social services

that may be needed by addicted women in addition to treatment

for addiction.

The Illinois Department, in cooperation with the

Departments of Human Services (as successor to the Department

of Alcoholism and Substance Abuse) and Public Health, through a

public awareness campaign, may provide information concerning

treatment for alcoholism and drug abuse and addiction, prenatal

health care, and other pertinent programs directed at reducing

the number of drug-affected infants born to recipients of

medical assistance.

Neither the Department of Healthcare and Family Services

nor the Department of Human Services shall sanction the

recipient solely on the basis of her substance abuse.

The Illinois Department shall establish such regulations

governing the dispensing of health services under this Article

as it shall deem appropriate. The Department should seek the

advice of formal professional advisory committees appointed by

the Director of the Illinois Department for the purpose of

providing regular advice on policy and administrative matters,

information dissemination and educational activities for

medical and health care providers, and consistency in

procedures to the Illinois Department.

The Illinois Department may develop and contract with

Partnerships of medical providers to arrange medical services

for persons eligible under Section 5-2 of this Code.

Implementation of this Section may be by demonstration projects

in certain geographic areas. The Partnership shall be

represented by a sponsor organization. The Department, by rule,

shall develop qualifications for sponsors of Partnerships.

Nothing in this Section shall be construed to require that the

sponsor organization be a medical organization.

The sponsor must negotiate formal written contracts with

medical providers for physician services, inpatient and

outpatient hospital care, home health services, treatment for

alcoholism and substance abuse, and other services determined

necessary by the Illinois Department by rule for delivery by

Partnerships. Physician services must include prenatal and

obstetrical care. The Illinois Department shall reimburse

medical services delivered by Partnership providers to clients

in target areas according to provisions of this Article and the

Illinois Health Finance Reform Act, except that:

(1) Physicians participating in a Partnership and

providing certain services, which shall be determined by

the Illinois Department, to persons in areas covered by the

Partnership may receive an additional surcharge for such

services.

(2) The Department may elect to consider and negotiate

financial incentives to encourage the development of

Partnerships and the efficient delivery of medical care.

(3) Persons receiving medical services through

Partnerships may receive medical and case management

services above the level usually offered through the

medical assistance program.

Medical providers shall be required to meet certain

qualifications to participate in Partnerships to ensure the

delivery of high quality medical services. These

qualifications shall be determined by rule of the Illinois

Department and may be higher than qualifications for

participation in the medical assistance program. Partnership

sponsors may prescribe reasonable additional qualifications

for participation by medical providers, only with the prior

written approval of the Illinois Department.

Nothing in this Section shall limit the free choice of

practitioners, hospitals, and other providers of medical

services by clients. In order to ensure patient freedom of

choice, the Illinois Department shall immediately promulgate

all rules and take all other necessary actions so that provided

services may be accessed from therapeutically certified

optometrists to the full extent of the Illinois Optometric

Practice Act of 1987 without discriminating between service

providers.

The Department shall apply for a waiver from the United

States Health Care Financing Administration to allow for the

implementation of Partnerships under this Section.

The Illinois Department shall require health care

providers to maintain records that document the medical care

and services provided to recipients of Medical Assistance under

this Article. Such records must be retained for a period of not

less than 6 years from the date of service or as provided by

applicable State law, whichever period is longer, except that

if an audit is initiated within the required retention period

then the records must be retained until the audit is completed

and every exception is resolved. The Illinois Department shall

require health care providers to make available, when

authorized by the patient, in writing, the medical records in a

timely fashion to other health care providers who are treating

or serving persons eligible for Medical Assistance under this

Article. All dispensers of medical services shall be required

to maintain and retain business and professional records

sufficient to fully and accurately document the nature, scope,

details and receipt of the health care provided to persons

eligible for medical assistance under this Code, in accordance

with regulations promulgated by the Illinois Department. The

rules and regulations shall require that proof of the receipt

of prescription drugs, dentures, prosthetic devices and

eyeglasses by eligible persons under this Section accompany

each claim for reimbursement submitted by the dispenser of such

medical services. No such claims for reimbursement shall be

approved for payment by the Illinois Department without such

proof of receipt, unless the Illinois Department shall have put

into effect and shall be operating a system of post-payment

audit and review which shall, on a sampling basis, be deemed

adequate by the Illinois Department to assure that such drugs,

dentures, prosthetic devices and eyeglasses for which payment

is being made are actually being received by eligible

recipients. Within 90 days after September 16, 1984 (the

effective date of Public Act 83-1439) this amendatory Act of

1984, the Illinois Department shall establish a current list of

acquisition costs for all prosthetic devices and any other

items recognized as medical equipment and supplies

reimbursable under this Article and shall update such list on a

quarterly basis, except that the acquisition costs of all

prescription drugs shall be updated no less frequently than

every 30 days as required by Section 5-5.12.

The rules and regulations of the Illinois Department shall

require that a written statement including the required opinion

of a physician shall accompany any claim for reimbursement for

abortions, or induced miscarriages or premature births. This

statement shall indicate what procedures were used in providing

such medical services.

Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after July 22, 2013 (the

effective date of Public Act 98-104), establish procedures to

permit skilled care facilities licensed under the Nursing Home

Care Act to submit monthly billing claims for reimbursement

purposes. Following development of these procedures, the

Department shall, by July 1, 2016, test the viability of the

new system and implement any necessary operational or

structural changes to its information technology platforms in

order to allow for the direct acceptance and payment of nursing

home claims.

Notwithstanding any other law to the contrary, the Illinois

Department shall, within 365 days after August 15, 2014 (the

effective date of Public Act 98-963), establish procedures to

permit ID/DD facilities licensed under the ID/DD Community Care

Act and MC/DD facilities licensed under the MC/DD Act to submit

monthly billing claims for reimbursement purposes. Following

development of these procedures, the Department shall have an

additional 365 days to test the viability of the new system and

to ensure that any necessary operational or structural changes

to its information technology platforms are implemented.

The Illinois Department shall require all dispensers of

medical services, other than an individual practitioner or

group of practitioners, desiring to participate in the Medical

Assistance program established under this Article to disclose

all financial, beneficial, ownership, equity, surety or other

interests in any and all firms, corporations, partnerships,

associations, business enterprises, joint ventures, agencies,

institutions or other legal entities providing any form of

health care services in this State under this Article.

The Illinois Department may require that all dispensers of

medical services desiring to participate in the medical

assistance program established under this Article disclose,

under such terms and conditions as the Illinois Department may

by rule establish, all inquiries from clients and attorneys

regarding medical bills paid by the Illinois Department, which

inquiries could indicate potential existence of claims or liens

for the Illinois Department.

Enrollment of a vendor shall be subject to a provisional

period and shall be conditional for one year. During the period

of conditional enrollment, the Department may terminate the

vendor's eligibility to participate in, or may disenroll the

vendor from, the medical assistance program without cause.

Unless otherwise specified, such termination of eligibility or

disenrollment is not subject to the Department's hearing

process. However, a disenrolled vendor may reapply without

penalty.

The Department has the discretion to limit the conditional

enrollment period for vendors based upon category of risk of

the vendor.

Prior to enrollment and during the conditional enrollment

period in the medical assistance program, all vendors shall be

subject to enhanced oversight, screening, and review based on

the risk of fraud, waste, and abuse that is posed by the

category of risk of the vendor. The Illinois Department shall

establish the procedures for oversight, screening, and review,

which may include, but need not be limited to: criminal and

financial background checks; fingerprinting; license,

certification, and authorization verifications; unscheduled or

unannounced site visits; database checks; prepayment audit

reviews; audits; payment caps; payment suspensions; and other

screening as required by federal or State law.

The Department shall define or specify the following: (i)

by provider notice, the "category of risk of the vendor" for

each type of vendor, which shall take into account the level of

screening applicable to a particular category of vendor under

federal law and regulations; (ii) by rule or provider notice,

the maximum length of the conditional enrollment period for

each category of risk of the vendor; and (iii) by rule, the

hearing rights, if any, afforded to a vendor in each category

of risk of the vendor that is terminated or disenrolled during

the conditional enrollment period.

To be eligible for payment consideration, a vendor's

payment claim or bill, either as an initial claim or as a

resubmitted claim following prior rejection, must be received

by the Illinois Department, or its fiscal intermediary, no

later than 180 days after the latest date on the claim on which

medical goods or services were provided, with the following

exceptions:

(1) In the case of a provider whose enrollment is in

process by the Illinois Department, the 180-day period

shall not begin until the date on the written notice from

the Illinois Department that the provider enrollment is

complete.

(2) In the case of errors attributable to the Illinois

Department or any of its claims processing intermediaries

which result in an inability to receive, process, or

adjudicate a claim, the 180-day period shall not begin

until the provider has been notified of the error.

(3) In the case of a provider for whom the Illinois

Department initiates the monthly billing process.

(4) In the case of a provider operated by a unit of

local government with a population exceeding 3,000,000

when local government funds finance federal participation

for claims payments.

For claims for services rendered during a period for which

a recipient received retroactive eligibility, claims must be

filed within 180 days after the Department determines the

applicant is eligible. For claims for which the Illinois

Department is not the primary payer, claims must be submitted

to the Illinois Department within 180 days after the final

adjudication by the primary payer.

In the case of long term care facilities, within 5 days of

receipt by the facility of required prescreening information,

data for new admissions shall be entered into the Medical

Electronic Data Interchange (MEDI) or the Recipient

Eligibility Verification (REV) System or successor system, and

within 15 days of receipt by the facility of required

prescreening information, admission documents shall be

submitted through MEDI or REV or shall be submitted directly to

the Department of Human Services using required admission

forms. Effective September 1, 2014, admission documents,

including all prescreening information, must be submitted

through MEDI or REV. Confirmation numbers assigned to an

accepted transaction shall be retained by a facility to verify

timely submittal. Once an admission transaction has been

completed, all resubmitted claims following prior rejection

are subject to receipt no later than 180 days after the

admission transaction has been completed.

Claims that are not submitted and received in compliance

with the foregoing requirements shall not be eligible for

payment under the medical assistance program, and the State

shall have no liability for payment of those claims.

To the extent consistent with applicable information and

privacy, security, and disclosure laws, State and federal

agencies and departments shall provide the Illinois Department

access to confidential and other information and data necessary

to perform eligibility and payment verifications and other

Illinois Department functions. This includes, but is not

limited to: information pertaining to licensure;

certification; earnings; immigration status; citizenship; wage

reporting; unearned and earned income; pension income;

employment; supplemental security income; social security

numbers; National Provider Identifier (NPI) numbers; the

National Practitioner Data Bank (NPDB); program and agency

exclusions; taxpayer identification numbers; tax delinquency;

corporate information; and death records.

The Illinois Department shall enter into agreements with

State agencies and departments, and is authorized to enter into

agreements with federal agencies and departments, under which

such agencies and departments shall share data necessary for

medical assistance program integrity functions and oversight.

The Illinois Department shall develop, in cooperation with

other State departments and agencies, and in compliance with

applicable federal laws and regulations, appropriate and

effective methods to share such data. At a minimum, and to the

extent necessary to provide data sharing, the Illinois

Department shall enter into agreements with State agencies and

departments, and is authorized to enter into agreements with

federal agencies and departments, including but not limited to:

the Secretary of State; the Department of Revenue; the

Department of Public Health; the Department of Human Services;

and the Department of Financial and Professional Regulation.

Beginning in fiscal year 2013, the Illinois Department

shall set forth a request for information to identify the

benefits of a pre-payment, post-adjudication, and post-edit

claims system with the goals of streamlining claims processing

and provider reimbursement, reducing the number of pending or

rejected claims, and helping to ensure a more transparent

adjudication process through the utilization of: (i) provider

data verification and provider screening technology; and (ii)

clinical code editing; and (iii) pre-pay, pre- or

post-adjudicated predictive modeling with an integrated case

management system with link analysis. Such a request for

information shall not be considered as a request for proposal

or as an obligation on the part of the Illinois Department to

take any action or acquire any products or services.

The Illinois Department shall establish policies,

procedures, standards and criteria by rule for the acquisition,

repair and replacement of orthotic and prosthetic devices and

durable medical equipment. Such rules shall provide, but not be

limited to, the following services: (1) immediate repair or

replacement of such devices by recipients; and (2) rental,

lease, purchase or lease-purchase of durable medical equipment

in a cost-effective manner, taking into consideration the

recipient's medical prognosis, the extent of the recipient's

needs, and the requirements and costs for maintaining such

equipment. Subject to prior approval, such rules shall enable a

recipient to temporarily acquire and use alternative or

substitute devices or equipment pending repairs or

replacements of any device or equipment previously authorized

for such recipient by the Department.

The Department shall execute, relative to the nursing home

prescreening project, written inter-agency agreements with the

Department of Human Services and the Department on Aging, to

effect the following: (i) intake procedures and common

eligibility criteria for those persons who are receiving

non-institutional services; and (ii) the establishment and

development of non-institutional services in areas of the State

where they are not currently available or are undeveloped; and

(iii) notwithstanding any other provision of law, subject to

federal approval, on and after July 1, 2012, an increase in the

determination of need (DON) scores from 29 to 37 for applicants

for institutional and home and community-based long term care;

if and only if federal approval is not granted, the Department

may, in conjunction with other affected agencies, implement

utilization controls or changes in benefit packages to

effectuate a similar savings amount for this population; and

(iv) no later than July 1, 2013, minimum level of care

eligibility criteria for institutional and home and

community-based long term care; and (v) no later than October

1, 2013, establish procedures to permit long term care

providers access to eligibility scores for individuals with an

admission date who are seeking or receiving services from the

long term care provider. In order to select the minimum level

of care eligibility criteria, the Governor shall establish a

workgroup that includes affected agency representatives and

stakeholders representing the institutional and home and

community-based long term care interests. This Section shall

not restrict the Department from implementing lower level of

care eligibility criteria for community-based services in

circumstances where federal approval has been granted.

The Illinois Department shall develop and operate, in

cooperation with other State Departments and agencies and in

compliance with applicable federal laws and regulations,

appropriate and effective systems of health care evaluation and

programs for monitoring of utilization of health care services

and facilities, as it affects persons eligible for medical

assistance under this Code.

The Illinois Department shall report annually to the

General Assembly, no later than the second Friday in April of

1979 and each year thereafter, in regard to:

(a) actual statistics and trends in utilization of

medical services by public aid recipients;

(b) actual statistics and trends in the provision of

the various medical services by medical vendors;

(c) current rate structures and proposed changes in

those rate structures for the various medical vendors; and

(d) efforts at utilization review and control by the

Illinois Department.

The period covered by each report shall be the 3 years

ending on the June 30 prior to the report. The report shall

include suggested legislation for consideration by the General

Assembly. The filing of one copy of the report with the

Speaker, one copy with the Minority Leader and one copy with

the Clerk of the House of Representatives, one copy with the

President, one copy with the Minority Leader and one copy with

the Secretary of the Senate, one copy with the Legislative

Research Unit, and 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 shall be deemed sufficient to comply with this

Section.

Rulemaking authority to implement Public Act 95-1045, if

any, is conditioned on the rules being adopted in accordance

with all provisions of the Illinois Administrative Procedure

Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for

whatever reason, is unauthorized.

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.

Because kidney transplantation can be an appropriate, cost

effective alternative to renal dialysis when medically

necessary and notwithstanding the provisions of Section 1-11 of

this Code, beginning October 1, 2014, the Department shall

cover kidney transplantation for noncitizens with end-stage

renal disease who are not eligible for comprehensive medical

benefits, who meet the residency requirements of Section 5-3 of

this Code, and who would otherwise meet the financial

requirements of the appropriate class of eligible persons under

Section 5-2 of this Code. To qualify for coverage of kidney

transplantation, such person must be receiving emergency renal

dialysis services covered by the Department. Providers under

this Section shall be prior approved and certified by the

Department to perform kidney transplantation and the services

under this Section shall be limited to services associated with

kidney transplantation.

Notwithstanding any other provision of this Code to the

contrary, on or after July 1, 2015, all FDA approved forms of

medication assisted treatment prescribed for the treatment of

alcohol dependence or treatment of opioid dependence shall be

covered under both fee for service and managed care medical

assistance programs for persons who are otherwise eligible for

medical assistance under this Article and shall not be subject

to any (1) utilization control, other than those established

under the American Society of Addiction Medicine patient

placement criteria, (2) prior authorization mandate, or (3)

lifetime restriction limit mandate.

On or after July 1, 2015, opioid antagonists prescribed for

the treatment of an opioid overdose, including the medication

product, administration devices, and any pharmacy fees related

to the dispensing and administration of the opioid antagonist,

shall be covered under the medical assistance program for

persons who are otherwise eligible for medical assistance under

this Article. As used in this Section, "opioid antagonist"

means a drug that binds to opioid receptors and blocks or

inhibits the effect of opioids acting on those receptors,

including, but not limited to, naloxone hydrochloride or any

other similarly acting drug approved by the U.S. Food and Drug

Administration.

(Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13;

98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff.

8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756,

eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15;

99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section

99 of P.A. 99-407 for its effective date); 99-433, eff.

8-21-15; 99-480, eff. 9-9-15; revised 10-13-15.)

(305 ILCS 5/5-5e)

Sec. 5-5e. Adjusted rates of reimbursement.

(a) Rates or payments for services in effect on June 30,

2012 shall be adjusted and services shall be affected as

required by any other provision of Public Act 97-689 this

amendatory Act of the 97th General Assembly. In addition, the

Department shall do the following:

(1) Delink the per diem rate paid for supportive living

facility services from the per diem rate paid for nursing

facility services, effective for services provided on or

after May 1, 2011.

(2) Cease payment for bed reserves in nursing

facilities and specialized mental health rehabilitation

facilities; for purposes of therapeutic home visits for

individuals scoring as TBI on the MDS 3.0, beginning June

1, 2015, the Department shall approve payments for bed

reserves in nursing facilities and specialized mental

health rehabilitation facilities that have at least a 90%

occupancy level and at least 80% of their residents are

Medicaid eligible. Payment shall be at a daily rate of 75%

of an individual's current Medicaid per diem and shall not

exceed 10 days in a calendar month.

(2.5) Cease payment for bed reserves for purposes of

inpatient hospitalizations to intermediate care facilities

for persons with development disabilities, except in the

instance of residents who are under 21 years of age.

(3) Cease payment of the $10 per day add-on payment to

nursing facilities for certain residents with

developmental disabilities.

(b) After the application of subsection (a),

notwithstanding any other provision of this Code to the

contrary and to the extent permitted by federal law, on and

after July 1, 2012, the rates of reimbursement for services and

other payments provided under this Code shall further be

reduced as follows:

(1) Rates or payments for physician services, dental

services, or community health center services reimbursed

through an encounter rate, and services provided under the

Medicaid Rehabilitation Option of the Illinois Title XIX

State Plan shall not be further reduced, except as provided

in Section 5-5b.1.

(2) Rates or payments, or the portion thereof, paid to

a provider that is operated by a unit of local government

or State University that provides the non-federal share of

such services shall not be further reduced, except as

provided in Section 5-5b.1.

(3) Rates or payments for hospital services delivered

by a hospital defined as a Safety-Net Hospital under

Section 5-5e.1 of this Code shall not be further reduced,

except as provided in Section 5-5b.1.

(4) Rates or payments for hospital services delivered

by a Critical Access Hospital, which is an Illinois

hospital designated as a critical care hospital by the

Department of Public Health in accordance with 42 CFR 485,

Subpart F, shall not be further reduced, except as provided

in Section 5-5b.1.

(5) Rates or payments for Nursing Facility Services

shall only be further adjusted pursuant to Section 5-5.2 of

this Code.

(6) Rates or payments for services delivered by long

term care facilities licensed under the ID/DD Community

Care Act or the MC/DD Act and developmental training

services shall not be further reduced.

(7) Rates or payments for services provided under

capitation rates shall be adjusted taking into

consideration the rates reduction and covered services

required by Public Act 97-689 this amendatory Act of the

97th General Assembly.

(8) For hospitals not previously described in this

subsection, the rates or payments for hospital services

shall be further reduced by 3.5%, except for payments

authorized under Section 5A-12.4 of this Code.

(9) For all other rates or payments for services

delivered by providers not specifically referenced in

paragraphs (1) through (8), rates or payments shall be

further reduced by 2.7%.

(c) Any assessment imposed by this Code shall continue and

nothing in this Section shall be construed to cause it to

cease.

(d) Notwithstanding any other provision of this Code to the

contrary, subject to federal approval under Title XIX of the

Social Security Act, for dates of service on and after July 1,

2014, rates or payments for services provided for the purpose

of transitioning children from a hospital to home placement or

other appropriate setting by a children's community-based

health care center authorized under the Alternative Health Care

Delivery Act shall be $683 per day.

(e) Notwithstanding any other provision of this Code to the

contrary, subject to federal approval under Title XIX of the

Social Security Act, for dates of service on and after July 1,

2014, rates or payments for home health visits shall be $72.

(f) Notwithstanding any other provision of this Code to the

contrary, subject to federal approval under Title XIX of the

Social Security Act, for dates of service on and after July 1,

2014, rates or payments for the certified nursing assistant

component of the home health agency rate shall be $20.

(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

98-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15;

revised 10-21-15.)

(305 ILCS 5/5-16.8)

Sec. 5-16.8. Required health benefits. The medical

assistance program shall (i) provide the post-mastectomy care

benefits required to be covered by a policy of accident and

health insurance under Section 356t and the coverage required

under Sections 356g.5, 356u, 356w, 356x, and 356z.6 of the

Illinois Insurance Code and (ii) be subject to the provisions

of Sections 356z.19, 364.01, 370c, and 370c.1 of the Illinois

Insurance Code.

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.

To ensure full access to the benefits set forth in this

Section, on and after January 1, 2016, the Department shall

ensure that provider and hospital reimbursement for

post-mastectomy care benefits required under this Section are

no lower than the Medicare reimbursement rate.

(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;

revised 10-21-15.)

(305 ILCS 5/5-30)

Sec. 5-30. Care coordination.

(a) At least 50% of recipients eligible for comprehensive

medical benefits in all medical assistance programs or other

health benefit programs administered by the Department,

including the Children's Health Insurance Program Act and the

Covering ALL KIDS Health Insurance Act, shall be enrolled in a

care coordination program by no later than January 1, 2015. For

purposes of this Section, "coordinated care" or "care

coordination" means delivery systems where recipients will

receive their care from providers who participate under

contract in integrated delivery systems that are responsible

for providing or arranging the majority of care, including

primary care physician services, referrals from primary care

physicians, diagnostic and treatment services, behavioral

health services, in-patient and outpatient hospital services,

dental services, and rehabilitation and long-term care

services. The Department shall designate or contract for such

integrated delivery systems (i) to ensure enrollees have a

choice of systems and of primary care providers within such

systems; (ii) to ensure that enrollees receive quality care in

a culturally and linguistically appropriate manner; and (iii)

to ensure that coordinated care programs meet the diverse needs

of enrollees with developmental, mental health, physical, and

age-related disabilities.

(b) Payment for such coordinated care shall be based on

arrangements where the State pays for performance related to

health care outcomes, the use of evidence-based practices, the

use of primary care delivered through comprehensive medical

homes, the use of electronic medical records, and the

appropriate exchange of health information electronically made

either on a capitated basis in which a fixed monthly premium

per recipient is paid and full financial risk is assumed for

the delivery of services, or through other risk-based payment

arrangements.

(c) To qualify for compliance with this Section, the 50%

goal shall be achieved by enrolling medical assistance

enrollees from each medical assistance enrollment category,

including parents, children, seniors, and people with

disabilities to the extent that current State Medicaid payment

laws would not limit federal matching funds for recipients in

care coordination programs. In addition, services must be more

comprehensively defined and more risk shall be assumed than in

the Department's primary care case management program as of

January 25, 2011 (the effective date of Public Act 96-1501)

this amendatory Act of the 96th General Assembly.

(d) The Department shall report to the General Assembly in

a separate part of its annual medical assistance program

report, beginning April, 2012 until April, 2016, on the

progress and implementation of the care coordination program

initiatives established by the provisions of Public Act 96-1501

this amendatory Act of the 96th General Assembly. The

Department shall include in its April 2011 report a full

analysis of federal laws or regulations regarding upper payment

limitations to providers and the necessary revisions or

adjustments in rate methodologies and payments to providers

under this Code that would be necessary to implement

coordinated care with full financial risk by a party other than

the Department.

(e) Integrated Care Program for individuals with chronic

mental health conditions.

(1) The Integrated Care Program shall encompass

services administered to recipients of medical assistance

under this Article to prevent exacerbations and

complications using cost-effective, evidence-based

practice guidelines and mental health management

strategies.

(2) The Department may utilize and expand upon existing

contractual arrangements with integrated care plans under

the Integrated Care Program for providing the coordinated

care provisions of this Section.

(3) Payment for such coordinated care shall be based on

arrangements where the State pays for performance related

to mental health outcomes on a capitated basis in which a

fixed monthly premium per recipient is paid and full

financial risk is assumed for the delivery of services, or

through other risk-based payment arrangements such as

provider-based care coordination.

(4) The Department shall examine whether chronic

mental health management programs and services for

recipients with specific chronic mental health conditions

do any or all of the following:

(A) Improve the patient's overall mental health in

a more expeditious and cost-effective manner.

(B) Lower costs in other aspects of the medical

assistance program, such as hospital admissions,

emergency room visits, or more frequent and

inappropriate psychotropic drug use.

(5) The Department shall work with the facilities and

any integrated care plan participating in the program to

identify and correct barriers to the successful

implementation of this subsection (e) prior to and during

the implementation to best facilitate the goals and

objectives of this subsection (e).

(f) A hospital that is located in a county of the State in

which the Department mandates some or all of the beneficiaries

of the Medical Assistance Program residing in the county to

enroll in a Care Coordination Program, as set forth in Section

5-30 of this Code, shall not be eligible for any non-claims

based payments not mandated by Article V-A of this Code for

which it would otherwise be qualified to receive, unless the

hospital is a Coordinated Care Participating Hospital no later

than 60 days after June 14, 2012 (the effective date of Public

Act 97-689) this amendatory Act of the 97th General Assembly or

60 days after the first mandatory enrollment of a beneficiary

in a Coordinated Care program. For purposes of this subsection,

"Coordinated Care Participating Hospital" means a hospital

that meets one of the following criteria:

(1) The hospital has entered into a contract to provide

hospital services with one or more MCOs to enrollees of the

care coordination program.

(2) The hospital has not been offered a contract by a

care coordination plan that the Department has determined

to be a good faith offer and that pays at least as much as

the Department would pay, on a fee-for-service basis, not

including disproportionate share hospital adjustment

payments or any other supplemental adjustment or add-on

payment to the base fee-for-service rate, except to the

extent such adjustments or add-on payments are

incorporated into the development of the applicable MCO

capitated rates.

As used in this subsection (f), "MCO" means any entity

which contracts with the Department to provide services where

payment for medical services is made on a capitated basis.

(g) No later than August 1, 2013, the Department shall

issue a purchase of care solicitation for Accountable Care

Entities (ACE) to serve any children and parents or caretaker

relatives of children eligible for medical assistance under

this Article. An ACE may be a single corporate structure or a

network of providers organized through contractual

relationships with a single corporate entity. The solicitation

shall require that:

(1) An ACE operating in Cook County be capable of

serving at least 40,000 eligible individuals in that

county; an ACE operating in Lake, Kane, DuPage, or Will

Counties be capable of serving at least 20,000 eligible

individuals in those counties and an ACE operating in other

regions of the State be capable of serving at least 10,000

eligible individuals in the region in which it operates.

During initial periods of mandatory enrollment, the

Department shall require its enrollment services

contractor to use a default assignment algorithm that

ensures if possible an ACE reaches the minimum enrollment

levels set forth in this paragraph.

(2) An ACE must include at a minimum the following

types of providers: primary care, specialty care,

hospitals, and behavioral healthcare.

(3) An ACE shall have a governance structure that

includes the major components of the health care delivery

system, including one representative from each of the

groups listed in paragraph (2).

(4) An ACE must be an integrated delivery system,

including a network able to provide the full range of

services needed by Medicaid beneficiaries and system

capacity to securely pass clinical information across

participating entities and to aggregate and analyze that

data in order to coordinate care.

(5) An ACE must be capable of providing both care

coordination and complex case management, as necessary, to

beneficiaries. To be responsive to the solicitation, a

potential ACE must outline its care coordination and

complex case management model and plan to reduce the cost

of care.

(6) In the first 18 months of operation, unless the ACE

selects a shorter period, an ACE shall be paid care

coordination fees on a per member per month basis that are

projected to be cost neutral to the State during the term

of their payment and, subject to federal approval, be

eligible to share in additional savings generated by their

care coordination.

(7) In months 19 through 36 of operation, unless the

ACE selects a shorter period, an ACE shall be paid on a

pre-paid capitation basis for all medical assistance

covered services, under contract terms similar to Managed

Care Organizations (MCO), with the Department sharing the

risk through either stop-loss insurance for extremely high

cost individuals or corridors of shared risk based on the

overall cost of the total enrollment in the ACE. The ACE

shall be responsible for claims processing, encounter data

submission, utilization control, and quality assurance.

(8) In the fourth and subsequent years of operation, an

ACE shall convert to a Managed Care Community Network

(MCCN), as defined in this Article, or Health Maintenance

Organization pursuant to the Illinois Insurance Code,

accepting full-risk capitation payments.

The Department shall allow potential ACE entities 5 months

from the date of the posting of the solicitation to submit

proposals. After the solicitation is released, in addition to

the MCO rate development data available on the Department's

website, subject to federal and State confidentiality and

privacy laws and regulations, the Department shall provide 2

years of de-identified summary service data on the targeted

population, split between children and adults, showing the

historical type and volume of services received and the cost of

those services to those potential bidders that sign a data use

agreement. The Department may add up to 2 non-state government

employees with expertise in creating integrated delivery

systems to its review team for the purchase of care

solicitation described in this subsection. Any such

individuals must sign a no-conflict disclosure and

confidentiality agreement and agree to act in accordance with

all applicable State laws.

During the first 2 years of an ACE's operation, the

Department shall provide claims data to the ACE on its

enrollees on a periodic basis no less frequently than monthly.

Nothing in this subsection shall be construed to limit the

Department's mandate to enroll 50% of its beneficiaries into

care coordination systems by January 1, 2015, using all

available care coordination delivery systems, including Care

Coordination Entities (CCE), MCCNs, or MCOs, nor be construed

to affect the current CCEs, MCCNs, and MCOs selected to serve

seniors and persons with disabilities prior to that date.

Nothing in this subsection precludes the Department from

considering future proposals for new ACEs or expansion of

existing ACEs at the discretion of the Department.

(h) Department contracts with MCOs and other entities

reimbursed by risk based capitation shall have a minimum

medical loss ratio of 85%, shall require the entity to

establish an appeals and grievances process for consumers and

providers, and shall require the entity to provide a quality

assurance and utilization review program. Entities contracted

with the Department to coordinate healthcare regardless of risk

shall be measured utilizing the same quality metrics. The

quality metrics may be population specific. Any contracted

entity serving at least 5,000 seniors or people with

disabilities or 15,000 individuals in other populations

covered by the Medical Assistance Program that has been

receiving full-risk capitation for a year shall be accredited

by a national accreditation organization authorized by the

Department within 2 years after the date it is eligible to

become accredited. The requirements of this subsection shall

apply to contracts with MCOs entered into or renewed or

extended after June 1, 2013.

(h-5) The Department shall monitor and enforce compliance

by MCOs with agreements they have entered into with providers

on issues that include, but are not limited to, timeliness of

payment, payment rates, and processes for obtaining prior

approval. The Department may impose sanctions on MCOs for

violating provisions of those agreements that include, but are

not limited to, financial penalties, suspension of enrollment

of new enrollees, and termination of the MCO's contract with

the Department. As used in this subsection (h-5), "MCO" has the

meaning ascribed to that term in Section 5-30.1 of this Code.

(i) Unless otherwise required by federal law, Medicaid

Managed Care Entities shall not divulge, directly or

indirectly, including by sending a bill or explanation of

benefits, information concerning the sensitive health services

received by enrollees of the Medicaid Managed Care Entity to

any person other than providers and care coordinators caring

for the enrollee and employees of the entity in the course of

the entity's internal operations. The Medicaid Managed Care

Entity may divulge information concerning the sensitive health

services if the enrollee who received the sensitive health

services requests the information from the Medicaid Managed

Care Entity and authorized the sending of a bill or explanation

of benefits. Communications including, but not limited to,

statements of care received or appointment reminders either

directly or indirectly to the enrollee from the health care

provider, health care professional, and care coordinators,

remain permissible.

For the purposes of this subsection, the term "Medicaid

Managed Care Entity" includes Care Coordination Entities,

Accountable Care Entities, Managed Care Organizations, and

Managed Care Community Networks.

For purposes of this subsection, the term "sensitive health

services" means mental health services, substance abuse

treatment services, reproductive health services, family

planning services, services for sexually transmitted

infections and sexually transmitted diseases, and services for

sexual assault or domestic abuse. Services include prevention,

screening, consultation, examination, treatment, or follow-up.

Nothing in this subsection shall be construed to relieve a

Medicaid Managed Care Entity or the Department of any duty to

report incidents of sexually transmitted infections to the

Department of Public Health or to the local board of health in

accordance with regulations adopted under a statute or

ordinance or to report incidents of sexually transmitted

infections as necessary to comply with the requirements under

Section 5 of the Abused and Neglected Child Reporting Act or as

otherwise required by State or federal law.

The Department shall create policy in order to implement

the requirements in this subsection.

(j) (i) Managed Care Entities (MCEs), including MCOs and

all other care coordination organizations, shall develop and

maintain a written language access policy that sets forth the

standards, guidelines, and operational plan to ensure language

appropriate services and that is consistent with the standard

of meaningful access for populations with limited English

proficiency. The language access policy shall describe how the

MCEs will provide all of the following required services:

(1) Translation (the written replacement of text from

one language into another) of all vital documents and forms

as identified by the Department.

(2) Qualified interpreter services (the oral

communication of a message from one language into another

by a qualified interpreter).

(3) Staff training on the language access policy,

including how to identify language needs, access and

provide language assistance services, work with

interpreters, request translations, and track the use of

language assistance services.

(4) Data tracking that identifies the language need.

(5) Notification to participants on the availability

of language access services and on how to access such

services.

(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

99-106, eff. 1-1-16; 99-181, eff. 7-29-15; revised 10-26-15.)

(305 ILCS 5/10-25)

(Text of Section before amendment by P.A. 99-157)

Sec. 10-25. Administrative liens and levies on real

property for past-due child support.

(a) Notwithstanding any other State or local law to the

contrary, the State shall have a lien on all legal and

equitable interests of responsible relatives in their real

property in the amount of past-due child support owing pursuant

to an order for child support entered under Sections 10-10 and

10-11 of this Code, or under the Illinois Marriage and

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

Children Act, the Non-Support Punishment Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act of

1984, or the Illinois Parentage Act of 2015.

(b) The Illinois Department shall provide by rule for

notice to and an opportunity to be heard by each responsible

relative affected, and any final administrative decision

rendered by the Illinois Department shall be reviewed only

under and in accordance with the Administrative Review Law.

(c) When enforcing a lien under subsection (a) of this

Section, the Illinois Department shall have the authority to

execute notices of administrative liens and levies, which shall

contain the name and address of the responsible relative, a

legal description of the real property to be levied, the fact

that a lien is being claimed for past-due child support, and

such other information as the Illinois Department may by rule

prescribe. The Illinois Department shall record the notice of

lien with the recorder or registrar of titles of the county or

counties in which the real estate is located.

(d) The State's lien under subsection (a) shall be

enforceable upon the recording or filing of a notice of lien

with the recorder or registrar of titles of the county or

counties in which the real estate is located. The lien shall be

prior to any lien thereafter recorded or filed and shall be

notice to a subsequent purchaser, assignor, or encumbrancer of

the existence and nature of the lien. The lien shall be

inferior to the lien of general taxes, special assessment, and

special taxes heretofore or hereafter levied by any political

subdivision or municipal corporation of the State.

In the event that title to the land to be affected by the

notice of lien is registered under the Registered Titles

(Torrens) Act, the notice shall be filed in the office of the

registrar of titles as a memorial or charge upon each folium of

the register of titles affected by the notice; but the State

shall not have a preference over the rights of any bona fide

purchaser, mortgagee, judgment creditor, or other lien holders

registered prior to the registration of the notice.

(e) The recorder or registrar of titles of each county

shall procure a file labeled "Child Support Lien Notices" and

an index book labeled "Child Support Lien Notices". When notice

of any lien is presented to the recorder or registrar of titles

for filing, the recorder or registrar of titles shall file it

in numerical order in the file and shall enter it

alphabetically in the index. The entry shall show the name and

last known address of the person named in the notice, the

serial number of the notice, the date and hour of filing, and

the amount of child support due at the time when the lien is

filed.

(f) The Illinois Department shall not be required to

furnish bond or make a deposit for or pay any costs or fees of

any court or officer thereof in any legal proceeding involving

the lien.

(g) To protect the lien of the State for past-due child

support, the Illinois Department may, from funds that are

available for that purpose, pay or provide for the payment of

necessary or essential repairs, purchase tax certificates, pay

balances due on land contracts, or pay or cause to be satisfied

any prior liens on the property to which the lien hereunder

applies.

(h) A lien on real property under this Section shall be

released pursuant to Section 12-101 of the Code of Civil

Procedure.

(i) The Illinois Department, acting in behalf of the State,

may foreclose the lien in a judicial proceeding to the same

extent and in the same manner as in the enforcement of other

liens. The process, practice, and procedure for the foreclosure

shall be the same as provided in the Code of Civil Procedure.

(Source: P.A. 99-85, eff. 1-1-16.)

(Text of Section after amendment by P.A. 99-157)

Sec. 10-25. Administrative liens and levies on real

property for past-due child support and for fines against a

payor who wilfully fails to withhold or pay over income

pursuant to a properly served income withholding notice or

otherwise fails to comply with any duties imposed by the Income

Withholding for Support Act.

(a) Notwithstanding any other State or local law to the

contrary, the State shall have a lien on all legal and

equitable interests of responsible relatives in their real

property in the amount of past-due child support owing pursuant

to an order for child support entered under Sections 10-10 and

10-11 of this Code, or under the Illinois Marriage and

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

Children Act, the Non-Support Punishment Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act of

1984, or the Illinois Parentage Act of 2015.

(a-5) The State shall have a lien on all legal and

equitable interests of a payor, as that term is described in

the Income Withholding for Support Act, in the payor's real

property in the amount of any fine imposed by the Illinois

Department pursuant to the Income Withholding for Support Act.

(b) The Illinois Department shall provide by rule for

notice to and an opportunity to be heard by each responsible

relative or payor affected, and any final administrative

decision rendered by the Illinois Department shall be reviewed

only under and in accordance with the Administrative Review

Law.

(c) When enforcing a lien under subsection (a) of this

Section, the Illinois Department shall have the authority to

execute notices of administrative liens and levies, which shall

contain the name and address of the responsible relative or

payor, a legal description of the real property to be levied,

the fact that a lien is being claimed for past-due child

support or for the fines imposed on a payor pursuant to the

Income Withholding for Support Act, and such other information

as the Illinois Department may by rule prescribe. The Illinois

Department shall record the notice of lien with the recorder or

registrar of titles of the county or counties in which the real

estate is located.

(d) The State's lien under subsection (a) shall be

enforceable upon the recording or filing of a notice of lien

with the recorder or registrar of titles of the county or

counties in which the real estate is located. The lien shall be

prior to any lien thereafter recorded or filed and shall be

notice to a subsequent purchaser, assignor, or encumbrancer of

the existence and nature of the lien. The lien shall be

inferior to the lien of general taxes, special assessment, and

special taxes heretofore or hereafter levied by any political

subdivision or municipal corporation of the State.

In the event that title to the land to be affected by the

notice of lien is registered under the Registered Titles

(Torrens) Act, the notice shall be filed in the office of the

registrar of titles as a memorial or charge upon each folium of

the register of titles affected by the notice; but the State

shall not have a preference over the rights of any bona fide

purchaser, mortgagee, judgment creditor, or other lien holders

registered prior to the registration of the notice.

(e) The recorder or registrar of titles of each county

shall procure a file labeled "Child Support Lien Notices" and

an index book labeled "Child Support Lien Notices". When notice

of any lien is presented to the recorder or registrar of titles

for filing, the recorder or registrar of titles shall file it

in numerical order in the file and shall enter it

alphabetically in the index. The entry shall show the name and

last known address of the person or payor named in the notice,

the serial number of the notice, the date and hour of filing,

and the amount of child support or the amount of the fine

imposed on the payor due at the time when the lien is filed.

(f) The Illinois Department shall not be required to

furnish bond or make a deposit for or pay any costs or fees of

any court or officer thereof in any legal proceeding involving

the lien.

(g) To protect the lien of the State for past-due child

support and for any fine imposed against a payor, the Illinois

Department may, from funds that are available for that purpose,

pay or provide for the payment of necessary or essential

repairs, purchase tax certificates, pay balances due on land

contracts, or pay or cause to be satisfied any prior liens on

the property to which the lien hereunder applies.

(h) A lien on real property under this Section shall be

released pursuant to Section 12-101 of the Code of Civil

Procedure.

(i) The Illinois Department, acting in behalf of the State,

may foreclose the lien in a judicial proceeding to the same

extent and in the same manner as in the enforcement of other

liens. The process, practice, and procedure for the foreclosure

shall be the same as provided in the Code of Civil Procedure.

(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised

10-26-15.)

(305 ILCS 5/10-25.5)

(Text of Section before amendment by P.A. 99-157)

Sec. 10-25.5. Administrative liens and levies on personal

property for past-due child support.

(a) Notwithstanding any other State or local law to the

contrary, the State shall have a lien on all legal and

equitable interests of responsible relatives in their personal

property, including any account in a financial institution as

defined in Section 10-24, or in the case of an insurance

company or benefit association only in accounts as defined in

Section 10-24, in the amount of past-due child support owing

pursuant to an order for child support entered under Sections

10-10 and 10-11 of this Code, or under the Illinois Marriage

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

Children Act, the Non-Support Punishment Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act of

1984, or the Illinois Parentage Act of 2015.

(b) The Illinois Department shall provide by rule for

notice to and an opportunity to be heard by each responsible

relative affected, and any final administrative decision

rendered by the Illinois Department shall be reviewed only

under and in accordance with the Administrative Review Law.

(c) When enforcing a lien under subsection (a) of this

Section, the Illinois Department shall have the authority to

execute notices of administrative liens and levies, which shall

contain the name and address of the responsible relative, a

description of the property to be levied, the fact that a lien

is being claimed for past-due child support, and such other

information as the Illinois Department may by rule prescribe.

The Illinois Department may serve the notice of lien or levy

upon any financial institution where the accounts as defined in

Section 10-24 of the responsible relative may be held, for

encumbrance or surrender of the accounts as defined in Section

10-24 by the financial institution.

(d) The Illinois Department shall enforce its lien against

the responsible relative's personal property, other than

accounts as defined in Section 10-24 in financial institutions,

and levy upon such personal property in the manner provided for

enforcement of judgments contained in Article XII of the Code

of Civil Procedure.

(e) The Illinois Department shall not be required to

furnish bond or make a deposit for or pay any costs or fees of

any court or officer thereof in any legal proceeding involving

the lien.

(f) To protect the lien of the State for past-due child

support, the Illinois Department may, from funds that are

available for that purpose, pay or provide for the payment of

necessary or essential repairs, purchase tax certificates, or

pay or cause to be satisfied any prior liens on the property to

which the lien hereunder applies.

(g) A lien on personal property under this Section shall be

released in the manner provided under Article XII of the Code

of Civil Procedure. Notwithstanding the foregoing, a lien under

this Section on accounts as defined in Section 10-24 shall

expire upon the passage of 120 days from the date of issuance

of the Notice of Lien or Levy by the Illinois Department.

However, the lien shall remain in effect during the pendency of

any appeal or protest.

(h) A lien created under this Section is subordinate to any

prior lien of the financial institution or any prior lien

holder or any prior right of set-off that the financial

institution may have against the assets, or in the case of an

insurance company or benefit association only in the accounts

as defined in Section 10-24.

(i) A financial institution has no obligation under this

Section to hold, encumber, or surrender the assets, or in the

case of an insurance company or benefit association only the

accounts as defined in Section 10-24, until the financial

institution has been properly served with a subpoena, summons,

warrant, court or administrative order, or administrative lien

and levy requiring that action.

(Source: P.A. 99-85, eff. 1-1-16.)

(Text of Section after amendment by P.A. 99-157)

Sec. 10-25.5. Administrative liens and levies on personal

property for past-due child support and for fines against a

payor who wilfully fails to withhold or pay over income

pursuant to a properly served income withholding notice or

otherwise fails to comply with any duties imposed by the Income

Withholding for Support Act.

(a) Notwithstanding any other State or local law to the

contrary, the State shall have a lien on all legal and

equitable interests of responsible relatives in their personal

property, including any account in a financial institution as

defined in Section 10-24, or in the case of an insurance

company or benefit association only in accounts as defined in

Section 10-24, in the amount of past-due child support owing

pursuant to an order for child support entered under Sections

10-10 and 10-11 of this Code, or under the Illinois Marriage

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

Children Act, the Non-Support Punishment Act, the Uniform

Interstate Family Support Act, the Illinois Parentage Act of

1984, or the Illinois Parentage Act of 2015.

(a-5) The State shall have a lien on all legal and

equitable interests of a payor, as that term is described in

the Income Withholding for Support Act, in the payor's personal

property in the amount of any fine imposed by the Illinois

Department pursuant to the Income Withholding for Support Act.

(b) The Illinois Department shall provide by rule for

notice to and an opportunity to be heard by each responsible

relative or payor affected, and any final administrative

decision rendered by the Illinois Department shall be reviewed

only under and in accordance with the Administrative Review

Law.

(c) When enforcing a lien under subsection (a) of this

Section, the Illinois Department shall have the authority to

execute notices of administrative liens and levies, which shall

contain the name and address of the responsible relative or

payor, a description of the property to be levied, the fact

that a lien is being claimed for past-due child support, and

such other information as the Illinois Department may by rule

prescribe. The Illinois Department may serve the notice of lien

or levy upon any financial institution where the accounts as

defined in Section 10-24 of the responsible relative may be

held, for encumbrance or surrender of the accounts as defined

in Section 10-24 by the financial institution.

(d) The Illinois Department shall enforce its lien against

the responsible relative's or payor's personal property, other

than accounts as defined in Section 10-24 in financial

institutions, and levy upon such personal property in the

manner provided for enforcement of judgments contained in

Article XII of the Code of Civil Procedure.

(e) The Illinois Department shall not be required to

furnish bond or make a deposit for or pay any costs or fees of

any court or officer thereof in any legal proceeding involving

the lien.

(f) To protect the lien of the State for past-due child

support and for any fine imposed on a payor, the Illinois

Department may, from funds that are available for that purpose,

pay or provide for the payment of necessary or essential

repairs, purchase tax certificates, or pay or cause to be

satisfied any prior liens on the property to which the lien

hereunder applies.

(g) A lien on personal property under this Section shall be

released in the manner provided under Article XII of the Code

of Civil Procedure. Notwithstanding the foregoing, a lien under

this Section on accounts as defined in Section 10-24 shall

expire upon the passage of 120 days from the date of issuance

of the Notice of Lien or Levy by the Illinois Department.

However, the lien shall remain in effect during the pendency of

any appeal or protest.

(h) A lien created under this Section is subordinate to any

prior lien of the financial institution or any prior lien

holder or any prior right of set-off that the financial

institution may have against the assets, or in the case of an

insurance company or benefit association only in the accounts

as defined in Section 10-24.

(i) A financial institution has no obligation under this

Section to hold, encumber, or surrender the assets, or in the

case of an insurance company or benefit association only the

accounts as defined in Section 10-24, until the financial

institution has been properly served with a subpoena, summons,

warrant, court or administrative order, or administrative lien

and levy requiring that action.

(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; revised

10-27-15.)

Section 405. The Adult Protective Services Act is amended

by changing Section 8 as follows:

(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;

(1.5) A representative of the public guardian acting in

the course of investigating the appropriateness of

guardianship for the eligible adult or while pursuing a

petition for guardianship of the eligible adult pursuant to

the Probate Act of 1975;

(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 and provider agency 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 and provider

agency 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 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. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;

99-143, eff. 7-27-15; 99-287, eff. 1-1-16; revised 10-26-15.)

Section 410. The Abused and Neglected Child Reporting Act

is amended by changing Section 7.8 as follows:

(325 ILCS 5/7.8)

(Text of Section before amendment by P.A. 99-350)

Sec. 7.8. Upon receiving an oral or written report of

suspected child abuse or neglect, the Department shall

immediately notify, either orally or electronically, the Child

Protective Service Unit of a previous report concerning a

subject of the present report or other pertinent information.

In addition, upon satisfactory identification procedures, to

be established by Department regulation, any person authorized

to have access to records under Section 11.1 relating to child

abuse and neglect may request and shall be immediately provided

the information requested in accordance with this Act. However,

no information shall be released unless it prominently states

the report is "indicated", and only information from

"indicated" reports shall be released, except that information

concerning pending reports may be released pursuant to Sections

7.14 and 7.22 of this Act to the attorney or guardian ad litem

appointed under Section 2-17 of the Juvenile Court Act of 1987

and to any person authorized under paragraphs (1), (2), (3) and

(11) of Section 11.1. In addition, State's Attorneys are

authorized to receive unfounded reports (i) for prosecution

purposes related to the transmission of false reports of child

abuse or neglect in violation of subsection (a), paragraph (7)

of Section 26-1 of the Criminal Code of 2012 or (ii) for the

purposes of screening and prosecuting a petition filed under

Article II of the Juvenile Court Act of 1987 alleging a

subsequent allegation of abuse or neglect relating to the same

child, a sibling of the child, or the same perpetrator; the

parties to the proceedings filed under Article II of the

Juvenile Court Act of 1987 are entitled to receive copies of

previously unfounded reports regarding the same child, a

sibling of the child, or the same perpetrator for purposes of

hearings under Sections 2-10 and 2-21 of the Juvenile Court Act

of 1987, and attorneys and guardians ad litem appointed under

Article II of the Juvenile Court Act of 1987 shall receive the

reports set forth in Section 7.14 of this Act in conformance

with paragraph (19) of Section 11.1 and Section 7.14 of this

Act. The names and other identifying data and the dates and the

circumstances of any persons requesting or receiving

information from the central register shall be entered in the

register record.

(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,

eff. 1-1-16.)

(Text of Section after amendment by P.A. 99-350)

Sec. 7.8. Upon receiving an oral or written report of

suspected child abuse or neglect, the Department shall

immediately notify, either orally or electronically, the Child

Protective Service Unit of a previous report concerning a

subject of the present report or other pertinent information.

In addition, upon satisfactory identification procedures, to

be established by Department regulation, any person authorized

to have access to records under Section 11.1 relating to child

abuse and neglect may request and shall be immediately provided

the information requested in accordance with this Act. However,

no information shall be released unless it prominently states

the report is "indicated", and only information from

"indicated" reports shall be released, except that information

concerning pending reports may be released pursuant to Sections

7.14 and 7.22 of this Act to the attorney or guardian ad litem

appointed under Section 2-17 of the Juvenile Court Act of 1987

and to any person authorized under paragraphs (1), (2), (3) and

(11) of Section 11.1. In addition, State's Attorneys are

authorized to receive unfounded reports (i) for prosecution

purposes related to the transmission of false reports of child

abuse or neglect in violation of subsection (a), paragraph (7)

of Section 26-1 of the Criminal Code of 2012 or (ii) for the

purposes of screening and prosecuting a petition filed under

Article II of the Juvenile Court Act of 1987 alleging a

subsequent allegation of abuse or neglect relating to the same

child, a sibling of the child, or the same perpetrator; the

parties to the proceedings filed under Article II of the

Juvenile Court Act of 1987 are entitled to receive copies of

previously unfounded reports regarding the same child, a

sibling of the child, or the same perpetrator for purposes of

hearings under Sections 2-10 and 2-21 of the Juvenile Court Act

of 1987, and attorneys and guardians ad litem appointed under

Article II of the Juvenile Court Act of 1987 shall receive the

reports set forth in Section 7.14 of this Act in conformance

with paragraph (19) of Section 11.1 and Section 7.14 of this

Act. The Department is authorized and required to release

information from unfounded reports, upon request by a person

who has access to the unfounded report as provided in this Act,

as necessary in its determination to protect children and adult

residents who are in child care facilities licensed by the

Department under the Child Care Act of 1969. The names and

other identifying data and the dates and the circumstances of

any persons requesting or receiving information from the

central register shall be entered in the register record.

(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,

eff. 1-1-16; 99-350, eff. 6-1-16; revised 10-27-15.)

Section 415. The Mental Health and Developmental

Disabilities Code is amended by changing Section 6-103.2 as

follows:

(405 ILCS 5/6-103.2)

Sec. 6-103.2. Developmental disability; notice. If a

person 14 years old or older is determined to be a person with

a developmental disability by a physician, clinical

psychologist, or qualified examiner, the physician, clinical

psychologist, or qualified examiner shall notify the

Department of Human Services within 7 days 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.

For purposes of this Section, "developmental disability"

"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 disability. This disability results,

in the professional opinion of a physician, clinical

psychologist, or qualified examiner, in significant functional

limitations in 3 or more of the following areas of major life

activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"Determined to be a person with a developmental disability

developmentally disabled by a physician, clinical

psychologist, or qualified examiner" means in the professional

opinion of the physician, clinical psychologist, or qualified

examiner, a person is diagnosed, assessed, or evaluated as

having a developmental disability to be developmentally

disabled.

(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

eff. 7-27-15; revised 11-13-15.)

Section 420. The Community Services Act is amended by

changing the title of the Act as follows:

(405 ILCS 30/Act title)

An Act to facilitate the establishment of community

services for persons who are mentally ill,, alcohol dependent,

or addicted or who are persons with developmental disabilities.

Section 425. The Developmental Disability and Mental

Disability Services Act is amended by changing Sections 2-3 and

5-1 as follows:

(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 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.

(e) "Adult with a mental disability" 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 lives alone; or that an adult with a mental

disability is in full-time residence with his or her parents,

legal guardian, or other relatives; or that an adult with a

mental disability 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, the MC/DD 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 who do not

provide home-based services to the adult with a mental

disability.

(g) "Parent" means the biological or adoptive parent of an

adult with a mental disability, or a person licensed as a

foster parent under the laws of this State who acts as a 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 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.

(2) The evaluation determines multiple disabilities 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. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; revised 10-15-15.)

(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, 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,

the ID/DD Community Care Act, or the MC/DD Act, as now or

hereafter amended, and this Act shall not be construed to limit

the application of those Acts.

(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;

99-180, eff. 7-29-15; revised 10-15-15.)

Section 430. The Sexual Assault Survivors Emergency

Treatment Act is amended by changing Section 5 as follows:

(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)

Sec. 5. Minimum requirements for hospitals providing

hospital emergency services and forensic services to sexual

assault survivors.

(a) Every hospital providing hospital emergency services

and forensic services to sexual assault survivors under this

Act shall, as minimum requirements for such services, provide,

with the consent of the sexual assault survivor, and as ordered

by the attending physician, an advanced practice nurse, or a

physician assistant, the following:

(1) appropriate medical examinations and laboratory

tests required to ensure the health, safety, and welfare of

a sexual assault survivor or which may be used as evidence

in a criminal proceeding against a person accused of the

sexual assault, or both; and records of the results of such

examinations and tests shall be maintained by the hospital

and made available to law enforcement officials upon the

request of the sexual assault survivor;

(2) appropriate oral and written information

concerning the possibility of infection, sexually

transmitted disease and pregnancy resulting from sexual

assault;

(3) appropriate oral and written information

concerning accepted medical procedures, medication, and

possible contraindications of such medication available

for the prevention or treatment of infection or disease

resulting from sexual assault;

(4) an amount of medication for treatment at the

hospital and after discharge as is deemed appropriate by

the attending physician, an advanced practice nurse, or a

physician assistant and consistent with the hospital's

current approved protocol for sexual assault survivors;

(5) an evaluation of the sexual assault survivor's risk

of contracting human immunodeficiency virus (HIV) from the

sexual assault;

(6) written and oral instructions indicating the need

for follow-up examinations and laboratory tests after the

sexual assault to determine the presence or absence of

sexually transmitted disease;

(7) referral by hospital personnel for appropriate

counseling; and

(8) when HIV prophylaxis is deemed appropriate, an

initial dose or doses of HIV prophylaxis, along with

written and oral instructions indicating the importance of

timely follow-up healthcare.

(b) Any person who is a sexual assault survivor who seeks

emergency hospital services and forensic services or follow-up

healthcare under this Act shall be provided such services

without the consent of any parent, guardian, custodian,

surrogate, or agent.

(b-5) Every treating hospital providing hospital emergency

and forensic services to sexual assault survivors shall issue a

voucher to any sexual assault survivor who is eligible to

receive one. The hospital shall make a copy of the voucher and

place it in the medical record of the sexual assault survivor.

The hospital shall provide a copy of the voucher to the sexual

assault survivor after discharge upon request.

(c) Nothing in this Section creates a physician-patient

relationship that extends beyond discharge from the hospital

emergency department.

(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;

revised 10-16-15.)

Section 435. The Compassionate Use of Medical Cannabis

Pilot Program Act is amended by changing Section 45 as follows:

(410 ILCS 130/45)

(Section scheduled to be repealed on January 1, 2018)

Sec. 45. Addition of debilitating medical conditions. Any

citizen may petition the Department of Public Health to add

debilitating conditions or treatments to the list of

debilitating medical conditions listed in subsection (h) of

Section 10. The Department of Public Health shall consider

petitions in the manner required by Department rule, including

public notice and hearing. The Department shall approve or deny

a petition within 180 days of its submission, and, upon

approval, shall proceed to add that condition by rule in

accordance with the Illinois Administrative Procedure Act. The

approval or denial of any petition is a final decision of the

Department, subject to judicial review. Jurisdiction and venue

are vested in the Circuit Court.

(Source: P.A. 98-122, eff. 1-1-14; revised 10-21-15.)

Section 440. The AIDS Confidentiality Act is amended by

changing Section 3 as follows:

(410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)

Sec. 3. Definitions. When used in this Act:

(a) "AIDS" means acquired immunodeficiency syndrome.

(b) "Authority" means the Illinois Health Information

Exchange Authority established pursuant to the Illinois Health

Information Exchange and Technology Act.

(c) "Business associate" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 160.103.

(d) "Covered entity" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

(e) "De-identified information" means health information

that is not individually identifiable as described under HIPAA,

as specified in 45 CFR 164.514(b).

(f) "Department" means the Illinois Department of Public

Health or its designated agents.

(g) "Disclosure" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 160.103.

(h) "Health care operations" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 164.501.

(i) "Health care professional" means (i) a licensed

physician, (ii) a licensed physician assistant, (iii) a

licensed advanced practice nurse, (iv) an advanced practice

nurse or physician assistant who practices in a hospital or

ambulatory surgical treatment center and possesses appropriate

clinical privileges, (v) a licensed dentist, (vi) a licensed

podiatric physician, or (vii) an individual certified to

provide HIV testing and counseling by a state or local public

health department.

(j) "Health care provider" has the meaning ascribed to it

under HIPAA, as specified in 45 CFR 160.103.

(k) "Health facility" means a hospital, nursing home, blood

bank, blood center, sperm bank, or other health care

institution, including any "health facility" as that term is

defined in the Illinois Finance Authority Act.

(l) "Health information exchange" or "HIE" means a health

information exchange or health information organization that

oversees and governs the electronic exchange of health

information that (i) is established pursuant to the Illinois

Health Information Exchange and Technology Act, or any

subsequent amendments thereto, and any administrative rules

adopted thereunder; (ii) has established a data sharing

arrangement with the Authority; or (iii) as of August 16, 2013,

was designated by the Authority Board as a member of, or was

represented on, the Authority Board's Regional Health

Information Exchange Workgroup; provided that such designation

shall not require the establishment of a data sharing

arrangement or other participation with the Illinois Health

Information Exchange or the payment of any fee. In certain

circumstances, in accordance with HIPAA, an HIE will be a

business associate.

(m) "Health oversight agency" has the meaning ascribed to

it under HIPAA, as specified in 45 CFR 164.501.

(n) "HIPAA" means the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, as amended by

the Health Information Technology for Economic and Clinical

Health Act of 2009, Public Law 111-05, and any subsequent

amendments thereto and any regulations promulgated thereunder.

(o) "HIV" means the human immunodeficiency virus.

(p) "HIV-related information" means the identity of a

person upon whom an HIV test is performed, the results of an

HIV test, as well as diagnosis, treatment, and prescription

information that reveals a patient is HIV-positive, including

such information contained in a limited data set. "HIV-related

information" does not include information that has been

de-identified in accordance with HIPAA.

(q) "Informed consent" means:

(1) where a health care provider, health care

professional, or health facility has implemented opt-in

testing, a process by which an individual or their legal

representative receives pre-test information, has an

opportunity to ask questions, and consents verbally or in

writing to the test without undue inducement or any element

of force, fraud, deceit, duress, or other form of

constraint or coercion; or

(2) where a health care provider, health care

professional, or health facility has implemented opt-out

testing, the individual or their legal representative has

been notified verbally or in writing that the test is

planned, has received pre-test information, has been given

the opportunity to ask questions and the opportunity to

decline testing, and has not declined testing; where such

notice is provided, consent for opt-out HIV testing may be

incorporated into the patient's general consent for

medical care on the same basis as are other screening or

diagnostic tests; a separate consent for opt-out HIV

testing is not required.

In addition, where the person providing informed consent is

a participant in an HIE, informed consent requires a fair

explanation that the results of the patient's HIV test will be

accessible through an HIE and meaningful disclosure of the

patient's opt-out right under Section 9.6 of this Act.

A health care provider, health care professional, or health

facility undertaking an informed consent process for HIV

testing under this subsection may combine a form used to obtain

informed consent for HIV testing with forms used to obtain

written consent for general medical care or any other medical

test or procedure, provided that the forms make it clear that

the subject may consent to general medical care, tests, or

procedures without being required to consent to HIV testing,

and clearly explain how the subject may decline HIV testing.

Health facility clerical staff or other staff responsible for

the consent form for general medical care may obtain consent

for HIV testing through a general consent form.

(r) "Limited data set" has the meaning ascribed to it under

HIPAA, as described in 45 CFR 164.514(e)(2).

(s) "Minimum necessary" means the HIPAA standard for using,

disclosing, and requesting protected health information found

in 45 CFR 164.502(b) and 164.514(d).

(s-1) "Opt-in testing" means an approach where an HIV test

is presented by offering the test and the patient accepts or

declines testing.

(s-3) "Opt-out testing" means an approach where an HIV test

is presented such that a patient is notified that HIV testing

may occur unless the patient declines.

(t) "Organized health care arrangement" has the meaning

ascribed to it under HIPAA, as specified in 45 CFR 160.103.

(u) "Patient safety activities" has the meaning ascribed to

it under 42 CFR 3.20.

(v) "Payment" has the meaning ascribed to it under HIPAA,

as specified in 45 CFR 164.501.

(w) "Person" includes any natural person, partnership,

association, joint venture, trust, governmental entity, public

or private corporation, health facility, or other legal entity.

(w-5) "Pre-test information" means:

(1) a reasonable explanation of the test, including its

purpose, potential uses, limitations, and the meaning of

its results; and

(2) a reasonable explanation of the procedures to be

followed, including the voluntary nature of the test, the

availability of a qualified person to answer questions, the

right to withdraw consent to the testing process at any

time, the right to anonymity to the extent provided by law

with respect to participation in the test and disclosure of

test results, and the right to confidential treatment of

information identifying the subject of the test and the

results of the test, to the extent provided by law.

Pre-test information may be provided in writing, verbally,

or by video, electronic, or other means and may be provided as

designated by the supervising health care professional or the

health facility.

For the purposes of this definition, a qualified person to

answer questions is a health care professional or, when acting

under the supervision of a health care professional, a

registered nurse, medical assistant, or other person

determined to be sufficiently knowledgeable about HIV testing,

its purpose, potential uses, limitations, the meaning of the

test results, and the testing procedures in the professional

judgment of a supervising health care professional or as

designated by a health care facility.

(x) "Protected health information" has the meaning

ascribed to it under HIPAA, as specified in 45 CFR 160.103.

(y) "Research" has the meaning ascribed to it under HIPAA,

as specified in 45 CFR 164.501.

(z) "State agency" means an instrumentality of the State of

Illinois and any instrumentality of another state that,

pursuant to applicable law or a written undertaking with an

instrumentality of the State of Illinois, is bound to protect

the privacy of HIV-related information of Illinois persons.

(aa) "Test" or "HIV test" means a test to determine the

presence of the antibody or antigen to HIV, or of HIV

infection.

(bb) "Treatment" has the meaning ascribed to it under

HIPAA, as specified in 45 CFR 164.501.

(cc) "Use" has the meaning ascribed to it under HIPAA, as

specified in 45 CFR 160.103, where context dictates.

(Source: P.A. 98-214, eff. 8-9-13; 98-1046, eff. 1-1-15; 99-54,

eff. 1-1-16; 99-173, eff. 7-29-15; revised 10-16-15.)

Section 445. The Illinois Sexually Transmissible Disease

Control Act is amended by changing Section 5.5 as follows:

(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)

Sec. 5.5. Risk assessment.

(a) Whenever the Department receives a report of HIV

infection or AIDS pursuant to this Act and the Department

determines that the subject of the report may present or may

have presented a possible risk of HIV transmission, the

Department shall, when medically appropriate, investigate the

subject of the report and that person's contacts as defined in

subsection (c), to assess the potential risks of transmission.

Any investigation and action shall be conducted in a timely

fashion. All contacts other than those defined in subsection

(c) shall be investigated in accordance with Section 5 of this

Act.

(b) If the Department determines that there is or may have

been potential risks of HIV transmission from the subject of

the report to other persons, the Department shall afford the

subject the opportunity to submit any information and comment

on proposed actions the Department intends to take with respect

to the subject's contacts who are at potential risk of

transmission of HIV prior to notification of the subject's

contacts. The Department shall also afford the subject of the

report the opportunity to notify the subject's contacts in a

timely fashion who are at potential risk of transmission of HIV

prior to the Department taking any steps to notify such

contacts. If the subject declines to notify such contacts or if

the Department determines the notices to be inadequate or

incomplete, the Department shall endeavor to notify such other

persons of the potential risk, and offer testing and counseling

services to these individuals. When the contacts are notified,

they shall be informed of the disclosure provisions of the AIDS

Confidentiality Act and the penalties therein and this Section.

(c) Contacts investigated under this Section shall in the

case of HIV infection include (i) individuals who have

undergone invasive procedures performed by an HIV infected

health care provider and (ii) health care providers who have

performed invasive procedures for persons infected with HIV,

provided the Department has determined that there is or may

have been potential risk of HIV transmission from the health

care provider to those individuals or from infected persons to

health care providers. The Department shall have access to the

subject's records to review for the identity of contacts. The

subject's records shall not be copied or seized by the

Department.

For purposes of this subsection, the term "invasive

procedures" means those procedures termed invasive by the

Centers for Disease Control in current guidelines or

recommendations for the prevention of HIV transmission in

health care settings, and the term "health care provider" means

any physician, dentist, podiatric physician, advanced practice

nurse, physician assistant, nurse, or other person providing

health care services of any kind.

(d) All information and records held by the Department and

local health authorities pertaining to activities conducted

pursuant to this Section shall be strictly confidential and

exempt from copying and inspection under the Freedom of

Information Act. Such information and records shall not be

released or made public by the Department or local health

authorities, and 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 and shall be treated in

the same manner as the information and those records subject to

the provisions of Part 21 of Article VIII of the Code of Civil

Procedure except under the following circumstances:

(1) When made with the written consent of all persons

to whom this information pertains;

(2) When authorized under Section 8 to be released

under court order or subpoena pursuant to Section 12-5.01

or 12-16.2 of the Criminal Code of 1961 or the Criminal

Code of 2012; or

(3) When made by the Department for the purpose of

seeking a warrant authorized by Sections 6 and 7 of this

Act. Such disclosure shall conform to the requirements of

subsection (a) of Section 8 of this Act.

(e) Any person who knowingly or maliciously disseminates

any information or report concerning the existence of any

disease under this Section is guilty of a Class A misdemeanor.

(Source: P.A. 97-1150, eff. 1-25-13; 98-214, eff. 8-9-13;

98-756, eff. 7-16-14; revised 10-15-15.)

Section 450. The Food Handling Regulation Enforcement Act

is amended by changing Section 3.3 as follows:

(410 ILCS 625/3.3)

Sec. 3.3. Farmers' markets.

(a) The General Assembly finds as follows:

(1) Farmers' markets, as defined in subsection (b) of

this Section, provide not only a valuable marketplace for

farmers and food artisans to sell their products directly

to consumers, but also a place for consumers to access

fresh fruits, vegetables, and other agricultural products.

(2) Farmers' markets serve as a stimulator for local

economies and for thousands of new businesses every year,

allowing farmers to sell directly to consumers and capture

the full retail value of their products. They have become

important community institutions and have figured in the

revitalization of downtown districts and rural

communities.

(3) Since 1999, the number of farmers' markets has

tripled and new ones are being established every year.

There is a lack of consistent regulation from one county to

the next, resulting in confusion and discrepancies between

counties regarding how products may be sold.

(4) In 1999, the Department of Public Health published

Technical Information Bulletin/Food #30 in order to

outline the food handling and sanitation guidelines

required for farmers' markets, producer markets, and other

outdoor food sales events.

(5) While this bulletin was revised in 2010, there

continues to be inconsistencies, confusion, and lack of

awareness by consumers, farmers, markets, and local health

authorities of required guidelines affecting farmers'

markets from county to county.

(b) For the purposes of this Section:

"Department" means the Department of Public Health.

"Director" means the Director of Public Health.

"Farmers' market" means a common facility or area where the

primary purpose is for farmers to gather to sell a variety of

fresh fruits and vegetables and other locally produced farm and

food products directly to consumers.

(c) In order to facilitate the orderly and uniform

statewide implementation of the standards established in the

Department of Public Health's administrative rules for this

Section, the Farmers' Market Task Force shall be formed by the

Director to assist the Department in implementing statewide

administrative regulations for farmers' markets.

(d) This Section does not intend and shall not be construed

to limit the power of counties, municipalities, and other local

government units to regulate farmers' markets for the

protection of the public health, safety, morals, and welfare,

including, but not limited to, licensing requirements and time,

place, and manner restrictions. This Section provides for a

statewide scheme for the orderly and consistent interpretation

of the Department of Public Health administrative rules

pertaining to the safety of food and food products sold at

farmers' markets.

(e) The Farmers' Market Task Force shall consist of at

least 24 members appointed within 60 days after August 16, 2011

(the effective date of this Section). Task Force members shall

consist of:

(1) one person appointed by the President of the

Senate;

(2) one person appointed by the Minority Leader of the

Senate;

(3) one person appointed by the Speaker of the House of

Representatives;

(4) one person appointed by the Minority Leader of the

House of Representatives;

(5) the Director of Public Health or his or her

designee;

(6) the Director of Agriculture or his or her designee;

(7) a representative of a general agricultural

production association appointed by the Department of

Agriculture;

(8) three representatives of local county public

health departments appointed by the Director and selected

from 3 different counties representing each of the

northern, central, and southern portions of this State;

(9) four members of the general public who are engaged

in local farmers' markets appointed by the Director of

Agriculture;

(10) a representative of an association representing

public health administrators appointed by the Director;

(11) a representative of an organization of public

health departments that serve the City of Chicago and the

counties of Cook, DuPage, Kane, Kendall, Lake, McHenry,

Will, and Winnebago appointed by the Director;

(12) a representative of a general public health

association appointed by the Director;

(13) the Director of Commerce and Economic Opportunity

or his or her designee;

(14) the Lieutenant Governor or his or her designee;

and

(15) five farmers who sell their farm products at

farmers' markets appointed by the Lieutenant Governor or

his or her designee.

Task Force members' terms shall be for a period of 2 years,

with ongoing appointments made according to the provisions of

this Section.

(f) The Task Force shall be convened by the Director or his

or her designee. Members shall elect a Task Force Chair and

Co-Chair.

(g) Meetings may be held via conference call, in person, or

both. Three members of the Task Force may call a meeting as

long as a 5-working-day notification is sent via mail, e-mail,

or telephone call to each member of the Task Force.

(h) Members of the Task Force shall serve without

compensation.

(i) The Task Force shall undertake a comprehensive and

thorough review of the current Statutes and administrative

rules that define which products and practices are permitted

and which products and practices are not permitted at farmers'

markets and to assist the Department in developing statewide

administrative regulations for farmers' markets.

(j) The Task Force shall advise the Department regarding

the content of any administrative rules adopted under this

Section and Sections 3.4, 3.5, and 4 of this Act Section prior

to adoption of the rules. Any administrative rules, except

emergency rules adopted pursuant to Section 5-45 of the

Illinois Administrative Procedure Act, adopted under this

Section without obtaining the advice of the Task Force are null

and void. If the Department fails to follow the advice of the

Task Force, the Department shall, prior to adopting the rules,

transmit a written explanation to the Task Force. If the Task

Force, having been asked for its advice, fails to advise the

Department within 90 days after receiving the rules for review,

the rules shall be considered to have been approved by the Task

Force.

(k) The Department of Public Health shall provide staffing

support to the Task Force and shall help to prepare, print, and

distribute all reports deemed necessary by the Task Force.

(l) The Task Force may request assistance from any entity

necessary or useful for the performance of its duties. The Task

Force shall issue a report annually to the Secretary of the

Senate and the Clerk of the House.

(m) The following provisions shall apply concerning

statewide farmers' market food safety guidelines:

(1) The Director, in accordance with this Section,

shall adopt administrative rules (as provided by the

Illinois Administrative Procedure Act) for foods found at

farmers' markets.

(2) The rules and regulations described in this Section

shall be consistently enforced by local health authorities

throughout the State.

(2.5) Notwithstanding any other provision of law

except as provided in this Section, local public health

departments and all other units of local government are

prohibited from creating sanitation guidelines, rules, or

regulations for farmers' markets that are more stringent

than those farmers' market sanitation regulations

contained in the administrative rules adopted by the

Department for the purposes of implementing this Section

and Sections 3.4, 3.5, and 4 of this Act. Except as

provided for in Sections 3.4 and 4 of this Act, this

Section does not intend and shall not be construed to limit

the power of local health departments and other government

units from requiring licensing and permits for the sale of

commercial food products, processed food products,

prepared foods, and potentially hazardous foods at

farmers' markets or conducting related inspections and

enforcement activities, so long as those permits and

licenses do not include unreasonable fees or sanitation

provisions and rules that are more stringent than those

laid out in the administrative rules adopted by the

Department for the purposes of implementing this Section

and Sections 3.4, 3.5, and 4 of this Act.

(3) In the case of alleged non-compliance with the

provisions described in this Section, local health

departments shall issue written notices to vendors and

market managers of any noncompliance issues.

(4) Produce and food products coming within the scope

of the provisions of this Section shall include, but not be

limited to, raw agricultural products, including fresh

fruits and vegetables; popcorn, grains, seeds, beans, and

nuts that are whole, unprocessed, unpackaged, and

unsprouted; fresh herb springs and dried herbs in bunches;

baked goods sold at farmers' markets; cut fruits and

vegetables; milk and cheese products; ice cream; syrups;

wild and cultivated mushrooms; apple cider and other fruit

and vegetable juices; herb vinegar; garlic-in-oil;

flavored oils; pickles, relishes, salsas, and other canned

or jarred items; shell eggs; meat and poultry; fish;

ready-to-eat foods; commercially produced prepackaged food

products; and any additional items specified in the

administrative rules adopted by the Department to

implement Section 3.3 of this Act.

(n) Local health department regulatory guidelines may be

applied to foods not often found at farmers' markets, all other

food products not regulated by the Department of Agriculture

and the Department of Public Health, as well as live animals to

be sold at farmers' markets.

(o) The Task Force shall issue annual reports to the

Secretary of the Senate and the Clerk of the House with

recommendations for the development of administrative rules as

specified. The first report shall be issued no later than

December 31, 2012.

(p) The Department of Public Health and the Department of

Agriculture, in conjunction with the Task Force, shall adopt

administrative rules necessary to implement, interpret, and

make specific the provisions of this Section, including, but

not limited to, rules concerning labels, sanitation, and food

product safety according to the realms of their jurisdiction in

accordance with subsection (j) of this Section.

(q) The Department and the Task Force shall work together

to create a food sampling training and license program as

specified in Section 3.4 of this Act.

(Source: P.A. 98-660, eff. 6-23-14; 99-9, eff. 7-10-15; 99-191,

eff. 1-1-16; revised 10-30-15.)

Section 455. The Environmental Protection Act is amended by

changing Sections 3.330, 22.55, and 39 as follows:

(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)

Sec. 3.330. Pollution control facility.

(a) "Pollution control facility" is any waste storage site,

sanitary landfill, waste disposal site, waste transfer

station, waste treatment facility, or waste incinerator. This

includes sewers, sewage treatment plants, and any other

facilities owned or operated by sanitary districts organized

under the Metropolitan Water Reclamation District Act.

The following are not pollution control facilities:

(1) (blank);

(2) waste storage sites regulated under 40 CFR, Part

761.42;

(3) sites or facilities used by any person conducting a

waste storage, waste treatment, waste disposal, waste

transfer or waste incineration operation, or a combination

thereof, for wastes generated by such person's own

activities, when such wastes are stored, treated, disposed

of, transferred or incinerated within the site or facility

owned, controlled or operated by such person, or when such

wastes are transported within or between sites or

facilities owned, controlled or operated by such person;

(4) sites or facilities at which the State is

performing removal or remedial action pursuant to Section

22.2 or 55.3;

(5) abandoned quarries used solely for the disposal of

concrete, earth materials, gravel, or aggregate debris

resulting from road construction activities conducted by a

unit of government or construction activities due to the

construction and installation of underground pipes, lines,

conduit or wires off of the premises of a public utility

company which are conducted by a public utility;

(6) sites or facilities used by any person to

specifically conduct a landscape composting operation;

(7) regional facilities as defined in the Central

Midwest Interstate Low-Level Radioactive Waste Compact;

(8) the portion of a site or facility where coal

combustion wastes are stored or disposed of in accordance

with subdivision (r)(2) or (r)(3) of Section 21;

(9) the portion of a site or facility used for the

collection, storage or processing of waste tires as defined

in Title XIV;

(10) the portion of a site or facility used for

treatment of petroleum contaminated materials by

application onto or incorporation into the soil surface and

any portion of that site or facility used for storage of

petroleum contaminated materials before treatment. Only

those categories of petroleum listed in Section 57.9(a)(3)

are exempt under this subdivision (10);

(11) the portion of a site or facility where used oil

is collected or stored prior to shipment to a recycling or

energy recovery facility, provided that the used oil is

generated by households or commercial establishments, and

the site or facility is a recycling center or a business

where oil or gasoline is sold at retail;

(11.5) processing sites or facilities that receive

only on-specification used oil, as defined in 35 Ill.

Admin. Code 739, originating from used oil collectors for

processing that is managed under 35 Ill. Admin. Code 739 to

produce products for sale to off-site petroleum

facilities, if these processing sites or facilities are:

(i) located within a home rule unit of local government

with a population of at least 30,000 according to the 2000

federal census, that home rule unit of local government has

been designated as an Urban Round II Empowerment Zone by

the United States Department of Housing and Urban

Development, and that home rule unit of local government

has enacted an ordinance approving the location of the site

or facility and provided funding for the site or facility;

and (ii) in compliance with all applicable zoning

requirements;

(12) the portion of a site or facility utilizing coal

combustion waste for stabilization and treatment of only

waste generated on that site or facility when used in

connection with response actions pursuant to the federal

Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, the federal Resource Conservation

and Recovery Act of 1976, or the Illinois Environmental

Protection Act or as authorized by the Agency;

(13) the portion of a site or facility that accepts

exclusively general construction or demolition debris and

is operated and located in accordance with Section 22.38 of

this Act;

(14) the portion of a site or facility, located within

a unit of local government that has enacted local zoning

requirements, used to accept, separate, and process

uncontaminated broken concrete, with or without protruding

metal bars, provided that the uncontaminated broken

concrete and metal bars are not speculatively accumulated,

are at the site or facility no longer than one year after

their acceptance, and are returned to the economic

mainstream in the form of raw materials or products;

(15) the portion of a site or facility located in a

county with a population over 3,000,000 that has obtained

local siting approval under Section 39.2 of this Act for a

municipal waste incinerator on or before July 1, 2005 and

that is used for a non-hazardous waste transfer station;

(16) a site or facility that temporarily holds in

transit for 10 days or less, non-putrescible solid waste in

original containers, no larger in capacity than 500

gallons, provided that such waste is further transferred to

a recycling, disposal, treatment, or storage facility on a

non-contiguous site and provided such site or facility

complies with the applicable 10-day transfer requirements

of the federal Resource Conservation and Recovery Act of

1976 and United States Department of Transportation

hazardous material requirements. For purposes of this

Section only, "non-putrescible solid waste" means waste

other than municipal garbage that does not rot or become

putrid, including, but not limited to, paints, solvent,

filters, and absorbents;

(17) the portion of a site or facility located in a

county with a population greater than 3,000,000 that has

obtained local siting approval, under Section 39.2 of this

Act, for a municipal waste incinerator on or before July 1,

2005 and that is used for wood combustion facilities for

energy recovery that accept and burn only wood material, as

included in a fuel specification approved by the Agency;

(18) a transfer station used exclusively for landscape

waste, including a transfer station where landscape waste

is ground to reduce its volume, where the landscape waste

is held no longer than 24 hours from the time it was

received;

(19) the portion of a site or facility that (i) is used

for the composting of food scrap, livestock waste, crop

residue, uncontaminated wood waste, or paper waste,

including, but not limited to, corrugated paper or

cardboard, and (ii) meets all of the following

requirements:

(A) There must not be more than a total of 30,000

cubic yards of livestock waste in raw form or in the

process of being composted at the site or facility at

any one time.

(B) All food scrap, livestock waste, crop residue,

uncontaminated wood waste, and paper waste must, by the

end of each operating day, be processed and placed into

an enclosed vessel in which air flow and temperature

are controlled, or all of the following additional

requirements must be met:

(i) The portion of the site or facility used

for the composting operation must include a

setback of at least 200 feet from the nearest

potable water supply well.

(ii) The portion of the site or facility used

for the composting operation must be located

outside the boundary of the 10-year floodplain or

floodproofed.

(iii) Except in municipalities with more than

1,000,000 inhabitants, the portion of the site or

facility used for the composting operation must be

located at least one-eighth of a mile from the

nearest residence, other than a residence located

on the same property as the site or facility.

(iv) The portion of the site or facility used

for the composting operation must be located at

least one-eighth of a mile from the property line

of all of the following areas:

(I) Facilities that primarily serve to

house or treat people that are

immunocompromised or immunosuppressed, such as

cancer or AIDS patients; people with asthma,

cystic fibrosis, or bioaerosol allergies; or

children under the age of one year.

(II) Primary and secondary schools and

adjacent areas that the schools use for

recreation.

(III) Any facility for child care licensed

under Section 3 of the Child Care Act of 1969;

preschools; and adjacent areas that the

facilities or preschools use for recreation.

(v) By the end of each operating day, all food

scrap, livestock waste, crop residue,

uncontaminated wood waste, and paper waste must be

(i) processed into windrows or other piles and (ii)

covered in a manner that prevents scavenging by

birds and animals and that prevents other

nuisances.

(C) Food scrap, livestock waste, crop residue,

uncontaminated wood waste, paper waste, and compost

must not be placed within 5 feet of the water table.

(D) The site or facility must meet all of the

requirements of the Wild and Scenic Rivers Act (16

U.S.C. 1271 et seq.).

(E) The site or facility must not (i) restrict the

flow of a 100-year flood, (ii) result in washout of

food scrap, livestock waste, crop residue,

uncontaminated wood waste, or paper waste from a

100-year flood, or (iii) reduce the temporary water

storage capacity of the 100-year floodplain, unless

measures are undertaken to provide alternative storage

capacity, such as by providing lagoons, holding tanks,

or drainage around structures at the facility.

(F) The site or facility must not be located in any

area where it may pose a threat of harm or destruction

to the features for which:

(i) an irreplaceable historic or

archaeological site has been listed under the

National Historic Preservation Act (16 U.S.C. 470

et seq.) or the Illinois Historic Preservation

Act;

(ii) a natural landmark has been designated by

the National Park Service or the Illinois State

Historic Preservation Office; or

(iii) a natural area has been designated as a

Dedicated Illinois Nature Preserve under the

Illinois Natural Areas Preservation Act.

(G) The site or facility must not be located in an

area where it may jeopardize the continued existence of

any designated endangered species, result in the

destruction or adverse modification of the critical

habitat for such species, or cause or contribute to the

taking of any endangered or threatened species of

plant, fish, or wildlife listed under the Endangered

Species Act (16 U.S.C. 1531 et seq.) or the Illinois

Endangered Species Protection Act;

(20) the portion of a site or facility that is located

entirely within a home rule unit having a population of no

less than 120,000 and no more than 135,000, according to

the 2000 federal census, and that meets all of the

following requirements:

(i) the portion of the site or facility is used

exclusively to perform testing of a thermochemical

conversion technology using only woody biomass,

collected as landscape waste within the boundaries of

the home rule unit, as the hydrocarbon feedstock for

the production of synthetic gas in accordance with

Section 39.9 of this Act;

(ii) the portion of the site or facility is in

compliance with all applicable zoning requirements;

and

(iii) a complete application for a demonstration

permit at the portion of the site or facility has been

submitted to the Agency in accordance with Section 39.9

of this Act within one year after July 27, 2010 (the

effective date of Public Act 96-1314);

(21) the portion of a site or facility used to perform

limited testing of a gasification conversion technology in

accordance with Section 39.8 of this Act and for which a

complete permit application has been submitted to the

Agency prior to one year from April 9, 2010 (the effective

date of Public Act 96-887);

(22) the portion of a site or facility that is used to

incinerate only pharmaceuticals from residential sources

that are collected and transported by law enforcement

agencies under Section 17.9A of this Act;

(23) the portion of a site or facility:

(A) that is used exclusively for the transfer of

commingled landscape waste and food scrap held at the

site or facility for no longer than 24 hours after

their receipt;

(B) that is located entirely within a home rule

unit having a population of either (i) not less than

100,000 and not more than 115,000 according to the 2010

federal census or (ii) not less than 5,000 and not more

than 10,000 according to the 2010 federal census or

that is located in the unincorporated area of a county

having a population of not less than 700,000 and not

more than 705,000 according to the 2010 federal census;

(C) that is permitted, by the Agency, prior to

January 1, 2002, for the transfer of landscape waste if

located in a home rule unit or that is permitted prior

to January 1, 2008 if located in an unincorporated area

of a county; and

(D) for which a permit application is submitted to

the Agency to modify an existing permit for the

transfer of landscape waste to also include, on a

demonstration basis not to exceed 24 months each time a

permit is issued, the transfer of commingled landscape

waste and food scrap or for which a permit application

is submitted to the Agency within 6 months after

January 1, 2016; and

(24) the portion of a municipal solid waste landfill

unit:

(A) that is located in a county having a population

of not less than 55,000 and not more than 60,000

according to the 2010 federal census;

(B) that is owned by that county;

(C) that is permitted, by the Agency, prior to July

10, 2015 (the effective date of Public Act 99-12) this

amendatory Act of the 99th General Assembly; and

(D) for which a permit application is submitted to

the Agency within 6 months after July 10, 2015 (the

effective date of Public Act 99-12) this amendatory Act

of the 99th General Assembly for the disposal of

non-hazardous special waste.

(b) A new pollution control facility is:

(1) a pollution control facility initially permitted

for development or construction after July 1, 1981; or

(2) the area of expansion beyond the boundary of a

currently permitted pollution control facility; or

(3) a permitted pollution control facility requesting

approval to store, dispose of, transfer or incinerate, for

the first time, any special or hazardous waste.

(Source: P.A. 98-146, eff. 1-1-14; 98-239, eff. 8-9-13; 98-756,

eff. 7-16-14; 98-1130, eff. 1-1-15; 99-12, eff. 7-10-15;

99-440, eff. 8-21-15; revised 10-20-15.)

(415 ILCS 5/22.55)

Sec. 22.55. Household Waste Drop-off Points.

(a) Findings; Purpose and Intent.

(1) The General Assembly finds that protection of human

health and the environment can be enhanced if certain

commonly generated household wastes are managed separately

from the general household waste stream.

(2) The purpose of this Section is to provide, to the

extent allowed under federal law, a method for managing

certain types of household waste separately from the

general household waste stream.

(b) Definitions. For the purposes of this Section:

"Compostable waste" means household waste that is

source-separated food scrap, household waste that is

source-separated landscape waste, or a mixture of both.

"Controlled substance" means a controlled substance as

defined in the Illinois Controlled Substances Act.

"Household waste" means waste generated from a single

residence or multiple residences.

"Household waste drop-off point" means the portion of a

site or facility used solely for the receipt and temporary

storage of household waste.

"One-day compostable waste collection event" means a

household waste drop-off point approved by a county or

municipality under subsection (d-5) of this Section.

"One-day household waste collection event" means a

household waste drop-off point approved by the Agency under

subsection (d) of this Section.

"Permanent compostable waste collection point" means a

household waste drop-off point approved by a county or

municipality under subsection (d-6) of this Section.

"Personal care product" means an item other than a

pharmaceutical product that is consumed or applied by an

individual for personal health, hygiene, or cosmetic

reasons. Personal care products include, but are not

limited to, items used in bathing, dressing, or grooming.

"Pharmaceutical product" means medicine or a product

containing medicine. A pharmaceutical product may be sold

by prescription or over the counter. "Pharmaceutical

product" does not include medicine that contains a

radioactive component or a product that contains a

radioactive component.

"Recycling coordinator" means the person designated by

each county waste management plan to administer the county

recycling program, as set forth in the Solid Waste

Management Act.

(c) Except as otherwise provided in Agency rules, the

following requirements apply to each household waste drop-off

point, other than a one-day household waste collection event,

one-day compostable waste collection event, or permanent

compostable waste collection point:

(1) A household waste drop-off point must not accept

waste other than the following types of household waste:

pharmaceutical products, personal care products, batteries

other than lead-acid batteries, paints, automotive fluids,

compact fluorescent lightbulbs, mercury thermometers, and

mercury thermostats. A household waste drop-off point may

accept controlled substances in accordance with federal

law.

(2) Except as provided in subdivision (c)(2) of this

Section, household waste drop-off points must be located at

a site or facility where the types of products accepted at

the household waste drop-off point are lawfully sold,

distributed, or dispensed. For example, household waste

drop-off points that accept prescription pharmaceutical

products must be located at a site or facility where

prescription pharmaceutical products are sold,

distributed, or dispensed.

(A) Subdivision (c)(2) of this Section does not

apply to household waste drop-off points operated by a

government or school entity, or by an association or

other organization of government or school entities.

(B) Household waste drop-off points that accept

mercury thermometers can be located at any site or

facility where non-mercury thermometers are sold,

distributed, or dispensed.

(C) Household waste drop-off points that accept

mercury thermostats can be located at any site or

facility where non-mercury thermostats are sold,

distributed, or dispensed.

(3) The location of acceptance for each type of waste

accepted at the household waste drop-off point must be

clearly identified. Locations where pharmaceutical

products are accepted must also include a copy of the sign

required under subsection (j) of this Section.

(4) Household waste must be accepted only from private

individuals. Waste must not be accepted from other persons,

including, but not limited to, owners and operators of

rented or leased residences where the household waste was

generated, commercial haulers, and other commercial,

industrial, agricultural, and government operations or

entities.

(5) If more than one type of household waste is

accepted, each type of household waste must be managed

separately prior to its packaging for off-site transfer.

(6) Household waste must not be stored for longer than

90 days after its receipt, except as otherwise approved by

the Agency in writing.

(7) Household waste must be managed in a manner that

protects against releases of the waste, prevents

nuisances, and otherwise protects human health and the

environment. Household waste must also be properly secured

to prevent unauthorized public access to the waste,

including, but not limited to, preventing access to the

waste during the non-business hours of the site or facility

on which the household waste drop-off point is located.

Containers in which pharmaceutical products are collected

must be clearly marked "No Controlled Substances", unless

the household waste drop-off point accepts controlled

substances in accordance with federal law.

(8) Management of the household waste must be limited

to the following: (i) acceptance of the waste, (ii)

temporary storage of the waste prior to transfer, and (iii)

off-site transfer of the waste and packaging for off-site

transfer.

(9) Off-site transfer of the household waste must

comply with federal and State laws and regulations.

(d) One-day household waste collection events. To further

aid in the collection of certain household wastes, the Agency

may approve the operation of one-day household waste collection

events. The Agency shall not approve a one-day household waste

collection event at the same site or facility for more than one

day each calendar quarter. Requests for approval must be

submitted on forms prescribed by the Agency. The Agency must

issue its approval in writing, and it may impose conditions as

necessary to protect human health and the environment and to

otherwise accomplish the purposes of this Act. One-day

household waste collection events must be operated in

accordance with the Agency's approval, including all

conditions contained in the approval. The following

requirements apply to all one-day household waste collection

events, in addition to the conditions contained in the Agency's

approval:

(1) Waste accepted at the event must be limited to

household waste and must not include garbage, landscape

waste, or other waste excluded by the Agency in the

Agency's approval or any conditions contained in the

approval. A one-day household waste collection event may

accept controlled substances in accordance with federal

law.

(2) Household waste must be accepted only from private

individuals. Waste must not be accepted from other persons,

including, but not limited to, owners and operators of

rented or leased residences where the household waste was

generated, commercial haulers, and other commercial,

industrial, agricultural, and government operations or

entities.

(3) Household waste must be managed in a manner that

protects against releases of the waste, prevents

nuisances, and otherwise protects human health and the

environment. Household waste must also be properly secured

to prevent public access to the waste, including, but not

limited to, preventing access to the waste during the

event's non-business hours.

(4) Management of the household waste must be limited

to the following: (i) acceptance of the waste, (ii)

temporary storage of the waste before transfer, and (iii)

off-site transfer of the waste or packaging for off-site

transfer.

(5) Except as otherwise approved by the Agency, all

household waste received at the collection event must be

transferred off-site by the end of the day following the

collection event.

(6) The transfer and ultimate disposition of household

waste received at the collection event must comply with the

Agency's approval, including all conditions contained in

the approval.

(d-5) One-day compostable waste collection event. To

further aid in the collection and composting of compostable

waste, as defined in subsection (b), a municipality may approve

the operation of one-day compostable waste collection events at

any site or facility within its territorial jurisdiction, and a

county may approve the operation of one-day compostable waste

collection events at any site or facility in any unincorporated

area within its territorial jurisdiction. The approval granted

under this subsection (d-5) must be in writing; must specify

the date, location, and time of the event; and must list the

types of compostable waste that will be collected at the event.

If the one-day compostable waste collection event is to be

operated at a location within a county with a population of

more than 400,000 but less than 2,000,000 inhabitants,

according to the 2010 decennial census, then the operator of

the event shall, at least 30 days before the event, provide a

copy of the approval to the recycling coordinator designated by

that county. The approval granted under this subsection (d-5)

may include conditions imposed by the county or municipality as

necessary to protect public health and prevent odors, vectors,

and other nuisances. A one-day compostable waste collection

event approved under this subsection (d-5) must be operated in

accordance with the approval, including all conditions

contained in the approval. The following requirements shall

apply to the one-day compostable waste collection event, in

addition to the conditions contained in the approval:

(1) Waste accepted at the event must be limited to the

types of compostable waste authorized to be accepted under

the approval.

(2) Information promoting the event and signs at the

event must clearly indicate the types of compostable waste

approved for collection. To discourage the receipt of other

waste, information promoting the event and signs at the

event must also include:

(A) examples of compostable waste being collected;

and

(B) examples of waste that is not being collected.

(3) Compostable waste must be accepted only from

private individuals. It may not be accepted from other

persons, including, but not limited to, owners and

operators of rented or leased residences where it was

generated, commercial haulers, and other commercial,

industrial, agricultural, and government operations or

entities.

(4) Compostable waste must be managed in a manner that

protects against releases of the waste, prevents

nuisances, and otherwise protects human health and the

environment. Compostable waste must be properly secured to

prevent it from being accessed by the public at any time,

including, but not limited to, during the collection

event's non-operating hours. One-day compostable waste

collection events must be adequately supervised during

their operating hours.

(5) Compostable waste must be secured in non-porous,

rigid, leak-proof containers that:

(A) are covered, except when the compostable waste

is being added to or removed from the containers or it

is otherwise necessary to access the compostable

waste;

(B) prevent precipitation from draining through

the compostable waste;

(C) prevent dispersion of the compostable waste by

wind;

(D) contain spills or releases that could create

nuisances or otherwise harm human health or the

environment;

(E) limit access to the compostable waste by

vectors;

(F) control odors and other nuisances; and

(G) provide for storage, removal, and off-site

transfer of the compostable waste in a manner that

protects its ability to be composted.

(6) No more than a total of 40 cubic yards of

compostable waste shall be located at the collection site

at any one time.

(7) Management of the compostable waste must be limited

to the following: (A) acceptance, (B) temporary storage

before transfer, and (C) off-site transfer.

(8) All compostable waste received at the event must be

transferred off-site to a permitted compost facility by no

later than 48 hours after the event ends or by the end of

the first business day after the event ends, whichever is

sooner.

(9) If waste other than compostable waste is received

at the event, then that waste must be disposed of within 48

hours after the event ends or by the end of the first

business day after the event ends, whichever is sooner.

(d-6) Permanent compostable waste collection points. To

further aid in the collection and composting of compostable

waste, as defined in subsection (b), a municipality may approve

the operation of permanent compostable waste collection points

at any site or facility within its territorial jurisdiction,

and a county may approve the operation of permanent compostable

waste collection points at any site or facility in any

unincorporated area within its territorial jurisdiction. The

approval granted pursuant to this subsection (d-6) must be in

writing; must specify the location, operating days, and

operating hours of the collection point; must list the types of

compostable waste that will be collected at the collection

point; and must specify a term of not more than 365 calendar

days during which the approval will be effective. In addition,

if the permanent compostable waste collection point is to be

operated at a location within a county with a population of

more than 400,000 but less than 2,000,000 inhabitants,

according to the 2010 federal decennial census, then the

operator of the collection point shall, at least 30 days before

the collection point begins operation, provide a copy of the

approval to the recycling coordinator designated by that

county. The approval may include conditions imposed by the

county or municipality as necessary to protect public health

and prevent odors, vectors, and other nuisances. A permanent

compostable waste collection point approved pursuant to this

subsection (d-6) must be operated in accordance with the

approval, including all conditions contained in the approval.

The following requirements apply to the permanent compostable

waste collection point, in addition to the conditions contained

in the approval:

(1) Waste accepted at the collection point must be

limited to the types of compostable waste authorized to be

accepted under the approval.

(2) Information promoting the collection point and

signs at the collection point must clearly indicate the

types of compostable waste approved for collection. To

discourage the receipt of other waste, information

promoting the collection point and signs at the collection

point must also include (A) examples of compostable waste

being collected and (B) examples of waste that is not being

collected.

(3) Compostable waste must be accepted only from

private individuals. It may not be accepted from other

persons, including, but not limited to, owners and

operators of rented or leased residences where it was

generated, commercial haulers, and other commercial,

industrial, agricultural, and government operations or

entities.

(4) Compostable waste must be managed in a manner that

protects against releases of the waste, prevents

nuisances, and otherwise protects human health and the

environment. Compostable waste must be properly secured to

prevent it from being accessed by the public at any time,

including, but not limited to, during the collection

point's non-operating hours. Permanent compostable waste

collection points must be adequately supervised during

their operating hours.

(5) Compostable waste must be secured in non-porous,

rigid, leak-proof containers that:

(A) are no larger than 10 cubic yards in size;

(B) are covered, except when the compostable waste

is being added to or removed from the container or it

is otherwise necessary to access the compostable

waste;

(C) prevent precipitation from draining through

the compostable waste;

(D) prevent dispersion of the compostable waste by

wind;

(E) contain spills or releases that could create

nuisances or otherwise harm human health or the

environment;

(F) limit access to the compostable waste by

vectors;

(G) control odors and other nuisances; and

(H) provide for storage, removal, and off-site

transfer of the compostable waste in a manner that

protects its ability to be composted.

(6) No more than a total of 10 cubic yards of

compostable waste shall be located at the permanent

compostable waste collection site at any one time.

(7) Management of the compostable waste must be limited

to the following: (A) acceptance, (B) temporary storage

before transfer, and (C) off-site transfer.

(8) All compostable waste received at the permanent

compostable waste collection point must be transferred

off-site to a permitted compost facility not less

frequently than once every 7 days.

(9) If a permanent compostable waste collection point

receives waste other than compostable waste, then that

waste must be disposed of not less frequently than once

every 7 days.

(e) The Agency may adopt rules governing the operation of

household waste drop-off points, other than one-day household

waste collection events, one-day compostable waste collection

events, and permanent compostable waste collection points.

Those rules must be designed to protect against releases of

waste to the environment, prevent nuisances, and otherwise

protect human health and the environment. As necessary to

address different circumstances, the regulations may contain

different requirements for different types of household waste

and different types of household waste drop-off points, and the

regulations may modify the requirements set forth in subsection

(c) of this Section. The regulations may include, but are not

limited to, the following: (i) identification of additional

types of household waste that can be collected at household

waste drop-off points, (ii) identification of the different

types of household wastes that can be received at different

household waste drop-off points, (iii) the maximum amounts of

each type of household waste that can be stored at household

waste drop-off points at any one time, and (iv) the maximum

time periods each type of household waste can be stored at

household waste drop-off points.

(f) Prohibitions.

(1) Except as authorized in a permit issued by the

Agency, no person shall cause or allow the operation of a

household waste drop-off point, other than a one-day

household waste collection event, one-day compostable

waste collection event, or permanent compostable waste

collection point, in violation of this Section or any

regulations adopted under this Section.

(2) No person shall cause or allow the operation of a

one-day household waste collection event in violation of

this Section or the Agency's approval issued under

subsection (d) of this Section, including all conditions

contained in the approval.

(3) No person shall cause or allow the operation of a

one-day compostable waste collection event in violation of

this Section or the approval issued for the one-day

compostable waste collection event under subsection (d-5)

of this Section, including all conditions contained in the

approval.

(4) No person shall cause or allow the operation of a

permanent compostable waste collection event in violation

of this Section or the approval issued for the permanent

compostable waste collection point under subsection (d-6)

of this Section, including all conditions contained in the

approval.

(g) Permit exemptions.

(1) No permit is required under subdivision (d)(1) of

Section 21 of this Act for the operation of a household

waste drop-off point, other than a one-day household waste

collection event, one-day compostable waste collection

event, or permanent compostable waste collection point, if

the household waste drop-off point is operated in

accordance with this Section and all regulations adopted

under this Section.

(2) No permit is required under subdivision (d)(1) of

Section 21 of this Act for the operation of a one-day

household waste collection event if the event is operated

in accordance with this Section and the Agency's approval

issued under subsection (d) of this Section, including all

conditions contained in the approval, or for the operation

of a household waste collection event by the Agency.

(3) No permit is required under paragraph (1) of

subsection (d) of Section 21 of this Act for the operation

of a one-day compostable waste collection event if the

compostable waste collection event is operated in

accordance with this Section and the approval issued for

the compostable waste collection point under subsection

(d-5) of this Section, including all conditions contained

in the approval.

(4) No permit is required under paragraph (1) of

subsection (d) of Section 21 of this Act for the operation

of a permanent compostable waste collection point if the

collection point is operated in accordance with this

Section and the approval issued for the compostable waste

collection event under subsection (d-6) of this Section,

including all conditions contained in the approval.

(h) This Section does not apply to the following:

(1) Persons accepting household waste that they are

authorized to accept under a permit issued by the Agency.

(2) Sites or facilities operated pursuant to an

intergovernmental agreement entered into with the Agency

under Section 22.16b(d) of this Act.

(i) The Agency, in consultation with the Department of

Public Health, must develop and implement a public information

program regarding household waste drop-off points that accept

pharmaceutical products, as well as mail-back programs

authorized under federal law.

(j) The Agency must develop a sign that provides

information on the proper disposal of unused pharmaceutical

products. The sign shall include information on approved

drop-off sites or list a website where updated information on

drop-off sites can be accessed. The sign shall also include

information on mail-back programs and self-disposal. The

Agency shall make a copy of the sign available for downloading

from its website. Every pharmacy shall display the sign in the

area where medications are dispensed and shall also display any

signs the Agency develops regarding local take-back programs or

household waste collection events. These signs shall be no

larger than 8.5 inches by 11 inches.

(k) If an entity chooses to participate as a household

waste drop-off point, then it must follow the provisions of

this Section and any rules the Agency may adopt governing

household waste drop-off points.

(l) The Agency shall establish, by rule, a statewide

medication take-back program by June 1, 2016 to ensure that

there are pharmaceutical product disposal options regularly

available for residents across the State. No private entity may

be compelled to serve as or fund a take-back location or

program. Medications collected and disposed of under the

program shall include controlled substances approved for

collection by federal law. All medications collected and

disposed of under the program must be managed in accordance

with all applicable federal and State laws and regulations. The

Agency shall issue a report to the General Assembly by June 1,

2019 detailing the amount of pharmaceutical products annually

collected under the program, as well as any legislative

recommendations.

(Source: P.A. 99-11, eff. 7-10-15; 99-480, eff. 9-9-15; revised

10-20-15.)

(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)

Sec. 39. Issuance of permits; procedures.

(a) When the Board has by regulation required a permit for

the construction, installation, or operation of any type of

facility, equipment, vehicle, vessel, or aircraft, the

applicant shall apply to the Agency for such permit and it

shall be the duty of the Agency to issue such a permit upon

proof by the applicant that the facility, equipment, vehicle,

vessel, or aircraft will not cause a violation of this Act or

of regulations hereunder. The Agency shall adopt such

procedures as are necessary to carry out its duties under this

Section. In making its determinations on permit applications

under this Section the Agency may consider prior adjudications

of noncompliance with this Act by the applicant that involved a

release of a contaminant into the environment. In granting

permits, the Agency may impose reasonable conditions

specifically related to the applicant's past compliance

history with this Act as necessary to correct, detect, or

prevent noncompliance. The Agency may impose such other

conditions as may be necessary to accomplish the purposes of

this Act, and as are not inconsistent with the regulations

promulgated by the Board hereunder. Except as otherwise

provided in this Act, a bond or other security shall not be

required as a condition for the issuance of a permit. If the

Agency denies any permit under this Section, the Agency shall

transmit to the applicant within the time limitations of this

Section specific, detailed statements as to the reasons the

permit application was denied. Such statements shall include,

but not be limited to the following:

(i) the Sections of this Act which may be violated if

the permit were granted;

(ii) the provision of the regulations, promulgated

under this Act, which may be violated if the permit were

granted;

(iii) the specific type of information, if any, which

the Agency deems the applicant did not provide the Agency;

and

(iv) a statement of specific reasons why the Act and

the regulations might not be met if the permit were

granted.

If there is no final action by the Agency within 90 days

after the filing of the application for permit, the applicant

may deem the permit issued; except that this time period shall

be extended to 180 days when (1) notice and opportunity for

public hearing are required by State or federal law or

regulation, (2) the application which was filed is for any

permit to develop a landfill subject to issuance pursuant to

this subsection, or (3) the application that was filed is for a

MSWLF unit required to issue public notice under subsection (p)

of Section 39. The 90-day and 180-day time periods for the

Agency to take final action do not apply to NPDES permit

applications under subsection (b) of this Section, to RCRA

permit applications under subsection (d) of this Section, or to

UIC permit applications under subsection (e) of this Section.

The Agency shall publish notice of all final permit

determinations for development permits for MSWLF units and for

significant permit modifications for lateral expansions for

existing MSWLF units one time in a newspaper of general

circulation in the county in which the unit is or is proposed

to be located.

After January 1, 1994 and until July 1, 1998, operating

permits issued under this Section by the Agency for sources of

air pollution permitted to emit less than 25 tons per year of

any combination of regulated air pollutants, as defined in

Section 39.5 of this Act, shall be required to be renewed only

upon written request by the Agency consistent with applicable

provisions of this Act and regulations promulgated hereunder.

Such operating permits shall expire 180 days after the date of

such a request. The Board shall revise its regulations for the

existing State air pollution operating permit program

consistent with this provision by January 1, 1994.

After June 30, 1998, operating permits issued under this

Section by the Agency for sources of air pollution that are not

subject to Section 39.5 of this Act and are not required to

have a federally enforceable State operating permit shall be

required to be renewed only upon written request by the Agency

consistent with applicable provisions of this Act and its

rules. Such operating permits shall expire 180 days after the

date of such a request. Before July 1, 1998, the Board shall

revise its rules for the existing State air pollution operating

permit program consistent with this paragraph and shall adopt

rules that require a source to demonstrate that it qualifies

for a permit under this paragraph.

(b) The Agency may issue NPDES permits exclusively under

this subsection for the discharge of contaminants from point

sources into navigable waters, all as defined in the Federal

Water Pollution Control Act, as now or hereafter amended,

within the jurisdiction of the State, or into any well.

All NPDES permits shall contain those terms and conditions,

including but not limited to schedules of compliance, which may

be required to accomplish the purposes and provisions of this

Act.

The Agency may issue general NPDES permits for discharges

from categories of point sources which are subject to the same

permit limitations and conditions. Such general permits may be

issued without individual applications and shall conform to

regulations promulgated under Section 402 of the Federal Water

Pollution Control Act, as now or hereafter amended.

The Agency may include, among such conditions, effluent

limitations and other requirements established under this Act,

Board regulations, the Federal Water Pollution Control Act, as

now or hereafter amended, and regulations pursuant thereto, and

schedules for achieving compliance therewith at the earliest

reasonable date.

The Agency shall adopt filing requirements and procedures

which are necessary and appropriate for the issuance of NPDES

permits, and which are consistent with the Act or regulations

adopted by the Board, and with the Federal Water Pollution

Control Act, as now or hereafter amended, and regulations

pursuant thereto.

The Agency, subject to any conditions which may be

prescribed by Board regulations, may issue NPDES permits to

allow discharges beyond deadlines established by this Act or by

regulations of the Board without the requirement of a variance,

subject to the Federal Water Pollution Control Act, as now or

hereafter amended, and regulations pursuant thereto.

(c) Except for those facilities owned or operated by

sanitary districts organized under the Metropolitan Water

Reclamation District Act, no permit for the development or

construction of a new pollution control facility may be granted

by the Agency unless the applicant submits proof to the Agency

that the location of the facility has been approved by the

County Board of the county if in an unincorporated area, or the

governing body of the municipality when in an incorporated

area, in which the facility is to be located in accordance with

Section 39.2 of this Act. For purposes of this subsection (c),

and for purposes of Section 39.2 of this Act, the appropriate

county board or governing body of the municipality shall be the

county board of the county or the governing body of the

municipality in which the facility is to be located as of the

date when the application for siting approval is filed.

In the event that siting approval granted pursuant to

Section 39.2 has been transferred to a subsequent owner or

operator, that subsequent owner or operator may apply to the

Agency for, and the Agency may grant, a development or

construction permit for the facility for which local siting

approval was granted. Upon application to the Agency for a

development or construction permit by that subsequent owner or

operator, the permit applicant shall cause written notice of

the permit application to be served upon the appropriate county

board or governing body of the municipality that granted siting

approval for that facility and upon any party to the siting

proceeding pursuant to which siting approval was granted. In

that event, the Agency shall conduct an evaluation of the

subsequent owner or operator's prior experience in waste

management operations in the manner conducted under subsection

(i) of Section 39 of this Act.

Beginning August 20, 1993, if the pollution control

facility consists of a hazardous or solid waste disposal

facility for which the proposed site is located in an

unincorporated area of a county with a population of less than

100,000 and includes all or a portion of a parcel of land that

was, on April 1, 1993, adjacent to a municipality having a

population of less than 5,000, then the local siting review

required under this subsection (c) in conjunction with any

permit applied for after that date shall be performed by the

governing body of that adjacent municipality rather than the

county board of the county in which the proposed site is

located; and for the purposes of that local siting review, any

references in this Act to the county board shall be deemed to

mean the governing body of that adjacent municipality;

provided, however, that the provisions of this paragraph shall

not apply to any proposed site which was, on April 1, 1993,

owned in whole or in part by another municipality.

In the case of a pollution control facility for which a

development permit was issued before November 12, 1981, if an

operating permit has not been issued by the Agency prior to

August 31, 1989 for any portion of the facility, then the

Agency may not issue or renew any development permit nor issue

an original operating permit for any portion of such facility

unless the applicant has submitted proof to the Agency that the

location of the facility has been approved by the appropriate

county board or municipal governing body pursuant to Section

39.2 of this Act.

After January 1, 1994, if a solid waste disposal facility,

any portion for which an operating permit has been issued by

the Agency, has not accepted waste disposal for 5 or more

consecutive calendars years, before that facility may accept

any new or additional waste for disposal, the owner and

operator must obtain a new operating permit under this Act for

that facility unless the owner and operator have applied to the

Agency for a permit authorizing the temporary suspension of

waste acceptance. The Agency may not issue a new operation

permit under this Act for the facility unless the applicant has

submitted proof to the Agency that the location of the facility

has been approved or re-approved by the appropriate county

board or municipal governing body under Section 39.2 of this

Act after the facility ceased accepting waste.

Except for those facilities owned or operated by sanitary

districts organized under the Metropolitan Water Reclamation

District Act, and except for new pollution control facilities

governed by Section 39.2, and except for fossil fuel mining

facilities, the granting of a permit under this Act shall not

relieve the applicant from meeting and securing all necessary

zoning approvals from the unit of government having zoning

jurisdiction over the proposed facility.

Before beginning construction on any new sewage treatment

plant or sludge drying site to be owned or operated by a

sanitary district organized under the Metropolitan Water

Reclamation District Act for which a new permit (rather than

the renewal or amendment of an existing permit) is required,

such sanitary district shall hold a public hearing within the

municipality within which the proposed facility is to be

located, or within the nearest community if the proposed

facility is to be located within an unincorporated area, at

which information concerning the proposed facility shall be

made available to the public, and members of the public shall

be given the opportunity to express their views concerning the

proposed facility.

The Agency may issue a permit for a municipal waste

transfer station without requiring approval pursuant to

Section 39.2 provided that the following demonstration is made:

(1) the municipal waste transfer station was in

existence on or before January 1, 1979 and was in

continuous operation from January 1, 1979 to January 1,

1993;

(2) the operator submitted a permit application to the

Agency to develop and operate the municipal waste transfer

station during April of 1994;

(3) the operator can demonstrate that the county board

of the county, if the municipal waste transfer station is

in an unincorporated area, or the governing body of the

municipality, if the station is in an incorporated area,

does not object to resumption of the operation of the

station; and

(4) the site has local zoning approval.

(d) The Agency may issue RCRA permits exclusively under

this subsection to persons owning or operating a facility for

the treatment, storage, or disposal of hazardous waste as

defined under this Act.

All RCRA permits shall contain those terms and conditions,

including but not limited to schedules of compliance, which may

be required to accomplish the purposes and provisions of this

Act. The Agency may include among such conditions standards and

other requirements established under this Act, Board

regulations, the Resource Conservation and Recovery Act of 1976

(P.L. 94-580), as amended, and regulations pursuant thereto,

and may include schedules for achieving compliance therewith as

soon as possible. The Agency shall require that a performance

bond or other security be provided as a condition for the

issuance of a RCRA permit.

In the case of a permit to operate a hazardous waste or PCB

incinerator as defined in subsection (k) of Section 44, the

Agency shall require, as a condition of the permit, that the

operator of the facility perform such analyses of the waste to

be incinerated as may be necessary and appropriate to ensure

the safe operation of the incinerator.

The Agency shall adopt filing requirements and procedures

which are necessary and appropriate for the issuance of RCRA

permits, and which are consistent with the Act or regulations

adopted by the Board, and with the Resource Conservation and

Recovery Act of 1976 (P.L. 94-580), as amended, and regulations

pursuant thereto.

The applicant shall make available to the public for

inspection all documents submitted by the applicant to the

Agency in furtherance of an application, with the exception of

trade secrets, at the office of the county board or governing

body of the municipality. Such documents may be copied upon

payment of the actual cost of reproduction during regular

business hours of the local office. The Agency shall issue a

written statement concurrent with its grant or denial of the

permit explaining the basis for its decision.

(e) The Agency may issue UIC permits exclusively under this

subsection to persons owning or operating a facility for the

underground injection of contaminants as defined under this

Act.

All UIC permits shall contain those terms and conditions,

including but not limited to schedules of compliance, which may

be required to accomplish the purposes and provisions of this

Act. The Agency may include among such conditions standards and

other requirements established under this Act, Board

regulations, the Safe Drinking Water Act (P.L. 93-523), as

amended, and regulations pursuant thereto, and may include

schedules for achieving compliance therewith. The Agency shall

require that a performance bond or other security be provided

as a condition for the issuance of a UIC permit.

The Agency shall adopt filing requirements and procedures

which are necessary and appropriate for the issuance of UIC

permits, and which are consistent with the Act or regulations

adopted by the Board, and with the Safe Drinking Water Act

(P.L. 93-523), as amended, and regulations pursuant thereto.

The applicant shall make available to the public for

inspection, all documents submitted by the applicant to the

Agency in furtherance of an application, with the exception of

trade secrets, at the office of the county board or governing

body of the municipality. Such documents may be copied upon

payment of the actual cost of reproduction during regular

business hours of the local office. The Agency shall issue a

written statement concurrent with its grant or denial of the

permit explaining the basis for its decision.

(f) In making any determination pursuant to Section 9.1 of

this Act:

(1) The Agency shall have authority to make the

determination of any question required to be determined by

the Clean Air Act, as now or hereafter amended, this Act,

or the regulations of the Board, including the

determination of the Lowest Achievable Emission Rate,

Maximum Achievable Control Technology, or Best Available

Control Technology, consistent with the Board's

regulations, if any.

(2) The Agency shall adopt requirements as necessary to

implement public participation procedures, including, but

not limited to, public notice, comment, and an opportunity

for hearing, which must accompany the processing of

applications for PSD permits. The Agency shall briefly

describe and respond to all significant comments on the

draft permit raised during the public comment period or

during any hearing. The Agency may group related comments

together and provide one unified response for each issue

raised.

(3) Any complete permit application submitted to the

Agency under this subsection for a PSD permit shall be

granted or denied by the Agency not later than one year

after the filing of such completed application.

(4) The Agency shall, after conferring with the

applicant, give written notice to the applicant of its

proposed decision on the application including the terms

and conditions of the permit to be issued and the facts,

conduct or other basis upon which the Agency will rely to

support its proposed action.

(g) The Agency shall include as conditions upon all permits

issued for hazardous waste disposal sites such restrictions

upon the future use of such sites as are reasonably necessary

to protect public health and the environment, including

permanent prohibition of the use of such sites for purposes

which may create an unreasonable risk of injury to human health

or to the environment. After administrative and judicial

challenges to such restrictions have been exhausted, the Agency

shall file such restrictions of record in the Office of the

Recorder of the county in which the hazardous waste disposal

site is located.

(h) A hazardous waste stream may not be deposited in a

permitted hazardous waste site unless specific authorization

is obtained from the Agency by the generator and disposal site

owner and operator for the deposit of that specific hazardous

waste stream. The Agency may grant specific authorization for

disposal of hazardous waste streams only after the generator

has reasonably demonstrated that, considering technological

feasibility and economic reasonableness, the hazardous waste

cannot be reasonably recycled for reuse, nor incinerated or

chemically, physically or biologically treated so as to

neutralize the hazardous waste and render it nonhazardous. In

granting authorization under this Section, the Agency may

impose such conditions as may be necessary to accomplish the

purposes of the Act and are consistent with this Act and

regulations promulgated by the Board hereunder. If the Agency

refuses to grant authorization under this Section, the

applicant may appeal as if the Agency refused to grant a

permit, pursuant to the provisions of subsection (a) of Section

40 of this Act. For purposes of this subsection (h), the term

"generator" has the meaning given in Section 3.205 of this Act,

unless: (1) the hazardous waste is treated, incinerated, or

partially recycled for reuse prior to disposal, in which case

the last person who treats, incinerates, or partially recycles

the hazardous waste prior to disposal is the generator; or (2)

the hazardous waste is from a response action, in which case

the person performing the response action is the generator.

This subsection (h) does not apply to any hazardous waste that

is restricted from land disposal under 35 Ill. Adm. Code 728.

(i) Before issuing any RCRA permit, any permit for a waste

storage site, sanitary landfill, waste disposal site, waste

transfer station, waste treatment facility, waste incinerator,

or any waste-transportation operation, or any permit or interim

authorization for a clean construction or demolition debris

fill operation, or any permit required under subsection (d-5)

of Section 55, the Agency shall conduct an evaluation of the

prospective owner's or operator's prior experience in waste

management operations, clean construction or demolition debris

fill operations, and tire storage site management. The Agency

may deny such a permit, or deny or revoke interim

authorization, if the prospective owner or operator or any

employee or officer of the prospective owner or operator has a

history of:

(1) repeated violations of federal, State, or local

laws, regulations, standards, or ordinances in the

operation of waste management facilities or sites, clean

construction or demolition debris fill operation

facilities or sites, or tire storage sites; or

(2) conviction in this or another State of any crime

which is a felony under the laws of this State, or

conviction of a felony in a federal court; or conviction in

this or another state or federal court of any of the

following crimes: forgery, official misconduct, bribery,

perjury, or knowingly submitting false information under

any environmental law, regulation, or permit term or

condition; or

(3) proof of gross carelessness or incompetence in

handling, storing, processing, transporting or disposing

of waste, clean construction or demolition debris, or used

or waste tires, or proof of gross carelessness or

incompetence in using clean construction or demolition

debris as fill.

(i-5) Before issuing any permit or approving any interim

authorization for a clean construction or demolition debris

fill operation in which any ownership interest is transferred

between January 1, 2005, and the effective date of the

prohibition set forth in Section 22.52 of this Act, the Agency

shall conduct an evaluation of the operation if any previous

activities at the site or facility may have caused or allowed

contamination of the site. It shall be the responsibility of

the owner or operator seeking the permit or interim

authorization to provide to the Agency all of the information

necessary for the Agency to conduct its evaluation. The Agency

may deny a permit or interim authorization if previous

activities at the site may have caused or allowed contamination

at the site, unless such contamination is authorized under any

permit issued by the Agency.

(j) The issuance under this Act of a permit to engage in

the surface mining of any resources other than fossil fuels

shall not relieve the permittee from its duty to comply with

any applicable local law regulating the commencement, location

or operation of surface mining facilities.

(k) A development permit issued under subsection (a) of

Section 39 for any facility or site which is required to have a

permit under subsection (d) of Section 21 shall expire at the

end of 2 calendar years from the date upon which it was issued,

unless within that period the applicant has taken action to

develop the facility or the site. In the event that review of

the conditions of the development permit is sought pursuant to

Section 40 or 41, or permittee is prevented from commencing

development of the facility or site by any other litigation

beyond the permittee's control, such two-year period shall be

deemed to begin on the date upon which such review process or

litigation is concluded.

(l) No permit shall be issued by the Agency under this Act

for construction or operation of any facility or site located

within the boundaries of any setback zone established pursuant

to this Act, where such construction or operation is

prohibited.

(m) The Agency may issue permits to persons owning or

operating a facility for composting landscape waste. In

granting such permits, the Agency may impose such conditions as

may be necessary to accomplish the purposes of this Act, and as

are not inconsistent with applicable regulations promulgated

by the Board. Except as otherwise provided in this Act, a bond

or other security shall not be required as a condition for the

issuance of a permit. If the Agency denies any permit pursuant

to this subsection, the Agency shall transmit to the applicant

within the time limitations of this subsection specific,

detailed statements as to the reasons the permit application

was denied. Such statements shall include but not be limited to

the following:

(1) the Sections of this Act that may be violated if

the permit were granted;

(2) the specific regulations promulgated pursuant to

this Act that may be violated if the permit were granted;

(3) the specific information, if any, the Agency deems

the applicant did not provide in its application to the

Agency; and

(4) a statement of specific reasons why the Act and the

regulations might be violated if the permit were granted.

If no final action is taken by the Agency within 90 days

after the filing of the application for permit, the applicant

may deem the permit issued. Any applicant for a permit may

waive the 90-day 90 day limitation by filing a written

statement with the Agency.

The Agency shall issue permits for such facilities upon

receipt of an application that includes a legal description of

the site, a topographic map of the site drawn to the scale of

200 feet to the inch or larger, a description of the operation,

including the area served, an estimate of the volume of

materials to be processed, and documentation that:

(1) the facility includes a setback of at least 200

feet from the nearest potable water supply well;

(2) the facility is located outside the boundary of the

10-year floodplain or the site will be floodproofed;

(3) the facility is located so as to minimize

incompatibility with the character of the surrounding

area, including at least a 200 foot setback from any

residence, and in the case of a facility that is developed

or the permitted composting area of which is expanded after

November 17, 1991, the composting area is located at least

1/8 mile from the nearest residence (other than a residence

located on the same property as the facility);

(4) the design of the facility will prevent any compost

material from being placed within 5 feet of the water

table, will adequately control runoff from the site, and

will collect and manage any leachate that is generated on

the site;

(5) the operation of the facility will include

appropriate dust and odor control measures, limitations on

operating hours, appropriate noise control measures for

shredding, chipping and similar equipment, management

procedures for composting, containment and disposal of

non-compostable wastes, procedures to be used for

terminating operations at the site, and recordkeeping

sufficient to document the amount of materials received,

composted and otherwise disposed of; and

(6) the operation will be conducted in accordance with

any applicable rules adopted by the Board.

The Agency shall issue renewable permits of not longer than

10 years in duration for the composting of landscape wastes, as

defined in Section 3.155 of this Act, based on the above

requirements.

The operator of any facility permitted under this

subsection (m) must submit a written annual statement to the

Agency on or before April 1 of each year that includes an

estimate of the amount of material, in tons, received for

composting.

(n) The Agency shall issue permits jointly with the

Department of Transportation for the dredging or deposit of

material in Lake Michigan in accordance with Section 18 of the

Rivers, Lakes, and Streams Act.

(o) (Blank.)

(p) (1) Any person submitting an application for a permit

for a new MSWLF unit or for a lateral expansion under

subsection (t) of Section 21 of this Act for an existing MSWLF

unit that has not received and is not subject to local siting

approval under Section 39.2 of this Act shall publish notice of

the application in a newspaper of general circulation in the

county in which the MSWLF unit is or is proposed to be located.

The notice must be published at least 15 days before submission

of the permit application to the Agency. The notice shall state

the name and address of the applicant, the location of the

MSWLF unit or proposed MSWLF unit, the nature and size of the

MSWLF unit or proposed MSWLF unit, the nature of the activity

proposed, the probable life of the proposed activity, the date

the permit application will be submitted, and a statement that

persons may file written comments with the Agency concerning

the permit application within 30 days after the filing of the

permit application unless the time period to submit comments is

extended by the Agency.

When a permit applicant submits information to the Agency

to supplement a permit application being reviewed by the

Agency, the applicant shall not be required to reissue the

notice under this subsection.

(2) The Agency shall accept written comments concerning the

permit application that are postmarked no later than 30 days

after the filing of the permit application, unless the time

period to accept comments is extended by the Agency.

(3) Each applicant for a permit described in part (1) of

this subsection shall file a copy of the permit application

with the county board or governing body of the municipality in

which the MSWLF unit is or is proposed to be located at the

same time the application is submitted to the Agency. The

permit application filed with the county board or governing

body of the municipality shall include all documents submitted

to or to be submitted to the Agency, except trade secrets as

determined under Section 7.1 of this Act. The permit

application and other documents on file with the county board

or governing body of the municipality shall be made available

for public inspection during regular business hours at the

office of the county board or the governing body of the

municipality and may be copied upon payment of the actual cost

of reproduction.

(q) Within 6 months after July 12, 2011 (the effective date

of Public Act 97-95) this amendatory Act of the 97th General

Assembly, the Agency, in consultation with the regulated

community, shall develop a web portal to be posted on its

website for the purpose of enhancing review and promoting

timely issuance of permits required by this Act. At a minimum,

the Agency shall make the following information available on

the web portal:

(1) Checklists and guidance relating to the completion

of permit applications, developed pursuant to subsection

(s) of this Section, which may include, but are not limited

to, existing instructions for completing the applications

and examples of complete applications. As the Agency

develops new checklists and develops guidance, it shall

supplement the web portal with those materials.

(2) Within 2 years after July 12, 2011 (the effective

date of Public Act 97-95) this amendatory Act of the 97th

General Assembly, permit application forms or portions of

permit applications that can be completed and saved

electronically, and submitted to the Agency electronically

with digital signatures.

(3) Within 2 years after July 12, 2011 (the effective

date of Public Act 97-95) this amendatory Act of the 97th

General Assembly, an online tracking system where an

applicant may review the status of its pending application,

including the name and contact information of the permit

analyst assigned to the application. Until the online

tracking system has been developed, the Agency shall post

on its website semi-annual permitting efficiency tracking

reports that include statistics on the timeframes for

Agency action on the following types of permits received

after July 12, 2011 (the effective date of Public Act

97-95) this amendatory Act of the 97th General Assembly:

air construction permits, new NPDES permits and associated

water construction permits, and modifications of major

NPDES permits and associated water construction permits.

The reports must be posted by February 1 and August 1 each

year and shall include:

(A) the number of applications received for each

type of permit, the number of applications on which the

Agency has taken action, and the number of applications

still pending; and

(B) for those applications where the Agency has not

taken action in accordance with the timeframes set

forth in this Act, the date the application was

received and the reasons for any delays, which may

include, but shall not be limited to, (i) the

application being inadequate or incomplete, (ii)

scientific or technical disagreements with the

applicant, USEPA, or other local, state, or federal

agencies involved in the permitting approval process,

(iii) public opposition to the permit, or (iv) Agency

staffing shortages. To the extent practicable, the

tracking report shall provide approximate dates when

cause for delay was identified by the Agency, when the

Agency informed the applicant of the problem leading to

the delay, and when the applicant remedied the reason

for the delay.

(r) Upon the request of the applicant, the Agency shall

notify the applicant of the permit analyst assigned to the

application upon its receipt.

(s) The Agency is authorized to prepare and distribute

guidance documents relating to its administration of this

Section and procedural rules implementing this Section.

Guidance documents prepared under this subsection shall not be

considered rules and shall not be subject to the Illinois

Administrative Procedure Act. Such guidance shall not be

binding on any party.

(t) Except as otherwise prohibited by federal law or

regulation, any person submitting an application for a permit

may include with the application suggested permit language for

Agency consideration. The Agency is not obligated to use the

suggested language or any portion thereof in its permitting

decision. If requested by the permit applicant, the Agency

shall meet with the applicant to discuss the suggested

language.

(u) If requested by the permit applicant, the Agency shall

provide the permit applicant with a copy of the draft permit

prior to any public review period.

(v) If requested by the permit applicant, the Agency shall

provide the permit applicant with a copy of the final permit

prior to its issuance.

(w) An air pollution permit shall not be required due to

emissions of greenhouse gases, as specified by Section 9.15 of

this Act.

(x) If, before the expiration of a State operating permit

that is issued pursuant to subsection (a) of this Section and

contains federally enforceable conditions limiting the

potential to emit of the source to a level below the major

source threshold for that source so as to exclude the source

from the Clean Air Act Permit Program, the Agency receives a

complete application for the renewal of that permit, then all

of the terms and conditions of the permit shall remain in

effect until final administrative action has been taken on the

application for the renewal of the permit.

(Source: P.A. 98-284, eff. 8-9-13; 99-396, eff. 8-18-15;

99-463, eff. 1-1-16; revised 10-20-15.)

Section 460. The Lawn Care Products Application and Notice

Act is amended by changing Section 7 as follows:

(415 ILCS 65/7) (from Ch. 5, par. 857)

Sec. 7. When an administrative hearing is held by the

Department, the hearing officer, upon determination of any

violation of this Act or rule or regulation, shall either refer

the violation to the State's States Attorney's office in the

county where the alleged violation occurred for prosecution or

levy the following administrative monetary penalties:

(a) a penalty of $250 for a first violation;

(b) a penalty of $500 for a second violation; and

(c) a penalty of $1,000 for a third or subsequent

violation.

The penalty levied shall be collected by the Department,

and all penalties collected by the Department under this Act

shall be deposited into the Pesticide Control Fund. Any penalty

not paid within 60 days of notice from the Department shall be

submitted to the Attorney General's office for collection.

Upon prosecution by a State's Attorney, a violation of this

Act or rules shall be a petty offense subject to a fine of $250

for a first offense, a fine of $500 for a second offense, and a

fine of $1,000 for a third or subsequent offense.

(Source: P.A. 96-1005, eff. 7-6-10; revised 10-20-15.)

Section 465. The Mercury Switch Removal Act is amended by

changing Section 10 as follows:

(415 ILCS 97/10)

(Section scheduled to be repealed on January 1, 2017)

Sec. 10. Removal requirements.

(a) Mercury switches removed from end-of-life vehicles

must be managed in accordance with the Environmental Protection

Act and regulations adopted thereunder.

(b) No person shall represent that all mercury switches

have been removed from a vehicle if all mercury switches have

not been removed from the vehicle, except where a mercury

switch cannot be removed from the vehicle because the switch is

inaccessible due to significant damage to the vehicle in the

area surrounding the switch.

(c) Consistent with the protection of confidential

business information, vehicle recyclers, vehicle crushers, and

scrap metal recyclers that remove mercury switches from

end-of-life vehicles must maintain records documenting the

following for each calendar quarter:

(1) the number of mercury switches the vehicle

recycler, vehicle crusher, or scrap metal recycler removed

from end-of-life vehicles;

(2) the number of end-of-life vehicles received by the

vehicle recycler, vehicle crusher, or scrap metal recycler

that contain one or more mercury switches;

(3) the number of end-of-life vehicles the vehicle

recycler, vehicle crusher, or scrap metal recycler

flattened, crushed, shredded, or otherwise processed for

recycling; and

(4) the make and model of each car from which one or

more mercury switches was removed by the vehicle recycler,

vehicle crusher, or scrap metal recycler.

The records required under this subsection (c) must be

retained at the vehicle recycler's or scrap metal recycler's

place of business for a minimum of 3 years and made available

for inspection and copying by the Agency during normal business

hours.

(d) For the period of July 1, 2006 through though June 30,

2007 and for each period of July 1 through though June 30

thereafter, no later than 45 days after the close of the period

vehicle recyclers, vehicle crushers, and scrap metal recyclers

that remove mercury switches from end-of-life vehicles must

submit to the Agency an annual report containing the following

information for the period: (i) the number of mercury switches

the vehicle recycler, vehicle crusher, or scrap metal recycler

removed from end-of-life vehicles; (ii) the number of

end-of-life vehicles received by the vehicle recycler, vehicle

crusher, or scrap metal recycler that contain one or more

mercury switches; , and (iii) the number of end-of-life vehicles

the vehicle recycler, vehicle crusher, or scrap metal recycler

flattened, crushed, shredded, or otherwise processed for

recycling. Data required to be reported to the United States

Environmental Protection Agency under federal law or

regulation may be used in meeting requirements of this

subsection (d), if the data contains the information required

under items (i), (ii), and (iii) of this subsection.

(Source: P.A. 94-732, eff. 4-24-06; revised 10-21-15.)

Section 470. The Litter Control Act is amended by changing

Section 11 as follows:

(415 ILCS 105/11) (from Ch. 38, par. 86-11)

Sec. 11. This Act shall be enforced by all law enforcement

officers in their respective jurisdictions, whether employed

by the State or by any unit of local government. Prosecutions

for violation of this Act shall be conducted by the State's

Attorneys State attorneys of the several counties and by the

Attorney General of this State.

(Source: P.A. 78-837; revised 10-21-15.)

Section 480. The Pyrotechnic Use Act is amended by changing

Section 1 as follows:

(425 ILCS 35/1) (from Ch. 127 1/2, par. 127)

Sec. 1. Definitions. As used in this Act, the following

words shall have the following meanings:

"1.3G fireworks" means those fireworks used for

professional outdoor displays and classified as fireworks

UN0333, UN0334, or UN0335 by the United States Department of

Transportation under 49 C.F.R. 172.101.

"Consumer distributor" means any person who distributes,

offers for sale, sells, or exchanges for consideration consumer

fireworks in Illinois to another distributor or directly to any

retailer or person for resale.

"Consumer fireworks" means those fireworks that must

comply with the construction, chemical composition, and

labeling regulations of the U.S. Consumer Products Safety

Commission, as set forth in 16 C.F.R. Parts 1500 and 1507, and

classified as fireworks UN0336 or UN0337 by the United States

Department of Transportation under 49 C.F.R. 172.101.

"Consumer fireworks" shall not include snake or glow worm

pellets; smoke devices; trick noisemakers known as "party

poppers", "booby traps", "snappers", "trick matches",

"cigarette loads", and "auto burglar alarms"; sparklers; toy

pistols, toy canes, toy guns, or other devices in which paper

or plastic caps containing twenty-five hundredths grains or

less of explosive compound are used, provided they are so

constructed that the hand cannot come in contact with the cap

when in place for the explosion; and toy pistol paper or

plastic caps that contain less than twenty hundredths grains of

explosive mixture; the sale and use of which shall be permitted

at all times.

"Consumer fireworks display" or "consumer display" means

the detonation, ignition, or deflagration of consumer

fireworks to produce a visual or audible effect.

"Consumer operator" means an adult individual who is

responsible for the safety, setup, and discharge of the

consumer fireworks display and who has completed the training

required in Section 2.2 of this Act.

"Consumer retailer" means any person who offers for sale,

sells, or exchanges for consideration consumer fireworks in

Illinois directly to any person with a consumer display permit.

"Display fireworks" means 1.3G or special effects

fireworks or as further defined in the Pyrotechnic Distributor

and Operator Licensing Act.

"Flame effect" means the detonation, ignition, or

deflagration of flammable gases, liquids, or special materials

to produce a thermal, physical, visual, or audible effect

before the public, invitees, or licensees, regardless of

whether admission is charged, in accordance with National Fire

Protection Association 160 guidelines, and as may be further

defined in the Pyrotechnic Distributor and Operator Licensing

Act.

"Lead pyrotechnic operator" means an individual who is

responsible for the safety, setup, and discharge of the

pyrotechnic display or pyrotechnic service and who is licensed

pursuant to the Pyrotechnic Distributor and Operator Licensing

Act.

"Person" means an individual, firm, corporation,

association, partnership, company, consortium, joint venture,

commercial entity, state, municipality, or political

subdivision of a state or any agency, department, or

instrumentality of the United States and any officer, agent, or

employee of these entities.

"Production company" means any person in the film, digital

and video media, television, commercial, music, or theatrical

stage industry who provides pyrotechnic services or

pyrotechnic display services as part of a film, digital and

video media, television, commercial, music, or theatrical

production in the State of Illinois and is licensed by the

Office pursuant to the Pyrotechnic Distributor and Operator

Licensing Act.

"Pyrotechnic display" means the detonation, ignition, or

deflagration of display fireworks or flame effects to produce

visual or audible effects of an a exhibitional nature before

the public, invitees, or licensees, regardless of whether

admission is charged, and as may be further defined in the

Pyrotechnic Distributor and Operator Licensing Act.

"Pyrotechnic distributor" means any person who distributes

display fireworks for sale in the State of Illinois or provides

them as part of a pyrotechnic display service in the State of

Illinois or provides only pyrotechnic services and is licensed

by the Office pursuant to the Pyrotechnic Distributor and

Operator Licensing Act.

"Pyrotechnic service" means the detonation, ignition, or

deflagration of display fireworks, special effects, or flame

effects to produce a visual or audible effect.

"Special effects fireworks" means pyrotechnic devices used

for special effects by professionals in the performing arts in

conjunction with theatrical, musical, or other productions

that are similar to consumer fireworks in chemical compositions

and construction, but are not intended for consumer use and are

not labeled as such or identified as "intended for indoor use".

"Special effects fireworks" are classified as fireworks UN0431

or UN0432 by the United States Department of Transportation

under 49 C.F.R. 172.101.

(Source: P.A. 96-708, eff. 8-25-09; 97-164, eff. 1-1-12;

revised 10-20-15.)

Section 485. The Hazardous Materials Emergency Act is

amended by changing Section 4 as follows:

(430 ILCS 50/4) (from Ch. 127, par. 1254)

Sec. 4. There is hereby created a Hazardous Materials

Advisory Board, composed of 21 members as follows: the Director

of the Illinois Emergency Management Agency, or his designee;

the Director of Agriculture or his designee; the Chairman of

the Illinois Commerce Commission or his designee; the Director

of Public Health or his designee; the Director of the

Environmental Protection Agency or his designee; the Secretary

of Transportation or his designee; the State Fire Marshal or

his designee; the Director of State Police or his designee; the

Director of Natural Resources or his designee; the Illinois

Attorney General or his designee; the Director of Nuclear

Safety or his designee; the Executive Director of the Illinois

Law Enforcement Training Standards Board or his designee; the

Director of the Illinois Fire Service Institute, University of

Illinois, or his designee; and a representative from the

Illinois Association of Chiefs of Police; the Illinois Fire

Chiefs Chief's Association; the Illinois Sheriffs' Sheriff's

Association; the Illinois Emergency Services Management

Association; and 4 members appointed by the Governor, one of

whom shall represent volunteer firefighters, one of whom shall

represent the local emergency response service and two shall

represent the business community. The Chairman shall be

selected by the membership from those members not representing

a State agency.

The Board shall meet within 90 days of January 1, 1985 (the

effective date of Public Act 83-1368) this amendatory Act of

1984 to select a chairman, other officers and establish an

organization structure as the members deem necessary and

thereafter at the call of the chair or any 11 members. A person

who has been designated by the Director of his department to

represent the Director on the Board shall be entitled to vote

on all questions before the Board. Eleven members of the Board

constitute a quorum, except that where members have not been

appointed or designated to the Board, a quorum shall be

constituted by a simple majority of the appointed or designated

membership.

The Board shall advise and make recommendations to the

Agency regarding the reporting of an accident involving

hazardous materials and to the Department regarding the

placarding of transportation of hazardous materials. The Board

shall design a program and develop a Statewide plan providing

for a coordinating system among State agencies and departments

and units of local government, for response to accidents

involving hazardous materials. Every attempt shall be made to

avoid requiring any person to report an accident involving

hazardous materials to more than one State agency. If at all

possible, the primary agency receiving the reports shall be the

Illinois Emergency Management Agency, and that agency shall

relay reports to other State and local agencies.

The Board shall form from among its members, an Emergency

Response Training and Standards Committee. The Secretary of

Transportation or his designee, the State Fire Marshal or his

designee, and the representatives from the Chiefs of Police,

Fire Chiefs and Sheriffs' Sheriff's Association shall also

serve on the Committee. It shall be the duty of this Committee,

with final approval of the Board, to recommend standardized

training courses for firefighters, police officers, and other

hazardous material emergency response personnel of the State

and local governments; to recommend standards for hazardous

material emergency response equipment; and recommend standards

for achievement levels for the various hazardous material

emergency response personnel. The standardized courses shall

include training for firefighters, police officers, and other

hazardous material emergency response personnel described in

the federal regulations relating to the placarding system that

has been promulgated under the Hazardous Materials

Transportation Act (P.L. 93-633).

The Board shall review and recommend the material to be

provided under Sections 5.04, 5.05, and 5.06 of this Act and

assure the development of a plan for those activities in

Section 5.07 of this Act.

The Board shall have the duty to study and recommend to the

various State agencies, local governments and the General

Assembly any aspect of placarding in transportation, hazard

signage systems, the training of hazardous material emergency

response personnel, the equipment used in hazardous material

emergency response, the planning for hazardous material

emergency response, and the dissemination of information

concerning these areas.

The Department of Transportation and the Illinois

Emergency Management Agency shall furnish meeting facilities,

staff, and other administrative needs of the Board. The Agency

or the Department shall inform the Board whenever the Agency or

the Department is considering the adoption of any regulations

under this Act. The Agency or the Department shall send a copy

of all proposed regulations to each member of the Board; the

Board shall be represented at all public hearings regarding

proposals for and changes in Agency or the Department

regulations. The Board may, at its discretion, present the

Agency or the Department with its written evaluation of the

proposed regulations or changes.

Before the Department exempts any hazardous material from

the placarding regulations, under Section 3 of this Act, the

Board must approve the regulations providing for the exemption.

(Source: P.A. 89-445, eff. 2-7-96; 90-449, eff. 8-16-97;

revised 10-20-15.)

Section 490. The Firearm Owners Identification Card Act is

amended by changing Section 1.1 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" 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 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.

disability

This disability results in the professional opinion of a

physician, clinical psychologist, or qualified examiner, in

significant functional limitations in 3 or more of the

following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"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.

Nothing in this definition shall be construed to exclude a gun

show held in conjunction with competitive shooting events at

the World Shooting Complex sanctioned by a national governing

body in which the sale or transfer of firearms is authorized

under subparagraph (5) of paragraph (g) of subsection (A) of

Section 24-3 of the Criminal Code of 2012.

Unless otherwise expressly stated, "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.

"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.

"National governing body" means a group of persons who

adopt rules and formulate policy on behalf of a national

firearm sporting organization.

"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. This disability results, in the

professional opinion of a physician, clinical psychologist, or

qualified examiner, in significant functional limitations in 3

or more of the following areas of major life activity:

(i) self-care;

(ii) receptive and expressive language;

(iii) learning;

(iv) mobility; or

(v) self-direction.

"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. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

eff. 7-27-15; revised 10-20-15.)

Section 495. The Beef Market Development Act is amended by

changing Section 7 as follows:

(505 ILCS 25/7) (from Ch. 5, par. 1407)

Sec. 7. Acceptance of grants and gifts. (a) The Checkoff

Division may accept grants, donations, contributions, or gifts

from any source, provided the use of such resources is not

restricted in any manner which is deemed inconsistent with the

objectives of the program.

(Source: P.A. 99-389, eff. 8-18-15; revised 10-16-15.)

Section 500. The Illinois Conservation Enhancement Act is

amended by changing Section 2-2 as follows:

(505 ILCS 35/2-2) (from Ch. 5, par. 2402-2)

Sec. 2-2. Payments to the landowner. The Director shall,

subject to available funds and appropriations, make the

following payments to the landowner:

(1) establishment of the perennial cover or other

improvements required by the agreement, up to 60% of the cost,

but not to exceed $75 per acre, for easements of limited

duration;

(2) the cost of planting trees required by the agreement,

up to 80% of the cost, but not to exceed $75 per acre, for

easements of limited duration;

(3) a permanent easement, not to exceed 70% of the fair

market value at the time the easement is conveyed, and payment

of 100% of the cost, but not to exceed $75 per acre, to

establish the perennial cover, other improvements or to plant

trees required by the agreement; and

(4) an easement of limited duration, not to exceed 90% of

the present value of the average of the acceptable bids for the

federal Conservation Reserve Program, as contained in Public

Law Number 99-198, in the relevant geographic area and on bids

made immediately prior to when the easement is conveyed. If

federal bid figures have not been determined for the area, or

the federal program has been discontinued, the rate paid shall

be determined by the Director.

The Director may not pay more than $50,000 annually to a

landowner for the landowner's conservation easements and

agreements. Any cost-share payments shall be in addition to

this $50,000 limit.

The Director may supplement cost-share payments made under

other local, State or federal programs, not to exceed $75 an

and acre, to the extent of available appropriations. The

supplemental cost-share payments must be used to establish

perennial cover on land enrolled in programs approved by the

Director.

(Source: P.A. 85-1332; revised 10-16-15.)

Section 505. The Animal Control Act is amended by changing

Section 15 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 State's 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, 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. 99-143, eff. 7-27-15; revised 10-20-15.)

Section 510. The Herptiles-Herps Act is amended by changing

Section 80-5 as follows:

(510 ILCS 68/80-5)

Sec. 80-5. Injury to a member of public by special use

herptiles. A person who possesses a special use herptile

without complying with the requirements of this Act and the

rules adopted under the authority of this Act and whose special

use herptile harms a person when the possessor knew or should

have known that the herptile had a propensity, when provoked or

unprovoked, to harm, cause injury to, or otherwise

substantially endanger a member of the public is guilty of a

Class A misdemeanor. A person who fails to comply with the

provisions of this Act and the rules adopted under the

authority of this Act and who intentionally or knowingly allows

allow a special use herptile to cause great bodily harm to, or

the death of, a human is guilty of a Class 4 felony.

(Source: P.A. 98-752, eff. 1-1-15; revised 10-20-15.)

Section 515. The Humane Care for Animals Act is amended by

changing Section 3.01 as follows:

(510 ILCS 70/3.01) (from Ch. 8, par. 703.01)

Sec. 3.01. Cruel treatment.

(a) No person or owner may beat, cruelly treat, torment,

starve, overwork or otherwise abuse any animal.

(b) No owner may abandon any animal where it may become a

public charge or may suffer injury, hunger or exposure.

(c) No owner of a dog or cat that is a companion animal may

expose the dog or cat in a manner that places the dog or cat in

a life-threatening situation for a prolonged period of time in

extreme heat or cold conditions that results in injury to or

death of the animal.

(d) (c) A person convicted of violating this Section is

guilty of a Class A misdemeanor. A second or subsequent

conviction for a violation of this Section is a Class 4 felony.

In addition to any other penalty provided by law, a person who

is convicted of violating subsection (a) upon a companion

animal in the presence of a child, as defined in Section 12-0.1

of the Criminal Code of 2012, shall be subject to a fine of

$250 and ordered to perform community service for not less than

100 hours. In addition to any other penalty provided by law,

upon conviction for violating this Section, the court may order

the convicted person to undergo a psychological or psychiatric

evaluation and to undergo any treatment at the convicted

person's expense that the court determines to be appropriate

after due consideration of the evidence. If the convicted

person is a juvenile or a companion animal hoarder, the court

must order the convicted person to undergo a psychological or

psychiatric evaluation and to undergo treatment that the court

determines to be appropriate after due consideration of the

evaluation.

(Source: P.A. 99-311, eff. 1-1-16; 99-357, eff. 1-1-16; revised

10-20-15.)

Section 520. The Wildlife Code is amended by changing

Sections 2.26, 2.33, and 3.31 as follows:

(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

Sec. 2.26. Deer hunting permits. In this Section, "bona

fide equity shareholder" means an individual who (1) purchased,

for market price, publicly sold stock shares in a corporation,

purchased shares of a privately-held corporation for a value

equal to the percentage of the appraised value of the corporate

assets represented by the ownership in the corporation, or is a

member of a closely-held family-owned corporation and has

purchased or been gifted with shares of stock in the

corporation accurately reflecting his or her percentage of

ownership and (2) intends to retain the ownership of the shares

of stock for at least 5 years.

In this Section, "bona fide equity member" means an

individual who (1) (i) became a member upon the formation of

the limited liability company or (ii) has purchased a

distributional interest in a limited liability company for a

value equal to the percentage of the appraised value of the LLC

assets represented by the distributional interest in the LLC

and subsequently becomes a member of the company pursuant to

Article 30 of the Limited Liability Company Act and who (2)

intends to retain the membership for at least 5 years.

In this Section, "bona fide equity partner" means an

individual who (1) (i) became a partner, either general or

limited, upon the formation of a partnership or limited

partnership, or (ii) has purchased, acquired, or been gifted a

partnership interest accurately representing his or her

percentage distributional interest in the profits, losses, and

assets of a partnership or limited partnership, (2) intends to

retain ownership of the partnership interest for at least 5

years, and (3) is a resident of Illinois.

Any person attempting to take deer shall first obtain a

"Deer Hunting Permit" issued by the Department in accordance

with its administrative rules. Those rules must provide for the

issuance of the following types of resident deer archery

permits: (i) a combination permit, consisting of one either-sex

permit and one antlerless-only permit, (ii) a single

antlerless-only permit, and (iii) a single either-sex permit.

The fee for a Deer Hunting Permit to take deer with either bow

and arrow or gun shall not exceed $25.00 for residents of the

State. The Department may by administrative rule provide for

non-resident deer hunting permits for which the fee will not

exceed $300 in 2005, $350 in 2006, and $400 in 2007 and

thereafter except as provided below for non-resident

landowners and non-resident archery hunters. The Department

may by administrative rule provide for a non-resident archery

deer permit consisting of not more than 2 harvest tags at a

total cost not to exceed $325 in 2005, $375 in 2006, and $425

in 2007 and thereafter. Permits shall be issued without charge

to:

(a) Illinois landowners residing in Illinois who own at

least 40 acres of Illinois land and wish to hunt their land

only,

(b) resident tenants of at least 40 acres of commercial

agricultural land where they will hunt, and

(c) Bona fide equity shareholders of a corporation,

bona fide equity members of a limited liability company, or

bona fide equity partners of a general or limited

partnership which owns at least 40 acres of land in a

county in Illinois who wish to hunt on the corporation's,

company's, or partnership's land only. One permit shall be

issued without charge to one bona fide equity shareholder,

one bona fide equity member, or one bona fide equity

partner for each 40 acres of land owned by the corporation,

company, or partnership in a county; however, the number of

permits issued without charge to bona fide equity

shareholders of any corporation or bona fide equity members

of a limited liability company in any county shall not

exceed 15, and shall not exceed 3 in the case of bona fide

equity partners of a partnership.

Bona fide landowners or tenants who do not wish to hunt

only on the land they own, rent, or lease or bona fide equity

shareholders, bona fide equity members, or bona fide equity

partners who do not wish to hunt only on the land owned by the

corporation, limited liability company, or partnership shall

be charged the same fee as the applicant who is not a

landowner, tenant, bona fide equity shareholder, bona fide

equity member, or bona fide equity partner. Nonresidents of

Illinois who own at least 40 acres of land and wish to hunt on

their land only shall be charged a fee set by administrative

rule. The method for obtaining these permits shall be

prescribed by administrative rule.

The deer hunting permit issued without fee shall be valid

on all farm lands which the person to whom it is issued owns,

leases or rents, except that in the case of a permit issued to

a bona fide equity shareholder, bona fide equity member, or

bona fide equity partner, the permit shall be valid on all

lands owned by the corporation, limited liability company, or

partnership in the county.

The standards and specifications for use of guns and bow

and arrow for deer hunting shall be established by

administrative rule.

No person may have in his possession any firearm not

authorized by administrative rule for a specific hunting season

when taking deer.

Persons having a firearm deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour

before sunrise to 1/2 hour after sunset, and only during those

days for which an open season is established for the taking of

deer by use of shotgun, handgun, or muzzle loading rifle.

Persons having an archery deer hunting permit shall be

permitted to take deer only during the period from 1/2 hour

before sunrise to 1/2 hour after sunset, and only during those

days for which an open season is established for the taking of

deer by use of bow and arrow.

It shall be unlawful for any person to take deer by use of

dogs, horses, automobiles, aircraft or other vehicles, or by

the use or aid of bait or baiting of any kind. For the purposes

of this Section, "bait" means any material, whether liquid or

solid, including food, salt, minerals, and other products,

except pure water, that can be ingested, placed, or scattered

in such a manner as to attract or lure white-tailed deer.

"Baiting" means the placement or scattering of bait to attract

deer. An area is considered as baited during the presence of

and for 10 consecutive days following the removal of bait.

Nothing in this Section shall prohibit the use of a dog to

track wounded deer. Any person using a dog for tracking wounded

deer must maintain physical control of the dog at all times by

means of a maximum 50 foot lead attached to the dog's collar or

harness. Tracking wounded deer is permissible at night, but at

no time outside of legal deer hunting hours or seasons shall

any person handling or accompanying a dog being used for

tracking wounded deer be in possession of any firearm or

archery device. Persons tracking wounded deer with a dog during

the firearm deer seasons shall wear blaze orange as required.

Dog handlers tracking wounded deer with a dog are exempt from

hunting license and deer permit requirements so long as they

are accompanied by the licensed deer hunter who wounded the

deer.

It shall be unlawful to possess or transport any wild deer

which has been injured or killed in any manner upon a public

highway or public right-of-way of this State unless exempted by

administrative rule.

Persons hunting deer must have gun unloaded and no bow and

arrow device shall be carried with the arrow in the nocked

position during hours when deer hunting is unlawful.

It shall be unlawful for any person, having taken the legal

limit of deer by gun, to further participate with gun in any

deer hunting party.

It shall be unlawful for any person, having taken the legal

limit of deer by bow and arrow, to further participate with bow

and arrow in any deer hunting party.

The Department may prohibit upland game hunting during the

gun deer season by administrative rule.

The Department shall not limit the number of non-resident,

either-sex either sex archery deer hunting permits to less than

20,000.

Any person who violates any of the provisions of this

Section, including administrative rules, shall be guilty of a

Class B misdemeanor.

For the purposes of calculating acreage under this Section,

the Department shall, after determining the total acreage of

the applicable tract or tracts of land, round remaining

fractional portions of an acre greater than or equal to half of

an acre up to the next whole acre.

For the purposes of taking white-tailed deer, nothing in

this Section shall be construed to prevent the manipulation,

including mowing or cutting, of standing crops as a normal

agricultural or soil stabilization practice, food plots, or

normal agricultural practices, including planting, harvesting,

and maintenance such as cultivating or the use of products

designed for scent only and not capable of ingestion, solid or

liquid, placed or scattered, in such a manner as to attract or

lure deer. Such manipulation for the purpose of taking

white-tailed deer may be further modified by administrative

rule.

(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;

98-180, eff. 8-5-13; revised 10-20-15.)

(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, bobcat, 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 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. 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; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-20-15.)

(520 ILCS 5/3.31) (from Ch. 61, par. 3.31)

Sec. 3.31. The Department may designate any operator of a

licensed license game breeding and hunting preserve area or any

of his or its agents or employees as a special representative

of the Department with power to enforce the game laws and to

prevent trespassing upon such property; provided that not more

than two special representatives may be appointed for each such

preserve. Such special representative shall be subject to rules

and regulations to be prescribed by the Department and shall

serve without compensation from the Department.

(Source: P.A. 84-150; revised 10-20-15.)

Section 525. The Illinois Vehicle Code is amended by

changing Sections 3-415, 3-616, 3-626, 3-801, 3-806.3, 3-818,

6-106.1, 6-115, 6-118, 6-205, 6-206, 6-208, 6-302, 11-501.01,

11-605.1, 12-215, and 15-316 as follows:

(625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)

Sec. 3-415. Application for and renewal of registration.

(a) Calendar year. Application for renewal of a vehicle

registration shall be made by the owner, as to those vehicles

required to be registered on a calendar registration year, not

later than December 1 of each year, upon proper application and

by payment of the registration fee and tax for such vehicle, as

provided by law except that application for renewal of a

vehicle registration, as to those vehicles required to be

registered on a staggered calendar year basis, shall be made by

the owner in the form and manner prescribed by the Secretary of

State.

(b) Fiscal year. Application for renewal of a vehicle

registration shall be made by the owner, as to those vehicles

required to be registered on a fiscal registration year, not

later than June 1 of each year, upon proper application and by

payment of the registration fee and tax for such vehicle as

provided by law, except that application for renewal of a

vehicle registration, as to those vehicles required to be

registered on a staggered fiscal year basis, shall be made by

the owner in the form and manner prescribed by the Secretary of

State.

(c) Two calendar years. Application for renewal of a

vehicle registration shall be made by the owner, as to those

vehicles required to be registered for 2 calendar years, not

later than December 1 of the year preceding commencement of the

2-year registration period, except that application for

renewal of a vehicle registration, as to those vehicles

required to be registered for 2 years on a staggered

registration basis, shall be made by the owner in the form and

manner prescribed by the Secretary of State.

(d) Two fiscal years. Application for renewal of a vehicle

registration shall be made by the owner, as to those vehicles

required to be registered for 2 fiscal years, not later than

June 1 immediately preceding commencement of the 2-year

registration period, except that application for renewal of a

vehicle registration, as to those vehicles required to be

registered for 2 fiscal years on a staggered registration

basis, shall be made by the owner in the form and manner

prescribed by the Secretary of State.

(d-5) Three calendar years. Application for renewal of a

vehicle registration shall be made by the owner, as to those

vehicles required to be registered for 3 calendar years, not

later than December 1 of the year preceding commencement of the

3-year registration period.

(d-10) Five calendar years. Application for renewal of a

vehicle registration shall be made by the owner, as to those

vehicles required to be registered for 5 calendar years, not

later than December 1 of the year preceding commencement of the

5-year registration period.

(e) Time of application. The Secretary of State may receive

applications for renewal of registration and grant the same and

issue new registration cards and plates or registration

stickers at any time prior to expiration of registration. No

person shall display upon a vehicle, the new registration

plates or registration stickers prior to the dates the

Secretary of State in his discretion may select.

(f) Verification. The Secretary of State may further

require, as to vehicles for-hire, that applications be

accompanied by verification that fees due under the Illinois

Motor Carrier of Property Law, as amended, have been paid.

(g) (Blank).

(h) Returning combat mission veterans. Beginning in

registration year 2017, the application for renewal, and

subsequent fees, of a vehicle registration for a member of the

active-duty or reserve component of the United States Armed

Forces returning from a combat mission shall not be required

for that service member's next scheduled renewal. Proof of

combat mission service shall come from the service member's

hostile fire pay or imminent danger pay documentation received

any time in the 12 months preceding the registration renewal.

Nothing in this subsection is applicable to the additional fees

incurred by specialty, personalized, or vanity license plates.

(Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 99-32,

eff. 7-10-15; 99-80, eff. 1-1-16; revised 10-19-15.)

(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 licensed

physician assistant, or by a licensed advanced practice nurse,

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 licensed physician

assistant or a licensed 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

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 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. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;

revised 10-19-15.)

(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 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.

(Source: P.A. 99-127, eff. 1-1-16; 99-143, eff. 7-27-15;

revised 11-2-15.)

(625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)

Sec. 3-801. Registration.

(a) Except as provided herein for new residents, every

owner of any vehicle which shall be operated upon the public

highways of this State shall, within 24 hours after becoming

the owner or at such time as such vehicle becomes subject to

registration under the provisions of this Act, file in an

office of the Secretary of State, an application for

registration properly completed and executed. New residents

need not secure registration until 30 days after establishing

residency in this State, provided the vehicle is properly

registered in another jurisdiction. By the expiration of such

30-day 30 day statutory grace period, a new resident shall

comply with the provisions of this Act and apply for Illinois

vehicle registration. All applications for registration shall

be accompanied by all documentation required under the

provisions of this Act. The appropriate registration fees and

taxes provided for in this Article of this Chapter shall be

paid to the Secretary of State with the application for

registration of vehicles subject to registration under this

Act.

(b) Any resident of this State, who has been serving as a

member or as a civilian employee of the United States Armed

Services, or as a civilian employee of the United States

Department of Defense, outside of the State of Illinois, need

not secure registration until 45 days after returning to this

State, provided the vehicle displays temporary military

registration.

(c) When an application is submitted by mail, the applicant

may not submit cash or postage stamps for payment of fees or

taxes due. The Secretary in his discretion, may decline to

accept a personal or company check or electronic payment in

payment of fees or taxes. An application submitted to a dealer,

or a remittance made to the Secretary of State shall be deemed

in compliance with this Section.

(Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; revised

11-2-15.)

(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 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 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.

Commencing with the 2017 registration year, the reduced fee

under this Section shall apply to any special registration

plate authorized in Article VI of Chapter 3 of this Code, for

which the applicant would otherwise be eligible.

No more than one reduced registration fee under this

Section shall be allowed during any 12-month 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,

personalized, or special license plates.

(Source: P.A. 99-71, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-19-15.)

(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)

Sec. 3-818. (a) Mileage weight tax option.

(a) Any owner of a vehicle of the second division may elect

to pay a mileage weight tax for such vehicle in lieu of the

flat weight tax set out in Section 3-815. Such election shall

be binding to the end of the registration year. Renewal of this

election must be filed with the Secretary of State on or before

July 1 of each registration period. In such event the owner

shall, at the time of making such election, pay the $10

registration fee and the minimum guaranteed mileage weight tax,

as hereinafter provided, which payment shall permit the owner

to operate that vehicle the maximum mileage in this State

hereinafter set forth. Any vehicle being operated on mileage

plates cannot be operated outside of this State. In addition

thereto, the owner of that vehicle shall pay a mileage weight

tax at the following rates for each mile traveled in this State

in excess of the maximum mileage provided under the minimum

guaranteed basis:

BUS, TRUCK OR TRUCK TRACTOR

Maximum Mileage Minimum Mileage Weight Tax Guaranteed Permitted for Mileage Gross Weight Mileage Under in excess of

Vehicle and Weight Guaranteed Guaranteed Load Class Tax Tax Mileage 12,000 lbs. or less MD $73 5,000 26 Mills 12,001 to 16,000 lbs. MF 120 6,000 34 Mills 16,001 to 20,000 lbs. MG 180 6,000 46 Mills 20,001 to 24,000 lbs. MH 235 6,000 63 Mills 24,001 to 28,000 lbs. MJ 315 7,000 63 Mills 28,001 to 32,000 lbs. MK 385 7,000 83 Mills 32,001 to 36,000 lbs. ML 485 7,000 99 Mills 36,001 to 40,000 lbs. MN 615 7,000 128 Mills 40,001 to 45,000 lbs. MP 695 7,000 139 Mills 45,001 to 54,999 lbs. MR 853 7,000 156 Mills 55,000 to 59,500 lbs. MS 920 7,000 178 Mills 59,501 to 64,000 lbs. MT 985 7,000 195 Mills 64,001 to 73,280 lbs. MV 1,173 7,000 225 Mills 73,281 to 77,000 lbs. MX 1,328 7,000 258 Mills 77,001 to 80,000 lbs. MZ 1,415 7,000 275 Mills

TRAILER

Maximum Mileage Minimum Mileage Weight Tax Guaranteed Permitted for Mileage Gross Weight Mileage Under in excess of Vehicle and Weight Guaranteed Guaranteed Load Class Tax Tax Mileage 14,000 lbs. or less ME $75 5,000 31 Mills 14,001 to 20,000 lbs. MF 135 6,000 36 Mills

20,001 to 36,000 lbs. ML 540 7,000 103 Mills 36,001 to 40,000 lbs. MM 750 7,000 150 Mills

(a-1) A Special Hauling Vehicle is a vehicle or combination

of vehicles of the second division registered under Section

3-813 transporting asphalt or concrete in the plastic state or

a vehicle or combination of vehicles that are subject to the

gross weight limitations in subsection (a) of Section 15-111

for which the owner of the vehicle or combination of vehicles

has elected to pay, in addition to the registration fee in

subsection (a), $125 to the Secretary of State for each

registration year. The Secretary shall designate this class of

vehicle as a Special Hauling Vehicle.

In preparing rate schedules on registration applications,

the Secretary of State shall add to the above rates, the $10

registration fee. The Secretary may decline to accept any

renewal filed after July 1st.

The number of axles necessary to carry the maximum load

provided shall be determined from Chapter 15 of this Code.

Every owner of a second division motor vehicle for which he

has elected to pay a mileage weight tax shall keep a daily

record upon forms prescribed by the Secretary of State, showing

the mileage covered by that vehicle in this State. Such record

shall contain the license number of the vehicle and the miles

traveled by the vehicle in this State for each day of the

calendar month. Such owner shall also maintain records of fuel

consumed by each such motor vehicle and fuel purchases

therefor. On or before the 10th day of July the owner shall

certify to the Secretary of State upon forms prescribed

therefor, summaries of his daily records which shall show the

miles traveled by the vehicle in this State during the

preceding 12 months and such other information as the Secretary

of State may require. The daily record and fuel records shall

be filed, preserved and available for audit for a period of 3

years. Any owner filing a return hereunder shall certify that

such return is a true, correct and complete return. Any person

who willfully makes a false return hereunder is guilty of

perjury and shall be punished in the same manner and to the

same extent as is provided therefor.

At the time of filing his return, each owner shall pay to

the Secretary of State the proper amount of tax at the rate

herein imposed.

Every owner of a vehicle of the second division who elects

to pay on a mileage weight tax basis and who operates the

vehicle within this State, shall file with the Secretary of

State a bond in the amount of $500. The bond shall be in a form

approved by the Secretary of State and with a surety company

approved by the Illinois Department of Insurance to transact

business in this State as surety, and shall be conditioned upon

such applicant's paying to the State of Illinois all money

becoming due by reason of the operation of the second division

vehicle in this State, together with all penalties and interest

thereon.

Upon notice from the Secretary that the registrant has

failed to pay the excess mileage fees, the surety shall

immediately pay the fees together with any penalties and

interest thereon in an amount not to exceed the limits of the

bond.

(b) Beginning January 1, 2016, upon the request of the

vehicle owner, a $10 surcharge shall be collected in addition

to the above fees for vehicles in the 12,000 lbs. and less

mileage weight plate category as described in subsection (a) to

be deposited into the Secretary of State Special License Plate

Fund. The $10 surcharge is to identify vehicles in the 12,000

lbs. and less mileage weight plate category as a covered farm

vehicle. The $10 surcharge is an annual flat fee that shall be

based on an applicant's new or existing registration year for

each vehicle in the 12,000 lbs. and less mileage weight plate

category. A designation as a covered farm vehicle under this

subsection (b) shall not alter a vehicle's registration as a

registration in the 12,000 lbs. or less mileage weight

category. The Secretary shall adopt any rules necessary to

implement this subsection (b).

(Source: P.A. 99-57, eff. 7-16-15; revised 10-19-15.)

(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)

Sec. 6-106.1. School bus driver permit.

(a) The Secretary of State shall issue a school bus driver

permit to those applicants who have met all the requirements of

the application and screening process under this Section to

insure the welfare and safety of children who are transported

on school buses throughout the State of Illinois. Applicants

shall obtain the proper application required by the Secretary

of State from their prospective or current employer and submit

the completed application to the prospective or current

employer along with the necessary fingerprint submission as

required by the Department of State Police to conduct

fingerprint based criminal background checks on current and

future information available in the state system and current

information available through the Federal Bureau of

Investigation's system. Applicants who have completed the

fingerprinting requirements shall not be subjected to the

fingerprinting process when applying for subsequent permits or

submitting proof of successful completion of the annual

refresher course. Individuals who on July 1, 1995 (the

effective date of Public Act 88-612) this Act possess a valid

school bus driver permit that has been previously issued by the

appropriate Regional School Superintendent are not subject to

the fingerprinting provisions of this Section as long as the

permit remains valid and does not lapse. The applicant shall be

required to pay all related application and fingerprinting fees

as established by rule including, but not limited to, the

amounts established by the Department of State Police and the

Federal Bureau of Investigation to process fingerprint based

criminal background investigations. All fees paid for

fingerprint processing services under this Section shall be

deposited into the State Police Services Fund for the cost

incurred in processing the fingerprint based criminal

background investigations. All other fees paid under this

Section shall be deposited into the Road Fund for the purpose

of defraying the costs of the Secretary of State in

administering this Section. All applicants must:

1. be 21 years of age or older;

2. possess a valid and properly classified driver's

license issued by the Secretary of State;

3. possess a valid driver's license, which has not been

revoked, suspended, or canceled for 3 years immediately

prior to the date of application, or have not had his or

her commercial motor vehicle driving privileges

disqualified within the 3 years immediately prior to the

date of application;

4. successfully pass a written test, administered by

the Secretary of State, on school bus operation, school bus

safety, and special traffic laws relating to school buses

and submit to a review of the applicant's driving habits by

the Secretary of State at the time the written test is

given;

5. demonstrate ability to exercise reasonable care in

the operation of school buses in accordance with rules

promulgated by the Secretary of State;

6. demonstrate physical fitness to operate school

buses by submitting the results of a medical examination,

including tests for drug use for each applicant not subject

to such testing pursuant to federal law, conducted by a

licensed physician, a licensed advanced practice nurse, or

a licensed physician assistant within 90 days of the date

of application according to standards promulgated by the

Secretary of State;

7. affirm under penalties of perjury that he or she has

not made a false statement or knowingly concealed a

material fact in any application for permit;

8. have completed an initial classroom course,

including first aid procedures, in school bus driver safety

as promulgated by the Secretary of State; and after

satisfactory completion of said initial course an annual

refresher course; such courses and the agency or

organization conducting such courses shall be approved by

the Secretary of State; failure to complete the annual

refresher course, shall result in cancellation of the

permit until such course is completed;

9. not have been under an order of court supervision

for or convicted of 2 or more serious traffic offenses, as

defined by rule, within one year prior to the date of

application that may endanger the life or safety of any of

the driver's passengers within the duration of the permit

period;

10. not have been under an order of court supervision

for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.1, 11-20.1B, 11-20.3,
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),

(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and

in subsection (a) and subsection (b), clause (1), of

Section 12-4, and in subsection (A), clauses (a) and (b),

of Section 24-3, and those offenses contained in Article

29D of the Criminal Code of 1961 or the Criminal Code of

2012; (ii) those offenses defined in the Cannabis Control

Act except those offenses defined in subsections (a) and

(b) of Section 4, and subsection (a) of Section 5 of the

Cannabis Control Act; (iii) those offenses defined in the

Illinois Controlled Substances Act; (iv) those offenses

defined in the Methamphetamine Control and Community

Protection Act; (v) any offense committed or attempted in

any other state or against the laws of the United States,

which if committed or attempted in this State would be

punishable as one or more of the foregoing offenses; (vi)

the offenses defined in Section 4.1 and 5.1 of the Wrongs

to Children Act or Section 11-9.1A of the Criminal Code of

1961 or the Criminal Code of 2012; (vii) those offenses

defined in Section 6-16 of the Liquor Control Act of 1934;

and (viii) those offenses defined in the Methamphetamine

Precursor Control Act;

12. not have been repeatedly involved as a driver in

motor vehicle collisions or been repeatedly convicted of

offenses against laws and ordinances regulating the

movement of traffic, to a degree which 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;

13. not have, through the unlawful operation of a motor

vehicle, caused an accident resulting in the death of any

person;

14. not have, within the last 5 years, been adjudged to

be afflicted with or suffering from any mental disability

or disease; and

15. consent, in writing, to the release of results of

reasonable suspicion drug and alcohol testing under

Section 6-106.1c of this Code by the employer of the

applicant to the Secretary of State.

(b) A school bus driver permit shall be valid for a period

specified by the Secretary of State as set forth by rule. It

shall be renewable upon compliance with subsection (a) of this

Section.

(c) A school bus driver permit shall contain the holder's

driver's license number, legal name, residence address, zip

code, and date of birth, a brief description of the holder and

a space for signature. The Secretary of State may require a

suitable photograph of the holder.

(d) The employer shall be responsible for conducting a

pre-employment interview with prospective school bus driver

candidates, distributing school bus driver applications and

medical forms to be completed by the applicant, and submitting

the applicant's fingerprint cards to the Department of State

Police that are required for the criminal background

investigations. The employer shall certify in writing to the

Secretary of State that all pre-employment conditions have been

successfully completed including the successful completion of

an Illinois specific criminal background investigation through

the Department of State Police and the submission of necessary

fingerprints to the Federal Bureau of Investigation for

criminal history information available through the Federal

Bureau of Investigation system. The applicant shall present the

certification to the Secretary of State at the time of

submitting the school bus driver permit application.

(e) Permits shall initially be provisional upon receiving

certification from the employer that all pre-employment

conditions have been successfully completed, and upon

successful completion of all training and examination

requirements for the classification of the vehicle to be

operated, the Secretary of State shall provisionally issue a

School Bus Driver Permit. The permit shall remain in a

provisional status pending the completion of the Federal Bureau

of Investigation's criminal background investigation based

upon fingerprinting specimens submitted to the Federal Bureau

of Investigation by the Department of State Police. The Federal

Bureau of Investigation shall report the findings directly to

the Secretary of State. The Secretary of State shall remove the

bus driver permit from provisional status upon the applicant's

successful completion of the Federal Bureau of Investigation's

criminal background investigation.

(f) A school bus driver permit holder shall notify the

employer and the Secretary of State if he or she is issued an

order of court supervision for or convicted in another state of

an offense that would make him or her ineligible for a permit

under subsection (a) of this Section. The written notification

shall be made within 5 days of the entry of the order of court

supervision or conviction. Failure of the permit holder to

provide the notification is punishable as a petty offense for a

first violation and a Class B misdemeanor for a second or

subsequent violation.

(g) Cancellation; suspension; notice and procedure.

(1) The Secretary of State shall cancel a school bus

driver permit of an applicant whose criminal background

investigation discloses that he or she is not in compliance

with the provisions of subsection (a) of this Section.

(2) The Secretary of State shall cancel a school bus

driver permit when he or she receives notice that the

permit holder fails to comply with any provision of this

Section or any rule promulgated for the administration of

this Section.

(3) The Secretary of State shall cancel a school bus

driver permit if the permit holder's restricted commercial

or commercial driving privileges are withdrawn or

otherwise invalidated.

(4) The Secretary of State may not issue a school bus

driver permit for a period of 3 years to an applicant who

fails to obtain a negative result on a drug test as

required in item 6 of subsection (a) of this Section or

under federal law.

(5) The Secretary of State shall forthwith suspend a

school bus driver permit for a period of 3 years upon

receiving notice that the holder has failed to obtain a

negative result on a drug test as required in item 6 of

subsection (a) of this Section or under federal law.

(6) The Secretary of State shall suspend a school bus

driver permit for a period of 3 years upon receiving notice

from the employer that the holder failed to perform the

inspection procedure set forth in subsection (a) or (b) of

Section 12-816 of this Code.

(7) The Secretary of State shall suspend a school bus

driver permit for a period of 3 years upon receiving notice

from the employer that the holder refused to submit to an

alcohol or drug test as required by Section 6-106.1c or has

submitted to a test required by that Section which

disclosed an alcohol concentration of more than 0.00 or

disclosed a positive result on a National Institute on Drug

Abuse five-drug panel, utilizing federal standards set

forth in 49 CFR 40.87.

The Secretary of State shall notify the State

Superintendent of Education and the permit holder's

prospective or current employer that the applicant has (1) has

failed a criminal background investigation or (2) is no longer

eligible for a school bus driver permit; and of the related

cancellation of the applicant's provisional school bus driver

permit. The cancellation shall remain in effect pending the

outcome of a hearing pursuant to Section 2-118 of this Code.

The scope of the hearing shall be limited to the issuance

criteria contained in subsection (a) of this Section. A

petition requesting a hearing shall be submitted to the

Secretary of State and shall contain the reason the individual

feels he or she is entitled to a school bus driver permit. The

permit holder's employer shall notify in writing to the

Secretary of State that the employer has certified the removal

of the offending school bus driver from service prior to the

start of that school bus driver's next workshift. An employing

school board that fails to remove the offending school bus

driver from service is subject to the penalties defined in

Section 3-14.23 of the School Code. A school bus contractor who

violates a provision of this Section is subject to the

penalties defined in Section 6-106.11.

All valid school bus driver permits issued under this

Section prior to January 1, 1995, shall remain effective until

their expiration date unless otherwise invalidated.

(h) When a school bus driver permit holder who is a service

member is called to active duty, the employer of the permit

holder shall notify the Secretary of State, within 30 days of

notification from the permit holder, that the permit holder has

been called to active duty. Upon notification pursuant to this

subsection, (i) the Secretary of State shall characterize the

permit as inactive until a permit holder renews the permit as

provided in subsection (i) of this Section, and (ii) if a

permit holder fails to comply with the requirements of this

Section while called to active duty, the Secretary of State

shall not characterize the permit as invalid.

(i) A school bus driver permit holder who is a service

member returning from active duty must, within 90 days, renew a

permit characterized as inactive pursuant to subsection (h) of

this Section by complying with the renewal requirements of

subsection (b) of this Section.

(j) For purposes of subsections (h) and (i) of this

Section:

"Active duty" means 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.

"Service member" means a member of the Armed Services or

reserve forces of the United States or a member of the Illinois

National Guard.

(k) A private carrier employer of a school bus driver

permit holder, having satisfied the employer requirements of

this Section, shall be held to a standard of ordinary care for

intentional acts committed in the course of employment by the

bus driver permit holder. This subsection (k) shall in no way

limit the liability of the private carrier employer for

violation of any provision of this Section or for the negligent

hiring or retention of a school bus driver permit holder.

(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15;

revised 11-2-15.)

(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)

Sec. 6-115. Expiration of driver's license.

(a) Except as provided elsewhere in this Section, every

driver's license issued under the provisions of this Code shall

expire 4 years from the date of its issuance, or at such later

date, as the Secretary of State may by proper rule and

regulation designate, not to exceed 12 calendar months; in the

event that an applicant for renewal of a driver's license fails

to apply prior to the expiration date of the previous driver's

license, the renewal driver's license shall expire 4 years from

the expiration date of the previous driver's license, or at

such later date as the Secretary of State may by proper rule

and regulation designate, not to exceed 12 calendar months.

The Secretary of State may, however, issue to a person not

previously licensed as a driver in Illinois a driver's license

which will expire not less than 4 years nor more than 5 years

from date of issuance, except as provided elsewhere in this

Section.

(a-5) Beginning July 1, 2016, every driver's license issued

under this Code to an applicant who is not a United States

citizen shall expire on whichever is the earlier date of the

following:

(1) as provided under subsection (a), (f), (g), or (i)

of this Section; or

(2) on the date the applicant's authorized stay in the

United States terminates.

(b) Before the expiration of a driver's license, except

those licenses expiring on the individual's 21st birthday, or 3

months after the individual's 21st birthday, the holder thereof

may apply for a renewal thereof, subject to all the provisions

of Section 6-103, and the Secretary of State may require an

examination of the applicant. A licensee whose driver's license

expires on his 21st birthday, or 3 months after his 21st

birthday, may not apply for a renewal of his driving privileges

until he reaches the age of 21.

(c) The Secretary of State shall, 30 days prior to the

expiration of a driver's license, forward to each person whose

license is to expire a notification of the expiration of said

license which may be presented at the time of renewal of said

license.

There may be included with such notification information

explaining the anatomical gift and Emergency Medical

Information Card provisions of Section 6-110. The format and

text of such information shall be prescribed by the Secretary.

There shall be included with such notification, for a

period of 4 years beginning January 1, 2000 information

regarding the Illinois Adoption Registry and Medical

Information Exchange established in Section 18.1 of the

Adoption Act.

(d) The Secretary may defer the expiration of the driver's

license of a licensee, spouse, and dependent children who are

living with such licensee while on active duty, serving in the

Armed Forces of the United States outside of the State of

Illinois, and 120 days thereafter, upon such terms and

conditions as the Secretary may prescribe.

(d-5) The Secretary may defer the expiration of the

driver's license of a licensee, or of a spouse or dependent

children living with the licensee, serving as a civilian

employee of the United States Armed Forces or the United States

Department of Defense, outside of the State of Illinois, and

120 days thereafter, upon such terms and conditions as the

Secretary may prescribe.

(e) The Secretary of State may decline to process a renewal

of a driver's license of any person who has not paid any fee or

tax due under this Code and is not paid upon reasonable notice

and demand.

(f) The Secretary shall provide that each original or

renewal driver's license issued to a licensee under 21 years of

age shall expire 3 months after the licensee's 21st birthday.

Persons whose current driver's licenses expire on their 21st

birthday on or after January 1, 1986 shall not renew their

driver's license before their 21st birthday, and their current

driver's license will be extended for an additional term of 3

months beyond their 21st birthday. Thereafter, the expiration

and term of the driver's license shall be governed by

subsection (a) hereof.

(g) The Secretary shall provide that each original or

renewal driver's license issued to a licensee 81 years of age

through age 86 shall expire 2 years from the date of issuance,

or at such later date as the Secretary may by rule and

regulation designate, not to exceed an additional 12 calendar

months. The Secretary shall also provide that each original or

renewal driver's license issued to a licensee 87 years of age

or older shall expire 12 months from the date of issuance, or

at such later date as the Secretary may by rule and regulation

designate, not to exceed an additional 12 calendar months.

(h) The Secretary of State shall provide that each special

restricted driver's license issued under subsection (g) of

Section 6-113 of this Code shall expire 12 months from the date

of issuance. The Secretary shall adopt rules defining renewal

requirements.

(i) The Secretary of State shall provide that each driver's

license issued to a person convicted of a sex offense as

defined in Section 2 of the Sex Offender Registration Act shall

expire 12 months from the date of issuance or at such date as

the Secretary may by rule designate, not to exceed an

additional 12 calendar months. The Secretary may adopt rules

defining renewal requirements.

(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; revised

11-3-15.)

(625 ILCS 5/6-118)

Sec. 6-118. Fees.

(a) The fee for licenses and permits under this Article is

as follows:

Original driver's license.............................$30

Original or renewal driver's license

issued to 18, 19 and 20 year olds.................. 5

All driver's licenses for persons

age 69 through age 80.............................. 5

All driver's licenses for persons

age 81 through age 86.............................. 2

All driver's licenses for persons

age 87 or older.....................................0

Renewal driver's license (except for

applicants ages 18, 19 and 20 or

age 69 and older)..................................30

Original instruction permit issued to

persons (except those age 69 and older)

who do not hold or have not previously

held an Illinois instruction permit or

driver's license.................................. 20

Instruction permit issued to any person

holding an Illinois driver's license

who wishes a change in classifications,

other than at the time of renewal.................. 5

Any instruction permit issued to a person

age 69 and older................................... 5

Instruction permit issued to any person,

under age 69, not currently holding a

valid Illinois driver's license or

instruction permit but who has

previously been issued either document

in Illinois....................................... 10

Restricted driving permit.............................. 8

Monitoring device driving permit...................... 8

Duplicate or corrected driver's license

or permit.......................................... 5

Duplicate or corrected restricted

driving permit..................................... 5

Duplicate or corrected monitoring

device driving permit.................................. 5

Duplicate driver's license or permit issued to

an active-duty member of the

United States Armed Forces,

the member's spouse, or

the dependent children living

with the member................................... 0

Original or renewal M or L endorsement................. 5

SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE

The fees for commercial driver licenses and permits

under Article V shall be as follows:

Commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund

(Commercial Driver's License Information

System/American Association of Motor Vehicle

Administrators network/National Motor Vehicle

Title Information Service Trust Fund);

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license;

and $24 for the CDL:............................. $60

Renewal commercial driver's license:

$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier Safety Inspection Fund;

$10 for the driver's license; and

$24 for the CDL:................................. $60

Commercial learner's permit

issued to any person holding a valid

Illinois driver's license for the

purpose of changing to a

CDL classification: $6 for the

CDLIS/AAMVAnet/NMVTIS Trust Fund;

$20 for the Motor Carrier

Safety Inspection Fund; and

$24 for the CDL classification................... $50

Commercial learner's permit

issued to any person holding a valid

Illinois CDL for the purpose of

making a change in a classification,

endorsement or restriction........................ $5

CDL duplicate or corrected license.................... $5

In order to ensure the proper implementation of the Uniform

Commercial Driver License Act, Article V of this Chapter, the

Secretary of State is empowered to pro-rate the $24 fee for the

commercial driver's license proportionate to the expiration

date of the applicant's Illinois driver's license.

The fee for any duplicate license or permit shall be waived

for any person who presents the Secretary of State's office

with a police report showing that his license or permit was

stolen.

The fee for any duplicate license or permit shall be waived

for any person age 60 or older whose driver's license or permit

has been lost or stolen.

No additional fee shall be charged for a driver's license,

or for a commercial driver's license, when issued to the holder

of an instruction permit for the same classification or type of

license who becomes eligible for such license.

(b) Any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked under

Section 3-707, any provision of Chapter 6, Chapter 11, or

Section 7-205, 7-303, or 7-702 of the Family Financial

Responsibility Law of this Code, shall in addition to any other

fees required by this Code, pay a reinstatement fee as follows:

Suspension under Section 3-707..................... $100

Suspension under Section 11-1431....................$100

Summary suspension under Section 11-501.1...........$250

Suspension under Section 11-501.9...................$250

Summary revocation under Section 11-501.1............$500

Other suspension......................................$70

Revocation...........................................$500

However, any person whose license or privilege to operate a

motor vehicle in this State has been suspended or revoked for a

second or subsequent time for a violation of Section 11-501,

11-501.1, or 11-501.9 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

and each suspension or revocation was for a violation of

Section 11-501, 11-501.1, or 11-501.9 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 shall pay, in addition to any other fees

required by this Code, a reinstatement fee as follows:

Summary suspension under Section 11-501.1............$500

Suspension under Section 11-501.9...................$500

Summary revocation under Section 11-501.1............$500

Revocation...........................................$500

(c) All fees collected under the provisions of this Chapter

6 shall be disbursed under subsection (g) of Section 2-119 of

this Code, except as follows:

1. The following amounts shall be paid into the Driver

Education Fund:

(A) $16 of the $20 fee for an original driver's

instruction permit;

(B) $5 of the $30 fee for an original driver's

license;

(C) $5 of the $30 fee for a 4 year renewal driver's

license;

(D) $4 of the $8 fee for a restricted driving

permit; and

(E) $4 of the $8 fee for a monitoring device

driving permit.

2. $30 of the $250 fee for reinstatement of a license

summarily suspended under Section 11-501.1 or suspended

under Section 11-501.9 shall be deposited into the Drunk

and Drugged Driving Prevention Fund. However, for a person

whose license or privilege to operate a motor vehicle in

this State has been suspended or revoked for a second or

subsequent time for a violation of Section 11-501,

11-501.1, or 11-501.9 of this Code or Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012, $190 of

the $500 fee for reinstatement of a license summarily

suspended under Section 11-501.1 or suspended under

Section 11-501.9, and $190 of the $500 fee for

reinstatement of a revoked license shall be deposited into

the Drunk and Drugged Driving Prevention Fund. $190 of the

$500 fee for reinstatement of a license summarily revoked

pursuant to Section 11-501.1 shall be deposited into the

Drunk and Drugged Driving Prevention Fund.

3. $6 of the original or renewal fee for a commercial

driver's license and $6 of the commercial learner's permit

fee when the permit is issued to any person holding a valid

Illinois driver's license, shall be paid into the

CDLIS/AAMVAnet/NMVTIS Trust Fund.

4. $30 of the $70 fee for reinstatement of a license

suspended under the Family Financial Responsibility Law

shall be paid into the Family Responsibility Fund.

5. The $5 fee for each original or renewal M or L

endorsement shall be deposited into the Cycle Rider Safety

Training Fund.

6. $20 of any original or renewal fee for a commercial

driver's license or commercial learner's permit shall be

paid into the Motor Carrier Safety Inspection Fund.

7. The following amounts shall be paid into the General

Revenue Fund:

(A) $190 of the $250 reinstatement fee for a

summary suspension under Section 11-501.1 or a

suspension under Section 11-501.9;

(B) $40 of the $70 reinstatement fee for any other

suspension provided in subsection (b) of this Section;

and

(C) $440 of the $500 reinstatement fee for a first

offense revocation and $310 of the $500 reinstatement

fee for a second or subsequent revocation.

8. Fees collected under paragraph (4) of subsection (d)

and subsection (h) of Section 6-205 of this Code;

subparagraph (C) of paragraph 3 of subsection (c) of

Section 6-206 of this Code; and paragraph (4) of subsection

(a) of Section 6-206.1 of this Code, shall be paid into the

funds set forth in those Sections.

(d) All of the proceeds of the additional fees imposed by

this amendatory Act of the 96th General Assembly shall be

deposited into the Capital Projects Fund.

(e) The additional fees imposed by this amendatory Act of

the 96th General Assembly shall become effective 90 days after

becoming law.

(f) As used in this Section, "active-duty member of the

United States Armed Forces" means a member of the Armed

Services or Reserve Forces of the United States or a member of

the Illinois National Guard who is called to 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.

(Source: P.A. 98-176 (see Section 10 of P.A. 98-722 and Section

10 of P.A. 99-414 for the effective date of changes made by

P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;

98-1172, eff. 1-12-15; 99-127, eff. 1-1-16; 99-438, eff.

1-1-16; revised 10-19-15.)

(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.

(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 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.

(1.5) A person subject to the provisions of paragraph 4

of subsection (b) of Section 6-208 of this Code may make

application for a restricted driving permit at a hearing

conducted under Section 2-118 of this Code after the

expiration of 5 years from the effective date of the most

recent revocation, or after 5 years from the date of

release from a period of imprisonment resulting from a

conviction of the most recent offense, whichever is later,

provided the person, in addition to all other requirements

of the Secretary, shows by clear and convincing evidence:

(A) a minimum of 3 years of uninterrupted

abstinence from alcohol and the unlawful use or

consumption of cannabis under the Cannabis Control

Act, a controlled substance under the Illinois

Controlled Substances Act, an intoxicating compound

under the Use of Intoxicating Compounds Act, or

methamphetamine under the Methamphetamine Control and

Community Protection Act; and

(B) the successful completion of any

rehabilitative treatment and involvement in any

ongoing rehabilitative activity that may be

recommended by a properly licensed service provider

according to an assessment of the person's alcohol or

drug use under Section 11-501.01 of this Code.

In determining whether an applicant is eligible for a

restricted driving permit under this paragraph (1.5), the

Secretary may consider any relevant evidence, including,

but not limited to, testimony, affidavits, records, and the

results of regular alcohol or drug tests. Persons subject

to the provisions of paragraph 4 of subsection (b) of

Section 6-208 of this Code and who have been convicted of

more than one violation of paragraph (3), paragraph (4), or

paragraph (5) of subsection (a) of Section 11-501 of this

Code shall not be eligible to apply for a restricted

driving permit.

A restricted driving permit issued under this

paragraph (1.5) shall provide that the holder may only

operate motor vehicles equipped with an ignition interlock

device as required under paragraph (2) of subsection (c) of

this Section and subparagraph (A) of paragraph 3 of

subsection (c) of Section 6-206 of this Code. The Secretary

may revoke a restricted driving permit or amend the

conditions of a restricted driving permit issued under this

paragraph (1.5) if the holder operates a vehicle that is

not equipped with an ignition interlock device, or for any

other reason authorized under this Code.

A restricted driving permit issued under this

paragraph (1.5) shall be revoked, and the holder barred

from applying for or being issued a restricted driving

permit in the future, if the holder is subsequently

convicted of a violation of Section 11-501 of this Code, a

similar provision of a local ordinance, or a similar

offense in another state.

(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 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

subparagraph (C) or (F) of paragraph (1) of subsection

(d) of Section 11-501 of this Code, 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. For any

person who, within a 5-year period, is convicted of a

second or subsequent offense under Section 11-501 of this

Code, or a similar provision of a local ordinance or

similar out-of-state offense, this employment exemption

does not apply until either a one-year one year period has

elapsed during which that person had his or her driving

privileges revoked or a one-year one year period has

elapsed during which that person had a restricted driving

permit which required the use of an ignition interlock

device on every motor vehicle owned or operated by that

person.

(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. 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 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 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.

(3.5) If a person's license or permit is revoked or

suspended due to a conviction for a violation of

subparagraph (C) or (F) of paragraph (1) of subsection (d)

of Section 11-501 of this Code, or a similar provision of a

local ordinance or similar out-of-state offense, 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. For any person who, within

a 5-year period, is convicted of a second or subsequent

offense under Section 11-501 of this Code, or a similar

provision of a local ordinance or similar out-of-state

offense, this employment exemption does not apply until

either a one-year one year period has elapsed during which

that person had his or her driving privileges revoked or a

one-year one year period has elapsed during which that

person had a restricted driving permit which required the

use of an ignition interlock device on every motor vehicle

owned or operated by that person.

(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 for a period not less than 5 years

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. During the time period in

which a person is required to install an ignition interlock

device under this subsection (h), that person shall only

operate vehicles in which ignition interlock devices have been

installed, except as allowed by subdivision (c)(5) or (d)(5) of

this Section.

(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.

(k) The Secretary of State shall notify by mail any person

whose driving privileges have been revoked under paragraph 16

of subsection (a) of this Section that his or her driving

privileges and driver's license will be revoked 90 days from

the date of the mailing of the notice.

(Source: P.A. 99-143, eff. 7-27-15; 99-289, eff. 8-6-15;

99-290, eff. 1-1-16; 99-296, eff. 1-1-16; 99-297, eff. 1-1-16;

99-467, eff. 1-1-16; 99-483, eff. 1-1-16; revised 11-2-15.)

(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 Code 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 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.

(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 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.

(B-5) If a person's license or permit is revoked or

suspended due to a conviction for a violation of

subparagraph (C) or (F) of paragraph (1) of subsection (d)

of Section 11-501 of this Code, or a similar provision of a

local ordinance or similar out-of-state offense, 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. For any

person who, within a 5-year period, is convicted of a

second or subsequent offense under Section 11-501 of this

Code, or a similar provision of a local ordinance or

similar out-of-state offense, this employment exemption

does not apply until either a one-year one year period has

elapsed during which that person had his or her driving

privileges revoked or a one-year one year period has

elapsed during which that person had a restricted driving

permit which required the use of an ignition interlock

device on every motor vehicle owned or operated by that

person.

(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. 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.

(F) A person subject to the provisions of paragraph 4

of subsection (b) of Section 6-208 of this Code may make

application for a restricted driving permit at a hearing

conducted under Section 2-118 of this Code after the

expiration of 5 years from the effective date of the most

recent revocation or after 5 years from the date of release

from a period of imprisonment resulting from a conviction

of the most recent offense, whichever is later, provided

the person, in addition to all other requirements of the

Secretary, shows by clear and convincing evidence:

(i) a minimum of 3 years of uninterrupted

abstinence from alcohol and the unlawful use or

consumption of cannabis under the Cannabis Control

Act, a controlled substance under the Illinois

Controlled Substances Act, an intoxicating compound

under the Use of Intoxicating Compounds Act, or

methamphetamine under the Methamphetamine Control and

Community Protection Act; and

(ii) the successful completion of any

rehabilitative treatment and involvement in any

ongoing rehabilitative activity that may be

recommended by a properly licensed service provider

according to an assessment of the person's alcohol or

drug use under Section 11-501.01 of this Code.

In determining whether an applicant is eligible for a

restricted driving permit under this subparagraph (F), the

Secretary may consider any relevant evidence, including,

but not limited to, testimony, affidavits, records, and the

results of regular alcohol or drug tests. Persons subject

to the provisions of paragraph 4 of subsection (b) of

Section 6-208 of this Code and who have been convicted of

more than one violation of paragraph (3), paragraph (4), or

paragraph (5) of subsection (a) of Section 11-501 of this

Code shall not be eligible to apply for a restricted

driving permit under this subparagraph (F).

A restricted driving permit issued under this

subparagraph (F) shall provide that the holder may only

operate motor vehicles equipped with an ignition interlock

device as required under paragraph (2) of subsection (c) of

Section 6-205 of this Code and subparagraph (A) of

paragraph 3 of subsection (c) of this Section. The

Secretary may revoke a restricted driving permit or amend

the conditions of a restricted driving permit issued under

this subparagraph (F) if the holder operates a vehicle that

is not equipped with an ignition interlock device, or for

any other reason authorized under this Code.

A restricted driving permit issued under this

subparagraph (F) shall be revoked, and the holder barred

from applying for or being issued a restricted driving

permit in the future, if the holder is convicted of a

violation of Section 11-501 of this Code, a similar

provision of a local ordinance, or a similar offense in

another state.

(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. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,

eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;

99-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;

revised 11-3-15.)

(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)

Sec. 6-208. Period of Suspension - Application After

Revocation.

(a) Except as otherwise provided by this Code or any other

law of this State, the Secretary of State shall not suspend a

driver's license, permit, or privilege to drive a motor vehicle

on the highways for a period of more than one year.

(b) Any person whose license, permit, or privilege to drive

a motor vehicle on the highways has been revoked shall not be

entitled to have such license, permit, or privilege renewed or

restored. However, such person may, except as provided under

subsections (d) and (d-5) of Section 6-205, make application

for a license pursuant to Section 6-106 (i) if the revocation

was for a cause that has been removed or (ii) as provided in

the following subparagraphs:

1. Except as provided in subparagraphs 1.3, 1.5, 2, 3,

4, and 5, the person may make application for a license (A)

after the expiration of one year from the effective date of

the revocation, (B) in the case of a violation of paragraph

(b) of Section 11-401 of this Code or a similar provision

of a local ordinance, after the expiration of 3 years from

the effective date of the revocation, or (C) in the case of

a violation of Section 9-3 of the Criminal Code of 1961 or

the Criminal Code of 2012 or a similar provision of a law

of another state relating to the offense of reckless

homicide or a violation of subparagraph (F) of paragraph 1

of subsection (d) of Section 11-501 of this Code relating

to aggravated driving under the influence of alcohol, other

drug or drugs, intoxicating compound or compounds, or any

combination thereof, if the violation was the proximate

cause of a death, after the expiration of 2 years from the

effective date of the revocation or after the expiration of

24 months from the date of release from a period of

imprisonment as provided in Section 6-103 of this Code,

whichever is later.

1.3. If the person is convicted of a second or

subsequent violation of 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, in which 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 may not make application for a

driver's license until:

(A) the person has first been issued a restricted

driving permit by the Secretary of State; and

(B) the expiration of a continuous period of not

less than 5 years following the issuance of the

restricted driving permit during which the person's

restricted driving permit is not suspended, cancelled,

or revoked for a violation of any provision of law, or

any rule or regulation of the Secretary of State

relating to the required use of an ignition interlock

device.

1.5. If the person is convicted of a 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, the person may not make application for a

license or permit until the expiration of 3 years from the

date of the conviction.

2. If such person is convicted of committing a second

violation within a 20-year period of:

(A) Section 11-501 of this Code or a similar

provision of a local ordinance;

(B) Paragraph (b) of Section 11-401 of this Code or

a similar provision of a local ordinance;

(C) Section 9-3 of the Criminal Code of 1961 or the

Criminal Code of 2012, relating to the offense of

reckless homicide; or

(D) any combination of the above offenses

committed at different instances;

then such person may not make application for a license

until after the expiration of 5 years from the effective

date of the most recent revocation. The 20-year period

shall be computed by using the dates the offenses were

committed and shall also include similar out-of-state

offenses and similar offenses committed on a military

installation.

2.5. If a person is convicted of a second violation of

Section 6-303 of this Code committed while the person's

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, the person may not make application for a

license or permit until the expiration of 5 years from the

date of release from a term of imprisonment.

3. However, except as provided in subparagraph 4, if

such person is convicted of committing a third violation or

any combination of the above offenses, including similar

out-of-state offenses and similar offenses committed on a

military installation, contained in subparagraph 2, then

such person may not make application for a license until

after the expiration of 10 years from the effective date of

the most recent revocation.

4. Except as provided in paragraph (1.5) of subsection

(c) of Section 6-205 and subparagraph (F) of paragraph 3 of

subsection (c) of Section 6-206 of this Code, the person

may not make application for a license if the person is

convicted of committing a fourth or subsequent violation of

Section 11-501 of this Code or a similar provision of a

local ordinance, Section 11-401 of this Code, Section 9-3

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

or a combination of these offenses, similar provisions of

local ordinances, similar out-of-state offenses, or

similar offenses committed on a military installation.

4.5. A bona fide resident of a foreign jurisdiction who

is subject to the provisions of subparagraph 4 of this

subsection (b) may make application for termination of the

revocation after a period of 10 years from the effective

date of the most recent revocation. However, if a person

who has been granted a termination of revocation under this

subparagraph 4.5 subsequently becomes a resident of this

State, the revocation shall be reinstated and the person

shall be subject to the provisions of subparagraph 4.

5. The person may not make application for a license or

permit if the person is 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.

Notwithstanding any other provision of this Code, all

persons referred to in this paragraph (b) may not have their

privileges restored until the Secretary receives payment of the

required reinstatement fee pursuant to subsection (b) of

Section 6-118.

In no event shall the Secretary issue such license unless

and until such person has had a hearing pursuant to this Code

and the appropriate administrative rules and the Secretary is

satisfied, after a review or investigation of such person, that

to grant the privilege of driving a motor vehicle on the

highways will not endanger the public safety or welfare.

(c) (Blank).

(Source: P.A. 99-290, eff. 1-1-16; 99-296, eff. 1-1-16; revised

11-3-15.)

(625 ILCS 5/6-302) (from Ch. 95 1/2, par. 6-302)

Sec. 6-302. Making false application or affidavit -

Perjury.

(a) It is a violation of this Section for any person:

1. To display or present any document for the purpose

of making application for a driver's license or permit

knowing that such document contains false information

concerning the identity identify of the applicant;

2. To accept or allow to be accepted any document

displayed or presented for the purpose of making

application for a driver's license or permit knowing that

such document contains false information concerning the

identity of the applicant;

3. To knowingly make any false affidavit or swear or

affirm falsely to any matter or thing required by the terms

of this Act to be sworn to or affirmed.

(b) Sentence.

1. Any person convicted of a violation of this Section

shall be guilty of a Class 4 felony.

2. Any person convicted of a second or subsequent

violation of this Section shall be guilty of a Class 3

felony.

(c) This Section does not prohibit any lawfully authorized

investigative, protective, law enforcement or other activity

of any agency of the United States, State of Illinois or any

other state or political subdivision thereof.

(Source: P.A. 86-503; revised 11-2-15.)

(625 ILCS 5/11-501.01)

Sec. 11-501.01. Additional administrative sanctions.

(a) After a finding of guilt and prior to any final

sentencing or an order for supervision, for an offense based

upon an arrest for a violation of Section 11-501 or a similar

provision of a local ordinance, individuals shall be required

to undergo a professional evaluation to determine if an

alcohol, drug, or intoxicating compound abuse problem exists

and the extent of the problem, and undergo the imposition of

treatment as appropriate. Programs conducting these

evaluations shall be licensed by the Department of Human

Services. The cost of any professional evaluation shall be paid

for by the individual required to undergo the professional

evaluation.

(b) Any person who is found guilty of or pleads guilty to

violating Section 11-501, including any person receiving a

disposition of court supervision for violating that Section,

may be required by the Court to attend a victim impact panel

offered by, or under contract with, a county State's Attorney's

office, a probation and court services department, Mothers

Against Drunk Driving, or the Alliance Against Intoxicated

Motorists. All costs generated by the victim impact panel shall

be paid from fees collected from the offender or as may be

determined by the court.

(c) Every person found guilty of violating Section 11-501,

whose operation of a motor vehicle while in violation of that

Section proximately caused any incident resulting in an

appropriate emergency response, shall be liable for the expense

of an emergency response as provided in subsection (i) of this

Section.

(d) The Secretary of State shall revoke the driving

privileges of any person convicted under Section 11-501 or a

similar provision of a local ordinance.

(e) The Secretary of State shall require the use of

ignition interlock devices for a period not less than 5 years

on all vehicles owned by a person who has been convicted of a

second or subsequent offense of Section 11-501 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. During the time period in which a person is

required to install an ignition interlock device under this

subsection (e), that person shall only operate vehicles in

which ignition interlock devices have been installed, except as

allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of

this Code.

(f) In addition to any other penalties and liabilities, a

person who is found guilty of or pleads guilty to violating

Section 11-501, including any person placed on court

supervision for violating Section 11-501, shall be assessed

$750, payable to the circuit clerk, who shall distribute the

money as follows: $350 to the law enforcement agency that made

the arrest, and $400 shall be forwarded to the State Treasurer

for deposit into the General Revenue Fund. If the person has

been previously convicted of violating Section 11-501 or a

similar provision of a local ordinance, the fine shall be

$1,000, and the circuit clerk shall distribute $200 to the law

enforcement agency that made the arrest and $800 to the State

Treasurer for deposit into the General Revenue Fund. In the

event that more than one agency is responsible for the arrest,

the amount payable to law enforcement agencies shall be shared

equally. Any moneys received by a law enforcement agency under

this subsection (f) shall be used for enforcement and

prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any

combination thereof, as defined by Section 11-501 of this Code,

including but not limited to the purchase of law enforcement

equipment and commodities that will assist in the prevention of

alcohol related criminal violence throughout the State; police

officer training and education in areas related to alcohol

related crime, including but not limited to DUI training; and

police officer salaries, including but not limited to salaries

for hire back funding for safety checkpoints, saturation

patrols, and liquor store sting operations. Any moneys received

by the Department of State Police under this subsection (f)

shall be deposited into the State Police DUI Fund and shall be

used to purchase law enforcement equipment that will assist in

the prevention of alcohol related criminal violence throughout

the State.

(g) The Secretary of State Police DUI Fund is created as a

special fund in the State treasury. All moneys received by the

Secretary of State Police under subsection (f) of this Section

shall be deposited into the Secretary of State Police DUI Fund

and, subject to appropriation, shall be used for enforcement

and prevention of driving while under the influence of alcohol,

other drug or drugs, intoxicating compound or compounds or any

combination thereof, as defined by Section 11-501 of this Code,

including but not limited to the purchase of law enforcement

equipment and commodities to assist in the prevention of

alcohol related criminal violence throughout the State; police

officer training and education in areas related to alcohol

related crime, including but not limited to DUI training; and

police officer salaries, including but not limited to salaries

for hire back funding for safety checkpoints, saturation

patrols, and liquor store sting operations.

(h) Whenever an individual is sentenced for an offense

based upon an arrest for a violation of Section 11-501 or a

similar provision of a local ordinance, and the professional

evaluation recommends remedial or rehabilitative treatment or

education, neither the treatment nor the education shall be the

sole disposition and either or both may be imposed only in

conjunction with another disposition. The court shall monitor

compliance with any remedial education or treatment

recommendations contained in the professional evaluation.

Programs conducting alcohol or other drug evaluation or

remedial education must be licensed by the Department of Human

Services. If the individual is not a resident of Illinois,

however, the court may accept an alcohol or other drug

evaluation or remedial education program in the individual's

state of residence. Programs providing treatment must be

licensed under existing applicable alcoholism and drug

treatment licensure standards.

(i) In addition to any other fine or penalty required by

law, an individual convicted of a violation of Section 11-501,

Section 5-7 of the Snowmobile Registration and Safety Act,

Section 5-16 of the Boat Registration and Safety Act, or a

similar provision, whose operation of a motor vehicle,

snowmobile, or watercraft while in violation of Section 11-501,

Section 5-7 of the Snowmobile Registration and Safety Act,

Section 5-16 of the Boat Registration and Safety Act, or a

similar provision proximately caused an incident resulting in

an appropriate emergency response, shall be required to make

restitution to a public agency for the costs of that emergency

response. The restitution may not exceed $1,000 per public

agency for each emergency response. As used in this subsection

(i), "emergency response" means any incident requiring a

response by a police officer, a firefighter carried on the

rolls of a regularly constituted fire department, or an

ambulance. With respect to funds designated for the Department

of State Police, the moneys shall be remitted by the circuit

court clerk to the State Police within one month after receipt

for deposit into the State Police DUI Fund. With respect to

funds designated for the Department of Natural Resources, the

Department of Natural Resources shall deposit the moneys into

the Conservation Police Operations Assistance Fund.

(j) A person that is subject to a chemical test or tests of

blood under subsection (a) of Section 11-501.1 or subdivision

(c)(2) of Section 11-501.2 of this Code, whether or not that

person consents to testing, shall be liable for the expense up

to $500 for blood withdrawal by a physician authorized to

practice medicine, a licensed physician assistant, a licensed

advanced practice nurse, a registered nurse, a trained

phlebotomist, a licensed paramedic, or a qualified person other

than a police officer approved by the Department of State

Police to withdraw blood, who responds, whether at a law

enforcement facility or a health care facility, to a police

department request for the drawing of blood based upon refusal

of the person to submit to a lawfully requested breath test or

probable cause exists to believe the test would disclose the

ingestion, consumption, or use of drugs or intoxicating

compounds if:

(1) the person is found guilty of violating Section

11-501 of this Code or a similar provision of a local

ordinance; or

(2) the person pleads guilty to or stipulates to facts

supporting a violation of Section 11-503 of this Code or a

similar provision of a local ordinance when the plea or

stipulation was the result of a plea agreement in which the

person was originally charged with violating Section

11-501 of this Code or a similar local ordinance.

(Source: P.A. 98-292, eff. 1-1-14; 98-463, eff. 8-16-13;

98-973, eff. 8-15-14; 99-289, eff. 8-6-15; 99-296, eff. 1-1-16;

revised 11-3-15.)

(625 ILCS 5/11-605.1)

Sec. 11-605.1. Special limit while traveling through a

highway construction or maintenance speed zone.

(a) A person may not operate a motor vehicle in a

construction or maintenance speed zone at a speed in excess of

the posted speed limit when workers are present.

(a-5) A person may not operate a motor vehicle in a

construction or maintenance speed zone at a speed in excess of

the posted speed limit when workers are not present.

(b) Nothing in this Chapter prohibits the use of electronic

speed-detecting devices within 500 feet of signs within a

construction or maintenance speed zone indicating the zone, as

defined in this Section, nor shall evidence obtained by use of

those devices be inadmissible in any prosecution for speeding,

provided the use of the device shall apply only to the

enforcement of the speed limit in the construction or

maintenance speed zone.

(c) As used in this Section, a "construction or maintenance

speed zone" is an area in which the Department, Toll Highway

Authority, or local agency has posted signage advising drivers

that a construction or maintenance speed zone is being

approached, or in which the Department, Authority, or local

agency has posted a lower speed limit with a highway

construction or maintenance speed zone special speed limit sign

after determining that the preexisting established speed limit

through a highway construction or maintenance project is

greater than is reasonable or safe with respect to the

conditions expected to exist in the construction or maintenance

speed zone.

If it is determined that the preexisting established speed

limit is safe with respect to the conditions expected to exist

in the construction or maintenance speed zone, additional speed

limit signs which conform to the requirements of this

subsection (c) shall be posted.

Highway construction or maintenance speed zone special

speed limit signs shall be of a design approved by the

Department. The signs must give proper due warning that a

construction or maintenance speed zone is being approached and

must indicate the maximum speed limit in effect. The signs also

must state the amount of the minimum fine for a violation.

(d) Except as provided under subsection (d-5), a person who

violates this Section is guilty of a petty offense. Violations

of this Section are punishable with a minimum fine of $250 for

the first violation and a minimum fine of $750 for the second

or subsequent violation.

(d-5) A person committing a violation of this Section is

guilty of aggravated special speed limit while traveling

through a highway construction or maintenance speed zone when

he or she drives a motor vehicle at a speed that is:

(1) 26 miles per hour or more but less than 35 miles

per hour in excess of the applicable special speed limit

established under this Section or a similar provision of a

local ordinance and is guilty of a Class B misdemeanor; or

(2) 35 miles per hour or more in excess of the

applicable special speed limit established under this

Section or a similar provision of a local ordinance and is

guilty of a Class A misdemeanor.

(e) If a fine for a violation of this Section is $250 or

greater, the person who violated this Section shall be charged

an additional $125, which shall be deposited into the

Transportation Safety Highway Hire-back Fund in the State

treasury, unless (i) the violation occurred on a highway other

than an interstate highway and (ii) a county police officer

wrote the ticket for the violation, in which case the $125

shall be deposited into that county's Transportation Safety

Highway Hire-back Fund. In the case of a second or subsequent

violation of this Section, if the fine is $750 or greater, the

person who violated this Section shall be charged an additional

$250, which shall be deposited into the Transportation Safety

Highway Hire-back Fund in the State treasury, unless (i) the

violation occurred on a highway other than an interstate

highway and (ii) a county police officer wrote the ticket for

the violation, in which case the $250 shall be deposited into

that county's Transportation Safety Highway Hire-back Fund.

(e-5) The Department of State Police and the local county

police department have concurrent jurisdiction over any

violation of this Section that occurs on an interstate highway.

(f) The Transportation Safety Highway Hire-back Fund,

which was created by Public Act 92-619, shall continue to be a

special fund in the State treasury. Subject to appropriation by

the General Assembly and approval by the Secretary, the

Secretary of Transportation shall use all moneys in the

Transportation Safety Highway Hire-back Fund to hire off-duty

Department of State Police officers to monitor construction or

maintenance zones.

(f-5) Each county shall create a Transportation Safety

Highway Hire-back Fund. The county shall use the moneys in its

Transportation Safety Highway Hire-back Fund to hire off-duty

county police officers to monitor construction or maintenance

zones in that county on highways other than interstate

highways. The county, in its discretion, may also use a portion

of the moneys in its Transportation Safety Highway Hire-back

Fund to purchase equipment for county law enforcement and fund

the production of materials to educate drivers on construction

zone safe driving habits.

(g) For a second or subsequent violation of this Section

within 2 years of the date of the previous violation, the

Secretary of State shall suspend the driver's license of the

violator for a period of 90 days. This suspension shall only be

imposed if the current violation of this Section and at least

one prior violation of this Section occurred during a period

when workers were present in the construction or maintenance

zone.

(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,

eff. 1-1-16; revised 10-15-15.)

(625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)

Sec. 12-215. Oscillating, rotating or flashing lights on

motor vehicles. Except as otherwise provided in this Code:

(a) The use of red or white oscillating, rotating or

flashing lights, whether lighted or unlighted, is prohibited

except on:

1. Law enforcement vehicles of State, Federal or local

authorities;

2. A vehicle operated by a police officer or county

coroner and designated or authorized by local authorities,

in writing, as a law enforcement vehicle; however, such

designation or authorization must be carried in the

vehicle;

2.1. A vehicle operated by a fire chief who has

completed an emergency vehicle operation training course

approved by the Office of the State Fire Marshal and

designated or authorized by local authorities, in writing,

as a fire department, fire protection district, or township

fire department vehicle; however, the designation or

authorization must be carried in the vehicle, and the

lights may be visible or activated only when responding to

a bona fide emergency;

3. Vehicles of local fire departments and State or

federal firefighting vehicles;

4. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles; furthermore, such lights

shall not be lighted except when responding to an emergency

call for and while actually conveying the sick or injured;

4.5. Vehicles which are occasionally used as rescue

vehicles that have been authorized for use as rescue

vehicles by a volunteer EMS provider, provided that the

operator of the vehicle has successfully completed an

emergency vehicle operation training course recognized by

the Department of Public Health; furthermore, the lights

shall not be lighted except when responding to an emergency

call for the sick or injured;

5. Tow trucks licensed in a state that requires such

lights; furthermore, such lights shall not be lighted on

any such tow truck while the tow truck is operating in the

State of Illinois;

6. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice;

7. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act;

8. School buses operating alternately flashing head

lamps as permitted under Section 12-805 of this Code;

9. Vehicles that are equipped and used exclusively as

organ transplant vehicles when used in combination with

blue oscillating, rotating, or flashing lights;

furthermore, these lights shall be lighted only when the

transportation is declared an emergency by a member of the

transplant team or a representative of the organ

procurement organization;

10. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response;

11. Vehicles of the Illinois Department of

Transportation identified as Emergency Traffic Patrol; the

lights shall not be lighted except when responding to an

emergency call or when parked or stationary while engaged

in motor vehicle assistance or at the scene of the

emergency; and

12. Vehicles of the Illinois State Toll Highway

Authority identified as Highway Emergency Lane Patrol; the

lights shall not be lighted except when responding to an

emergency call or when parked or stationary while engaged

in motor vehicle assistance or at the scene of the

emergency.

(b) The use of amber oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Second division vehicles designed and used for

towing or hoisting vehicles; furthermore, such lights

shall not be lighted except as required in this paragraph

1; such lights shall be lighted when such vehicles are

actually being used at the scene of an accident or

disablement; if the towing vehicle is equipped with a flat

bed that supports all wheels of the vehicle being

transported, the lights shall not be lighted while the

vehicle is engaged in towing on a highway; if the towing

vehicle is not equipped with a flat bed that supports all

wheels of a vehicle being transported, the lights shall be

lighted while the towing vehicle is engaged in towing on a

highway during all times when the use of headlights is

required under Section 12-201 of this Code; in addition,

these vehicles may use white oscillating, rotating, or

flashing lights in combination with amber oscillating,

rotating, or flashing lights as provided in this paragraph;

2. Motor vehicles or equipment of the State of

Illinois, the Illinois State Toll Highway Authority, local

authorities and contractors; furthermore, such lights

shall not be lighted except while such vehicles are engaged

in maintenance or construction operations within the

limits of construction projects;

3. Vehicles or equipment used by engineering or survey

crews; furthermore, such lights shall not be lighted except

while such vehicles are actually engaged in work on a

highway;

4. Vehicles of public utilities, municipalities, or

other construction, maintenance or automotive service

vehicles except that such lights shall be lighted only as a

means for indicating the presence of a vehicular traffic

hazard requiring unusual care in approaching, overtaking

or passing while such vehicles are engaged in maintenance,

service or construction on a highway;

5. Oversized vehicle or load; however, such lights

shall only be lighted when moving under permit issued by

the Department under Section 15-301 of this Code;

6. The front and rear of motorized equipment owned and

operated by the State of Illinois or any political

subdivision thereof, which is designed and used for removal

of snow and ice from highways;

6.1. The front and rear of motorized equipment or

vehicles that (i) are not owned by the State of Illinois or

any political subdivision of the State, (ii) are designed

and used for removal of snow and ice from highways and

parking lots, and (iii) are equipped with a snow plow that

is 12 feet in width; these lights may not be lighted except

when the motorized equipment or vehicle is actually being

used for those purposes on behalf of a unit of government;

7. Fleet safety vehicles registered in another state,

furthermore, such lights shall not be lighted except as

provided for in Section 12-212 of this Code;

8. Such other vehicles as may be authorized by local

authorities;

9. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights;

9.5. Propane delivery trucks;

10. Vehicles used for collecting or delivering mail for

the United States Postal Service provided that such lights

shall not be lighted except when such vehicles are actually

being used for such purposes;

10.5. Vehicles of the Office of the Illinois State Fire

Marshal, provided that such lights shall not be lighted

except for when such vehicles are engaged in work for the

Office of the Illinois State Fire Marshal;

11. Any vehicle displaying a slow-moving vehicle

emblem as provided in Section 12-205.1;

12. All trucks equipped with self-compactors or

roll-off hoists and roll-on containers for garbage,

recycling, or refuse hauling. Such lights shall not be

lighted except when such vehicles are actually being used

for such purposes;

13. Vehicles used by a security company, alarm

responder, control agency, or the Illinois Department of

Corrections;

14. Security vehicles of the Department of Human

Services; however, the lights shall not be lighted except

when being used for security related purposes under the

direction of the superintendent of the facility where the

vehicle is located; and

15. Vehicles of union representatives, except that the

lights shall be lighted only while the vehicle is within

the limits of a construction project.

(c) The use of blue oscillating, rotating or flashing

lights, whether lighted or unlighted, is prohibited except on:

1. Rescue squad vehicles not owned by a fire department

and vehicles owned or operated by a:

voluntary firefighter;

paid firefighter;

part-paid firefighter;

call firefighter;

member of the board of trustees of a fire

protection district;

paid or unpaid member of a rescue squad;

paid or unpaid member of a voluntary ambulance

unit; or

paid or unpaid members of a local or county

emergency management services agency as defined in the

Illinois Emergency Management Agency Act, designated

or authorized by local authorities, in writing, and

carrying that designation or authorization in the

vehicle.

However, such lights are not to be lighted except when

responding to a bona fide emergency or when parked or

stationary at the scene of a fire, rescue call, ambulance

call, or motor vehicle accident.

Any person using these lights in accordance with this

subdivision (c)1 must carry on his or her person an

identification card or letter identifying the bona fide

member of a fire department, fire protection district,

rescue squad, ambulance unit, or emergency management

services agency that owns or operates that vehicle. The

card or letter must include:

(A) the name of the fire department, fire

protection district, rescue squad, ambulance unit, or

emergency management services agency;

(B) the member's position within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency;

(C) the member's term of service; and

(D) the name of a person within the fire

department, fire protection district, rescue squad,

ambulance unit, or emergency management services

agency to contact to verify the information provided.

2. Police department vehicles in cities having a

population of 500,000 or more inhabitants.

3. Law enforcement vehicles of State or local

authorities when used in combination with red oscillating,

rotating or flashing lights.

4. Vehicles of local fire departments and State or

federal firefighting vehicles when used in combination

with red oscillating, rotating or flashing lights.

5. Vehicles which are designed and used exclusively as

ambulances or rescue vehicles when used in combination with

red oscillating, rotating or flashing lights; furthermore,

such lights shall not be lighted except when responding to

an emergency call.

6. Vehicles that are equipped and used exclusively as

organ transport vehicles when used in combination with red

oscillating, rotating, or flashing lights; furthermore,

these lights shall only be lighted when the transportation

is declared an emergency by a member of the transplant team

or a representative of the organ procurement organization.

7. Vehicles of the Illinois Emergency Management

Agency, vehicles of the Office of the Illinois State Fire

Marshal, vehicles of the Illinois Department of Public

Health, vehicles of the Illinois Department of

Corrections, and vehicles of the Illinois Department of

Juvenile Justice, when used in combination with red

oscillating, rotating, or flashing lights.

8. Vehicles operated by a local or county emergency

management services agency as defined in the Illinois

Emergency Management Agency Act, when used in combination

with red oscillating, rotating, or flashing lights.

9. Vehicles of the Illinois Department of Natural

Resources that are used for mine rescue and explosives

emergency response, when used in combination with red

oscillating, rotating, or flashing lights.

(c-1) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a

voluntary firefighter, a voluntary member of a rescue squad, or

a member of a voluntary ambulance unit may be equipped with

flashing white headlights and blue grill lights, which may be

used only in responding to an emergency call or when parked or

stationary at the scene of a fire, rescue call, ambulance call,

or motor vehicle accident.

(c-2) In addition to the blue oscillating, rotating, or

flashing lights permitted under subsection (c), and

notwithstanding subsection (a), a vehicle operated by a paid or

unpaid member of a local or county emergency management

services agency as defined in the Illinois Emergency Management

Agency Act, may be equipped with white oscillating, rotating,

or flashing lights to be used in combination with blue

oscillating, rotating, or flashing lights, if authorization by

local authorities is in writing and carried in the vehicle.

(d) The use of a combination of amber and white

oscillating, rotating or flashing lights, whether lighted or

unlighted, is prohibited except on second division vehicles

designed and used for towing or hoisting vehicles or motor

vehicles or equipment of the State of Illinois, local

authorities, contractors, and union representatives;

furthermore, such lights shall not be lighted on second

division vehicles designed and used for towing or hoisting

vehicles or vehicles of the State of Illinois, local

authorities, and contractors except while such vehicles are

engaged in a tow operation, highway maintenance, or

construction operations within the limits of highway

construction projects, and shall not be lighted on the vehicles

of union representatives except when those vehicles are within

the limits of a construction project.

(e) All oscillating, rotating or flashing lights referred

to in this Section shall be of sufficient intensity, when

illuminated, to be visible at 500 feet in normal sunlight.

(f) Nothing in this Section shall prohibit a manufacturer

of oscillating, rotating or flashing lights or his

representative or authorized vendor from temporarily mounting

such lights on a vehicle for demonstration purposes only. If

the lights are not covered while the vehicle is operated upon a

highway, the vehicle shall display signage indicating that the

vehicle is out of service or not an emergency vehicle. The

signage shall be displayed on all sides of the vehicle in

letters at least 2 inches tall and one-half inch wide. A

vehicle authorized to have oscillating, rotating, or flashing

lights mounted for demonstration purposes may not activate the

lights while the vehicle is operated upon a highway.

(g) Any person violating the provisions of subsections (a),

(b), (c) or (d) of this Section who without lawful authority

stops or detains or attempts to stop or detain another person

shall be guilty of a Class 2 felony.

(h) Except as provided in subsection (g) above, any person

violating the provisions of subsections (a) or (c) of this

Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 98-80, eff. 7-15-13; 98-123, eff. 1-1-14; 98-468,

eff. 8-16-13; 98-756, eff. 7-16-14; 98-873, eff. 1-1-15; 99-40,

eff. 1-1-16; 99-78, eff. 7-20-15; 99-125, eff. 1-1-16; revised

10-15-15.)

(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)

Sec. 15-316. When the Department or local authority may

restrict right to use highways.

(a) Except as provided in subsection (g), local authorities

with respect to highways under their jurisdiction may by

ordinance or resolution prohibit the operation of vehicles upon

any such highway or impose restrictions as to the weight of

vehicles to be operated upon any such highway, for a total

period of not to exceed 90 days, measured in either consecutive

or nonconsecutive days at the discretion of local authorities,

in any one calendar year, whenever any said highway by reason

of deterioration, rain, snow, or other climate conditions will

be seriously damaged or destroyed unless the use of vehicles

thereon is prohibited or the permissible weights thereof

reduced.

(b) The local authority enacting any such ordinance or

resolution shall erect or cause to be erected and maintained

signs designating the provision of the ordinance or resolution

at each end of that portion of any highway affected thereby,

and the ordinance or resolution shall not be effective unless

and until such signs are erected and maintained.

(c) Local authorities with respect to highways under their

jurisdiction may also, by ordinance or resolution, prohibit the

operation of trucks or other commercial vehicles, or may impose

limitations as the weight thereof, on designated highways,

which prohibitions and limitations shall be designated by

appropriate signs placed on such highways.

(c-1) (Blank).

(c-5) Highway commissioners, with respect to roads under

their authority, may not permanently post a road or portion

thereof at a reduced weight limit unless the decision to do so

is made in accordance with Section Sec. 6-201.22 of the

Illinois Highway Code.

(d) The Department shall likewise have authority as

hereinbefore granted to local authorities to determine by

resolution and to impose restrictions as to the weight of

vehicles operated upon any highway under the jurisdiction of

said department, and such restrictions shall be effective when

signs giving notice thereof are erected upon the highway or

portion of any highway affected by such resolution.

(d-1) (Blank).

(d-2) (Blank).

(e) When any vehicle is operated in violation of this

Section, the owner or driver of the vehicle shall be deemed

guilty of a violation and either the owner or the driver of the

vehicle may be prosecuted for the violation. Any person, firm,

or corporation convicted of violating this Section shall be

fined $50 for any weight exceeding the posted limit up to the

axle or gross weight limit allowed a vehicle as provided for in

subsections (a) or (b) of Section 15-111 and $75 per every 500

pounds or fraction thereof for any weight exceeding that which

is provided for in subsections (a) or (b) of Section 15-111.

(f) A municipality is authorized to enforce a county weight

limit ordinance applying to county highways within its

corporate limits and is entitled to the proceeds of any fines

collected from the enforcement.

(g) An ordinance or resolution enacted by a county or

township pursuant to subsection (a) of this Section shall not

apply to cargo tank vehicles with two or three permanent axles

when delivering propane for emergency heating purposes if the

cargo tank is loaded at no more than 50 percent capacity, the

gross vehicle weight of the vehicle does not exceed 32,000

pounds, and the driver of the cargo tank vehicle notifies the

appropriate agency or agencies with jurisdiction over the

highway before driving the vehicle on the highway pursuant to

this subsection. The cargo tank vehicle must have an operating

gauge on the cargo tank which indicates the amount of propane

as a percent of capacity of the cargo tank. The cargo tank must

have the capacity displayed on the cargo tank, or documentation

of the capacity of the cargo tank must be available in the

vehicle. For the purposes of this subsection, propane weighs

4.2 pounds per gallon. This subsection does not apply to

municipalities. Nothing in this subsection shall allow cargo

tank vehicles to cross bridges with posted weight restrictions

if the vehicle exceeds the posted weight limit.

(Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; revised

10-19-15.)

Section 530. The Juvenile Court Act of 1987 is amended by

changing Sections 2-10, 3-12, and 5-530 as follows:

(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)

Sec. 2-10. Temporary custody hearing. At the appearance of

the minor before the court at the temporary custody hearing,

all witnesses present shall be examined before the court in

relation to any matter connected with the allegations made in

the petition.

(1) If the court finds that there is not probable cause to

believe that the minor is abused, neglected or dependent it

shall release the minor and dismiss the petition.

(2) If the court finds that there is probable cause to

believe that the minor is abused, neglected or dependent, the

court shall state in writing the factual basis supporting its

finding and the minor, his or her parent, guardian, custodian

and other persons able to give relevant testimony shall be

examined before the court. The Department of Children and

Family Services shall give testimony concerning indicated

reports of abuse and neglect, of which they are aware of

through the central registry, involving the minor's parent,

guardian or custodian. After such testimony, the court may,

consistent with the health, safety and best interests of the

minor, enter an order that the minor shall be released upon the

request of parent, guardian or custodian if the parent,

guardian or custodian appears to take custody. If it is

determined that a parent's, guardian's, or custodian's

compliance with critical services mitigates the necessity for

removal of the minor from his or her home, the court may enter

an Order of Protection setting forth reasonable conditions of

behavior that a parent, guardian, or custodian must observe for

a specified period of time, not to exceed 12 months, without a

violation; provided, however, that the 12-month period shall

begin anew after any violation. Custodian shall include any

agency of the State which has been given custody or wardship of

the child. If it is consistent with the health, safety and best

interests of the minor, the court may also prescribe shelter

care and order that the minor be kept in a suitable place

designated by the court or in a shelter care facility

designated by the Department of Children and Family Services or

a licensed child welfare agency; however, on and after January

1, 2015 (the effective date of Public Act 98-803) this

amendatory Act of the 98th General Assembly and before January

1, 2017, a minor charged with a criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 or

adjudicated delinquent shall not be placed in the custody of or

committed to the Department of Children and Family Services by

any court, except a minor less than 16 years of age and

committed to the Department of Children and Family Services

under Section 5-710 of this Act or a minor for whom an

independent basis of abuse, neglect, or dependency exists; and

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 of Children and

Family Services by any court, except a minor less than 15 years

of age and committed to the Department of Children and Family

Services under Section 5-710 of this Act or a minor for whom an

independent basis of abuse, neglect, or dependency exists. 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.

In placing the minor, the Department or other agency shall,

to the extent compatible with the court's order, comply with

Section 7 of the Children and Family Services Act. In

determining the health, safety and best interests of the minor

to prescribe shelter care, the court must find that it is a

matter of immediate and urgent necessity for the safety and

protection of the minor or of the person or property of another

that the minor be placed in a shelter care facility or that he

or she is likely to flee the jurisdiction of the court, and

must further find that reasonable efforts have been made or

that, consistent with the health, safety and best interests of

the minor, no efforts reasonably can be made to prevent or

eliminate the necessity of removal of the minor from his or her

home. The court shall require documentation from the Department

of Children and Family Services as to the reasonable efforts

that were made to prevent or eliminate the necessity of removal

of the minor from his or her home or the reasons why no efforts

reasonably could be made to prevent or eliminate the necessity

of removal. When a minor is placed in the home of a relative,

the Department of Children and Family Services shall complete a

preliminary background review of the members of the minor's

custodian's household in accordance with Section 4.3 of the

Child Care Act of 1969 within 90 days of that placement. If the

minor is ordered placed in a shelter care facility of the

Department of Children and Family Services or a licensed child

welfare agency, the court shall, upon request of the

appropriate Department or other agency, appoint the Department

of Children and Family Services Guardianship Administrator or

other appropriate agency executive temporary custodian of the

minor and the court may enter such other orders related to the

temporary custody as it deems fit and proper, including the

provision of services to the minor or his family to ameliorate

the causes contributing to the finding of probable cause or to

the finding of the existence of immediate and urgent necessity.

Where the Department of Children and Family Services

Guardianship Administrator is appointed as the executive

temporary custodian, the Department of Children and Family

Services shall file with the court and serve on the parties a

parent-child visiting plan, within 10 days, excluding weekends

and holidays, after the appointment. The parent-child visiting

plan shall set out the time and place of visits, the frequency

of visits, the length of visits, who shall be present at the

visits, and where appropriate, the minor's opportunities to

have telephone and mail communication with the parents.

Where the Department of Children and Family Services

Guardianship Administrator is appointed as the executive

temporary custodian, and when the child has siblings in care,

the Department of Children and Family Services shall file with

the court and serve on the parties a sibling placement and

contact plan within 10 days, excluding weekends and holidays,

after the appointment. The sibling placement and contact plan

shall set forth whether the siblings are placed together, and

if they are not placed together, what, if any, efforts are

being made to place them together. If the Department has

determined that it is not in a child's best interest to be

placed with a sibling, the Department shall document in the

sibling placement and contact plan the basis for its

determination. For siblings placed separately, the sibling

placement and contact plan shall set the time and place for

visits, the frequency of the visits, the length of visits, who

shall be present for the visits, and where appropriate, the

child's opportunities to have contact with their siblings in

addition to in person contact. If the Department determines it

is not in the best interest of a sibling to have contact with a

sibling, the Department shall document in the sibling placement

and contact plan the basis for its determination. The sibling

placement and contact plan shall specify a date for development

of the Sibling Contact Support Plan, under subsection (f) of

Section 7.4 of the Children and Family Services Act, and shall

remain in effect until the Sibling Contact Support Plan is

developed.

For good cause, the court may waive the requirement to

file the parent-child visiting plan or the sibling placement

and contact plan, or extend the time for filing either plan.

Any party may, by motion, request the court to review the

parent-child visiting plan to determine whether it is

reasonably calculated to expeditiously facilitate the

achievement of the permanency goal. A party may, by motion,

request the court to review the parent-child visiting plan or

the sibling placement and contact plan to determine whether it

is consistent with the minor's best interest. The court may

refer the parties to mediation where available. The frequency,

duration, and locations of visitation shall be measured by the

needs of the child and family, and not by the convenience of

Department personnel. Child development principles shall be

considered by the court in its analysis of how frequent

visitation should be, how long it should last, where it should

take place, and who should be present. If upon motion of the

party to review either plan and after receiving evidence, the

court determines that the parent-child visiting plan is not

reasonably calculated to expeditiously facilitate the

achievement of the permanency goal or that the restrictions

placed on parent-child contact or sibling placement or contact

are contrary to the child's best interests, the court shall put

in writing the factual basis supporting the determination and

enter specific findings based on the evidence. The court shall

enter an order for the Department to implement changes to the

parent-child visiting plan or sibling placement or contact

plan, consistent with the court's findings. At any stage of

proceeding, any party may by motion request the court to enter

any orders necessary to implement the parent-child visiting

plan, sibling placement or contact plan or subsequently

developed Sibling Contact Support Plan. Nothing under this

subsection (2) shall restrict the court from granting

discretionary authority to the Department to increase

opportunities for additional parent-child contacts or sibling

contacts, without further court orders. Nothing in this

subsection (2) shall restrict the Department from immediately

restricting or terminating parent-child contact or sibling

contacts, without either amending the parent-child visiting

plan or the sibling contact plan or obtaining a court order,

where the Department or its assigns reasonably believe that

continuation of the contact, as set out in the plan, would be

contrary to the child's health, safety, and welfare. The

Department shall file with the court and serve on the parties

any amendments to the plan within 10 days, excluding weekends

and holidays, of the change of the visitation.

Acceptance of services shall not be considered an admission

of any allegation in a petition made pursuant to this Act, nor

may a referral of services be considered as evidence in any

proceeding pursuant to this Act, except where the issue is

whether the Department has made reasonable efforts to reunite

the family. In making its findings that it is consistent with

the health, safety and best interests of the minor to prescribe

shelter care, the court shall state in writing (i) the factual

basis supporting its findings concerning the immediate and

urgent necessity for the protection of the minor or of the

person or property of another and (ii) the factual basis

supporting its findings that reasonable efforts were made to

prevent or eliminate the removal of the minor from his or her

home or that no efforts reasonably could be made to prevent or

eliminate the removal of the minor from his or her home. The

parents, guardian, custodian, temporary custodian and minor

shall each be furnished a copy of such written findings. The

temporary custodian shall maintain a copy of the court order

and written findings in the case record for the child. The

order together with the court's findings of fact in support

thereof shall be entered of record in the court.

Once the court finds that it is a matter of immediate and

urgent necessity for the protection of the minor that the minor

be placed in a shelter care facility, the minor shall not be

returned to the parent, custodian or guardian until the court

finds that such placement is no longer necessary for the

protection of the minor.

If the child is placed in the temporary custody of the

Department of Children and Family Services for his or her

protection, the court shall admonish the parents, guardian,

custodian or responsible relative that the parents must

cooperate with the Department of Children and Family Services,

comply with the terms of the service plans, and correct the

conditions which require the child to be in care, or risk

termination of their parental rights.

(3) If prior to the shelter care hearing for a minor

described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party

is unable to serve notice on the party respondent, the shelter

care hearing may proceed ex parte ex-parte. A shelter care

order from an ex parte ex-parte hearing shall be endorsed with

the date and hour of issuance and shall be filed with the

clerk's office and entered of record. The order shall expire

after 10 days from the time it is issued unless before its

expiration it is renewed, at a hearing upon appearance of the

party respondent, or upon an affidavit of the moving party as

to all diligent efforts to notify the party respondent by

notice as herein prescribed. The notice prescribed shall be in

writing and shall be personally delivered to the minor or the

minor's attorney and to the last known address of the other

person or persons entitled to notice. The notice shall also

state the nature of the allegations, the nature of the order

sought by the State, including whether temporary custody is

sought, and the consequences of failure to appear and shall

contain a notice that the parties will not be entitled to

further written notices or publication notices of proceedings

in this case, including the filing of an amended petition or a

motion to terminate parental rights, except as required by

Supreme Court Rule 11; and shall explain the right of the

parties and the procedures to vacate or modify a shelter care

order as provided in this Section. The notice for a shelter

care hearing shall be substantially as follows:

NOTICE TO PARENTS AND CHILDREN

OF SHELTER CARE HEARING

On ................ at ........., before the Honorable

................, (address:) ................., the State

of Illinois will present evidence (1) that (name of child

or children) ....................... are abused, neglected

or dependent for the following reasons:

.............................................. and (2)

whether there is "immediate and urgent necessity" to remove

the child or children from the responsible relative.

YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN

PLACEMENT of the child or children in foster care until a

trial can be held. A trial may not be held for up to 90

days. You will not be entitled to further notices of

proceedings in this case, including the filing of an

amended petition or a motion to terminate parental rights.

At the shelter care hearing, parents have the following

rights:

1. To ask the court to appoint a lawyer if they

cannot afford one.

2. To ask the court to continue the hearing to

allow them time to prepare.

3. To present evidence concerning:

a. Whether or not the child or children were

abused, neglected or dependent.

b. Whether or not there is "immediate and

urgent necessity" to remove the child from home

(including: their ability to care for the child,

conditions in the home, alternative means of

protecting the child other than removal).

c. The best interests of the child.

4. To cross examine the State's witnesses.

The Notice for rehearings shall be substantially as

follows:

NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

TO REHEARING ON TEMPORARY CUSTODY

If you were not present at and did not have adequate

notice of the Shelter Care Hearing at which temporary

custody of ............... was awarded to

................, you have the right to request a full

rehearing on whether the State should have temporary

custody of ................. To request this rehearing,

you must file with the Clerk of the Juvenile Court

(address): ........................, in person or by

mailing a statement (affidavit) setting forth the

following:

1. That you were not present at the shelter care

hearing.

2. That you did not get adequate notice (explaining

how the notice was inadequate).

3. Your signature.

4. Signature must be notarized.

The rehearing should be scheduled within 48 hours of

your filing this affidavit.

At the rehearing, your rights are the same as at the

initial shelter care hearing. The enclosed notice explains

those rights.

At the Shelter Care Hearing, children have the

following rights:

1. To have a guardian ad litem appointed.

2. To be declared competent as a witness and to

present testimony concerning:

a. Whether they are abused, neglected or

dependent.

b. Whether there is "immediate and urgent

necessity" to be removed from home.

c. Their best interests.

3. To cross examine witnesses for other parties.

4. To obtain an explanation of any proceedings and

orders of the court.

(4) If the parent, guardian, legal custodian, responsible

relative, minor age 8 or over, or counsel of the minor did not

have actual notice of or was not present at the shelter care

hearing, he or she may file an affidavit setting forth these

facts, and the clerk shall set the matter for rehearing not

later than 48 hours, excluding Sundays and legal holidays,

after the filing of the affidavit. At the rehearing, the court

shall proceed in the same manner as upon the original hearing.

(5) Only when there is reasonable cause to believe that the

minor taken into custody is a person described in subsection

(3) of Section 5-105 may the minor be kept or detained in a

detention home or county or municipal jail. This Section shall

in no way be construed to limit subsection (6).

(6) No minor under 16 years of age may be confined in a

jail or place ordinarily used for the confinement of prisoners

in a police station. Minors under 18 years of age must be kept

separate from confined adults and may not at any time be kept

in the same cell, room, or yard with adults confined pursuant

to the criminal law.

(7) If the minor is not brought before a judicial officer

within the time period as specified in Section 2-9, the minor

must immediately be released from custody.

(8) If neither the parent, guardian or custodian appears

within 24 hours to take custody of a minor released upon

request pursuant to subsection (2) of this Section, then the

clerk of the court shall set the matter for rehearing not later

than 7 days after the original order and shall issue a summons

directed to the parent, guardian or custodian to appear. At the

same time the probation department shall prepare a report on

the minor. If a parent, guardian or custodian does not appear

at such rehearing, the judge may enter an order prescribing

that the minor be kept in a suitable place designated by the

Department of Children and Family Services or a licensed child

welfare agency.

(9) Notwithstanding any other provision of this Section any

interested party, including the State, the temporary

custodian, an agency providing services to the minor or family

under a service plan pursuant to Section 8.2 of the Abused and

Neglected Child Reporting Act, foster parent, or any of their

representatives, on notice to all parties entitled to notice,

may file a motion that it is in the best interests of the minor

to modify or vacate a temporary custody order on any of the

following grounds:

(a) It is no longer a matter of immediate and urgent

necessity that the minor remain in shelter care; or

(b) There is a material change in the circumstances of

the natural family from which the minor was removed and the

child can be cared for at home without endangering the

child's health or safety; or

(c) A person not a party to the alleged abuse, neglect

or dependency, including a parent, relative or legal

guardian, is capable of assuming temporary custody of the

minor; or

(d) Services provided by the Department of Children and

Family Services or a child welfare agency or other service

provider have been successful in eliminating the need for

temporary custody and the child can be cared for at home

without endangering the child's health or safety.

In ruling on the motion, the court shall determine whether

it is consistent with the health, safety and best interests of

the minor to modify or vacate a temporary custody order.

The clerk shall set the matter for hearing not later than

14 days after such motion is filed. In the event that the court

modifies or vacates a temporary custody order but does not

vacate its finding of probable cause, the court may order that

appropriate services be continued or initiated in behalf of the

minor and his or her family.

(10) When the court finds or has found that there is

probable cause to believe a minor is an abused minor as

described in subsection (2) of Section 2-3 and that there is an

immediate and urgent necessity for the abused minor to be

placed in shelter care, immediate and urgent necessity shall be

presumed for any other minor residing in the same household as

the abused minor provided:

(a) Such other minor is the subject of an abuse or

neglect petition pending before the court; and

(b) A party to the petition is seeking shelter care for

such other minor.

Once the presumption of immediate and urgent necessity has

been raised, the burden of demonstrating the lack of immediate

and urgent necessity shall be on any party that is opposing

shelter care for the other minor.

(11) The changes made to this Section by Public Act 98-61

apply to a minor who has been arrested or taken into custody on

or after January 1, 2014 (the effective date of Public Act

98-61).

(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;

98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, eff. 1-1-15;

revised 10-16-15.)

(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)

Sec. 3-12. Shelter care hearing. At the appearance of the

minor before the court at the shelter care hearing, all

witnesses present shall be examined before the court in

relation to any matter connected with the allegations made in

the petition.

(1) If the court finds that there is not probable cause to

believe that the minor is a person requiring authoritative

intervention, it shall release the minor and dismiss the

petition.

(2) If the court finds that there is probable cause to

believe that the minor is a person requiring authoritative

intervention, the minor, his or her parent, guardian, custodian

and other persons able to give relevant testimony shall be

examined before the court. After such testimony, the court may

enter an order that the minor shall be released upon the

request of a parent, guardian or custodian if the parent,

guardian or custodian appears to take custody. Custodian shall

include any agency of the State which has been given custody or

wardship of the child. The Court shall require documentation by

representatives of the Department of Children and Family

Services or the probation department as to the reasonable

efforts that were made to prevent or eliminate the necessity of

removal of the minor from his or her home, and shall consider

the testimony of any person as to those reasonable efforts. If

the court finds that it is a matter of immediate and urgent

necessity for the protection of the minor or of the person or

property of another that the minor be placed in a shelter care

facility, or that he or she is likely to flee the jurisdiction

of the court, and further finds that reasonable efforts have

been made or good cause has been shown why reasonable efforts

cannot prevent or eliminate the necessity of removal of the

minor from his or her home, the court may prescribe shelter

care and order that the minor be kept in a suitable place

designated by the court or in a shelter care facility

designated by the Department of Children and Family Services or

a licensed child welfare agency; otherwise it shall release the

minor from custody. If the court prescribes shelter care, then

in placing the minor, the Department or other agency shall, to

the extent compatible with the court's order, comply with

Section 7 of the Children and Family Services Act. If the minor

is ordered placed in a shelter care facility of the Department

of Children and Family Services or a licensed child welfare

agency, the court shall, upon request of the Department or

other agency, appoint the Department of Children and Family

Services Guardianship Administrator or other appropriate

agency executive temporary custodian of the minor and the court

may enter such other orders related to the temporary custody as

it deems fit and proper, including the provision of services to

the minor or his family to ameliorate the causes contributing

to the finding of probable cause or to the finding of the

existence of immediate and urgent necessity. Acceptance of

services shall not be considered an admission of any allegation

in a petition made pursuant to this Act, nor may a referral of

services be considered as evidence in any proceeding pursuant

to this Act, except where the issue is whether the Department

has made reasonable efforts to reunite the family. In making

its findings that reasonable efforts have been made or that

good cause has been shown why reasonable efforts cannot prevent

or eliminate the necessity of removal of the minor from his or

her home, the court shall state in writing its findings

concerning the nature of the services that were offered or the

efforts that were made to prevent removal of the child and the

apparent reasons that such services or efforts could not

prevent the need for removal. The parents, guardian, custodian,

temporary custodian and minor shall each be furnished a copy of

such written findings. The temporary custodian shall maintain a

copy of the court order and written findings in the case record

for the child.

The order together with the court's findings of fact and

support thereof shall be entered of record in the court.

Once the court finds that it is a matter of immediate and

urgent necessity for the protection of the minor that the minor

be placed in a shelter care facility, the minor shall not be

returned to the parent, custodian or guardian until the court

finds that such placement is no longer necessary for the

protection of the minor.

(3) If prior to the shelter care hearing for a minor

described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is

unable to serve notice on the party respondent, the shelter

care hearing may proceed ex parte ex-parte. A shelter care

order from an ex parte ex-parte hearing shall be endorsed with

the date and hour of issuance and shall be filed with the

clerk's office and entered of record. The order shall expire

after 10 days from the time it is issued unless before its

expiration it is renewed, at a hearing upon appearance of the

party respondent, or upon an affidavit of the moving party as

to all diligent efforts to notify the party respondent by

notice as herein prescribed. The notice prescribed shall be in

writing and shall be personally delivered to the minor or the

minor's attorney and to the last known address of the other

person or persons entitled to notice. The notice shall also

state the nature of the allegations, the nature of the order

sought by the State, including whether temporary custody is

sought, and the consequences of failure to appear; and shall

explain the right of the parties and the procedures to vacate

or modify a shelter care order as provided in this Section. The

notice for a shelter care hearing shall be substantially as

follows:

NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING

On ................ at ........., before the Honorable

................, (address:) ................., the State of

Illinois will present evidence (1) that (name of child or

children) ....................... are abused, neglected or

dependent for the following reasons:

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

and (2) that there is "immediate and urgent necessity" to

remove the child or children from the responsible relative.

YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN

PLACEMENT of the child or children in foster care until a trial

can be held. A trial may not be held for up to 90 days.

At the shelter care hearing, parents have the following

rights:

1. To ask the court to appoint a lawyer if they cannot

afford one.

2. To ask the court to continue the hearing to allow

them time to prepare.

3. To present evidence concerning:

a. Whether or not the child or children were

abused, neglected or dependent.

b. Whether or not there is "immediate and urgent

necessity" to remove the child from home (including:

their ability to care for the child, conditions in the

home, alternative means of protecting the child other

than removal).

c. The best interests of the child.

4. To cross examine the State's witnesses.

The Notice for rehearings shall be substantially as

follows:

NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

TO REHEARING ON TEMPORARY CUSTODY

If you were not present at and did not have adequate notice

of the Shelter Care Hearing at which temporary custody of

............... was awarded to ................, you have the

right to request a full rehearing on whether the State should

have temporary custody of ................. To request this

rehearing, you must file with the Clerk of the Juvenile Court

(address): ........................, in person or by mailing a

statement (affidavit) setting forth the following:

1. That you were not present at the shelter care

hearing.

2. That you did not get adequate notice (explaining how

the notice was inadequate).

3. Your signature.

4. Signature must be notarized.

The rehearing should be scheduled within one day of your

filing this affidavit.

At the rehearing, your rights are the same as at the

initial shelter care hearing. The enclosed notice explains

those rights.

At the Shelter Care Hearing, children have the following

rights:

1. To have a guardian ad litem appointed.

2. To be declared competent as a witness and to present

testimony concerning:

a. Whether they are abused, neglected or

dependent.

b. Whether there is "immediate and urgent

necessity" to be removed from home.

c. Their best interests.

3. To cross examine witnesses for other parties.

4. To obtain an explanation of any proceedings and

orders of the court.

(4) If the parent, guardian, legal custodian, responsible

relative, or counsel of the minor did not have actual notice of

or was not present at the shelter care hearing, he or she may

file an affidavit setting forth these facts, and the clerk

shall set the matter for rehearing not later than 48 hours,

excluding Sundays and legal holidays, after the filing of the

affidavit. At the rehearing, the court shall proceed in the

same manner as upon the original hearing.

(5) Only when there is reasonable cause to believe that the

minor taken into custody is a person described in subsection

(3) of Section 5-105 may the minor be kept or detained in a

detention home or county or municipal jail. This Section shall

in no way be construed to limit subsection (6).

(6) No minor under 16 years of age may be confined in a

jail or place ordinarily used for the confinement of prisoners

in a police station. Minors under 18 years of age must be kept

separate from confined adults and may not at any time be kept

in the same cell, room, or yard with adults confined pursuant

to the criminal law.

(7) If the minor is not brought before a judicial officer

within the time period specified in Section 3-11, the minor

must immediately be released from custody.

(8) If neither the parent, guardian or custodian appears

within 24 hours to take custody of a minor released upon

request pursuant to subsection (2) of this Section, then the

clerk of the court shall set the matter for rehearing not later

than 7 days after the original order and shall issue a summons

directed to the parent, guardian or custodian to appear. At the

same time the probation department shall prepare a report on

the minor. If a parent, guardian or custodian does not appear

at such rehearing, the judge may enter an order prescribing

that the minor be kept in a suitable place designated by the

Department of Children and Family Services or a licensed child

welfare agency.

(9) Notwithstanding any other provision of this Section,

any interested party, including the State, the temporary

custodian, an agency providing services to the minor or family

under a service plan pursuant to Section 8.2 of the Abused and

Neglected Child Reporting Act, foster parent, or any of their

representatives, on notice to all parties entitled to notice,

may file a motion to modify or vacate a temporary custody order

on any of the following grounds:

(a) It is no longer a matter of immediate and urgent

necessity that the minor remain in shelter care; or

(b) There is a material change in the circumstances of

the natural family from which the minor was removed; or

(c) A person, including a parent, relative or legal

guardian, is capable of assuming temporary custody of the

minor; or

(d) Services provided by the Department of Children and

Family Services or a child welfare agency or other service

provider have been successful in eliminating the need for

temporary custody.

The clerk shall set the matter for hearing not later than

14 days after such motion is filed. In the event that the court

modifies or vacates a temporary custody order but does not

vacate its finding of probable cause, the court may order that

appropriate services be continued or initiated in behalf of the

minor and his or her family.

(10) The changes made to this Section by Public Act 98-61

apply to a minor who has been arrested or taken into custody on

or after January 1, 2014 (the effective date of Public Act

98-61).

(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised

10-16-15.)

(705 ILCS 405/5-530)

Sec. 5-530. Notice.

(1) A party presenting a supplemental or amended petition

or motion to the court shall provide the other parties with a

copy of any supplemental or amended petition, motion or

accompanying affidavit not yet served upon that party, and

shall file proof of that service, in accordance with

subsections (2), (3), and (4) of this Section. Written notice

of the date, time and place of the hearing, shall be provided

to all parties in accordance with local court rules.

(2) (a) On whom made. If a party is represented by an

attorney of record, service shall be made upon the attorney.

Otherwise service shall be made upon the party.

(b) Method. Papers shall be served as follows:

(1) by delivering them to the attorney or party

personally;

(2) by leaving them in the office of the attorney

with his or her clerk, or with a person in charge of

the office; or if a party is not represented by

counsel, by leaving them at his or her residence with a

family member of the age of 10 years or upwards;

(3) by depositing them in the United States post

office or post-office box enclosed in an envelope,

plainly addressed to the attorney at his or her

business address, or to the party at his or her

business address or residence, with postage fully

pre-paid; or

(4) by transmitting them via facsimile machine to

the office of the attorney or party, who has consented

to receiving service by facsimile transmission. Briefs

filed in reviewing courts shall be served in accordance

with Supreme Court Rule.

(i) A party or attorney electing to serve

pleading by facsimile must include on the

certificate of service transmitted the telephone

number of the sender's facsimile transmitting

device. Use of service by facsimile shall be deemed

consent by that party or attorney to receive

service by facsimile transmission. Any party may

rescind consent of service by facsimile

transmission in a case by filing with the court and

serving a notice on all parties or their attorneys

who have filed appearances that facsimile service

will not be accepted. A party or attorney who has

rescinded consent to service by facsimile

transmission in a case may not serve another party

or attorney by facsimile transmission in that

case.

(ii) Each page of notices and documents

transmitted by facsimile pursuant to this rule

should bear the circuit court number, the title of

the document, and the page number.

(c) Multiple parties or attorneys. In cases in which

there are 2 or more minor-respondents who appear by

different attorneys, service on all papers shall be made on

the attorney for each of the parties. If one attorney

appears for several parties, he or she is entitled to only

one copy of any paper served upon him or her by the

opposite side. When more than one attorney appears for a

party, service of a copy upon one of them is sufficient.

(3)(a) Filing. When service of a paper is required, proof

of service shall be filed with the clerk.

(b) Manner of Proof. Service is proved:

(i) by written acknowledgement signed by the

person served;

(ii) in case of service by personal delivery, by

certificate of the attorney, or affidavit of a person,

other than that an attorney, who made delivery;

(iii) in case of service by mail, by certificate of

the attorney, or affidavit of a person other than the

attorney, who deposited the paper in the mail, stating

the time and place of mailing, the complete address

which appeared on the envelope, and the fact that

proper postage was pre-paid; or

(iv) in case of service by facsimile transmission,

by certificate of the attorney or affidavit of a person

other than the attorney, who transmitted the paper via

facsimile machine, stating the time and place of

transmission, the telephone number to which the

transmission was sent and the number of pages

transmitted.

(c) Effective date of service by mail. Service by mail

is complete 4 days after mailing.

(d) Effective date of service by facsimile

transmission. Service by facsimile machine is complete on

the first court day following transmission.

(Source: P.A. 90-590, eff. 1-1-99; revised 10-16-15.)

Section 535. The Criminal Code of 2012 is amended by

changing Sections 7-5.5, 10-2, 11-1.30, 11-21, 12-2, 12-4.4a,

24-3, and 26-1 as follows:

(720 ILCS 5/7-5.5)

Sec. 7-5.5. Prohibited use of force by a peace officer.

(a) A peace officer shall not use a chokehold in the

performance of his or her duties, unless deadly force is

justified under Article 7 of this Code.

(b) A peace officer shall not use a chokehold, or any

lesser contact with the throat or neck area of another, in

order to prevent the destruction of evidence by ingestion.

(c) As used in this Section, "chokehold" means applying any

direct pressure to the throat, windpipe, or airway of another

with the intent to reduce or prevent the intake of air.

"Chokehold" does not include any holding involving contact with

the neck that is not intended to reduce the intake of air.

(Source: P.A. 99-352, eff. 1-1-16; revised 10-16-15.)

(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;

(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. An offender under the age of

18 years at the time of the commission of aggravated kidnaping

in violation of paragraphs (1) through (8) of subsection (a)

shall be sentenced under Section 5-4.5-105 of the Unified Code

of Corrections.

A person who has attained the age of 18 years at the time

of the commission of the offense and 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. An offender

under the age of 18 years at the time of the commission of the

second or subsequent offense shall be sentenced under Section

5-4.5-105 of the Unified Code of Corrections.

(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-16-16.)

(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;

(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.

(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. An

offender under the age of 18 years at the time of the

commission of aggravated criminal sexual assault in

violation of paragraphs (1) through (10) of subsection (a)

shall be sentenced under Section 5-4.5-105 of the Unified

Code of Corrections.

(2) A person who has attained the age of 18 years at

the time of the commission of the offense and 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. An

offender under the age of 18 years at the time of the

commission of the offense covered by this paragraph (2)

shall be sentenced under Section 5-4.5-105 of the Unified

Code of Corrections.

(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-16-15.)

(720 ILCS 5/11-21) (from Ch. 38, par. 11-21)

Sec. 11-21. Harmful material.

(a) As used in this Section:

"Distribute" means to transfer possession of, whether

with or without consideration.

"Harmful to minors" means that quality of any

description or representation, in whatever form, of

nudity, sexual conduct, sexual excitement, or

sado-masochistic abuse, when, taken as a whole, it (i)

predominately appeals to the prurient interest in sex of

minors, (ii) is patently offensive to prevailing standards

in the adult community in the State as a whole with respect

to what is suitable material for minors, and (iii) lacks

serious literary, artistic, political, or scientific value

for minors.

"Knowingly" means having knowledge of the contents of

the subject matter, or recklessly failing to exercise

reasonable inspection which would have disclosed the

contents.

"Material" means (i) any picture, photograph, drawing,

sculpture, film, video game, computer game, video or

similar visual depiction, including any such

representation or image which is stored electronically, or

(ii) any book, magazine, printed matter however

reproduced, or recorded audio of any sort.

"Minor" means any person under the age of 18.

"Nudity" means the showing of the human male or female

genitals, pubic area or buttocks with less than a fully

opaque covering, or the showing of the female breast with

less than a fully opaque covering of any portion below the

top of the nipple, or the depiction of covered male

genitals in a discernibly discernably turgid state.

"Sado-masochistic abuse" means flagellation or torture

by or upon a person clad in undergarments, a mask or

bizarre costume, or the condition of being fettered, bound

or otherwise physically restrained on the part of one

clothed for sexual gratification or stimulation.

"Sexual conduct" means acts of masturbation, sexual

intercourse, or physical contact with a person's clothed or

unclothed genitals, pubic area, buttocks or, if such person

be a female, breast.

"Sexual excitement" means the condition of human male

or female genitals when in a state of sexual stimulation or

arousal.

(b) A person is guilty of distributing harmful material to

a minor when he or she:

(1) knowingly sells, lends, distributes, exhibits to,

depicts to, or gives away to a minor, knowing that the

minor is under the age of 18 or failing to exercise

reasonable care in ascertaining the person's true age:

(A) any material which depicts nudity, sexual

conduct or sado-masochistic abuse, or which contains

explicit and detailed verbal descriptions or narrative

accounts of sexual excitement, sexual conduct or

sado-masochistic abuse, and which taken as a whole is

harmful to minors;

(B) a motion picture, show, or other presentation

which depicts nudity, sexual conduct or

sado-masochistic abuse and is harmful to minors; or

(C) an admission ticket or pass to premises where

there is exhibited or to be exhibited such a motion

picture, show, or other presentation; or

(2) admits a minor to premises where there is exhibited

or to be exhibited such a motion picture, show, or other

presentation, knowing that the minor is a person under the

age of 18 or failing to exercise reasonable care in

ascertaining the person's true age.

(c) In any prosecution arising under this Section, it is an

affirmative defense:

(1) that the minor as to whom the offense is alleged to

have been committed exhibited to the accused a draft card,

driver's license, birth certificate or other official or

apparently official document purporting to establish that

the minor was 18 years of age or older, which was relied

upon by the accused;

(2) that the defendant was in a parental or

guardianship relationship with the minor or that the minor

was accompanied by a parent or legal guardian;

(3) that the defendant was a bona fide school, museum,

or public library, or was a person acting in the course of

his or her employment as an employee or official of such

organization or retail outlet affiliated with and serving

the educational purpose of such organization;

(4) that the act charged was committed in aid of

legitimate scientific or educational purposes; or

(5) that an advertisement of harmful material as

defined in this Section culminated in the sale or

distribution of such harmful material to a child under

circumstances where there was no personal confrontation of

the child by the defendant, his or her employees, or

agents, as where the order or request for such harmful

material was transmitted by mail, telephone, Internet or

similar means of communication, and delivery of such

harmful material to the child was by mail, freight,

Internet or similar means of transport, which

advertisement contained the following statement, or a

substantially similar statement, and that the defendant

required the purchaser to certify that he or she was not

under the age of 18 and that the purchaser falsely stated

that he or she was not under the age of 18: "NOTICE: It is

unlawful for any person under the age of 18 to purchase the

matter advertised. Any person under the age of 18 that

falsely states that he or she is not under the age of 18

for the purpose of obtaining the material advertised is

guilty of a Class B misdemeanor under the laws of the

State."

(d) The predominant appeal to prurient interest of the

material shall be judged with reference to average children of

the same general age of the child to whom such material was

sold, lent, distributed or given, unless it appears from the

nature of the matter or the circumstances of its dissemination

or distribution that it is designed for specially susceptible

groups, in which case the predominant appeal of the material

shall be judged with reference to its intended or probable

recipient group.

(e) Distribution of harmful material in violation of this

Section is a Class A misdemeanor. A second or subsequent

offense is a Class 4 felony.

(f) Any person under the age of 18 who falsely states,

either orally or in writing, that he or she is not under the

age of 18, or who presents or offers to any person any evidence

of age and identity that is false or not actually his or her

own with the intent of ordering, obtaining, viewing, or

otherwise procuring or attempting to procure or view any

harmful material is guilty of a Class B misdemeanor.

(g) A person over the age of 18 who fails to exercise

reasonable care in ascertaining the true age of a minor,

knowingly distributes to, or sends, or causes to be sent, or

exhibits to, or offers to distribute, or exhibits any harmful

material to a person that he or she believes is a minor is

guilty of a Class A misdemeanor. If that person utilized a

computer web camera, cellular telephone, or any other type of

device to manufacture the harmful material, then each offense

is a Class 4 felony.

(h) 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, except

for willful and wanton misconduct, 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.

(Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10;

96-1551, eff. 7-1-11; revised 10-16-15.)

(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 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 community policing volunteer, private security

officer, 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.

(4.1) A peace officer, fireman, emergency management

worker, or emergency medical technician:

(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, 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)(4.1), (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. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,

eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)

(720 ILCS 5/12-4.4a)

Sec. 12-4.4a. Abuse or criminal neglect of a long term care

facility resident; criminal abuse or neglect of an elderly

person or person with a disability.

(a) Abuse or criminal neglect of a long term care facility

resident.

(1) A person or an owner or licensee commits abuse of a

long term care facility resident when he or she knowingly

causes any physical or mental injury to, or commits any

sexual offense in this Code against, a resident.

(2) A person or an owner or licensee commits criminal

neglect of a long term care facility resident when he or

she recklessly:

(A) performs acts that cause a resident's life to

be endangered, health to be injured, or pre-existing

physical or mental condition to deteriorate, or that

create the substantial likelihood that an elderly

person's or person with a disability's life will be

endangered, health will be injured, or pre-existing

physical or mental condition will deteriorate;

(B) fails to perform acts that he or she knows or

reasonably should know are necessary to maintain or

preserve the life or health of a resident, and that

failure causes the resident's life to be endangered,

health to be injured, or pre-existing physical or

mental condition to deteriorate, or that create the

substantial likelihood that an elderly person's or

person with a disability's life will be endangered,

health will be injured, or pre-existing physical or

mental condition will deteriorate; or

(C) abandons a resident.

(3) A person or an owner or licensee commits neglect of

a long term care facility resident when he or she

negligently fails to provide adequate medical care,

personal care, or maintenance to the resident which results

in physical or mental injury or deterioration of the

resident's physical or mental condition. An owner or

licensee is guilty under this subdivision (a)(3), however,

only if the owner or licensee failed to exercise reasonable

care in the hiring, training, supervising, or providing of

staff or other related routine administrative

responsibilities.

(b) Criminal abuse or neglect of an elderly person or

person with a disability.

(1) A caregiver commits criminal abuse or neglect of an

elderly person or person with a disability when he or she

knowingly does any of the following:

(A) performs acts that cause the person's life to

be endangered, health to be injured, or pre-existing

physical or mental condition to deteriorate;

(B) fails to perform acts that he or she knows or

reasonably should know are necessary to maintain or

preserve the life or health of the person, and that

failure causes the person's life to be endangered,

health to be injured, or pre-existing physical or

mental condition to deteriorate;

(C) abandons the person;

(D) physically abuses, harasses, intimidates, or

interferes with the personal liberty of the person; or

(E) exposes the person to willful deprivation.

(2) It is not a defense to criminal abuse or neglect of

an elderly person or person with a disability that the

caregiver reasonably believed that the victim was not an

elderly person or person with a disability.

(c) Offense not applicable.

(1) Nothing in this Section applies to a physician

licensed to practice medicine in all its branches or a duly

licensed nurse providing care within the scope of his or

her professional judgment and within the accepted

standards of care within the community.

(2) Nothing in this Section imposes criminal liability

on a caregiver who made a good faith effort to provide for

the health and personal care of an elderly person or person

with a disability, but through no fault of his or her own

was unable to provide such care.

(3) Nothing in this Section applies to the medical

supervision, regulation, or control of the remedial care or

treatment of residents in a long term care facility

conducted for those who rely upon treatment by prayer or

spiritual means in accordance with the creed or tenets of

any well-recognized church or religious denomination as

described in Section 3-803 of the Nursing Home Care Act,

Section 1-102 of the Specialized Mental Health

Rehabilitation Act of 2013, Section 3-803 of the ID/DD

Community Care Act, or Section 3-803 of the MC/DD Act.

(4) Nothing in this Section prohibits a caregiver from

providing treatment to an elderly person or person with a

disability by spiritual means through prayer alone and care

consistent therewith in lieu of medical care and treatment

in accordance with the tenets and practices of any church

or religious denomination of which the elderly person or

person with a disability is a member.

(5) Nothing in this Section limits the remedies

available to the victim under the Illinois Domestic

Violence Act of 1986.

(d) Sentence.

(1) Long term care facility. Abuse of a long term care

facility resident is a Class 3 felony. Criminal neglect of

a long term care facility resident is a Class 4 felony,

unless it results in the resident's death in which case it

is a Class 3 felony. Neglect of a long term care facility

resident is a petty offense.

(2) Caregiver. Criminal abuse or neglect of an elderly

person or person with a disability is a Class 3 felony,

unless it results in the person's death in which case it is

a Class 2 felony, and if imprisonment is imposed it shall

be for a minimum term of 3 years and a maximum term of 14

years.

(e) Definitions. For the purposes of this Section:

"Abandon" means to desert or knowingly forsake a resident

or an elderly person or person with a disability under

circumstances in which a reasonable person would continue to

provide care and custody.

"Caregiver" means a person who has a duty to provide for an

elderly person or person with a disability's health and

personal care, at the elderly person or person with a

disability's place of residence, including, but not limited to,

food and nutrition, shelter, hygiene, prescribed medication,

and medical care and treatment, and includes any of the

following:

(1) A parent, spouse, adult child, or other relative by

blood or marriage who resides with or resides in the same

building with or regularly visits the elderly person or

person with a disability, knows or reasonably should know

of such person's physical or mental impairment, and knows

or reasonably should know that such person is unable to

adequately provide for his or her own health and personal

care.

(2) A person who is employed by the elderly person or

person with a disability or by another to reside with or

regularly visit the elderly person or person with a

disability and provide for such person's health and

personal care.

(3) A person who has agreed for consideration to reside

with or regularly visit the elderly person or person with a

disability and provide for such person's health and

personal care.

(4) A person who has been appointed by a private or

public agency or by a court of competent jurisdiction to

provide for the elderly person or person with a

disability's health and personal care.

"Caregiver" does not include a long-term care facility

licensed or certified under the Nursing Home Care Act or a

facility licensed or certified under the ID/DD Community Care

Act, the MC/DD Act, or the Specialized Mental Health

Rehabilitation Act of 2013, or any administrative, medical, or

other personnel of such a facility, or a health care provider

who is licensed under the Medical Practice Act of 1987 and

renders care in the ordinary course of his or her profession.

"Elderly person" means a person 60 years of age or older

who is incapable of adequately providing for his or her own

health and personal care.

"Licensee" means the individual or entity licensed to

operate a facility under the Nursing Home Care Act, the

Specialized Mental Health Rehabilitation Act of 2013, the ID/DD

Community Care Act, the MC/DD Act, or the Assisted Living and

Shared Housing Act.

"Long term care facility" means a private home,

institution, building, residence, or other place, whether

operated for profit or not, or a county home for the infirm and

chronically ill operated pursuant to Division 5-21 or 5-22 of

the Counties Code, or any similar institution operated by the

State of Illinois or a political subdivision thereof, which

provides, through its ownership or management, personal care,

sheltered care, or nursing for 3 or more persons not related to

the owner by blood or marriage. The term also includes skilled

nursing facilities and intermediate care facilities as defined

in Titles XVIII and XIX of the federal Social Security Act and

assisted living establishments and shared housing

establishments licensed under the Assisted Living and Shared

Housing Act.

"Owner" means the owner of a long term care facility as

provided in the Nursing Home Care Act, the owner of a facility

as provided under the Specialized Mental Health Rehabilitation

Act of 2013, the owner of a facility as provided in the ID/DD

Community Care Act, the owner of a facility as provided in the

MC/DD Act, or the owner of an assisted living or shared housing

establishment as provided in the Assisted Living and Shared

Housing Act.

"Person with a disability" means a person who suffers from

a permanent physical or mental impairment, resulting from

disease, injury, functional disorder, or congenital condition,

which renders the person incapable of adequately providing for

his or her own health and personal care.

"Resident" means a person residing in a long term care

facility.

"Willful deprivation" has the meaning ascribed to it in

paragraph (15) of Section 103 of the Illinois Domestic Violence

Act of 1986.

(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15;

revised 10-16-15.)

(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.

(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 from

a federally licensed firearms dealer to a nonresident of

Illinois under which the firearm is mailed to a federally

licensed firearms dealer 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; (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); or (5) the transfer or sale of any rifle,

shotgun, or other long gun to a resident registered

competitor or attendee or non-resident registered

competitor or attendee by any dealer licensed as a federal

firearms dealer under Section 923 of the federal Gun

Control Act of 1968 at competitive shooting events held at

the World Shooting Complex sanctioned by a national

governing body. For purposes of transfers or sales under

subparagraph (5) of this paragraph (g), the Department of

Natural Resources shall give notice to the Department of

State Police at least 30 calendar days prior to any

competitive shooting events at the World Shooting Complex

sanctioned by a national governing body. The notification

shall be made on a form prescribed by the Department of

State Police. The sanctioning body shall provide a list of

all registered competitors and attendees at least 24 hours

before the events to the Department of State Police. Any

changes to the list of registered competitors and attendees

shall be forwarded to the Department of State Police as

soon as practicable. The Department of State Police must

destroy the list of registered competitors and attendees no

later than 30 days after the date of the event. Nothing in

this paragraph (g) relieves a federally licensed firearm

dealer from the requirements of conducting a NICS

background check through the Illinois Point of Contact

under 18 U.S.C. 922(t). For purposes of this paragraph (g),

"application" means when the buyer and seller reach an

agreement to purchase a firearm. For purposes of this

paragraph (g), "national governing body" means a group of

persons who adopt rules and formulate policy on behalf of a

national firearm sporting organization.

(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 either: (1) 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; or (2) a currently valid license to carry a concealed

firearm that has previously been issued in the transferee's

name by the Department of State Police under the Firearm

Concealed Carry 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. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;

99-143, eff. 7-27-15; revised 10-16-15.)

(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)

Sec. 26-1. Disorderly conduct.

(a) A person commits disorderly conduct when he or she

knowingly:

(1) Does any act in such unreasonable manner as to

alarm or disturb another and to provoke a breach of the

peace;

(2) Transmits or causes to be transmitted in any manner

to the fire department of any city, town, village or fire

protection district a false alarm of fire, knowing at the

time of the transmission that there is no reasonable ground

for believing that the fire exists;

(3) Transmits or causes to be transmitted in any manner

to another a false alarm to the effect that a bomb or other

explosive of any nature or a container holding poison gas,

a deadly biological or chemical contaminant, or

radioactive substance is concealed in a place where its

explosion or release would endanger human life, knowing at

the time of the transmission that there is no reasonable

ground for believing that the bomb, explosive or a

container holding poison gas, a deadly biological or

chemical contaminant, or radioactive substance is

concealed in the place;

(3.5) Transmits or causes to be transmitted a threat of

destruction of a school building or school property, or a

threat of violence, death, or bodily harm directed against

persons at a school, school function, or school event,

whether or not school is in session;

(4) Transmits or causes to be transmitted in any manner

to any peace officer, public officer or public employee a

report to the effect that an offense will be committed, is

being committed, or has been committed, knowing at the time

of the transmission that there is no reasonable ground for

believing that the offense will be committed, is being

committed, or has been committed;

(5) Transmits or causes to be transmitted a false

report to any public safety agency without the reasonable

grounds necessary to believe that transmitting the report

is necessary for the safety and welfare of the public; or

(6) Calls the number "911" for the purpose of making or

transmitting a false alarm or complaint and reporting

information when, at the time the call or transmission is

made, the person knows there is no reasonable ground for

making the call or transmission and further knows that the

call or transmission could result in the emergency response

of any public safety agency;

(7) Transmits or causes to be transmitted a false

report to the Department of Children and Family Services

under Section 4 of the "Abused and Neglected Child

Reporting Act";

(8) Transmits or causes to be transmitted a false

report to the Department of Public Health under the Nursing

Home Care Act, the Specialized Mental Health

Rehabilitation Act of 2013, the ID/DD Community Care Act,

or the MC/DD Act;

(9) Transmits or causes to be transmitted in any manner

to the police department or fire department of any

municipality or fire protection district, or any privately

owned and operated ambulance service, a false request for

an ambulance, emergency medical technician-ambulance or

emergency medical technician-paramedic knowing at the time

there is no reasonable ground for believing that the

assistance is required;

(10) Transmits or causes to be transmitted a false

report under Article II of Public Act 83-1432 "An Act in

relation to victims of violence and abuse", approved

September 16, 1984, as amended;

(11) Enters upon the property of another and for a lewd

or unlawful purpose deliberately looks into a dwelling on

the property through any window or other opening in it; or

(12) While acting as a collection agency as defined in

the Collection Agency Act or as an employee of the

collection agency, and while attempting to collect an

alleged debt, makes a telephone call to the alleged debtor

which is designed to harass, annoy or intimidate the

alleged debtor.

(b) Sentence. A violation of subsection (a)(1) of this

Section is a Class C misdemeanor. A violation of subsection

(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A

violation of subsection (a)(8) or (a)(10) of this Section is a

Class B misdemeanor. A violation of subsection (a)(2),

(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is

a Class 4 felony. A violation of subsection (a)(3) of this

Section is a Class 3 felony, for which a fine of not less than

$3,000 and no more than $10,000 shall be assessed in addition

to any other penalty imposed.

A violation of subsection (a)(12) of this Section is a

Business Offense and shall be punished by a fine not to exceed

$3,000. A second or subsequent violation of subsection (a)(7)

or (a)(5) of this Section is a Class 4 felony. A third or

subsequent violation of subsection (a)(11) of this Section is a

Class 4 felony.

(c) In addition to any other sentence that may be imposed,

a court shall order any person convicted of disorderly conduct

to perform community service for not less than 30 and not more

than 120 hours, if community service is available in the

jurisdiction and is funded and approved by the county board of

the county where the offense was committed. In addition,

whenever any person is placed on supervision for an alleged

offense under this Section, the supervision shall be

conditioned upon the performance of the community service.

This subsection does not apply when the court imposes a

sentence of incarceration.

(d) In addition to any other sentence that may be imposed,

the court shall order any person convicted of disorderly

conduct under paragraph (3) of subsection (a) involving a false

alarm of a threat that a bomb or explosive device has been

placed in a school to reimburse the unit of government that

employs the emergency response officer or officers that were

dispatched to the school for the cost of the search for a bomb

or explosive device.

(e) In addition to any other sentence that may be imposed,

the court shall order any person convicted of disorderly

conduct under paragraph (6) of subsection (a) to reimburse the

public agency for the reasonable costs of the emergency

response by the public agency up to $10,000. If the court

determines that the person convicted of disorderly conduct

under paragraph (6) of subsection (a) is indigent, the

provisions of this subsection (e) do not apply.

(f) For the purposes of this Section, "emergency response"

means any condition that results in, or could result in, the

response of a public official in an authorized emergency

vehicle, any condition that jeopardizes or could jeopardize

public safety and results in, or could result in, the

evacuation of any area, building, structure, vehicle, or of any

other place that any person may enter, or any incident

requiring a response by a police officer, a firefighter, a

State Fire Marshal employee, or an ambulance.

(Source: P.A. 98-104, eff. 7-22-13; 99-160, eff. 1-1-16;

99-180, eff. 7-29-15; revised 10-16-15.)

Section 540. The Illinois Controlled Substances Act is

amended by changing Sections 102 and 302 as follows:

(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)

Sec. 102. Definitions. As used in this Act, unless the

context otherwise requires:

(a) "Addict" means any person who habitually uses any drug,

chemical, substance or dangerous drug other than alcohol so as

to endanger the public morals, health, safety or welfare or who

is so far addicted to the use of a dangerous drug or controlled

substance other than alcohol as to have lost the power of self

control with reference to his or her addiction.

(b) "Administer" means the direct application of a

controlled substance, whether by injection, inhalation,

ingestion, or any other means, to the body of a patient,

research subject, or animal (as defined by the Humane

Euthanasia in Animal Shelters Act) by:

(1) a practitioner (or, in his or her presence, by his

or her authorized agent),

(2) the patient or research subject pursuant to an

order, or

(3) a euthanasia technician as defined by the Humane

Euthanasia in Animal Shelters Act.

(c) "Agent" means an authorized person who acts on behalf

of or at the direction of a manufacturer, distributor,

dispenser, prescriber, or practitioner. It does not include a

common or contract carrier, public warehouseman or employee of

the carrier or warehouseman.

(c-1) "Anabolic Steroids" means any drug or hormonal

substance, chemically and pharmacologically related to

testosterone (other than estrogens, progestins,

corticosteroids, and dehydroepiandrosterone), and includes:

(i) 3[beta],17-dihydroxy-5a-androstane,

(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,

(iii) 5[alpha]-androstan-3,17-dione,

(iv) 1-androstenediol (3[beta],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(v) 1-androstenediol (3[alpha],

17[beta]-dihydroxy-5[alpha]-androst-1-ene),

(vi) 4-androstenediol

(3[beta],17[beta]-dihydroxy-androst-4-ene),

(vii) 5-androstenediol

(3[beta],17[beta]-dihydroxy-androst-5-ene),

(viii) 1-androstenedione

([5alpha]-androst-1-en-3,17-dione),

(ix) 4-androstenedione

(androst-4-en-3,17-dione),

(x) 5-androstenedione

(androst-5-en-3,17-dione),

(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xii) boldenone (17[beta]-hydroxyandrost-

1,4,-diene-3-one),

(xiii) boldione (androsta-1,4-

diene-3,17-dione),

(xiv) calusterone (7[beta],17[alpha]-dimethyl-17

[beta]-hydroxyandrost-4-en-3-one),

(xv) clostebol (4-chloro-17[beta]-

hydroxyandrost-4-en-3-one),

(xvi) dehydrochloromethyltestosterone (4-chloro-

17[beta]-hydroxy-17[alpha]-methyl-

androst-1,4-dien-3-one),

(xvii) desoxymethyltestosterone

(17[alpha]-methyl-5[alpha]

-androst-2-en-17[beta]-ol)(a.k.a., madol),

(xviii) [delta]1-dihydrotestosterone (a.k.a.

'1-testosterone') (17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xix) 4-dihydrotestosterone (17[beta]-hydroxy-

androstan-3-one),

(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-

5[alpha]-androstan-3-one),

(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-ene),

(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-

1[beta],17[beta]-dihydroxyandrost-4-en-3-one),

(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],

17[beta]-dihydroxyandrost-1,4-dien-3-one),

(xxiv) furazabol (17[alpha]-methyl-17[beta]-

hydroxyandrostano[2,3-c]-furazan),

(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one)

(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-

androst-4-en-3-one),

(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

dihydroxy-estr-4-en-3-one),

(xxviii) mestanolone (17[alpha]-methyl-17[beta]-

hydroxy-5-androstan-3-one),

(xxix) mesterolone (1amethyl-17[beta]-hydroxy-

[5a]-androstan-3-one),

(xxx) methandienone (17[alpha]-methyl-17[beta]-

hydroxyandrost-1,4-dien-3-one),

(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-5-ene),

(xxxii) methenolone (1-methyl-17[beta]-hydroxy-

5[alpha]-androst-1-en-3-one),

(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-

dihydroxy-5a-androstane),

(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy

-5a-androstane),

(xxxv) 17[alpha]-methyl-3[beta],17[beta]-

dihydroxyandrost-4-ene),

(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-

methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),

(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9(10)-dien-3-one),

(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-

hydroxyestra-4,9-11-trien-3-one),

(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-

hydroxyandrost-4-en-3-one),

(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

hydroxyestr-4-en-3-one),

(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone

(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-

androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-

1-testosterone'),

(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),

(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-

dihydroxyestr-4-ene),

(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-4-ene),

(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-

dihydroxyestr-5-ene),

(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-

dihydroxyestr-5-ene),

(xlvii) 19-nor-4,9(10)-androstadienedione

(estra-4,9(10)-diene-3,17-dione),

(xlviii) 19-nor-4-androstenedione (estr-4-

en-3,17-dione),

(xlix) 19-nor-5-androstenedione (estr-5-

en-3,17-dione),

(l) norbolethone (13[beta], 17a-diethyl-17[beta]-

hydroxygon-4-en-3-one),

(li) norclostebol (4-chloro-17[beta]-

hydroxyestr-4-en-3-one),

(lii) norethandrolone (17[alpha]-ethyl-17[beta]-

hydroxyestr-4-en-3-one),

(liii) normethandrolone (17[alpha]-methyl-17[beta]-

hydroxyestr-4-en-3-one),

(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-

2-oxa-5[alpha]-androstan-3-one),

(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

dihydroxyandrost-4-en-3-one),

(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-

17[beta]-hydroxy-(5[alpha]-androstan-3-one),

(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-

(5[alpha]-androst-2-eno[3,2-c]-pyrazole),

(lviii) stenbolone (17[beta]-hydroxy-2-methyl-

(5[alpha]-androst-1-en-3-one),

(lix) testolactone (13-hydroxy-3-oxo-13,17-

secoandrosta-1,4-dien-17-oic

acid lactone),

(lx) testosterone (17[beta]-hydroxyandrost-

4-en-3-one),

(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-

diethyl-17[beta]-hydroxygon-

4,9,11-trien-3-one),

(lxii) trenbolone (17[beta]-hydroxyestr-4,9,

11-trien-3-one).

Any person who is otherwise lawfully in possession of an

anabolic steroid, or who otherwise lawfully manufactures,

distributes, dispenses, delivers, or possesses with intent to

deliver an anabolic steroid, which anabolic steroid is

expressly intended for and lawfully allowed to be administered

through implants to livestock or other nonhuman species, and

which is approved by the Secretary of Health and Human Services

for such administration, and which the person intends to

administer or have administered through such implants, shall

not be considered to be in unauthorized possession or to

unlawfully manufacture, distribute, dispense, deliver, or

possess with intent to deliver such anabolic steroid for

purposes of this Act.

(d) "Administration" means the Drug Enforcement

Administration, United States Department of Justice, or its

successor agency.

(d-5) "Clinical Director, Prescription Monitoring Program"

means a Department of Human Services administrative employee

licensed to either prescribe or dispense controlled substances

who shall run the clinical aspects of the Department of Human

Services Prescription Monitoring Program and its Prescription

Information Library.

(d-10) "Compounding" means the preparation and mixing of

components, excluding flavorings, (1) as the result of a

prescriber's prescription drug order or initiative based on the

prescriber-patient-pharmacist relationship in the course of

professional practice or (2) for the purpose of, or incident

to, research, teaching, or chemical analysis and not for sale

or dispensing. "Compounding" includes the preparation of drugs

or devices in anticipation of receiving prescription drug

orders based on routine, regularly observed dispensing

patterns. Commercially available products may be compounded

for dispensing to individual patients only if both of the

following conditions are met: (i) the commercial product is not

reasonably available from normal distribution channels in a

timely manner to meet the patient's needs and (ii) the

prescribing practitioner has requested that the drug be

compounded.

(e) "Control" means to add a drug or other substance, or

immediate precursor, to a Schedule whether by transfer from

another Schedule or otherwise.

(f) "Controlled Substance" means (i) a drug, substance,

immediate precursor, or synthetic drug in the Schedules of

Article II of this Act or (ii) a drug or other substance, or

immediate precursor, designated as a controlled substance by

the Department through administrative rule. The term does not

include distilled spirits, wine, malt beverages, or tobacco, as

those terms are defined or used in the Liquor Control Act of

1934 and the Tobacco Products Tax Act of 1995.

(f-5) "Controlled substance analog" means a substance:

(1) the chemical structure of which is substantially

similar to the chemical structure of a controlled substance

in Schedule I or II;

(2) which has a stimulant, depressant, or

hallucinogenic effect on the central nervous system that is

substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central

nervous system of a controlled substance in Schedule I or

II; or

(3) with respect to a particular person, which such

person represents or intends to have a stimulant,

depressant, or hallucinogenic effect on the central

nervous system that is substantially similar to or greater

than the stimulant, depressant, or hallucinogenic effect

on the central nervous system of a controlled substance in

Schedule I or II.

(g) "Counterfeit substance" means a controlled substance,

which, or the container or labeling of which, without

authorization bears the trademark, trade name, or other

identifying mark, imprint, number or device, or any likeness

thereof, of a manufacturer, distributor, or dispenser other

than the person who in fact manufactured, distributed, or

dispensed the substance.

(h) "Deliver" or "delivery" means the actual, constructive

or attempted transfer of possession of a controlled substance,

with or without consideration, whether or not there is an

agency relationship.

(i) "Department" means the Illinois Department of Human

Services (as successor to the Department of Alcoholism and

Substance Abuse) or its successor agency.

(j) (Blank).

(k) "Department of Corrections" means the Department of

Corrections of the State of Illinois or its successor agency.

(l) "Department of Financial and Professional Regulation"

means the Department of Financial and Professional Regulation

of the State of Illinois or its successor agency.

(m) "Depressant" means any drug that (i) causes an overall

depression of central nervous system functions, (ii) causes

impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to alcohol, cannabis and its active principles

and their analogs, benzodiazepines and their analogs,

barbiturates and their analogs, opioids (natural and

synthetic) and their analogs, and chloral hydrate and similar

sedative hypnotics.

(n) (Blank).

(o) "Director" means the Director of the Illinois State

Police or his or her designated agents.

(p) "Dispense" means to deliver a controlled substance to

an ultimate user or research subject by or pursuant to the

lawful order of a prescriber, including the prescribing,

administering, packaging, labeling, or compounding necessary

to prepare the substance for that delivery.

(q) "Dispenser" means a practitioner who dispenses.

(r) "Distribute" means to deliver, other than by

administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.

(t) "Drug" means (1) substances recognized as drugs in the

official United States Pharmacopoeia, Official Homeopathic

Pharmacopoeia of the United States, or official National

Formulary, or any supplement to any of them; (2) substances

intended for use in diagnosis, cure, mitigation, treatment, or

prevention of disease in man or animals; (3) substances (other

than food) intended to affect the structure of any function of

the body of man or animals and (4) substances intended for use

as a component of any article specified in clause (1), (2), or

(3) of this subsection. It does not include devices or their

components, parts, or accessories.

(t-3) "Electronic health record" or "EHR" means an

electronic record of health-related information on an

individual that is created, gathered, managed, and consulted by

authorized health care clinicians and staff.

(t-5) "Euthanasia agency" means an entity certified by the

Department of Financial and Professional Regulation for the

purpose of animal euthanasia that holds an animal control

facility license or animal shelter license under the Animal

Welfare Act. A euthanasia agency is authorized to purchase,

store, possess, and utilize Schedule II nonnarcotic and

Schedule III nonnarcotic drugs for the sole purpose of animal

euthanasia.

(t-10) "Euthanasia drugs" means Schedule II or Schedule III

substances (nonnarcotic controlled substances) that are used

by a euthanasia agency for the purpose of animal euthanasia.

(u) "Good faith" means the prescribing or dispensing of a

controlled substance by a practitioner in the regular course of

professional treatment to or for any person who is under his or

her treatment for a pathology or condition other than that

individual's physical or psychological dependence upon or

addiction to a controlled substance, except as provided herein:

and application of the term to a pharmacist shall mean the

dispensing of a controlled substance pursuant to the

prescriber's order which in the professional judgment of the

pharmacist is lawful. The pharmacist shall be guided by

accepted professional standards including, but not limited to

the following, in making the judgment:

(1) lack of consistency of prescriber-patient

relationship,

(2) frequency of prescriptions for same drug by one

prescriber for large numbers of patients,

(3) quantities beyond those normally prescribed,

(4) unusual dosages (recognizing that there may be

clinical circumstances where more or less than the usual

dose may be used legitimately),

(5) unusual geographic distances between patient,

pharmacist and prescriber,

(6) consistent prescribing of habit-forming drugs.

(u-0.5) "Hallucinogen" means a drug that causes markedly

altered sensory perception leading to hallucinations of any

type.

(u-1) "Home infusion services" means services provided by a

pharmacy in compounding solutions for direct administration to

a patient in a private residence, long-term care facility, or

hospice setting by means of parenteral, intravenous,

intramuscular, subcutaneous, or intraspinal infusion.

(u-5) "Illinois State Police" means the State Police of the

State of Illinois, or its successor agency.

(v) "Immediate precursor" means a substance:

(1) which the Department has found to be and by rule

designated as being a principal compound used, or produced

primarily for use, in the manufacture of a controlled

substance;

(2) which is an immediate chemical intermediary used or

likely to be used in the manufacture of such controlled

substance; and

(3) the control of which is necessary to prevent,

curtail or limit the manufacture of such controlled

substance.

(w) "Instructional activities" means the acts of teaching,

educating or instructing by practitioners using controlled

substances within educational facilities approved by the State

Board of Education or its successor agency.

(x) "Local authorities" means a duly organized State,

County or Municipal peace unit or police force.

(y) "Look-alike substance" means a substance, other than a

controlled substance which (1) by overall dosage unit

appearance, including shape, color, size, markings or lack

thereof, taste, consistency, or any other identifying physical

characteristic of the substance, would lead a reasonable person

to believe that the substance is a controlled substance, or (2)

is expressly or impliedly represented to be a controlled

substance or is distributed under circumstances which would

lead a reasonable person to believe that the substance is a

controlled substance. For the purpose of determining whether

the representations made or the circumstances of the

distribution would lead a reasonable person to believe the

substance to be a controlled substance under this clause (2) of

subsection (y), the court or other authority may consider the

following factors in addition to any other factor that may be

relevant:

(a) statements made by the owner or person in control

of the substance concerning its nature, use or effect;

(b) statements made to the buyer or recipient that the

substance may be resold for profit;

(c) whether the substance is packaged in a manner

normally used for the illegal distribution of controlled

substances;

(d) whether the distribution or attempted distribution

included an exchange of or demand for money or other

property as consideration, and whether the amount of the

consideration was substantially greater than the

reasonable retail market value of the substance.

Clause (1) of this subsection (y) shall not apply to a

noncontrolled substance in its finished dosage form that was

initially introduced into commerce prior to the initial

introduction into commerce of a controlled substance in its

finished dosage form which it may substantially resemble.

Nothing in this subsection (y) prohibits the dispensing or

distributing of noncontrolled substances by persons authorized

to dispense and distribute controlled substances under this

Act, provided that such action would be deemed to be carried

out in good faith under subsection (u) if the substances

involved were controlled substances.

Nothing in this subsection (y) or in this Act prohibits the

manufacture, preparation, propagation, compounding,

processing, packaging, advertising or distribution of a drug or

drugs by any person registered pursuant to Section 510 of the

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).

(y-1) "Mail-order pharmacy" means a pharmacy that is

located in a state of the United States that delivers,

dispenses or distributes, through the United States Postal

Service or other common carrier, to Illinois residents, any

substance which requires a prescription.

(z) "Manufacture" means the production, preparation,

propagation, compounding, conversion or processing of a

controlled substance other than methamphetamine, either

directly or indirectly, by extraction from substances of

natural origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the

substance or labeling of its container, except that this term

does not include:

(1) by an ultimate user, the preparation or compounding

of a controlled substance for his or her own use; or

(2) by a practitioner, or his or her authorized agent

under his or her supervision, the preparation,

compounding, packaging, or labeling of a controlled

substance:

(a) as an incident to his or her administering or

dispensing of a controlled substance in the course of

his or her professional practice; or

(b) as an incident to lawful research, teaching or

chemical analysis and not for sale.

(z-1) (Blank).

(z-5) "Medication shopping" means the conduct prohibited

under subsection (a) of Section 314.5 of this Act.

(z-10) "Mid-level practitioner" means (i) a physician

assistant who has been delegated authority to prescribe through

a written delegation of authority by a physician licensed to

practice medicine in all of its branches, in accordance with

Section 7.5 of the Physician Assistant Practice Act of 1987,

(ii) an advanced practice nurse who has been delegated

authority to prescribe through a written delegation of

authority by a physician licensed to practice medicine in all

of its branches or by a podiatric physician, in accordance with

Section 65-40 of the Nurse Practice Act, (iii) an advanced

practice nurse certified as a nurse practitioner, nurse

midwife, or clinical nurse specialist who has been granted

authority to prescribe by a hospital affiliate in accordance

with Section 65-45 of the Nurse Practice Act, (iv) an animal

euthanasia agency, or (v) a prescribing psychologist.

(aa) "Narcotic drug" means any of the following, whether

produced directly or indirectly by extraction from substances

of vegetable origin, or independently by means of chemical

synthesis, or by a combination of extraction and chemical

synthesis:

(1) opium, opiates, derivatives of opium and opiates,

including their isomers, esters, ethers, salts, and salts

of isomers, esters, and ethers, whenever the existence of

such isomers, esters, ethers, and salts is possible within

the specific chemical designation; however the term

"narcotic drug" does not include the isoquinoline

alkaloids of opium;

(2) (blank);

(3) opium poppy and poppy straw;

(4) coca leaves, except coca leaves and extracts of

coca leaves from which substantially all of the cocaine and

ecgonine, and their isomers, derivatives and salts, have

been removed;

(5) cocaine, its salts, optical and geometric isomers,

and salts of isomers;

(6) ecgonine, its derivatives, their salts, isomers,

and salts of isomers;

(7) any compound, mixture, or preparation which

contains any quantity of any of the substances referred to

in subparagraphs (1) through (6).

(bb) "Nurse" means a registered nurse licensed under the

Nurse Practice Act.

(cc) (Blank).

(dd) "Opiate" means any substance having an addiction

forming or addiction sustaining liability similar to morphine

or being capable of conversion into a drug having addiction

forming or addiction sustaining liability.

(ee) "Opium poppy" means the plant of the species Papaver

somniferum L., except its seeds.

(ee-5) "Oral dosage" means a tablet, capsule, elixir, or

solution or other liquid form of medication intended for

administration by mouth, but the term does not include a form

of medication intended for buccal, sublingual, or transmucosal

administration.

(ff) "Parole and Pardon Board" means the Parole and Pardon

Board of the State of Illinois or its successor agency.

(gg) "Person" means any individual, corporation,

mail-order pharmacy, government or governmental subdivision or

agency, business trust, estate, trust, partnership or

association, or any other entity.

(hh) "Pharmacist" means any person who holds a license or

certificate of registration as a registered pharmacist, a local

registered pharmacist or a registered assistant pharmacist

under the Pharmacy Practice Act.

(ii) "Pharmacy" means any store, ship or other place in

which pharmacy is authorized to be practiced under the Pharmacy

Practice Act.

(ii-5) "Pharmacy shopping" means the conduct prohibited

under subsection (b) of Section 314.5 of this Act.

(ii-10) "Physician" (except when the context otherwise

requires) means a person licensed to practice medicine in all

of its branches.

(jj) "Poppy straw" means all parts, except the seeds, of

the opium poppy, after mowing.

(kk) "Practitioner" means a physician licensed to practice

medicine in all its branches, dentist, optometrist, podiatric

physician, veterinarian, scientific investigator, pharmacist,

physician assistant, advanced practice nurse, licensed

practical nurse, registered nurse, hospital, laboratory, or

pharmacy, or other person licensed, registered, or otherwise

lawfully permitted by the United States or this State to

distribute, dispense, conduct research with respect to,

administer or use in teaching or chemical analysis, a

controlled substance in the course of professional practice or

research.

(ll) "Pre-printed prescription" means a written

prescription upon which the designated drug has been indicated

prior to the time of issuance; the term does not mean a written

prescription that is individually generated by machine or

computer in the prescriber's office.

(mm) "Prescriber" means a physician licensed to practice

medicine in all its branches, dentist, optometrist,

prescribing psychologist licensed under Section 4.2 of the

Clinical Psychologist Licensing Act with prescriptive

authority delegated under Section 4.3 of the Clinical

Psychologist Licensing Act, podiatric physician, or

veterinarian who issues a prescription, a physician assistant

who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written supervision agreement required under Section 7.5 of the

Physician Assistant Practice Act of 1987, an advanced practice

nurse with prescriptive authority delegated under Section

65-40 of the Nurse Practice Act and in accordance with Section

303.05, a written delegation, and a written collaborative

agreement under Section 65-35 of the Nurse Practice Act, or an

advanced practice nurse certified as a nurse practitioner,

nurse midwife, or clinical nurse specialist who has been

granted authority to prescribe by a hospital affiliate in

accordance with Section 65-45 of the Nurse Practice Act and in

accordance with Section 303.05.

(nn) "Prescription" means a written, facsimile, or oral

order, or an electronic order that complies with applicable

federal requirements, of a physician licensed to practice

medicine in all its branches, dentist, podiatric physician or

veterinarian for any controlled substance, of an optometrist in

accordance with Section 15.1 of the Illinois Optometric

Practice Act of 1987, of a prescribing psychologist licensed

under Section 4.2 of the Clinical Psychologist Licensing Act

with prescriptive authority delegated under Section 4.3 of the

Clinical Psychologist Licensing Act, of a physician assistant

for a controlled substance in accordance with Section 303.05, a

written delegation, and a written supervision agreement

required under Section 7.5 of the Physician Assistant Practice

Act of 1987, of an advanced practice nurse with prescriptive

authority delegated under Section 65-40 of the Nurse Practice

Act who issues a prescription for a controlled substance in

accordance with Section 303.05, a written delegation, and a

written collaborative agreement under Section 65-35 of the

Nurse Practice Act, or of an advanced practice nurse certified

as a nurse practitioner, nurse midwife, or clinical nurse

specialist who has been granted authority to prescribe by a

hospital affiliate in accordance with Section 65-45 of the

Nurse Practice Act and in accordance with Section 303.05 when

required by law.

(nn-5) "Prescription Information Library" (PIL) means an

electronic library that contains reported controlled substance

data.

(nn-10) "Prescription Monitoring Program" (PMP) means the

entity that collects, tracks, and stores reported data on

controlled substances and select drugs pursuant to Section 316.

(oo) "Production" or "produce" means manufacture,

planting, cultivating, growing, or harvesting of a controlled

substance other than methamphetamine.

(pp) "Registrant" means every person who is required to

register under Section 302 of this Act.

(qq) "Registry number" means the number assigned to each

person authorized to handle controlled substances under the

laws of the United States and of this State.

(qq-5) "Secretary" means, as the context requires, either

the Secretary of the Department or the Secretary of the

Department of Financial and Professional Regulation, and the

Secretary's designated agents.

(rr) "State" includes the State of Illinois and any state,

district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United

States of America.

(rr-5) "Stimulant" means any drug that (i) causes an

overall excitation of central nervous system functions, (ii)

causes impaired consciousness and awareness, and (iii) can be

habit-forming or lead to a substance abuse problem, including

but not limited to amphetamines and their analogs,

methylphenidate and its analogs, cocaine, and phencyclidine

and its analogs.

(ss) "Ultimate user" means a person who lawfully possesses

a controlled substance for his or her own use or for the use of

a member of his or her household or for administering to an

animal owned by him or her or by a member of his or her

household.

(Source: P.A. 98-214, eff. 8-9-13; 98-668, eff. 6-25-14;

98-756, eff. 7-16-14; 98-1111, eff. 8-26-14; 99-78, eff.

7-20-15; 99-173, eff. 7-29-15; 99-371, eff. 1-1-16; 99-480,

eff. 9-9-15; revised 10-19-15.)

(720 ILCS 570/302) (from Ch. 56 1/2, par. 1302)

Sec. 302. (a) Every person who manufactures, distributes,

or dispenses any controlled substances; engages in chemical

analysis, research, or instructional activities which utilize

controlled substances; purchases, stores, or administers

euthanasia drugs, within this State; provides canine odor

detection services; proposes to engage in the manufacture,

distribution, or dispensing of any controlled substance;

proposes to engage in chemical analysis, research, or

instructional activities which utilize controlled substances;

proposes to engage in purchasing, storing, or administering

euthanasia drugs; or proposes to provide canine odor detection

services within this State, must obtain a registration issued

by the Department of Financial and Professional Regulation in

accordance with its rules. The rules shall include, but not be

limited to, setting the expiration date and renewal period for

each registration under this Act. The Department, any facility

or service licensed by the Department, and any veterinary

hospital or clinic operated by a veterinarian or veterinarians

licensed under the Veterinary Medicine and Surgery Practice Act

of 2004 or maintained by a State-supported or publicly funded

university or college shall be exempt from the regulation

requirements of this Section; however, such exemption shall not

operate to bar the University of Illinois from requesting, nor

the Department of Financial and Professional Regulation from

issuing, a registration to the University of Illinois

Veterinary Teaching Hospital under this Act. Neither a request

for such registration nor the issuance of such registration to

the University of Illinois shall operate to otherwise waive or

modify the exemption provided in this subsection (a).

(b) Persons registered by the Department of Financial and

Professional Regulation under this Act to manufacture,

distribute, or dispense controlled substances, engage in

chemical analysis, research, or instructional activities which

utilize controlled substances, purchase, store, or administer

euthanasia drugs, or provide canine odor detection services,

may possess, manufacture, distribute, engage in chemical

analysis, research, or instructional activities which utilize

controlled substances, dispense those substances, or purchase,

store, or administer euthanasia drugs, or provide canine odor

detection services to the extent authorized by their

registration and in conformity with the other provisions of

this Article.

(c) The following persons need not register and may

lawfully possess controlled substances under this Act:

(1) an agent or employee of any registered

manufacturer, distributor, or dispenser of any controlled

substance if he or she is acting in the usual course of his

or her employer's lawful business or employment;

(2) a common or contract carrier or warehouseman, or an

agent or employee thereof, whose possession of any

controlled substance is in the usual lawful course of such

business or employment;

(3) an ultimate user or a person in possession of a

controlled substance prescribed for the ultimate user

under a lawful prescription of a practitioner, including an

advanced practice nurse, practical nurse, or registered

nurse licensed under the Nurse Practice Act, or a physician

assistant licensed under the Physician Assistant Practice

Act of 1987, who provides hospice services to a hospice

patient or who provides home health services to a person,

or a person in possession of any controlled substance

pursuant to a lawful prescription of a practitioner or in

lawful possession of a Schedule V substance. In this

Section, "home health services" has the meaning ascribed to

it in the Home Health, Home Services, and Home Nursing

Agency Licensing Act; and "hospice patient" and "hospice

services" have the meanings ascribed to them in the Hospice

Program Licensing Act;

(4) officers and employees of this State or of the

United States while acting in the lawful course of their

official duties which requires possession of controlled

substances;

(5) a registered pharmacist who is employed in, or the

owner of, a pharmacy licensed under this Act and the

Federal Controlled Substances Act, at the licensed

location, or if he or she is acting in the usual course of

his or her lawful profession, business, or employment;

(6) a holder of a temporary license issued under

Section 17 of the Medical Practice Act of 1987 practicing

within the scope of that license and in compliance with the

rules adopted under this Act. In addition to possessing

controlled substances, a temporary license holder may

order, administer, and prescribe controlled substances

when acting within the scope of his or her license and in

compliance with the rules adopted under this Act.

(d) A separate registration is required at each place of

business or professional practice where the applicant

manufactures, distributes, or dispenses controlled substances,

or purchases, stores, or administers euthanasia drugs. Persons

are required to obtain a separate registration for each place

of business or professional practice where controlled

substances are located or stored. A separate registration is

not required for every location at which a controlled substance

may be prescribed.

(e) The Department of Financial and Professional

Regulation or the Illinois State Police may inspect the

controlled premises, as defined in Section 502 of this Act, of

a registrant or applicant for registration in accordance with

this Act and the rules promulgated hereunder and with regard to

persons licensed by the Department, in accordance with

subsection (bb) of Section 30-5 of the Alcoholism and Other

Drug Abuse and Dependency Act and the rules and regulations

promulgated thereunder.

(Source: P.A. 99-163, eff. 1-1-16; 99-247, eff. 8-3-15; revised

10-16-15.)

Section 545. The Code of Criminal Procedure of 1963 is

amended by changing Sections 111-8 and 115-17b as follows:

(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)

Sec. 111-8. Orders of protection to prohibit domestic

violence.

(a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,

10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,

11-1.60, 11-14.3 that involves soliciting for a prostitute,

11-14.4 that involves soliciting for a juvenile prostitute,

11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,

12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,

12-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,

12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1,

21-2, 21-3, or 26.5-2 of the Criminal Code of 1961 or the

Criminal Code of 2012 or Section 1-1 of the Harassing and

Obscene Communications Act is alleged in an information,

complaint or indictment on file, and the alleged offender and

victim are family or household members, as defined in the

Illinois Domestic Violence Act of 1986, as now or hereafter

amended, the People through the respective State's Attorneys

may by separate petition and upon notice to the defendant,

except as provided in subsection (c) herein, request the court

to issue an order of protection.

(b) In addition to any other remedies specified in Section

208 of the Illinois Domestic Violence Act of 1986, as now or

hereafter amended, the order may direct the defendant to

initiate no contact with the alleged victim or victims who are

family or household members and to refrain from entering the

residence, school or place of business of the alleged victim or

victims.

(c) The court may grant emergency relief without notice

upon a showing of immediate and present danger of abuse to the

victim or minor children of the victim and may enter a

temporary order pending notice and full hearing on the matter.

(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;

P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108,

eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

revised 10-20-15.)

(725 ILCS 5/115-17b)

Sec. 115-17b. Administrative subpoenas.

(a) Definitions. As used in this Section:

"Electronic communication services" and "remote

computing services" have the same meaning as provided in

the Electronic Communications Privacy Act in Chapter 121

(commencing with Section 2701) of Part I of Title 18 of the

United States Code Annotated.

"Offense involving the sexual exploitation of

children" means an offense under Section 11-1.20, 11-1.30,

11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1,

11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2,

11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26,

12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code

of 1961 or the Criminal Code of 2012 or any attempt to

commit any of these offenses when the victim is under 18

years of age.

(b) Subpoenas duces tecum. In any criminal investigation of

an offense involving the sexual exploitation of children, the

Attorney General, or his or her designee, or a State's

Attorney, or his or her designee, may issue in writing and

cause to be served subpoenas duces tecum to providers of

electronic communication services or remote computing services

requiring the production of records relevant to the

investigation. Any such request for records shall not extend

beyond requiring the provider to disclose the information

specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum

issued under this Section shall be made returnable to the Chief

Judge of the Circuit Court for the Circuit in which the State's

Attorney resides, or his or her designee, or for subpoenas

issued by the Attorney General, the subpoena shall be made

returnable to the Chief Judge of the Circuit Court for the

Circuit to which the investigation pertains, or his or her

designee, to determine whether the documents are privileged and

whether the subpoena is unreasonable or oppressive.

(c) Contents of subpoena. A subpoena under this Section

shall describe the records or other things required to be

produced and prescribe a return date within a reasonable period

of time within which the objects or records can be assembled

and made available.

(c-5) Contemporaneous notice to Chief Judge. Whenever a

subpoena is issued under this Section, the Attorney General or

his or her designee or the State's Attorney or his or of her

designee shall be required to provide a copy of the subpoena to

the Chief Judge of the county in which the subpoena is

returnable.

(d) Modifying or quashing subpoena. At any time before the

return date specified in the subpoena, the person or entity to

whom the subpoena is directed may petition for an order

modifying or quashing the subpoena on the grounds that the

subpoena is oppressive or unreasonable or that the subpoena

seeks privileged documents or records.

(e) Ex parte order. An Illinois circuit court for the

circuit in which the subpoena is or will be issued, upon

application of the Attorney General, or his or her designee, or

State's Attorney, or his or her designee, may issue an ex parte

order that no person or entity disclose to any other person or

entity (other than persons necessary to comply with the

subpoena) the existence of such subpoena for a period of up to

90 days.

(1) Such order may be issued upon a showing that the

things being sought may be relevant to the investigation

and there is reason to believe that such disclosure may

result in:

(A) endangerment to the life or physical safety of

any person;

(B) flight to avoid prosecution;

(C) destruction of or tampering with evidence;

(D) intimidation of potential witnesses; or

(E) otherwise seriously jeopardizing an

investigation or unduly delaying a trial.

(2) An order under this Section may be renewed for

additional periods of up to 90 days upon a showing that the

circumstances described in paragraph (1) of this

subsection (e) continue to exist.

(f) Enforcement. A witness who is duly subpoenaed who

neglects or refuses to comply with the subpoena shall be

proceeded against and punished for contempt of the court. A

subpoena duces tecum issued under this Section may be enforced

pursuant to the Uniform Act to Secure the Attendance of

Witnesses from Within or Without a State in Criminal

Proceedings.

(g) Immunity from civil liability. Notwithstanding any

federal, State, or local law, any person, including officers,

agents, and employees, receiving a subpoena under this Section,

who complies in good faith with the subpoena and thus produces

the materials sought, shall not be liable in any court of

Illinois to any customer or other person for such production or

for nondisclosure of that production to the customer.

(Source: P.A. 97-475, eff. 8-22-11; 97-1150, eff. 1-25-13;

revised 10-16-15.)

Section 550. 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 shall have the following

meanings:

(a) "Crime victim" or "victim" means: (1) any natural

person determined by the prosecutor or the court to have

suffered direct physical or psychological harm as a result of a

violent crime perpetrated or attempted against that person or

direct physical or psychological harm as a result of (i) a

violation of Section 11-501 of the Illinois Vehicle Code or

similar provision of a local ordinance or (ii) a violation of

Section 9-3 of the Criminal Code of 1961 or the Criminal Code

of 2012; (2) in the case of a crime victim who is under 18 years

of age or an adult victim who is incompetent or incapacitated,

both parents, legal guardians, foster parents, or a single

adult representative; (3) in the case of an adult deceased

victim, 2 representatives who may be the spouse, parent, child

or sibling of the victim, or the representative of the victim's

estate; and (4) an immediate family member of a victim under

clause (1) of this paragraph (a) chosen by the victim. If the

victim is 18 years of age or over, the victim may choose any

person to be the victim's representative. In no event shall the

defendant or any person who aided and abetted in the commission

of the crime be considered a victim, a crime victim, or a

representative of the victim.

A board, agency, or other governmental entity making

decisions regarding an offender's release, sentence reduction,

or clemency can determine additional persons are victims for

the purpose of its proceedings. person with a disability

(a-3) "Advocate" means a person whose communications with

the victim are privileged under Section 8-802.1 or 8-802.2 of

the Code of Civil Procedure, or Section 227 of the Illinois

Domestic Violence Act of 1986.

(a-5) "Confer" means to consult together, share

information, compare opinions and carry on a discussion or

deliberation.

(a-7) "Sentence" includes, but is not limited to, the

imposition of sentence, a request for a reduction in sentence,

parole, mandatory supervised release, aftercare release, early

release, clemency, or a proposal that would reduce the

defendant's sentence or result in the defendant's release.

"Early release" refers to a discretionary release.

(a-9) "Sentencing" includes, but is not limited to, the

imposition of sentence and a request for a reduction in

sentence, parole, mandatory supervised release, aftercare

release, or early release.

(b) "Witness" means any person who personally observed the

commission of a crime and who will testify on behalf of the

State of Illinois.

(c) "Violent crime Crime" means: (1) any felony in which

force or threat of force was used against the victim; (2) any

offense involving sexual exploitation, sexual conduct, or

sexual penetration; (3) a violation of Section 11-20.1,

11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or

the Criminal Code of 2012; (4) domestic battery or , stalking;

(5) violation of an order of protection, a civil no contact

order, or a stalking no contact order; (6) any misdemeanor

which results in death or great bodily harm to the victim; or

(7) 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. "Violent

crime" 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) (Blank).

(e) "Court proceedings" includes, but is not limited to,

the preliminary hearing, any post-arraignment hearing the

effect of which may be the release of the defendant from

custody or to alter the conditions of bond, change of plea

hearing, the trial, any pretrial or post-trial hearing,

sentencing, any oral argument or hearing before an Illinois

appellate court, any hearing under the Mental Health and

Developmental Disabilities Code after a finding that the

defendant is not guilty by reason of insanity, any hearing

related to a modification of sentence, probation revocation

hearing, aftercare release or parole hearings, post-conviction

relief proceedings, habeas corpus proceedings and clemency

proceedings related to the defendant's conviction or sentence.

For purposes of the victim's right to be present, "court

proceedings" does not include (1) hearings under Section 109-1

of the Code of Criminal Procedure of 1963, (2) grand jury

proceedings, (3) status hearings, or (4) the issuance of an

order or decision of an Illinois court that dismisses a charge,

reverses a conviction, reduces a sentence, or releases an

offender under a court rule.

(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.

(g) "Victim's attorney" means an attorney retained by the

victim for the purposes of asserting the victim's

constitutional and statutory rights. An attorney retained by

the victim means an attorney who is hired to represent the

victim at the victim's expense or an attorney who has agreed to

provide pro bono representation. Nothing in this statute

creates a right to counsel at public expense for a victim.

(Source: P.A. 98-558, eff. 1-1-14; 99-143, eff. 7-27-15;

99-413, eff. 8-20-15; revised 10-19-15.)

Section 555. The Witness Protection Act is amended by

changing Section 2 as follows:

(725 ILCS 245/2) (from Ch. 38, par. 155-22)

Sec. 2. The Illinois Law Enforcement Commission with

respect to federal grant moneys received by such Commission

prior to January 1, 1983, may make grants prior to April 1,

1983 to the several State's Attorneys states attorneys of the

State of Illinois. Such grants may be made to any State's

Attorney states attorney who applies for funds to provide for

protection of witnesses and the families and property of

witnesses involved in criminal investigations and

prosecutions.

(Source: P.A. 82-1039; revised 10-16-15.)

Section 560. The Unified Code of Corrections is amended by

changing Sections 3-6-3, 5-4-3b, 5-5-3.1, 5-5-3.2, 5-5.5-5,

and 5-6-3.1 as follows:

(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

Sec. 3-6-3. Rules and Regulations for Sentence Credit.

(a) (1) The Department of Corrections shall prescribe

rules and regulations for awarding and revoking sentence

credit for persons committed to the Department which shall

be subject to review by the Prisoner Review Board.

(1.5) As otherwise provided by law, sentence credit may

be awarded for the following:

(A) successful completion of programming while in

custody of the Department or while in custody prior to

sentencing;

(B) compliance with the rules and regulations of

the Department; or

(C) service to the institution, service to a

community, or service to the State.

(2) The rules and regulations on sentence credit shall

provide, with respect to offenses listed in clause (i),

(ii), or (iii) of this paragraph (2) committed on or after

June 19, 1998 or with respect to the offense listed in

clause (iv) of this paragraph (2) committed on or after

June 23, 2005 (the effective date of Public Act 94-71) or

with respect to offense listed in clause (vi) committed on

or after June 1, 2008 (the effective date of Public Act

95-625) or with respect to the offense of being an armed

habitual criminal committed on or after August 2, 2005 (the

effective date of Public Act 94-398) or with respect to the

offenses listed in clause (v) of this paragraph (2)

committed on or after August 13, 2007 (the effective date

of Public Act 95-134) or with respect to the offense of

aggravated domestic battery committed on or after July 23,

2010 (the effective date of Public Act 96-1224) or with

respect to the offense of attempt to commit terrorism

committed on or after January 1, 2013 (the effective date

of Public Act 97-990), the following:

(i) that a prisoner who is serving a term of

imprisonment for first degree murder or for the offense

of terrorism shall receive no sentence credit and shall

serve the entire sentence imposed by the court;

(ii) that a prisoner serving a sentence for attempt

to commit terrorism, attempt to commit first degree

murder, solicitation of murder, solicitation of murder

for hire, intentional homicide of an unborn child,

predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual

assault, aggravated kidnapping, 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, heinous battery as described in

Section 12-4.1 or subdivision (a)(2) of Section

12-3.05, being an armed habitual criminal, aggravated

battery of a senior citizen as described in Section

12-4.6 or subdivision (a)(4) of Section 12-3.05, or

aggravated battery of a child as described in Section

12-4.3 or subdivision (b)(1) of Section 12-3.05 shall

receive no more than 4.5 days of sentence credit for

each month of his or her sentence of imprisonment;

(iii) that a prisoner serving a sentence for home

invasion, armed robbery, aggravated vehicular

hijacking, aggravated discharge of a firearm, or armed

violence with a category I weapon or category II

weapon, when the court has made and entered a finding,

pursuant to subsection (c-1) of Section 5-4-1 of this

Code, that the conduct leading to conviction for the

enumerated offense resulted in great bodily harm to a

victim, shall receive no more than 4.5 days of sentence

credit for each month of his or her sentence of

imprisonment;

(iv) that a prisoner serving a sentence for

aggravated discharge of a firearm, whether or not the

conduct leading to conviction for the offense resulted

in great bodily harm to the victim, shall receive no

more than 4.5 days of sentence credit for each month of

his or her sentence of imprisonment;

(v) that a person serving a sentence for

gunrunning, narcotics racketeering, controlled

substance trafficking, methamphetamine trafficking,

drug-induced homicide, aggravated

methamphetamine-related child endangerment, money

laundering pursuant to clause (c) (4) or (5) of Section

29B-1 of the Criminal Code of 1961 or the Criminal Code

of 2012, or a Class X felony conviction for delivery of

a controlled substance, possession of a controlled

substance with intent to manufacture or deliver,

calculated criminal drug conspiracy, criminal drug

conspiracy, street gang criminal drug conspiracy,

participation in methamphetamine manufacturing,

aggravated participation in methamphetamine

manufacturing, delivery of methamphetamine, possession

with intent to deliver methamphetamine, aggravated

delivery of methamphetamine, aggravated possession

with intent to deliver methamphetamine,

methamphetamine conspiracy when the substance

containing the controlled substance or methamphetamine

is 100 grams or more shall receive no more than 7.5

days sentence credit for each month of his or her

sentence of imprisonment;

(vi) that a prisoner serving a sentence for a

second or subsequent offense of luring a minor shall

receive no more than 4.5 days of sentence credit for

each month of his or her sentence of imprisonment; and

(vii) that a prisoner serving a sentence for

aggravated domestic battery shall receive no more than

4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(2.1) For all offenses, other than those enumerated in

subdivision (a)(2)(i), (ii), or (iii) committed on or after

June 19, 1998 or subdivision (a)(2)(iv) committed on or

after June 23, 2005 (the effective date of Public Act

94-71) or subdivision (a)(2)(v) committed on or after

August 13, 2007 (the effective date of Public Act 95-134)

or subdivision (a)(2)(vi) committed on or after June 1,

2008 (the effective date of Public Act 95-625) or

subdivision (a)(2)(vii) committed on or after July 23, 2010

(the effective date of Public Act 96-1224), and other than

the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code, and other than

the offense of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds, or any combination thereof as defined in

subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), the rules and regulations shall provide that a

prisoner who is serving a term of imprisonment shall

receive one day of sentence credit for each day of his or

her sentence of imprisonment or recommitment under Section

3-3-9. Each day of sentence credit shall reduce by one day

the prisoner's period of imprisonment or recommitment

under Section 3-3-9.

(2.2) A prisoner serving a term of natural life

imprisonment or a prisoner who has been sentenced to death

shall receive no sentence credit.

(2.3) The rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or

any combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, shall receive no more than 4.5 days

of sentence credit for each month of his or her sentence of

imprisonment.

(2.4) The rules and regulations on sentence credit

shall provide with respect to the offenses of aggravated

battery with a machine gun or a firearm equipped with any

device or attachment designed or used for silencing the

report of a firearm or aggravated discharge of a machine

gun or a firearm equipped with any device or attachment

designed or used for silencing the report of a firearm,

committed on or after July 15, 1999 (the effective date of

Public Act 91-121), that a prisoner serving a sentence for

any of these offenses shall receive no more than 4.5 days

of sentence credit for each month of his or her sentence of

imprisonment.

(2.5) The rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated arson committed on or after July 27, 2001 (the

effective date of Public Act 92-176) shall receive no more

than 4.5 days of sentence credit for each month of his or

her sentence of imprisonment.

(2.6) The rules and regulations on sentence credit

shall provide that a prisoner who is serving a sentence for

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds or any

combination thereof as defined in subparagraph (C) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code committed on or after January 1, 2011

(the effective date of Public Act 96-1230) shall receive no

more than 4.5 days of sentence credit for each month of his

or her sentence of imprisonment.

(3) The rules and regulations shall also provide that

the Director may award up to 180 days additional sentence

credit for good conduct in specific instances as the

Director deems proper. The good conduct may include, but is

not limited to, compliance with the rules and regulations

of the Department, service to the Department, service to a

community, or service to the State. However, the Director

shall not award more than 90 days of sentence credit for

good conduct to any prisoner who is serving a sentence for

conviction of first degree murder, reckless homicide while

under the influence of alcohol or any other drug, or

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or

any combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, aggravated kidnapping, kidnapping,

predatory criminal sexual assault of a child, aggravated

criminal sexual assault, criminal sexual assault, deviate

sexual assault, aggravated criminal sexual abuse,

aggravated indecent liberties with a child, indecent

liberties with a child, child pornography, heinous battery

as described in Section 12-4.1 or subdivision (a)(2) of

Section 12-3.05, aggravated battery of a spouse,

aggravated battery of a spouse with a firearm, stalking,

aggravated stalking, aggravated battery of a child as

described in Section 12-4.3 or subdivision (b)(1) of

Section 12-3.05, endangering the life or health of a child,

or cruelty to a child. Notwithstanding the foregoing,

sentence credit for good conduct shall not be awarded on a

sentence of imprisonment imposed for conviction of: (i) one

of the offenses enumerated in subdivision (a)(2)(i), (ii),

or (iii) when the offense is committed on or after June 19,

1998 or subdivision (a)(2)(iv) when the offense is

committed on or after June 23, 2005 (the effective date of

Public Act 94-71) or subdivision (a)(2)(v) when the offense

is committed on or after August 13, 2007 (the effective

date of Public Act 95-134) or subdivision (a)(2)(vi) when

the offense is committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or subdivision

(a)(2)(vii) when the offense is committed on or after July

23, 2010 (the effective date of Public Act 96-1224), (ii)

aggravated driving under the influence of alcohol, other

drug or drugs, or intoxicating compound or compounds, or

any combination thereof as defined in subparagraph (F) of

paragraph (1) of subsection (d) of Section 11-501 of the

Illinois Vehicle Code, (iii) one of the offenses enumerated

in subdivision (a)(2.4) when the offense is committed on or

after July 15, 1999 (the effective date of Public Act

91-121), (iv) aggravated arson when the offense is

committed on or after July 27, 2001 (the effective date of

Public Act 92-176), (v) offenses that may subject the

offender to commitment under the Sexually Violent Persons

Commitment Act, or (vi) aggravated driving under the

influence of alcohol, other drug or drugs, or intoxicating

compound or compounds or any combination thereof as defined

in subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230).

Eligible inmates for an award of sentence credit under this

paragraph (3) may be selected to receive the credit at the

Director's or his or her designee's sole discretion.

Consideration may be based on, but not limited to, any

available risk assessment analysis on the inmate, any history

of conviction for violent crimes as defined by the Rights of

Crime Victims and Witnesses Act, facts and circumstances of the

inmate's holding offense or offenses, and the potential for

rehabilitation.

The Director shall not award sentence credit under this

paragraph (3) to an inmate unless the inmate has served a

minimum of 60 days of the sentence; except nothing in this

paragraph shall be construed to permit the Director to extend

an inmate's sentence beyond that which was imposed by the

court. Prior to awarding credit under this paragraph (3), the

Director shall make a written determination that the inmate:

(A) is eligible for the sentence credit;

(B) has served a minimum of 60 days, or as close to

60 days as the sentence will allow; and

(C) has met the eligibility criteria established

by rule.

The Director shall determine the form and content of

the written determination required in this subsection.

(3.5) The Department shall provide annual written

reports to the Governor and the General Assembly on the

award of sentence credit for good conduct, with the first

report due January 1, 2014. The Department must publish

both reports on its website within 48 hours of transmitting

the reports to the Governor and the General Assembly. The

reports must include:

(A) the number of inmates awarded sentence credit

for good conduct;

(B) the average amount of sentence credit for good

conduct awarded;

(C) the holding offenses of inmates awarded

sentence credit for good conduct; and

(D) the number of sentence credit for good conduct

revocations.

(4) The rules and regulations shall also provide that

the sentence credit accumulated and retained under

paragraph (2.1) of subsection (a) of this Section by any

inmate during specific periods of time in which such inmate

is engaged full-time in substance abuse programs,

correctional industry assignments, educational programs,

behavior modification programs, life skills courses, or

re-entry planning provided by the Department under this

paragraph (4) and satisfactorily completes the assigned

program as determined by the standards of the Department,

shall be multiplied by a factor of 1.25 for program

participation before August 11, 1993 and 1.50 for program

participation on or after that date. The rules and

regulations shall also provide that sentence credit,

subject to the same offense limits and multiplier provided

in this paragraph, may be provided to an inmate who was

held in pre-trial detention prior to his or her current

commitment to the Department of Corrections and

successfully completed a full-time, 60-day or longer

substance abuse program, educational program, behavior

modification program, life skills course, or re-entry

planning provided by the county department of corrections

or county jail. Calculation of this county program credit

shall be done at sentencing as provided in Section

5-4.5-100 of this Code and shall be included in the

sentencing order. However, no inmate shall be eligible for

the additional sentence credit under this paragraph (4) or

(4.1) of this subsection (a) while assigned to a boot camp

or electronic detention, or if convicted of an offense

enumerated in subdivision (a)(2)(i), (ii), or (iii) of this

Section that is committed on or after June 19, 1998 or

subdivision (a)(2)(iv) of this Section that is committed on

or after June 23, 2005 (the effective date of Public Act

94-71) or subdivision (a)(2)(v) of this Section that is

committed on or after August 13, 2007 (the effective date

of Public Act 95-134) or subdivision (a)(2)(vi) when the

offense is committed on or after June 1, 2008 (the

effective date of Public Act 95-625) or subdivision

(a)(2)(vii) when the offense is committed on or after July

23, 2010 (the effective date of Public Act 96-1224), or if

convicted of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds or any combination thereof as defined in

subparagraph (F) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code, or if

convicted of aggravated driving under the influence of

alcohol, other drug or drugs, or intoxicating compound or

compounds or any combination thereof as defined in

subparagraph (C) of paragraph (1) of subsection (d) of

Section 11-501 of the Illinois Vehicle Code committed on or

after January 1, 2011 (the effective date of Public Act

96-1230), or if convicted of an offense enumerated in

paragraph (a)(2.4) of this Section that is committed on or

after July 15, 1999 (the effective date of Public Act

91-121), or first degree murder, a Class X felony, criminal

sexual assault, felony criminal sexual abuse, aggravated

criminal sexual abuse, 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, or any predecessor or

successor offenses with the same or substantially the same

elements, or any inchoate offenses relating to the

foregoing offenses. No inmate shall be eligible for the

additional good conduct credit under this paragraph (4) who

(i) has previously received increased good conduct credit

under this paragraph (4) and has subsequently been

convicted of a felony, or (ii) has previously served more

than one prior sentence of imprisonment for a felony in an

adult correctional facility.

Educational, vocational, substance abuse, behavior

modification programs, life skills courses, re-entry

planning, and correctional industry programs under which

sentence credit may be increased under this paragraph (4)

and paragraph (4.1) of this subsection (a) shall be

evaluated by the Department on the basis of documented

standards. The Department shall report the results of these

evaluations to the Governor and the General Assembly by

September 30th of each year. The reports shall include data

relating to the recidivism rate among program

participants.

Availability of these programs shall be subject to the

limits of fiscal resources appropriated by the General

Assembly for these purposes. Eligible inmates who are

denied immediate admission shall be placed on a waiting

list under criteria established by the Department. The

inability of any inmate to become engaged in any such

programs by reason of insufficient program resources or for

any other reason established under the rules and

regulations of the Department shall not be deemed a cause

of action under which the Department or any employee or

agent of the Department shall be liable for damages to the

inmate.

(4.1) The rules and regulations shall also provide that

an additional 90 days of sentence credit shall be awarded

to any prisoner who passes high school equivalency testing

while the prisoner is committed to the Department of

Corrections. The sentence credit awarded under this

paragraph (4.1) shall be in addition to, and shall not

affect, the award of sentence credit under any other

paragraph of this Section, but shall also be pursuant to

the guidelines and restrictions set forth in paragraph (4)

of subsection (a) of this Section. The sentence credit

provided for in this paragraph shall be available only to

those prisoners who have not previously earned a high

school diploma or a high school equivalency certificate.

If, after an award of the high school equivalency testing

sentence credit has been made, the Department determines

that the prisoner was not eligible, then the award shall be

revoked. The Department may also award 90 days of sentence

credit to any committed person who passed high school

equivalency testing while he or she was held in pre-trial

detention prior to the current commitment to the Department

of Corrections.

(4.5) The rules and regulations on sentence credit

shall also provide that when the court's sentencing order

recommends a prisoner for substance abuse treatment and the

crime was committed on or after September 1, 2003 (the

effective date of Public Act 93-354), the prisoner shall

receive no sentence credit awarded under clause (3) of this

subsection (a) unless he or she participates in and

completes a substance abuse treatment program. The

Director may waive the requirement to participate in or

complete a substance abuse treatment program and award the

sentence credit in specific instances if the prisoner is

not a good candidate for a substance abuse treatment

program for medical, programming, or operational reasons.

Availability of substance abuse treatment shall be subject

to the limits of fiscal resources appropriated by the

General Assembly for these purposes. If treatment is not

available and the requirement to participate and complete

the treatment has not been waived by the Director, the

prisoner shall be placed on a waiting list under criteria

established by the Department. The Director may allow a

prisoner placed on a waiting list to participate in and

complete a substance abuse education class or attend

substance abuse self-help meetings in lieu of a substance

abuse treatment program. A prisoner on a waiting list who

is not placed in a substance abuse program prior to release

may be eligible for a waiver and receive sentence credit

under clause (3) of this subsection (a) at the discretion

of the Director.

(4.6) The rules and regulations on sentence credit

shall also provide that a prisoner who has been convicted

of a sex offense as defined in Section 2 of the Sex

Offender Registration Act shall receive no sentence credit

unless he or she either has successfully completed or is

participating in sex offender treatment as defined by the

Sex Offender Management Board. However, prisoners who are

waiting to receive treatment, but who are unable to do so

due solely to the lack of resources on the part of the

Department, may, at the Director's sole discretion, be

awarded sentence credit at a rate as the Director shall

determine.

(5) Whenever the Department is to release any inmate

earlier than it otherwise would because of a grant of

sentence credit for good conduct under paragraph (3) of

subsection (a) of this Section given at any time during the

term, the Department shall give reasonable notice of the

impending release not less than 14 days prior to the date

of the release to the State's Attorney of the county where

the prosecution of the inmate took place, and if

applicable, the State's Attorney of the county into which

the inmate will be released. The Department must also make

identification information and a recent photo of the inmate

being released accessible on the Internet by means of a

hyperlink labeled "Community Notification of Inmate Early

Release" on the Department's World Wide Web homepage. The

identification information shall include the inmate's:

name, any known alias, date of birth, physical

characteristics, commitment offense and county where

conviction was imposed. The identification information

shall be placed on the website within 3 days of the

inmate's release and the information may not be removed

until either: completion of the first year of mandatory

supervised release or return of the inmate to custody of

the Department.

(b) Whenever a person is or has been committed under

several convictions, with separate sentences, the sentences

shall be construed under Section 5-8-4 in granting and

forfeiting of sentence credit.

(c) The Department shall prescribe rules and regulations

for revoking sentence credit, including revoking sentence

credit awarded for good conduct under paragraph (3) of

subsection (a) of this Section. The Department shall prescribe

rules and regulations for suspending or reducing the rate of

accumulation of sentence credit for specific rule violations,

during imprisonment. These rules and regulations shall provide

that no inmate may be penalized more than one year of sentence

credit for any one infraction.

When the Department seeks to revoke, suspend or reduce the

rate of accumulation of any sentence credits for an alleged

infraction of its rules, it shall bring charges therefor

against the prisoner sought to be so deprived of sentence

credits before the Prisoner Review Board as provided in

subparagraph (a)(4) of Section 3-3-2 of this Code, if the

amount of credit at issue exceeds 30 days or when during any 12

month period, the cumulative amount of credit revoked exceeds

30 days except where the infraction is committed or discovered

within 60 days of scheduled release. In those cases, the

Department of Corrections may revoke up to 30 days of sentence

credit. The Board may subsequently approve the revocation of

additional sentence credit, if the Department seeks to revoke

sentence credit in excess of 30 days. However, the Board shall

not be empowered to review the Department's decision with

respect to the loss of 30 days of sentence credit within any

calendar year for any prisoner or to increase any penalty

beyond the length requested by the Department.

The Director of the Department of Corrections, in

appropriate cases, may restore up to 30 days of sentence

credits which have been revoked, suspended or reduced. Any

restoration of sentence credits in excess of 30 days shall be

subject to review by the Prisoner Review Board. However, the

Board may not restore sentence credit in excess of the amount

requested by the Director.

Nothing contained in this Section shall prohibit the

Prisoner Review Board from ordering, pursuant to Section

3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

sentence imposed by the court that was not served due to the

accumulation of sentence credit.

(d) If a lawsuit is filed by a prisoner in an Illinois or

federal court against the State, the Department of Corrections,

or the Prisoner Review Board, or against any of their officers

or employees, and the court makes a specific finding that a

pleading, motion, or other paper filed by the prisoner is

frivolous, the Department of Corrections shall conduct a

hearing to revoke up to 180 days of sentence credit by bringing

charges against the prisoner sought to be deprived of the

sentence credits before the Prisoner Review Board as provided

in subparagraph (a)(8) of Section 3-3-2 of this Code. If the

prisoner has not accumulated 180 days of sentence credit at the

time of the finding, then the Prisoner Review Board may revoke

all sentence credit accumulated by the prisoner.

For purposes of this subsection (d):

(1) "Frivolous" means that a pleading, motion, or other

filing which purports to be a legal document filed by a

prisoner in his or her lawsuit meets any or all of the

following criteria:

(A) it lacks an arguable basis either in law or in

fact;

(B) it is being presented for any improper purpose,

such as to harass or to cause unnecessary delay or

needless increase in the cost of litigation;

(C) the claims, defenses, and other legal

contentions therein are not warranted by existing law

or by a nonfrivolous argument for the extension,

modification, or reversal of existing law or the

establishment of new law;

(D) the allegations and other factual contentions

do not have evidentiary support or, if specifically so

identified, are not likely to have evidentiary support

after a reasonable opportunity for further

investigation or discovery; or

(E) the denials of factual contentions are not

warranted on the evidence, or if specifically so

identified, are not reasonably based on a lack of

information or belief.

(2) "Lawsuit" means a motion pursuant to Section 116-3

of the Code of Criminal Procedure of 1963, a habeas corpus

action under Article X of the Code of Civil Procedure or

under federal law (28 U.S.C. 2254), a petition for claim

under the Court of Claims Act, an action under the federal

Civil Rights Act (42 U.S.C. 1983), or a second or

subsequent petition for post-conviction relief under

Article 122 of the Code of Criminal Procedure of 1963

whether filed with or without leave of court or a second or

subsequent petition for relief from judgment under Section

2-1401 of the Code of Civil Procedure.

(e) Nothing in Public Act 90-592 or 90-593 affects the

validity of Public Act 89-404.

(f) Whenever the Department is to release any inmate who

has been convicted of 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, earlier than it otherwise would

because of a grant of sentence credit, the Department, as a

condition of release, shall require that the person, upon

release, be placed under electronic surveillance as provided in

Section 5-8A-7 of this Code.

(Source: P.A. 98-718, eff. 1-1-15; 99-241, eff. 1-1-16; 99-275,

eff. 1-1-16; revised 10-19-15.)

(730 ILCS 5/5-4-3b)

Sec. 5-4-3b. Electronic Laboratory Information Management

System.

(a) The Department of State Police shall obtain, implement,

and maintain an Electronic Laboratory Information Management

System (LIMS), to efficiently and effectively track all

evidence submitted for forensic testing. At a minimum, the LIMS

shall record:

(1) the criminal offense or suspected criminal offense

for which the evidence is being submitted;

(2) the law enforcement agency submitting the

evidence;

(3) the name of the victim;

(4) the law enforcement agency case number;

(5) the State Police Laboratory case number;

(6) the date the evidence was received by the State

Police Laboratory;

(7) if the State Police Laboratory sent the evidence

for analysis to another designated laboratory, the name of

the laboratory and the date the evidence was sent to that

laboratory; and

(8) the date and description of any results or

information regarding the analysis sent to the submitting

law enforcement agency by the State Police Laboratory or

any other designated laboratory.

The LIMS shall also link multiple forensic evidence

submissions pertaining to a single criminal investigation such

that evidence submitted to confirm a previously reported

Combined DNA Index System (CODIS) hit in a State or federal

database can be linked to the initial evidence submission. The

LIMS shall be such that the system provides ease of

interoperability with law enforcement agencies for evidence

submission and reporting, as well as supports expansion

capabilities for future internal networking and laboratory

operations.

(b) The Department of State Police, in consultation with

and subject to the approval of the Chief Procurement Officer,

may procure a single contract or multiple contracts to

implement the provisions of this Section. A contract or

contracts under this subsection are not subject to the

provisions of the Illinois Procurement Code, except for

Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that

Code, provided that the Chief Procurement Officer may, in

writing with justification, waive any certification required

under Article 50 of the Illinois Procurement Code. This

exemption is inoperative 2 years from January 1, 2016 (the

effective date of Public Act 99-352) this amendatory Act of the

99th General Assembly.

(Source: P.A. 99-352, eff. 1-1-16; revised 10-20-15.)

(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 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.

(15) At the time of the offense, the defendant is or

had been the victim of domestic violence and the effects of

the domestic violence tended to excuse or justify the

defendant's criminal conduct. As used in this paragraph

(15), "domestic violence" means abuse as defined in Section

103 of the Illinois Domestic Violence Act of 1986.

(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. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;

99-384, eff. 1-1-16; revised 10-16-15.)

(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 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" has the meaning ascribed to it in paragraph

(O-1) of Section 1-103 of the Illinois Human Rights Act;

(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, the

ID/DD Community Care Act, or the MC/DD 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 or infirm or who was a person with a

disability by taking advantage of a family or fiduciary

relationship with the elderly 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;

(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; or

(29) the defendant committed the offense of criminal

sexual assault, aggravated criminal sexual assault,

criminal sexual abuse, or aggravated criminal sexual abuse

against a victim with an intellectual disability, and the

defendant holds a position of trust, authority, or

supervision in relation to the victim; or

(30) (29) the defendant committed the offense of

promoting juvenile prostitution, patronizing a prostitute,

or patronizing a minor engaged in prostitution and at the

time of the commission of the offense knew that the

prostitute or minor engaged in prostitution was in the

custody or guardianship of the Department of Children and

Family Services.

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.

"Intellectual disability" means significantly subaverage

intellectual functioning which exists concurrently with

impairment in adaptive behavior.

"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 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. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385,

eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143,

eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16;

99-347, eff. 1-1-16; revised 10-19-15.)

(730 ILCS 5/5-5.5-5)

Sec. 5-5.5-5. Definition Definitions and rules of

construction. In this Article, "eligible : "Eligible offender"

means a person who has been convicted of a crime in this State

or of an offense in any other jurisdiction that does not

include any offense or attempted offense that would subject a

person to registration under the Sex Offender Registration Act,

the Arsonist Registration Act, or the Murderer and Violent

Offender Against Youth Registration Act. "Eligible offender"

does not include a person who has been convicted of arson,

aggravated arson, kidnapping, aggravated kidnaping, aggravated

driving under the influence of alcohol, other drug or drugs, or

intoxicating compound or compounds, or any combination

thereof, or aggravated domestic battery.

(Source: P.A. 99-381, eff. 1-1-16; revised 10-19-15.)

(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 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.)

Section 565. The Code of Civil Procedure is amended by

changing Sections 2-1401, 3-102, and 12-654 as follows:

(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)

Sec. 2-1401. Relief from judgments.

(a) Relief from final orders and judgments, after 30 days

from the entry thereof, may be had upon petition as provided in

this Section. Writs of error coram nobis and coram vobis, bills

of review and bills in the nature of bills of review are

abolished. All relief heretofore obtainable and the grounds for

such relief heretofore available, whether by any of the

foregoing remedies or otherwise, shall be available in every

case, by proceedings hereunder, regardless of the nature of the

order or judgment from which relief is sought or of the

proceedings in which it was entered. Except as provided in the

Illinois Parentage Act of 2015, there shall be no distinction

between actions and other proceedings, statutory or otherwise,

as to availability of relief, grounds for relief or the relief

obtainable.

(b) The petition must be filed in the same proceeding in

which the order or judgment was entered but is not a

continuation thereof. The petition must be supported by

affidavit or other appropriate showing as to matters not of

record. All parties to the petition shall be notified as

provided by rule.

(b-5) A movant may present a meritorious claim under this

Section if the allegations in the petition establish each of

the following by a preponderance of the evidence:

(1) the movant was convicted of a forcible felony;

(2) the movant's participation in the offense was

related to him or her previously having been a victim of

domestic violence as perpetrated by an intimate partner;

(3) no evidence of domestic violence against the movant

was presented at the movant's sentencing hearing;

(4) the movant was unaware of the mitigating nature of

the evidence of the domestic violence at the time of

sentencing and could not have learned of its significance

sooner through diligence; and

(5) the new evidence of domestic violence against the

movant is material and noncumulative to other evidence

offered at the sentencing hearing, and is of such a

conclusive character that it would likely change the

sentence imposed by the original trial court.

Nothing in this subsection (b-5) shall prevent a movant

from applying for any other relief under this Section or any

other law otherwise available to him or her.

As used in this subsection (b-5):

"Domestic violence" means abuse as defined in Section

103 of the Illinois Domestic Violence Act of 1986.

"Forcible felony" has the meaning ascribed to the term

in Section 2-8 of the Criminal Code of 2012.

"Intimate partner" means a spouse or former spouse,

persons who have or allegedly have had a child in common,

or persons who have or have had a dating or engagement

relationship.

(c) Except as provided in Section 20b of the Adoption Act

and Section 2-32 of the Juvenile Court Act of 1987 or in a

petition based upon Section 116-3 of the Code of Criminal

Procedure of 1963, the petition must be filed not later than 2

years after the entry of the order or judgment. Time during

which the person seeking relief is under legal disability or

duress or the ground for relief is fraudulently concealed shall

be excluded in computing the period of 2 years.

(d) The filing of a petition under this Section does not

affect the order or judgment, or suspend its operation.

(e) Unless lack of jurisdiction affirmatively appears from

the record proper, the vacation or modification of an order or

judgment pursuant to the provisions of this Section does not

affect the right, title or interest in or to any real or

personal property of any person, not a party to the original

action, acquired for value after the entry of the order or

judgment but before the filing of the petition, nor affect any

right of any person not a party to the original action under

any certificate of sale issued before the filing of the

petition, pursuant to a sale based on the order or judgment.

(f) Nothing contained in this Section affects any existing

right to relief from a void order or judgment, or to employ any

existing method to procure that relief.

(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; revised

10-19-15.)

(735 ILCS 5/3-102) (from Ch. 110, par. 3-102)

Sec. 3-102. Scope of Article. This Article III of this Act

shall apply to and govern every action to review judicially a

final decision of any administrative agency where the Act

creating or conferring power on such agency, by express

reference, adopts the provisions of this Article III of this

Act or its predecessor, the Administrative Review Act. This

Article shall be known as the "Administrative Review Law". In

all such cases, any other statutory, equitable or common law

mode of review of decisions of administrative agencies

heretofore available shall not hereafter be employed.

Unless review is sought of an administrative decision

within the time and in the manner herein provided, the parties

to the proceeding before the administrative agency shall be

barred from obtaining judicial review of such administrative

decision. In an action to review any final decision of any

administrative agency brought under this Article III, if a

judgment is reversed or entered against the plaintiff, or the

action is voluntarily dismissed by the plaintiff, or the action

is dismissed for want of prosecution, or the action is

dismissed by a United States District Court for lack of

jurisdiction, neither the plaintiff nor his or her heirs,

executors, or administrators may commence a new action within

one year or within the remaining period of limitation,

whichever is greater. All proceedings in the court for revision

of such final decision shall terminate upon the date of the

entry of any Order under either Section 2-1009 or Section

13-217. Such Order shall cause the final administrative

decision of any administrative agency to become immediately

enforceable. If under the terms of the Act governing the

procedure before an administrative agency an administrative

decision has become final because of the failure to file any

document in the nature of objections, protests, petition for

hearing or application for administrative review within the

time allowed by such Act, such decision shall not be subject to

judicial review hereunder excepting only for the purpose of

questioning the jurisdiction of the administrative agency over

the person or subject matter.

(Source: P.A. 88-1; revised 10-19-15.)

(735 ILCS 5/12-654) (from Ch. 110, par. 12-654)

Sec. 12-654. Stay.

(a) If the judgment debtor shows the circuit court that an

appeal from the foreign judgment is pending or will be taken,

or that a stay of execution has been granted, the court shall

stay enforcement of the foreign judgment until the appeal is

concluded, the time for appeal expires, or the stay of

execution expires or is vacated, upon proof that the judgment

debtor has furnished the security for the satisfaction of the

judgment required by the state in which it is was rendered.

(b) If the judgment debtor shows the circuit court any

ground upon which enforcement of a judgment of any circuit

court for any county of this State would be stayed, the court

shall stay enforcement of the foreign judgment for an

appropriate period, upon requiring the same security for

satisfaction of the judgment which is required in this State.

(Source: P.A. 87-358; 87-895; revised 10-19-15.)

Section 570. The Mental Health and Developmental

Disabilities Confidentiality Act is amended by changing

Section 12 as follows:

(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 person

poses a clear and present danger to himself, herself, or

others, or within 7 days after a person 14 years or older is

determined to be a person with a developmental disability by a

physician, clinical psychologist, or qualified examiner as

described in Section 1.1 of the Firearm Owners Identification

Card Act. If a person is a patient as described in clause (1)

of the definition of "patient" in Section 1.1 of the Firearm

Owners Identification Card Act, this information shall be

furnished within 7 days after admission to a public or private

hospital or mental health facility or the provision of

services. 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" 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. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

eff. 7-27-15; revised 10-22-15.)

Section 575. The Premises Liability Act is amended by

changing Section 4.1 as follows:

(740 ILCS 130/4.1)

Sec. 4.1. Off-road riding facilities; liability.

(a) As used in this Section, "off-road riding facility"

means:

(1) an area of land, consisting of a closed course,

designed for use of off-highway vehicles in events such as,

but not limited to, dirt track, short track, flat track,

speedway, drag racing, grand prix, hare scrambles, hill

climb, ice racing, observed trails, mud and snow scrambles,

tractor pulls, sled pulls, truck pulls, mud runs, or other

contests of a side-by-side nature in a sporting event for

practice, instruction, testing, or competition of

off-highway vehicles; or

(2) a thoroughfare or track across land or snow used

for off-highway motorcycles or all-terrain vehicles.

(b) An owner or operator of an off-road riding facility in

existence on January 1, 2002 is immune from any criminal

liability arising out of or as a consequence of noise or sound

emissions resulting from the use of the off-road riding

facility. An owner or operator of an a off-road riding facility

is not subject to any action for public or private nuisance or

trespass, and no court in this State may enjoin the use or

operation of an a off-road riding facility on the basis of

noise or sound emissions resulting from the use of the off-road

riding facility.

(c) An owner or operator of an a off-road riding facility

placed in operation after January 1, 2002 is immune from any

criminal liability and is not subject to any action for public

or private nuisance or trespass arising out of or as a

consequence of noise or sound emissions resulting from the use

of the off-road riding facility, if the off-road riding

facility conforms to any one of the following requirements:

(1) All areas from which an off-road vehicle may be

properly operated are at least 1,000 feet from any occupied

permanent dwelling on adjacent property at the time the

facility was placed into operation.

(2) The off-road riding facility is situated on land

otherwise subject to land use zoning, and the off-road

riding facility was not prohibited by the zoning authority

at the time the facility was placed into operation.

(3) The off-road riding facility is operated by a

governmental entity or the off-road riding facility was the

recipient of grants under the Recreational Trails of

Illinois Act.

(d) The civil immunity in subsection (c) does not apply if

there is willful or wanton misconduct outside the normal use of

the off-road riding facility.

(Source: P.A. 98-847, eff. 1-1-15; revised 10-19-15.)

Section 580. The Illinois Marriage and Dissolution of

Marriage Act is amended by changing Section 513 as follows:

(750 ILCS 5/513) (from Ch. 40, par. 513)

Sec. 513. Educational Expenses for a Non-minor Child.

(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 educational

expenses of any child of the parties. Unless otherwise agreed

to by the parties, all educational expenses which are the

subject of a petition brought pursuant to this Section shall be

incurred no later than the student's 23rd birthday, except for

good cause shown, but in no event later than the child's 25th

birthday.

(b) Regardless of whether an award has been made under

subsection (a), the court may require both parties and the

child to complete the Free Application for Federal Student Aid

(FAFSA) and other financial aid forms and to submit any form of

that type prior to the designated submission deadline for the

form. The court may require either or both parties to provide

funds for the child so as to pay for the cost of up to 5 college

applications, the cost of 2 standardized college entrance

examinations, and the cost of one standardized college entrance

examination preparatory course.

(c) The authority under this Section to make provision for

educational expenses extends not only to periods of college

education or vocational 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.

(d) Educational expenses may include, but shall not be

limited to, the following:

(1) except for good cause shown, the actual cost of the

child's post-secondary expenses, including tuition and

fees, provided that the cost for tuition and fees does not

exceed the amount of tuition and fees paid by a student at

the University of Illinois at Urbana-Champaign for the same

academic year;

(2) except for good cause shown, the actual costs of

the child's housing expenses, whether on-campus or

off-campus, provided that the housing expenses do not

exceed the cost for the same academic year of a

double-occupancy student room, with a standard meal plan,

in a residence hall operated by the University of Illinois

at Urbana-Champaign;

(3) the actual costs of the child's medical expenses,

including medical insurance, and dental expenses;

(4) the reasonable living expenses of the child during

the academic year and periods of recess:

(A) if the child is a resident student attending a

post-secondary educational program; or

(B) if the child is living with one party at that

party's home and attending a post-secondary

educational program as a non-resident student, in

which case the living expenses include an amount that

pays for the reasonable cost of the child's food,

utilities, and transportation; and

(5) the cost of books and other supplies necessary to

attend college.

(e) Sums may be ordered payable to the child, to either

party, or to the educational institution, directly or through a

special account or trust created for that purpose, as the court

sees fit.

(f) If educational expenses are ordered payable, each party

and the child shall sign any consent necessary for the

educational institution to provide a supporting party with

access to the child's academic transcripts, records, and grade

reports. The consent 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 party is entitled to

know the name of the educational institution the child attends.

(g) The authority under this Section to make provision for

educational expenses terminates when the child either: fails to

maintain a cumulative "C" grade point average, except in the

event of illness or other good cause shown; attains the age of

23; receives a baccalaureate degree; or marries. A child's

enlisting in the armed forces, being incarcerated, or becoming

pregnant does not terminate the court's authority to make

provisions for the educational expenses for the child under

this Section.

(h) An account established prior to the dissolution that is

to be used for the child's post-secondary education, that is an

account in a state tuition program under Section 529 of the

Internal Revenue Code, or that is some other college savings

plan, is to be considered by the court to be a resource of the

child, provided that any post-judgment contribution made by a

party to such an account is to be considered a contribution

from that party.

(i) The child is not a third party beneficiary to the

settlement agreement or judgment between the parties after

trial and is not entitled to file a petition for contribution.

If the parties' settlement agreement describes the manner in

which a child's educational expenses will be paid, or if the

court makes an award pursuant to this Section, then the parties

are responsible pursuant to that agreement or award for the

child's educational expenses, but in no event shall the court

consider the child a third party beneficiary of that provision.

In the event of the death or legal disability of a party who

would have the right to file a petition for contribution, the

child of the party may file a petition for contribution. a

person with a mental or physical disability a person with a

mental or physical disability

(j) In making awards under this Section, 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 present and future financial resources of both

parties to meet their needs, including, but not limited to,

savings for retirement.

(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.

(k) The establishment of an obligation to pay under this

Section is retroactive only to the date of filing a petition.

The right to enforce a prior obligation to pay may be enforced

either before or after the obligation is incurred.

(Source: P.A. 99-90, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-22-15.)

Section 585. The Uniform Interstate Family Support Act is

amended by changing Section 102 as follows:

(750 ILCS 22/102) (was 750 ILCS 22/101)

Sec. 102. Definitions. In this Act:

(1) "Child" means an individual, whether over or under the

age of majority, who is or is alleged to be owed a duty of

support by the individual's parent or who is or is alleged to

be the beneficiary of a support order directed to the parent.

(2) "Child-support order" means a support order for a

child, including a child who has attained the age of majority

under the law of the issuing state or foreign country.

(3) "Convention" means the Convention on the International

Recovery of Child Support and Other Forms of Family

Maintenance, concluded at The Hague on November 23, 2007.

(4) "Duty of support" means an obligation imposed or

imposable by law to provide support for a child, spouse, or

former spouse including an unsatisfied obligation to provide

support.

(5) "Foreign country" means a country, including a

political subdivision thereof, other than the United States,

that authorizes the issuance of support orders and:

(A) which has been declared under the law of the United

States to be a foreign reciprocating country;

(B) which has established a reciprocal arrangement for

child support with this State as provided in Section 308;

(C) which has enacted a law or established procedures

for the issuance and enforcement of support orders which

are substantially similar to the procedures under this Act;

or

(D) in which the Convention is in force with respect to

the United States.

(6) "Foreign support order" means a support order of a

foreign tribunal.

(7) "Foreign tribunal" means a court, administrative

agency, or quasi-judicial entity of a foreign country which is

authorized to establish, enforce, or modify support orders or

to determine parentage of a child. The term includes a

competent authority under the Convention.

(8) "Home state" means the state or foreign country in

which a child lived with a parent or a person acting as parent

for at least 6 consecutive months immediately preceding the

time of filing of a petition or comparable pleading for

support, and if a child is less than 6 months old, the state or

foreign country in which the child lived from birth with any of

them. A period of temporary absence of any of them is counted

as part of the 6-month or other period.

(9) "Income" includes earnings or other periodic

entitlements to money from any source and any other property

subject to withholding for support under the law of this State.

(10) "Income-withholding order" means an order or other

legal process directed to an obligor's employer or other

debtor, as defined by the Income Withholding for Support Act,

2015, to withhold support from the income of the obligor.

(11) "Initiating tribunal" means the tribunal of a state or

foreign country from which a petition or comparable pleading is

forwarded or in which a petition or comparable pleading is

filed for forwarding to another state or foreign country.

(12) "Issuing foreign country" means the foreign country in

which a tribunal issues a support order or a judgment

determining parentage of a child.

(13) "Issuing state" means the state in which a tribunal

issues a support order or a judgment determining parentage of a

child.

(14) "Issuing tribunal" means the tribunal of a state or

foreign country that issues a support order or a judgment

determining parentage of a child.

(15) "Law" includes decisional and statutory law and rules

and regulations having the force of law.

(16) "Obligee" means:

(A) an individual to whom a duty of support is or is

alleged to be owed or in whose favor a support order or a

judgment determining parentage of a child has been issued;

(B) a foreign country, state, or political subdivision

of a state to which the rights under a duty of support or

support order have been assigned or which has independent

claims based on financial assistance provided to an

individual obligee in place of child support;

(C) an individual seeking a judgment determining

parentage of the individual's child; or

(D) a person that is a creditor in a proceeding under

Article 7.

(17) "Obligor" means an individual, or the estate of a

decedent that:

(A) owes or is alleged to owe a duty of support;

(B) is alleged but has not been adjudicated to be a

parent of a child;

(C) is liable under a support order; or

(D) is a debtor in a proceeding under Article 7.

(18) "Outside this State" means a location in another state

or a country other than the United States, whether or not the

country is a foreign country.

(19) "Person" means an individual, corporation, business

trust, estate, trust, partnership, limited liability company,

association, joint venture, public corporation, government or

governmental subdivision, agency, or instrumentality, or any

other legal or commercial entity.

(20) "Record" means information that is inscribed on a

tangible medium or that is stored in an electronic or other

medium and is retrievable in perceivable form.

(21) "Register" means to record or file in a tribunal of

this State a support order or judgment determining parentage of

a child issued in another state or a foreign country.

(22) "Registering tribunal" means a tribunal in which a

support order or judgment determining parentage of a child is

registered.

(23) "Responding state" means a state in which a petition

or comparable pleading for support or to determine parentage of

a child is filed or to which a petition or comparable pleading

is forwarded for filing from another state or a foreign

country.

(24) "Responding tribunal" means the authorized tribunal

in a responding state or foreign country.

(25) "Spousal-support order" means a support order for a

spouse or former spouse of the obligor.

(26) "State" means a state of the United States, the

District of Columbia, Puerto Rico, the United States Virgin

Islands, or any territory or insular possession under the

jurisdiction of the United States. The term includes an Indian

nation or tribe.

(27) "Support enforcement agency" means a public official,

governmental entity, or private agency authorized to:

(A) seek enforcement of support orders or laws relating

to the duty of support;

(B) seek establishment or modification of child

support;

(C) request determination of parentage of a child;

(D) attempt to locate obligors or their assets; or

(E) request determination of the controlling

child-support order.

(28) "Support order" means a judgment, decree, order,

decision, or directive, whether temporary, final, or subject to

modification, issued in a state or foreign country for the

benefit of a child, a spouse, or a former spouse, which

provides for monetary support, health care, arrearages,

retroactive support, or reimbursement for financial assistance

provided to an individual obligee in place of child support.

The term may include related costs and fees, interest, income

withholding, automatic adjustment, reasonable attorney's fees,

and other relief.

(29) "Tribunal" means a court, administrative agency, or

quasi-judicial entity authorized to establish, enforce, or

modify support orders or to determine parentage of a child.

(Source: P.A. 99-78, eff. 7-20-15; 99-85, eff. 1-1-16; 99-119,

eff. 1-1-16; revised 10-22-15.)

Section 590. The Adoption Act is amended by changing

Sections 1 and 18.06 as follows:

(750 ILCS 50/1) (from Ch. 40, par. 1501)

Sec. 1. Definitions. When used in this Act, unless the

context otherwise requires:

A. "Child" means a person under legal age subject to

adoption under this Act.

B. "Related child" means a child subject to adoption where

either or both of the adopting parents stands in any of the

following relationships to the child by blood, marriage,

adoption, or civil union: parent, grand-parent,

great-grandparent, brother, sister, step-parent,

step-grandparent, step-brother, step-sister, uncle, aunt,

great-uncle, great-aunt, first cousin, or second cousin. A

person is related to the child as a first cousin or second

cousin if they are both related to the same ancestor as either

grandchild or great-grandchild. A child whose parent has

executed a consent to adoption, a surrender, or a waiver

pursuant to Section 10 of this Act or whose parent has signed a

denial of paternity pursuant to Section 12 of the Vital Records

Act or Section 12a of this Act, or whose parent has had his or

her parental rights terminated, is not a related child to that

person, unless (1) the consent is determined to be void or is

void pursuant to subsection O of Section 10 of this Act; or (2)

the parent of the child executed a consent to adoption by a

specified person or persons pursuant to subsection A-1 of

Section 10 of this Act and a court of competent jurisdiction

finds that such consent is void; or (3) the order terminating

the parental rights of the parent is vacated by a court of

competent jurisdiction.

C. "Agency" for the purpose of this Act means a public

child welfare agency or a licensed child welfare agency.

D. "Unfit person" means any person whom the court shall

find to be unfit to have a child, without regard to the

likelihood that the child will be placed for adoption. The

grounds of unfitness are any one or more of the following,

except that a person shall not be considered an unfit person

for the sole reason that the person has relinquished a child in

accordance with the Abandoned Newborn Infant Protection Act:

(a) Abandonment of the child.

(a-1) Abandonment of a newborn infant in a hospital.

(a-2) Abandonment of a newborn infant in any setting

where the evidence suggests that the parent intended to

relinquish his or her parental rights.

(b) Failure to maintain a reasonable degree of

interest, concern or responsibility as to the child's

welfare.

(c) Desertion of the child for more than 3 months next

preceding the commencement of the Adoption proceeding.

(d) Substantial neglect of the child if continuous or

repeated.

(d-1) Substantial neglect, if continuous or repeated,

of any child residing in the household which resulted in

the death of that child.

(e) Extreme or repeated cruelty to the child.

(f) There is a rebuttable presumption, which can be

overcome only by clear and convincing evidence, that a

parent is unfit if:

(1) Two or more findings of physical abuse have

been entered regarding any children under Section 2-21

of the Juvenile Court Act of 1987, the most recent of

which was determined by the juvenile court hearing the

matter to be supported by clear and convincing

evidence; or

(2) The parent has been convicted or found not

guilty by reason of insanity and the conviction or

finding resulted from the death of any child by

physical abuse; or

(3) There is a finding of physical child abuse

resulting from the death of any child under Section

2-21 of the Juvenile Court Act of 1987.

No conviction or finding of delinquency pursuant

to Article V of the Juvenile Court Act of 1987 shall be

considered a criminal conviction for the purpose of

applying any presumption under this item (f).

(g) Failure to protect the child from conditions within

his environment injurious to the child's welfare.

(h) Other neglect of, or misconduct toward the child;

provided that in making a finding of unfitness the court

hearing the adoption proceeding shall not be bound by any

previous finding, order or judgment affecting or

determining the rights of the parents toward the child

sought to be adopted in any other proceeding except such

proceedings terminating parental rights as shall be had

under either this Act, the Juvenile Court Act or the

Juvenile Court Act of 1987.

(i) Depravity. Conviction of any one of the following

crimes shall create a presumption that a parent is depraved

which can be overcome only by clear and convincing

evidence: (1) first degree murder in violation of paragraph

1 or 2 of subsection (a) of Section 9-1 of the Criminal

Code of 1961 or the Criminal Code of 2012 or conviction of

second degree murder in violation of subsection (a) of

Section 9-2 of the Criminal Code of 1961 or the Criminal

Code of 2012 of a parent of the child to be adopted; (2)

first degree murder or second degree murder of any child in

violation of the Criminal Code of 1961 or the Criminal Code

of 2012; (3) attempt or conspiracy to commit first degree

murder or second degree murder of any child in violation of

the Criminal Code of 1961 or the Criminal Code of 2012; (4)

solicitation to commit murder of any child, solicitation to

commit murder of any child for hire, or solicitation to

commit second degree murder of any child in violation of

the Criminal Code of 1961 or the Criminal Code of 2012; (5)

predatory criminal sexual assault of a child in violation

of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961

or the Criminal Code of 2012; (6) heinous battery of any

child in violation of the Criminal Code of 1961; or (7)

aggravated battery of any child in violation of the

Criminal Code of 1961 or the Criminal Code of 2012.

There is a rebuttable presumption that a parent is

depraved if the parent has been criminally convicted of at

least 3 felonies under the laws of this State or any other

state, or under federal law, or the criminal laws of any

United States territory; and at least one of these

convictions took place within 5 years of the filing of the

petition or motion seeking termination of parental rights.

There is a rebuttable presumption that a parent is

depraved if that parent has been criminally convicted of

either first or second degree murder of any person as

defined in the Criminal Code of 1961 or the Criminal Code

of 2012 within 10 years of the filing date of the petition

or motion to terminate parental rights.

No conviction or finding of delinquency pursuant to

Article 5 of the Juvenile Court Act of 1987 shall be

considered a criminal conviction for the purpose of

applying any presumption under this item (i).

(j) Open and notorious adultery or fornication.

(j-1) (Blank).

(k) Habitual drunkenness or addiction to drugs, other

than those prescribed by a physician, for at least one year

immediately prior to the commencement of the unfitness

proceeding.

There is a rebuttable presumption that a parent is

unfit under this subsection with respect to any child to

which that parent gives birth where there is a confirmed

test result that at birth the child's blood, urine, or

meconium contained any amount of a controlled substance as

defined in subsection (f) of Section 102 of the Illinois

Controlled Substances Act or metabolites of such

substances, the presence of which in the newborn infant was

not the result of medical treatment administered to the

mother or the newborn infant; and the biological mother of

this child is the biological mother of at least one other

child who was adjudicated a neglected minor under

subsection (c) of Section 2-3 of the Juvenile Court Act of

1987.

(l) Failure to demonstrate a reasonable degree of

interest, concern or responsibility as to the welfare of a

new born child during the first 30 days after its birth.

(m) Failure by a parent (i) to make reasonable efforts

to correct the conditions that were the basis for the

removal of the child from the parent during any 9-month

period following the adjudication of neglected or abused

minor under Section 2-3 of the Juvenile Court Act of 1987

or dependent minor under Section 2-4 of that Act, or (ii)

to make reasonable progress toward the return of the child

to the parent during any 9-month period following the

adjudication of neglected or abused minor under Section 2-3

of the Juvenile Court Act of 1987 or dependent minor under

Section 2-4 of that Act. If a service plan has been

established as required under Section 8.2 of the Abused and

Neglected Child Reporting Act to correct the conditions

that were the basis for the removal of the child from the

parent and if those services were available, then, for

purposes of this Act, "failure to make reasonable progress

toward the return of the child to the parent" includes the

parent's failure to substantially fulfill his or her

obligations under the service plan and correct the

conditions that brought the child into care during any

9-month period following the adjudication under Section

2-3 or 2-4 of the Juvenile Court Act of 1987.

Notwithstanding any other provision, when a petition or

motion seeks to terminate parental rights on the basis of

item (ii) of this subsection (m), the petitioner shall file

with the court and serve on the parties a pleading that

specifies the 9-month period or periods relied on. The

pleading shall be filed and served on the parties no later

than 3 weeks before the date set by the court for closure

of discovery, and the allegations in the pleading shall be

treated as incorporated into the petition or motion.

Failure of a respondent to file a written denial of the

allegations in the pleading shall not be treated as an

admission that the allegations are true.

(m-1) Pursuant to the Juvenile Court Act of 1987, a

child has been in foster care for 15 months out of any 22

month period which begins on or after the effective date of

this amendatory Act of 1998 unless the child's parent can

prove by a preponderance of the evidence that it is more

likely than not that it will be in the best interests of

the child to be returned to the parent within 6 months of

the date on which a petition for termination of parental

rights is filed under the Juvenile Court Act of 1987. The

15 month time limit is tolled during any period for which

there is a court finding that the appointed custodian or

guardian failed to make reasonable efforts to reunify the

child with his or her family, provided that (i) the finding

of no reasonable efforts is made within 60 days of the

period when reasonable efforts were not made or (ii) the

parent filed a motion requesting a finding of no reasonable

efforts within 60 days of the period when reasonable

efforts were not made. For purposes of this subdivision

(m-1), the date of entering foster care is the earlier of:

(i) the date of a judicial finding at an adjudicatory

hearing that the child is an abused, neglected, or

dependent minor; or (ii) 60 days after the date on which

the child is removed from his or her parent, guardian, or

legal custodian.

(n) Evidence of intent to forgo his or her parental

rights, whether or not the child is a ward of the court,

(1) as manifested by his or her failure for a period of 12

months: (i) to visit the child, (ii) to communicate with

the child or agency, although able to do so and not

prevented from doing so by an agency or by court order, or

(iii) to maintain contact with or plan for the future of

the child, although physically able to do so, or (2) as

manifested by the father's failure, where he and the mother

of the child were unmarried to each other at the time of

the child's birth, (i) to commence legal proceedings to

establish his paternity under the Illinois Parentage Act of

1984, the Illinois Parentage Act of 2015, or the law of the

jurisdiction of the child's birth within 30 days of being

informed, pursuant to Section 12a of this Act, that he is

the father or the likely father of the child or, after

being so informed where the child is not yet born, within

30 days of the child's birth, or (ii) to make a good faith

effort to pay a reasonable amount of the expenses related

to the birth of the child and to provide a reasonable

amount for the financial support of the child, the court to

consider in its determination all relevant circumstances,

including the financial condition of both parents;

provided that the ground for termination provided in this

subparagraph (n)(2)(ii) shall only be available where the

petition is brought by the mother or the husband of the

mother.

Contact or communication by a parent with his or her

child that does not demonstrate affection and concern does

not constitute reasonable contact and planning under

subdivision (n). In the absence of evidence to the

contrary, the ability to visit, communicate, maintain

contact, pay expenses and plan for the future shall be

presumed. The subjective intent of the parent, whether

expressed or otherwise, unsupported by evidence of the

foregoing parental acts manifesting that intent, shall not

preclude a determination that the parent has intended to

forgo his or her parental rights. In making this

determination, the court may consider but shall not require

a showing of diligent efforts by an authorized agency to

encourage the parent to perform the acts specified in

subdivision (n).

It shall be an affirmative defense to any allegation

under paragraph (2) of this subsection that the father's

failure was due to circumstances beyond his control or to

impediments created by the mother or any other person

having legal custody. Proof of that fact need only be by a

preponderance of the evidence.

(o) Repeated or continuous failure by the parents,

although physically and financially able, to provide the

child with adequate food, clothing, or shelter.

(p) Inability to discharge parental responsibilities

supported by competent evidence from a psychiatrist,

licensed clinical social worker, or clinical psychologist

of mental impairment, mental illness or an intellectual

disability as defined in Section 1-116 of the Mental Health

and Developmental Disabilities Code, or developmental

disability as defined in Section 1-106 of that Code, and

there is sufficient justification to believe that the

inability to discharge parental responsibilities shall

extend beyond a reasonable time period. However, this

subdivision (p) shall not be construed so as to permit a

licensed clinical social worker to conduct any medical

diagnosis to determine mental illness or mental

impairment.

(q) (Blank).

(r) The child is in the temporary custody or

guardianship of the Department of Children and Family

Services, the parent is incarcerated as a result of

criminal conviction at the time the petition or motion for

termination of parental rights is filed, prior to

incarceration the parent had little or no contact with the

child or provided little or no support for the child, and

the parent's incarceration will prevent the parent from

discharging his or her parental responsibilities for the

child for a period in excess of 2 years after the filing of

the petition or motion for termination of parental rights.

(s) The child is in the temporary custody or

guardianship of the Department of Children and Family

Services, the parent is incarcerated at the time the

petition or motion for termination of parental rights is

filed, the parent has been repeatedly incarcerated as a

result of criminal convictions, and the parent's repeated

incarceration has prevented the parent from discharging

his or her parental responsibilities for the child.

(t) A finding that at birth the child's blood, urine,

or meconium contained any amount of a controlled substance

as defined in subsection (f) of Section 102 of the Illinois

Controlled Substances Act, 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 was the result of medical treatment

administered to the mother or the newborn infant, and that

the biological mother of this child is the biological

mother of at least one other child who was adjudicated a

neglected minor under subsection (c) of Section 2-3 of the

Juvenile Court Act of 1987, after which the biological

mother had the opportunity to enroll in and participate in

a clinically appropriate substance abuse counseling,

treatment, and rehabilitation program.

E. "Parent" means a person who is the legal mother or legal

father of the child as defined in subsection X or Y of this

Section. For the purpose of this Act, a parent who has executed

a consent to adoption, a surrender, or a waiver pursuant to

Section 10 of this Act, who has signed a Denial of Paternity

pursuant to Section 12 of the Vital Records Act or Section 12a

of this Act, or whose parental rights have been terminated by a

court, is not a parent of the child who was the subject of the

consent, surrender, waiver, or denial unless (1) the consent is

void pursuant to subsection O of Section 10 of this Act; or (2)

the person executed a consent to adoption by a specified person

or persons pursuant to subsection A-1 of Section 10 of this Act

and a court of competent jurisdiction finds that the consent is

void; or (3) the order terminating the parental rights of the

person is vacated by a court of competent jurisdiction.

F. A person is available for adoption when the person is:

(a) a child who has been surrendered for adoption to an

agency and to whose adoption the agency has thereafter

consented;

(b) a child to whose adoption a person authorized by

law, other than his parents, has consented, or to whose

adoption no consent is required pursuant to Section 8 of

this Act;

(c) a child who is in the custody of persons who intend

to adopt him through placement made by his parents;

(c-1) a child for whom a parent has signed a specific

consent pursuant to subsection O of Section 10;

(d) an adult who meets the conditions set forth in

Section 3 of this Act; or

(e) a child who has been relinquished as defined in

Section 10 of the Abandoned Newborn Infant Protection Act.

A person who would otherwise be available for adoption

shall not be deemed unavailable for adoption solely by reason

of his or her death.

G. The singular includes the plural and the plural includes

the singular and the "male" includes the "female", as the

context of this Act may require.

H. (Blank).

I. "Habitual residence" has the meaning ascribed to it in

the federal Intercountry Adoption Act of 2000 and regulations

promulgated thereunder.

J. "Immediate relatives" means the biological parents, the

parents of the biological parents and siblings of the

biological parents.

K. "Intercountry adoption" is a process by which a child

from a country other than the United States is adopted by

persons who are habitual residents of the United States, or the

child is a habitual resident of the United States who is

adopted by persons who are habitual residents of a country

other than the United States.

L. (Blank).

M. "Interstate Compact on the Placement of Children" is a

law enacted by all states and certain territories for the

purpose of establishing uniform procedures for handling the

interstate placement of children in foster homes, adoptive

homes, or other child care facilities.

N. (Blank).

O. "Preadoption requirements" means any conditions or

standards established by the laws or administrative rules of

this State that must be met by a prospective adoptive parent

prior to the placement of a child in an adoptive home.

P. "Abused child" means a child whose parent or immediate

family member, or any person responsible for the child's

welfare, or any individual residing in the same home as the

child, or a paramour of the child's parent:

(a) inflicts, causes to be inflicted, or allows to be

inflicted upon the child physical injury, by other than

accidental means, that causes death, disfigurement,

impairment of physical or emotional health, or loss or

impairment of any bodily function;

(b) creates a substantial risk of physical injury to

the child by other than accidental means which would be

likely to cause death, disfigurement, impairment of

physical or emotional health, or loss or impairment of any

bodily function;

(c) commits or allows to be committed any sex offense

against the child, as sex offenses are defined in the

Criminal Code of 2012 and extending those definitions of

sex offenses to include children under 18 years of age;

(d) commits or allows to be committed an act or acts of

torture upon the child; or

(e) inflicts excessive corporal punishment.

Q. "Neglected child" means any child whose parent or other

person responsible for the child's welfare withholds or denies

nourishment or medically indicated treatment including food or

care denied solely on the basis of the present or anticipated

mental or physical impairment as determined by a physician

acting alone or in consultation with other physicians or

otherwise does not provide the proper or necessary support,

education as required by law, or medical or other remedial care

recognized under State law as necessary for a child'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 parents or other person responsible for

the child's welfare.

A child shall not be considered neglected or abused for the

sole reason that the child's parent or other person responsible

for his or her welfare depends upon spiritual means through

prayer alone for the treatment or cure of disease or remedial

care as provided under Section 4 of the Abused and Neglected

Child Reporting Act. A child shall not be considered neglected

or abused for the sole reason that the child's parent or other

person responsible for the child's welfare failed to vaccinate,

delayed vaccination, or refused vaccination for the child due

to a waiver on religious or medical grounds as permitted by

law.

R. "Putative father" means a man who may be a child's

father, but who (1) is not married to the child's mother on or

before the date that the child was or is to be born and (2) has

not established paternity of the child in a court proceeding

before the filing of a petition for the adoption of the child.

The term includes a male who is less than 18 years of age.

"Putative father" does not mean a man who is the child's father

as a result of criminal sexual abuse or assault as defined

under Article 11 of the Criminal Code of 2012.

S. "Standby adoption" means an adoption in which a parent

consents to custody and termination of parental rights to

become effective upon the occurrence of a future event, which

is either the death of the parent or the request of the parent

for the entry of a final judgment of adoption.

T. (Blank).

T-5. "Biological parent", "birth parent", or "natural

parent" of a child are interchangeable terms that mean a person

who is biologically or genetically related to that child as a

parent.

U. "Interstate adoption" means the placement of a minor

child with a prospective adoptive parent for the purpose of

pursuing an adoption for that child that is subject to the

provisions of the Interstate Compact on Placement of Children.

V. (Blank).

W. (Blank).

X. "Legal father" of a child means a man who is recognized

as or presumed to be that child's father:

(1) because of his marriage to or civil union with the

child's parent at the time of the child's birth or within

300 days prior to that child's birth, unless he signed a

denial of paternity pursuant to Section 12 of the Vital

Records Act or a waiver pursuant to Section 10 of this Act;

or

(2) because his paternity of the child has been

established pursuant to the Illinois Parentage Act, the

Illinois Parentage Act of 1984, or the Gestational

Surrogacy Act; or

(3) because he is listed as the child's father or

parent on the child's birth certificate, unless he is

otherwise determined by an administrative or judicial

proceeding not to be the parent of the child or unless he

rescinds his acknowledgment of paternity pursuant to the

Illinois Parentage Act of 1984; or

(4) because his paternity or adoption of the child has

been established by a court of competent jurisdiction.

The definition in this subsection X shall not be construed

to provide greater or lesser rights as to the number of parents

who can be named on a final judgment order of adoption or

Illinois birth certificate that otherwise exist under Illinois

law.

Y. "Legal mother" of a child means a woman who is

recognized as or presumed to be that child's mother:

(1) because she gave birth to the child except as

provided in the Gestational Surrogacy Act; or

(2) because her maternity of the child has been

established pursuant to the Illinois Parentage Act of 1984

or the Gestational Surrogacy Act; or

(3) because her maternity or adoption of the child has

been established by a court of competent jurisdiction; or

(4) because of her marriage to or civil union with the

child's other parent at the time of the child's birth or

within 300 days prior to the time of birth; or

(5) because she is listed as the child's mother or

parent on the child's birth certificate unless she is

otherwise determined by an administrative or judicial

proceeding not to be the parent of the child.

The definition in this subsection Y shall not be construed

to provide greater or lesser rights as to the number of parents

who can be named on a final judgment order of adoption or

Illinois birth certificate that otherwise exist under Illinois

law.

Z. "Department" means the Illinois Department of Children

and Family Services.

AA. "Placement disruption" means a circumstance where the

child is removed from an adoptive placement before the adoption

is finalized.

BB. "Secondary placement" means a placement, including but

not limited to the placement of a ward of the Department, that

occurs after a placement disruption or an adoption dissolution.

"Secondary placement" does not mean secondary placements

arising due to the death of the adoptive parent of the child.

CC. "Adoption dissolution" means a circumstance where the

child is removed from an adoptive placement after the adoption

is finalized.

DD. "Unregulated placement" means the secondary placement

of a child that occurs without the oversight of the courts, the

Department, or a licensed child welfare agency.

EE. "Post-placement and post-adoption support services"

means support services for placed or adopted children and

families that include, but are not limited to, counseling for

emotional, behavioral, or developmental needs.

(Source: P.A. 98-455, eff. 1-1-14; 98-532, eff. 1-1-14; 98-804,

eff. 1-1-15; 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; revised

8-4-15.)

(750 ILCS 50/18.06)

Sec. 18.06. Definitions. When used in Sections 18.05

through Section 18.6, for the purposes of the Registry:

"Adopted person" means a person who was adopted pursuant to

the laws in effect at the time of the adoption.

"Adoptive parent" means a person who has become a parent

through the legal process of adoption.

"Adult child" means the biological child 21 years of age or

over of a deceased adopted or surrendered person.

"Adult grandchild" means the biological grandchild 21

years of age or over of a deceased adopted or surrendered

person.

"Adult adopted or surrendered person" means an adopted or

surrendered person 21 years of age or over.

"Agency" means a public child welfare agency or a licensed

child welfare agency.

"Birth aunt" means the adult full or half sister of a

deceased birth parent.

"Birth father" means the biological father of an adopted or

surrendered person who is named on the original certificate of

live birth or on a consent or surrender document, or a

biological father whose paternity has been established by a

judgment or order of the court, pursuant to the Illinois

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

"Birth grandparent" means the biological parent of: (i) a

non-surrendered person who is a deceased birth mother; or (ii)

a non-surrendered person who is a deceased birth father.

"Birth mother" means the biological mother of an adopted or

surrendered person.

"Birth parent" means a birth mother or birth father of an

adopted or surrendered person.

"Birth Parent Preference Form" means the form prepared by

the Department of Public Health pursuant to Section 18.2

completed by a birth parent registrant and filed with the

Registry that indicates the birth parent's preferences

regarding contact and, if applicable, the release of his or her

identifying information on the non-certified copy of the

original birth certificate released to an adult adopted or

surrendered person or to the surviving adult child or surviving

spouse of a deceased adopted or surrendered person who has

filed a Request for a Non-Certified Copy of an Original Birth

Certificate.

"Birth relative" means a birth mother, birth father, birth

grandparent, birth sibling, birth aunt, or birth uncle.

"Birth sibling" means the adult full or half sibling of an

adopted or surrendered person.

"Birth uncle" means the adult full or half brother of a

deceased birth parent.

"Confidential intermediary" means an individual certified

by the Department of Children and Family Services pursuant to

Section 18.3a(e).

"Denial of Information Exchange" means an affidavit

completed by a registrant with the Illinois Adoption Registry

and Medical Information Exchange denying the release of

identifying information which has been filed with the Registry.

"Information Exchange Authorization" means an affidavit

completed by a registrant with the Illinois Adoption Registry

and Medical Information Exchange authorizing the release of

identifying information which has been filed with the Registry.

"Medical Information Exchange Questionnaire" means the

medical history questionnaire completed by a registrant of the

Illinois Adoption Registry and Medical Information Exchange.

"Non-certified Copy of the Original Birth Certificate"

means a non-certified copy of the original certificate of live

birth of an adult adopted or surrendered person who was born in

Illinois.

"Proof of death" means a death certificate.

"Registrant" or "Registered Party" means a birth parent,

birth grandparent, birth sibling, birth aunt, birth uncle,

adopted or surrendered person 21 years of age or over, adoptive

parent or legal guardian of an adopted or surrendered person

under the age of 21, or adoptive parent, surviving spouse, or

adult child of a deceased adopted or surrendered person who has

filed an Illinois Adoption Registry Application or

Registration Identification Form with the Registry.

"Registry" means the Illinois Adoption Registry and

Medical Information Exchange.

"Request for a Non-Certified Copy of an Original Birth

Certificate" means an affidavit completed by an adult adopted

or surrendered person or by the surviving adult child or

surviving spouse of a deceased adopted or surrendered person

and filed with the Registry requesting a non-certified copy of

an adult adopted or surrendered person's original certificate

of live birth in Illinois.

"Surrendered person" means a person whose parents' rights

have been surrendered or terminated but who has not been

adopted.

"Surviving spouse" means the wife or husband, 21 years of

age or older, of a deceased adopted or surrendered person who

would be 21 years of age or older if still alive and who has one

or more surviving biological children who are under the age of

21.

"18.3 statement" means a statement regarding the

disclosure of identifying information signed by a birth parent

under Section 18.3 of this Act as it existed immediately prior

to May 21, 2010 (the effective date of Public Act 96-895) this

amendatory Act of the 96th General Assembly.

(Source: P.A. 98-704, eff. 1-1-15; 99-85, eff. 1-1-16; 99-345,

eff. 1-1-16; revised 10-22-15.)

Section 595. The Illinois Domestic Violence Act of 1986 is

amended by changing Sections 214 and 227 as follows:

(750 ILCS 60/214) (from Ch. 40, par. 2312-14)

Sec. 214. Order of protection; remedies.

(a) Issuance of order. If the court finds that petitioner

has been abused by a family or household member or that

petitioner is a high-risk adult who has been abused, neglected,

or exploited, as defined in this Act, an order of protection

prohibiting the abuse, neglect, or exploitation shall issue;

provided that petitioner must also satisfy the requirements of

one of the following Sections, as appropriate: Section 217 on

emergency orders, Section 218 on interim orders, or Section 219

on plenary orders. Petitioner shall not be denied an order of

protection because petitioner or respondent is a minor. The

court, when determining whether or not to issue an order of

protection, shall not require physical manifestations of abuse

on the person of the victim. Modification and extension of

prior orders of protection shall be in accordance with this

Act.

(b) Remedies and standards. The remedies to be included in

an order of protection shall be determined in accordance with

this Section and one of the following Sections, as appropriate:

Section 217 on emergency orders, Section 218 on interim orders,

and Section 219 on plenary orders. The remedies listed in this

subsection shall be in addition to other civil or criminal

remedies available to petitioner.

(1) Prohibition of abuse, neglect, or exploitation.

Prohibit respondent's harassment, interference with

personal liberty, intimidation of a dependent, physical

abuse, or willful deprivation, neglect or exploitation, as

defined in this Act, or stalking of the petitioner, as

defined in Section 12-7.3 of the Criminal Code of 2012, if

such abuse, neglect, exploitation, or stalking has

occurred or otherwise appears likely to occur if not

prohibited.

(2) Grant of exclusive possession of residence.

Prohibit respondent from entering or remaining in any

residence, household, or premises of the petitioner,

including one owned or leased by respondent, if petitioner

has a right to occupancy thereof. The grant of exclusive

possession of the residence, household, or premises shall

not affect title to real property, nor shall the court be

limited by the standard set forth in Section 701 of the

Illinois Marriage and Dissolution of Marriage Act.

(A) Right to occupancy. A party has a right to

occupancy of a residence or household if it is solely

or jointly owned or leased by that party, that party's

spouse, a person with a legal duty to support that

party or a minor child in that party's care, or by any

person or entity other than the opposing party that

authorizes that party's occupancy (e.g., a domestic

violence shelter). Standards set forth in subparagraph

(B) shall not preclude equitable relief.

(B) Presumption of hardships. If petitioner and

respondent each has the right to occupancy of a

residence or household, the court shall balance (i) the

hardships to respondent and any minor child or

dependent adult in respondent's care resulting from

entry of this remedy with (ii) the hardships to

petitioner and any minor child or dependent adult in

petitioner's care resulting from continued exposure to

the risk of abuse (should petitioner remain at the

residence or household) or from loss of possession of

the residence or household (should petitioner leave to

avoid the risk of abuse). When determining the balance

of hardships, the court shall also take into account

the accessibility of the residence or household.

Hardships need not be balanced if respondent does not

have a right to occupancy.

The balance of hardships is presumed to favor

possession by petitioner unless the presumption is

rebutted by a preponderance of the evidence, showing

that the hardships to respondent substantially

outweigh the hardships to petitioner and any minor

child or dependent adult in petitioner's care. The

court, on the request of petitioner or on its own

motion, may order respondent to provide suitable,

accessible, alternate housing for petitioner instead

of excluding respondent from a mutual residence or

household.

(3) Stay away order and additional prohibitions. Order

respondent to stay away from petitioner or any other person

protected by the order of protection, or prohibit

respondent from entering or remaining present at

petitioner's school, place of employment, or other

specified places at times when petitioner is present, or

both, if reasonable, given the balance of hardships.

Hardships need not be balanced for the court to enter a

stay away order or prohibit entry if respondent has no

right to enter the premises.

(A) If an order of protection grants petitioner

exclusive possession of the residence, or prohibits

respondent from entering the residence, or orders

respondent to stay away from petitioner or other

protected persons, then the court may allow respondent

access to the residence to remove items of clothing and

personal adornment used exclusively by respondent,

medications, and other items as the court directs. The

right to access shall be exercised on only one occasion

as the court directs and in the presence of an

agreed-upon adult third party or law enforcement

officer.

(B) When the petitioner and the respondent attend

the same public, private, or non-public elementary,

middle, or high school, the court when issuing an order

of protection and providing relief shall consider the

severity of the act, any continuing physical danger or

emotional distress to the petitioner, the educational

rights guaranteed to the petitioner and respondent

under federal and State law, the availability of a

transfer of the respondent to another school, a change

of placement or a change of program of the respondent,

the expense, difficulty, and educational disruption

that would be caused by a transfer of the respondent to

another school, and any other relevant facts of the

case. The court may order that the respondent not

attend the public, private, or non-public elementary,

middle, or high school attended by the petitioner,

order that the respondent accept a change of placement

or change of program, as determined by the school

district or private or non-public school, or place

restrictions on the respondent's movements within the

school attended by the petitioner. The respondent

bears the burden of proving by a preponderance of the

evidence that a transfer, change of placement, or

change of program of the respondent is not available.

The respondent also bears the burden of production with

respect to the expense, difficulty, and educational

disruption that would be caused by a transfer of the

respondent to another school. A transfer, change of

placement, or change of program is not unavailable to

the respondent solely on the ground that the respondent

does not agree with the school district's or private or

non-public school's transfer, change of placement, or

change of program or solely on the ground that the

respondent fails or refuses to consent or otherwise

does not take an action required to effectuate a

transfer, change of placement, or change of program.

When a court orders a respondent to stay away from the

public, private, or non-public school attended by the

petitioner and the respondent requests a transfer to

another attendance center within the respondent's

school district or private or non-public school, the

school district or private or non-public school shall

have sole discretion to determine the attendance

center to which the respondent is transferred. In the

event the court order results in a transfer of the

minor respondent to another attendance center, a

change in the respondent's placement, or a change of

the respondent's program, the parents, guardian, or

legal custodian of the respondent is responsible for

transportation and other costs associated with the

transfer or change.

(C) The court may order the parents, guardian, or

legal custodian of a minor respondent to take certain

actions or to refrain from taking certain actions to

ensure that the respondent complies with the order. In

the event the court orders a transfer of the respondent

to another school, the parents, guardian, or legal

custodian of the respondent is responsible for

transportation and other costs associated with the

change of school by the respondent.

(4) Counseling. Require or recommend the respondent to

undergo counseling for a specified duration with a social

worker, psychologist, clinical psychologist, psychiatrist,

family service agency, alcohol or substance abuse program,

mental health center guidance counselor, agency providing

services to elders, program designed for domestic violence

abusers or any other guidance service the court deems

appropriate. The Court may order the respondent in any

intimate partner relationship to report to an Illinois

Department of Human Services protocol approved partner

abuse intervention program for an assessment and to follow

all recommended treatment.

(5) Physical care and possession of the minor child. In

order to protect the minor child from abuse, neglect, or

unwarranted separation from the person who has been the

minor child's primary caretaker, or to otherwise protect

the well-being of the minor child, the court may do either

or both of the following: (i) grant petitioner physical

care or possession of the minor child, or both, or (ii)

order respondent to return a minor child to, or not remove

a minor child from, the physical care of a parent or person

in loco parentis.

If a court finds, after a hearing, that respondent has

committed abuse (as defined in Section 103) of a minor

child, there shall be a rebuttable presumption that

awarding physical care to respondent would not be in the

minor child's best interest.

(6) Temporary allocation of parental responsibilities:

significant decision-making. Award temporary

decision-making responsibility to petitioner in accordance

with this Section, the Illinois Marriage and Dissolution of

Marriage Act, the Illinois Parentage Act of 2015, and this

State's Uniform Child-Custody Jurisdiction and Enforcement

Act.

If a court finds, after a hearing, that respondent has

committed abuse (as defined in Section 103) of a minor

child, there shall be a rebuttable presumption that

awarding temporary significant decision-making

responsibility to respondent would not be in the child's

best interest.

(7) Parenting time. Determine the parenting time, if

any, of respondent in any case in which the court awards

physical care or allocates temporary significant

decision-making responsibility of a minor child to

petitioner. The court shall restrict or deny respondent's

parenting time with a minor child if the court finds that

respondent has done or is likely to do any of the

following: (i) abuse or endanger the minor child during

parenting time; (ii) use the parenting time as an

opportunity to abuse or harass petitioner or petitioner's

family or household members; (iii) improperly conceal or

detain the minor child; or (iv) otherwise act in a manner

that is not in the best interests of the minor child. The

court shall not be limited by the standards set forth in

Section 603.10 of the Illinois Marriage and Dissolution of

Marriage Act. If the court grants parenting time, the order

shall specify dates and times for the parenting time to

take place or other specific parameters or conditions that

are appropriate. No order for parenting time shall refer

merely to the term "reasonable parenting time".

Petitioner may deny respondent access to the minor

child if, when respondent arrives for parenting time,

respondent is under the influence of drugs or alcohol and

constitutes a threat to the safety and well-being of

petitioner or petitioner's minor children or is behaving in

a violent or abusive manner.

If necessary to protect any member of petitioner's

family or household from future abuse, respondent shall be

prohibited from coming to petitioner's residence to meet

the minor child for parenting time, and the parties shall

submit to the court their recommendations for reasonable

alternative arrangements for parenting time. A person may

be approved to supervise parenting time only after filing

an affidavit accepting that responsibility and

acknowledging accountability to the court.

(8) Removal or concealment of minor child. Prohibit

respondent from removing a minor child from the State or

concealing the child within the State.

(9) Order to appear. Order the respondent to appear in

court, alone or with a minor child, to prevent abuse,

neglect, removal or concealment of the child, to return the

child to the custody or care of the petitioner or to permit

any court-ordered interview or examination of the child or

the respondent.

(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if

respondent has possession or control, direct respondent to

promptly make it available to petitioner, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the parties own the property jointly; sharing

it would risk abuse of petitioner by respondent or is

impracticable; and the balance of hardships favors

temporary possession by petitioner.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may award

petitioner temporary possession thereof under the

standards of subparagraph (ii) of this paragraph only if a

proper proceeding has been filed under the Illinois

Marriage and Dissolution of Marriage Act, as now or

hereafter amended.

No order under this provision shall affect title to

property.

(11) Protection of property. Forbid the respondent

from taking, transferring, encumbering, concealing,

damaging or otherwise disposing of any real or personal

property, except as explicitly authorized by the court, if:

(i) petitioner, but not respondent, owns the

property; or

(ii) the parties own the property jointly, and the

balance of hardships favors granting this remedy.

If petitioner's sole claim to ownership of the property

is that it is marital property, the court may grant

petitioner relief under subparagraph (ii) of this

paragraph only if a proper proceeding has been filed under

the Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended.

The court may further prohibit respondent from

improperly using the financial or other resources of an

aged member of the family or household for the profit or

advantage of respondent or of any other person.

(11.5) Protection of animals. Grant the petitioner the

exclusive care, custody, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner

or the respondent or a minor child residing in the

residence or household of either the petitioner or the

respondent and order the respondent to stay away from the

animal and forbid the respondent from taking,

transferring, encumbering, concealing, harming, or

otherwise disposing of the animal.

(12) Order for payment of support. Order respondent to

pay temporary support for the petitioner or any child in

the petitioner's care or over whom the petitioner has been

allocated parental responsibility, when the respondent has

a legal obligation to support that person, in accordance

with the Illinois Marriage and Dissolution of Marriage Act,

which shall govern, among other matters, the amount of

support, payment through the clerk and withholding of

income to secure payment. An order for child support may be

granted to a petitioner with lawful physical care of a

child, or an order or agreement for physical care of a

child, prior to entry of an order allocating significant

decision-making responsibility. Such a support order shall

expire upon entry of a valid order allocating parental

responsibility differently and vacating the petitioner's

significant decision-making authority, unless otherwise

provided in the order.

(13) Order for payment of losses. Order respondent to

pay petitioner for losses suffered as a direct result of

the abuse, neglect, or exploitation. Such losses shall

include, but not be limited to, medical expenses, lost

earnings or other support, repair or replacement of

property damaged or taken, reasonable attorney's fees,

court costs and moving or other travel expenses, including

additional reasonable expenses for temporary shelter and

restaurant meals.

(i) Losses affecting family needs. If a party is

entitled to seek maintenance, child support or

property distribution from the other party under the

Illinois Marriage and Dissolution of Marriage Act, as

now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to

the extent that such reimbursement would be

"appropriate temporary relief", as authorized by

subsection (a)(3) of Section 501 of that Act.

(ii) Recovery of expenses. In the case of an

improper concealment or removal of a minor child, the

court may order respondent to pay the reasonable

expenses incurred or to be incurred in the search for

and recovery of the minor child, including but not

limited to legal fees, court costs, private

investigator fees, and travel costs.

(14) Prohibition of entry. Prohibit the respondent

from entering or remaining in the residence or household

while the respondent is under the influence of alcohol or

drugs and constitutes a threat to the safety and well-being

of the petitioner or the petitioner's children.

(14.5) Prohibition of firearm possession.

(a) Prohibit a respondent against whom an order of

protection was issued from possessing any firearms

during the duration of the order if the order:

(1) was issued after a hearing of which such

person received actual notice, and at which such

person had an opportunity to participate;

(2) restrains such person from harassing,

stalking, or threatening an intimate partner of

such person or child of such intimate partner or

person, or engaging in other conduct that would

place an intimate partner in reasonable fear of

bodily injury to the partner or child; and

(3)(i) includes a finding that such person

represents a credible threat to the physical

safety of such intimate partner or child; or (ii)

by its terms explicitly prohibits the use,

attempted use, or threatened use of physical force

against such intimate partner or child that would

reasonably be expected to cause bodily injury.

Any Firearm Owner's Identification Card in the

possession of the respondent, except as provided in

subsection (b), shall be ordered by the court to be

turned over to the local law enforcement agency. The

local law enforcement agency shall immediately mail

the card to the Department of State Police Firearm

Owner's Identification Card Office for safekeeping.

The court shall issue a warrant for seizure of any

firearm in the possession of the respondent, to be kept

by the local law enforcement agency for safekeeping,

except as provided in subsection (b). The period of

safekeeping shall be for the duration of the order of

protection. The firearm or firearms and Firearm

Owner's Identification Card, if unexpired, shall at

the respondent's request, be returned to the

respondent at the end of the order of protection. It is

the respondent's responsibility to notify the

Department of State Police Firearm Owner's

Identification Card Office.

(b) If the respondent is a peace officer as defined

in Section 2-13 of the Criminal Code of 2012, the court

shall order that any firearms used by the respondent in

the performance of his or her duties as a peace officer

be surrendered to the chief law enforcement executive

of the agency in which the respondent is employed, who

shall retain the firearms for safekeeping for the

duration of the order of protection.

(c) Upon expiration of the period of safekeeping,

if the firearms or Firearm Owner's Identification Card

cannot be returned to respondent because respondent

cannot be located, fails to respond to requests to

retrieve the firearms, or is not lawfully eligible to

possess a firearm, upon petition from the local law

enforcement agency, the court may order the local law

enforcement agency to destroy the firearms, use the

firearms for training purposes, or for any other

application as deemed appropriate by the local law

enforcement agency; or that the firearms be turned over

to a third party who is lawfully eligible to possess

firearms, and who does not reside with respondent.

(15) Prohibition of access to records. If an order of

protection prohibits respondent from having contact with

the minor child, or if petitioner's address is omitted

under subsection (b) of Section 203, or if necessary to

prevent abuse or wrongful removal or concealment of a minor

child, the order shall deny respondent access to, and

prohibit respondent from inspecting, obtaining, or

attempting to inspect or obtain, school or any other

records of the minor child who is in the care of

petitioner.

(16) Order for payment of shelter services. Order

respondent to reimburse a shelter providing temporary

housing and counseling services to the petitioner for the

cost of the services, as certified by the shelter and

deemed reasonable by the court.

(17) Order for injunctive relief. Enter injunctive

relief necessary or appropriate to prevent further abuse of

a family or household member or further abuse, neglect, or

exploitation of a high-risk adult with disabilities or to

effectuate one of the granted remedies, if supported by the

balance of hardships. If the harm to be prevented by the

injunction is abuse or any other harm that one of the

remedies listed in paragraphs (1) through (16) of this

subsection is designed to prevent, no further evidence is

necessary that the harm is an irreparable injury.

(c) Relevant factors; findings.

(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider

relevant factors, including but not limited to the

following:

(i) the nature, frequency, severity, pattern and

consequences of the respondent's past abuse, neglect

or exploitation of the petitioner or any family or

household member, including the concealment of his or

her location in order to evade service of process or

notice, and the likelihood of danger of future abuse,

neglect, or exploitation to petitioner or any member of

petitioner's or respondent's family or household; and

(ii) the danger that any minor child will be abused

or neglected or improperly relocated from the

jurisdiction, improperly concealed within the State or

improperly separated from the child's primary

caretaker.

(2) In comparing relative hardships resulting to the

parties from loss of possession of the family home, the

court shall consider relevant factors, including but not

limited to the following:

(i) availability, accessibility, cost, safety,

adequacy, location and other characteristics of

alternate housing for each party and any minor child or

dependent adult in the party's care;

(ii) the effect on the party's employment; and

(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's

care, to family, school, church and community.

(3) Subject to the exceptions set forth in paragraph

(4) of this subsection, the court shall make its findings

in an official record or in writing, and shall at a minimum

set forth the following:

(i) That the court has considered the applicable

relevant factors described in paragraphs (1) and (2) of

this subsection.

(ii) Whether the conduct or actions of respondent,

unless prohibited, will likely cause irreparable harm

or continued abuse.

(iii) Whether it is necessary to grant the

requested relief in order to protect petitioner or

other alleged abused persons.

(4) For purposes of issuing an ex parte emergency order

of protection, the court, as an alternative to or as a

supplement to making the findings described in paragraphs

(c)(3)(i) through (c)(3)(iii) of this subsection, may use

the following procedure:

When a verified petition for an emergency order of

protection in accordance with the requirements of Sections

203 and 217 is presented to the court, the court shall

examine petitioner on oath or affirmation. An emergency

order of protection shall be issued by the court if it

appears from the contents of the petition and the

examination of petitioner that the averments are

sufficient to indicate abuse by respondent and to support

the granting of relief under the issuance of the emergency

order of protection.

(5) Never married parties. No rights or

responsibilities for a minor child born outside of marriage

attach to a putative father until a father and child

relationship has been established under the Illinois

Parentage Act of 1984, the Illinois Parentage Act of 2015,

the Illinois Public Aid Code, Section 12 of the Vital

Records Act, the Juvenile Court Act of 1987, the Probate

Act of 1985, the Revised Uniform Reciprocal Enforcement of

Support Act, the Uniform Interstate Family Support Act, the

Expedited Child Support Act of 1990, any judicial,

administrative, or other act of another state or territory,

any other Illinois statute, or by any foreign nation

establishing the father and child relationship, any other

proceeding substantially in conformity with the Personal

Responsibility and Work Opportunity Reconciliation Act of

1996 (Pub. L. 104-193), or where both parties appeared in

open court or at an administrative hearing acknowledging

under oath or admitting by affirmation the existence of a

father and child relationship. Absent such an

adjudication, finding, or acknowledgement, no putative

father shall be granted temporary allocation of parental

responsibilities, including parenting time with the minor

child, or physical care and possession of the minor child,

nor shall an order of payment for support of the minor

child be entered.

(d) Balance of hardships; findings. If the court finds that

the balance of hardships does not support the granting of a

remedy governed by paragraph (2), (3), (10), (11), or (16) of

subsection (b) of this Section, which may require such

balancing, the court's findings shall so indicate and shall

include a finding as to whether granting the remedy will result

in hardship to respondent that would substantially outweigh the

hardship to petitioner from denial of the remedy. The findings

shall be an official record or in writing.

(e) Denial of remedies. Denial of any remedy shall not be

based, in whole or in part, on evidence that:

(1) Respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of

force provided by Article 7 of the Criminal Code of 2012;

(2) Respondent was voluntarily intoxicated;

(3) Petitioner acted in self-defense or defense of

another, provided that, if petitioner utilized force, such

force was justifiable under Article 7 of the Criminal Code

of 2012;

(4) Petitioner did not act in self-defense or defense

of another;

(5) Petitioner left the residence or household to avoid

further abuse, neglect, or exploitation by respondent;

(6) Petitioner did not leave the residence or household

to avoid further abuse, neglect, or exploitation by

respondent;

(7) Conduct by any family or household member excused

the abuse, neglect, or exploitation by respondent, unless

that same conduct would have excused such abuse, neglect,

or exploitation if the parties had not been family or

household members.

(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; revised

10-19-15.)

(750 ILCS 60/227) (from Ch. 40, par. 2312-27)

Sec. 227. Privileged communications between domestic

violence counselors and victims.

(a) As used in this Section:

(1) "Domestic violence program" means any unit of local

government, organization, or association whose major

purpose is to provide one or more of the following:

information, crisis intervention, emergency shelter,

referral, counseling, advocacy, or emotional support to

victims of domestic violence.

(2) "Domestic violence advocate or counselor" means

any person (A) who has undergone a minimum of forty hours

of training in domestic violence advocacy, crisis

intervention, and related areas, and (B) who provides

services to victims through a domestic violence program

either on an employed or volunteer basis.

(3) "Confidential communication" means any

communication between an alleged victim of domestic

violence and a domestic violence advocate or counselor in

the course of providing information, counseling, or

advocacy. The term includes all records kept by the

advocate or counselor or by the domestic violence program

in the course of providing services to an alleged victim

concerning the alleged victim and the services provided.

The confidential nature of the communication is not waived

by the presence at the time of the communication of any

additional persons, including but not limited to an

interpreter, to further express the interests of the

domestic violence victim or by the advocate's or

counselor's disclosure to such an additional person with

the consent of the victim when reasonably necessary to

accomplish the purpose for which the advocate or counselor

is consulted.

(4) "Domestic violence victim" means any person who

consults a domestic violence counselor for the purpose of

securing advice, counseling or assistance related to one or

more alleged incidents of domestic violence.

(5) "Domestic violence" means abuse as defined in this

Act the Illinois Domestic Violence Act.

(b) No domestic violence advocate or counselor shall

disclose any confidential communication or be examined as a

witness in any civil or criminal case or proceeding or in any

legislative or administrative proceeding without the written

consent of the domestic violence victim except (1) in

accordance with the provisions of the Abused and Neglected

Child Reporting Act or (2) in cases where failure to disclose

is likely to result in an imminent risk of serious bodily harm

or death of the victim or another person.

(c) A domestic violence advocate or counselor who knowingly

discloses any confidential communication in violation of this

Act commits a Class A misdemeanor.

(d) When a domestic violence victim is deceased or has been

adjudged incompetent by a court of competent jurisdiction, the

guardian of the domestic violence victim or the executor or

administrator of the estate of the domestic violence victim may

waive the privilege established by this Section, except where

the guardian, executor or administrator of the estate has been

charged with a violent crime against the domestic violence

victim or has had an Order of Protection entered against him or

her at the request of or on behalf of the domestic violence

victim or otherwise has an interest adverse to that of the

domestic violence victim with respect to the waiver of the

privilege. In that case, the court shall appoint an attorney

for the estate of the domestic violence victim.

(e) A minor may knowingly waive the privilege established

by this Section. Where a minor is, in the opinion of the court,

incapable of knowingly waiving the privilege, the parent or

guardian of the minor may waive the privilege on behalf of the

minor, except where such parent or guardian has been charged

with a violent crime against the minor or has had an Order of

Protection entered against him or her on request of or on

behalf of the minor or otherwise has any interest adverse to

that of the minor with respect to the waiver of the privilege.

In that case, the court shall appoint an attorney for the minor

child who shall be compensated in accordance with Section 506

of the Illinois Marriage and Dissolution of Marriage Act.

(f) Nothing in this Section shall be construed to limit in

any way any privilege that might otherwise exist under statute

or common law.

(g) The assertion of any privilege under this Section shall

not result in an inference unfavorable to the State's cause or

to the cause of the domestic violence victim.

(Source: P.A. 87-1186; revised 10-20-15.)

Section 600. The Probate Act of 1975 is amended by changing

Sections 11a-4, 11a-10, and 11a-18 as follows:

(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 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 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. The temporary guardian shall have the limited

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 to extend the

temporary guardianship so as to protect the alleged person

with a disability 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. 99-70, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-21-15.)

(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 mentally ill, persons

with physical disabilities, the elderly, or persons with a

disability due to 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, persons

with physical disabilities, or persons with a disability due to

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 inquiries 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 this Act 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. 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. 98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756,

eff. 7-16-14; 99-143, eff. 7-27-15; revised 10-19-15.)

(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.

(d-5) Upon a verified petition by the plenary or limited

guardian of the estate or the request of the ward that is

accompanied by a current physician's report that states the

ward possesses testamentary capacity, the court may enter an

order authorizing the ward to execute a will or codicil. In so

ordering, the court shall authorize the guardian to retain

independent counsel for the ward with whom the ward may execute

or modify a will or codicil.

(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, 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. 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.

(Source: P.A. 99-143, eff. 7-27-15; 99-302, eff. 1-1-16;

revised 10-21-15.)

Section 605. The Condominium Property Act is amended by

changing Section 18 as follows:

(765 ILCS 605/18) (from Ch. 30, par. 318)

(Text of Section before amendment by P.A. 99-472)

Sec. 18. Contents of bylaws. The bylaws shall provide for

at least the following:

(a)(1) The election from among the unit owners of a board

of managers, the number of persons constituting such board, and

that the terms of at least one-third of the members of the

board shall expire annually and that all members of the board

shall be elected at large; if . If there are multiple owners of

a single unit, only one of the multiple owners shall be

eligible to serve as a member of the board at any one time; .

(2) the powers and duties of the board;

(3) the compensation, if any, of the members of the board;

(4) the method of removal from office of members of the

board;

(5) that the board may engage the services of a manager or

managing agent;

(6) that each unit owner shall receive, at least 30 days

prior to the adoption thereof by the board of managers, a copy

of the proposed annual budget together with an indication of

which portions are intended for reserves, capital expenditures

or repairs or payment of real estate taxes;

(7) that the board of managers shall annually supply to all

unit owners an itemized accounting of the common expenses for

the preceding year actually incurred or paid, together with an

indication of which portions were for reserves, capital

expenditures or repairs or payment of real estate taxes and

with a tabulation of the amounts collected pursuant to the

budget or assessment, and showing the net excess or deficit of

income over expenditures plus reserves;

(8)(i) that each unit owner shall receive notice, in the

same manner as is provided in this Act for membership meetings,

of any meeting of the board of managers concerning the adoption

of the proposed annual budget and regular assessments pursuant

thereto or to adopt a separate (special) assessment, (ii) that

except as provided in subsection (iv) below, if an adopted

budget or any separate assessment adopted by the board would

result in the sum of all regular and separate assessments

payable in the current fiscal year exceeding 115% of the sum of

all regular and separate assessments payable during the

preceding fiscal year, the board of managers, upon written

petition by unit owners with 20 percent of the votes of the

association delivered to the board within 14 days of the board

action, shall call a meeting of the unit owners within 30 days

of the date of delivery of the petition to consider the budget

or separate assessment; unless a majority of the total votes of

the unit owners are cast at the meeting to reject the budget or

separate assessment, it is ratified, (iii) that any common

expense not set forth in the budget or any increase in

assessments over the amount adopted in the budget shall be

separately assessed against all unit owners, (iv) that separate

assessments for expenditures relating to emergencies or

mandated by law may be adopted by the board of managers without

being subject to unit owner approval or the provisions of item

(ii) above or item (v) below. As used herein, "emergency" means

an immediate danger to the structural integrity of the common

elements or to the life, health, safety or property of the unit

owners, (v) that assessments for additions and alterations to

the common elements or to association-owned property not

included in the adopted annual budget, shall be separately

assessed and are subject to approval of two-thirds of the total

votes of all unit owners, (vi) that the board of managers may

adopt separate assessments payable over more than one fiscal

year. With respect to multi-year assessments not governed by

items (iv) and (v), the entire amount of the multi-year

assessment shall be deemed considered and authorized in the

first fiscal year in which the assessment is approved;

(9) that meetings of the board of managers shall be open to

any unit owner, except for the portion of any meeting held (i)

to discuss litigation when an action against or on behalf of

the particular association has been filed and is pending in a

court or administrative tribunal, or when the board of managers

finds that such an action is probable or imminent, (ii) to

consider information regarding appointment, employment or

dismissal of an employee, or (iii) to discuss violations of

rules and regulations of the association or a unit owner's

unpaid share of common expenses; that any vote on these matters

shall be taken at a meeting or portion thereof open to any unit

owner; that any unit owner may record the proceedings at

meetings or portions thereof required to be open by this Act by

tape, film or other means; that the board may prescribe

reasonable rules and regulations to govern the right to make

such recordings, that notice of such meetings shall be mailed

or delivered at least 48 hours prior thereto, unless a written

waiver of such notice is signed by the person or persons

entitled to such notice pursuant to the declaration, bylaws,

other condominium instrument, or provision of law other than

this subsection before the meeting is convened, and that copies

of notices of meetings of the board of managers shall be posted

in entranceways, elevators, or other conspicuous places in the

condominium at least 48 hours prior to the meeting of the board

of managers except where there is no common entranceway for 7

or more units, the board of managers may designate one or more

locations in the proximity of these units where the notices of

meetings shall be posted;

(10) that the board shall meet at least 4 times annually;

(11) that no member of the board or officer shall be

elected for a term of more than 2 years, but that officers and

board members may succeed themselves;

(12) the designation of an officer to mail and receive all

notices and execute amendments to condominium instruments as

provided for in this Act and in the condominium instruments;

(13) the method of filling vacancies on the board which

shall include authority for the remaining members of the board

to fill the vacancy by two-thirds vote until the next annual

meeting of unit owners or for a period terminating no later

than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting a

meeting of the unit owners to fill the vacancy for the balance

of the term, and that a meeting of the unit owners shall be

called for purposes of filling a vacancy on the board no later

than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting

such a meeting, and the method of filling vacancies among the

officers that shall include the authority for the members of

the board to fill the vacancy for the unexpired portion of the

term;

(14) what percentage of the board of managers, if other

than a majority, shall constitute a quorum;

(15) provisions concerning notice of board meetings to

members of the board;

(16) the board of managers may not enter into a contract

with a current board member or with a corporation or

partnership in which a board member or a member of the board

member's immediate family has 25% or more interest, unless

notice of intent to enter the contract is given to unit owners

within 20 days after a decision is made to enter into the

contract and the unit owners are afforded an opportunity by

filing a petition, signed by 20% of the unit owners, for an

election to approve or disapprove the contract; such petition

shall be filed within 20 days after such notice and such

election shall be held within 30 days after filing the

petition; for purposes of this subsection, a board member's

immediate family means the board member's spouse, parents, and

children;

(17) that the board of managers may disseminate to unit

owners biographical and background information about

candidates for election to the board if (i) reasonable efforts

to identify all candidates are made and all candidates are

given an opportunity to include biographical and background

information in the information to be disseminated; and (ii) the

board does not express a preference in favor of any candidate;

(18) any proxy distributed for board elections by the board

of managers gives unit owners the opportunity to designate any

person as the proxy holder, and gives the unit owner the

opportunity to express a preference for any of the known

candidates for the board or to write in a name;

(19) that special meetings of the board of managers can be

called by the president or 25% of the members of the board; and

(20) that the board of managers may establish and maintain

a system of master metering of public utility services and

collect payments in connection therewith, subject to the

requirements of the Tenant Utility Payment Disclosure Act.

(b)(1) What percentage of the unit owners, if other than

20%, shall constitute a quorum provided that, for condominiums

with 20 or more units, the percentage of unit owners

constituting a quorum shall be 20% unless the unit owners

holding a majority of the percentage interest in the

association provide for a higher percentage, provided that in

voting on amendments to the association's bylaws, a unit owner

who is in arrears on the unit owner's regular or separate

assessments for 60 days or more, shall not be counted for

purposes of determining if a quorum is present, but that unit

owner retains the right to vote on amendments to the

association's bylaws;

(2) that the association shall have one class of

membership;

(3) that the members shall hold an annual meeting, one of

the purposes of which shall be to elect members of the board of

managers;

(4) the method of calling meetings of the unit owners;

(5) that special meetings of the members can be called by

the president, board of managers, or by 20% of unit owners;

(6) that written notice of any membership meeting shall be

mailed or delivered giving members no less than 10 and no more

than 30 days notice of the time, place and purpose of such

meeting except that notice may be sent, to the extent the

condominium instruments or rules adopted thereunder expressly

so provide, by electronic transmission consented to by the unit

owner to whom the notice is given, provided the director and

officer or his agent certifies in writing to the delivery by

electronic transmission;

(7) that voting shall be on a percentage basis, and that

the percentage vote to which each unit is entitled is the

percentage interest of the undivided ownership of the common

elements appurtenant thereto, provided that the bylaws may

provide for approval by unit owners in connection with matters

where the requisite approval on a percentage basis is not

specified in this Act, on the basis of one vote per unit;

(8) that, where there is more than one owner of a unit, if

only one of the multiple owners is present at a meeting of the

association, he is entitled to cast all the votes allocated to

that unit, if more than one of the multiple owners are present,

the votes allocated to that unit may be cast only in accordance

with the agreement of a majority in interest of the multiple

owners, unless the declaration expressly provides otherwise,

that there is majority agreement if any one of the multiple

owners cast the votes allocated to that unit without protest

being made promptly to the person presiding over the meeting by

any of the other owners of the unit;

(9)(A) except as provided in subparagraph (B) of this

paragraph (9) in connection with board elections, that a unit

owner may vote by proxy executed in writing by the unit owner

or by his duly authorized attorney in fact; that the proxy must

bear the date of execution and, unless the condominium

instruments or the written proxy itself provide otherwise, is

invalid after 11 months from the date of its execution; to the

extent the condominium instruments or rules adopted thereunder

expressly so provide, a vote or proxy may be submitted by

electronic transmission, provided that any such electronic

transmission shall either set forth or be submitted with

information from which it can be determined that the electronic

transmission was authorized by the unit owner or the unit

owner's proxy;

(B) that if a rule adopted at least 120 days before a board

election or the declaration or bylaws provide for balloting as

set forth in this subsection, unit owners may not vote by proxy

in board elections, but may vote only (i) by submitting an

association-issued ballot in person at the election meeting or

(ii) by submitting an association-issued ballot to the

association or its designated agent by mail or other means of

delivery specified in the declaration, bylaws, or rule; that

the ballots shall be mailed or otherwise distributed to unit

owners not less than 10 and not more than 30 days before the

election meeting, and the board shall give unit owners not less

than 21 days' prior written notice of the deadline for

inclusion of a candidate's name on the ballots; that the

deadline shall be no more than 7 days before the ballots are

mailed or otherwise distributed to unit owners; that every such

ballot must include the names of all candidates who have given

the board or its authorized agent timely written notice of

their candidacy and must give the person casting the ballot the

opportunity to cast votes for candidates whose names do not

appear on the ballot; that a ballot received by the association

or its designated agent after the close of voting shall not be

counted; that a unit owner who submits a ballot by mail or

other means of delivery specified in the declaration, bylaws,

or rule may request and cast a ballot in person at the election

meeting, and thereby void any ballot previously submitted by

that unit owner;

(B-5) that if a rule adopted at least 120 days before a

board election or the declaration or bylaws provide for

balloting as set forth in this subparagraph, unit owners may

not vote by proxy in board elections, but may vote only (i) by

submitting an association-issued ballot in person at the

election meeting; or (ii) by any acceptable technological means

as defined in Section 2 of this Act; instructions regarding the

use of electronic means for voting shall be distributed to all

unit owners not less than 10 and not more than 30 days before

the election meeting, and the board shall give unit owners not

less than 21 days' prior written notice of the deadline for

inclusion of a candidate's name on the ballots; the deadline

shall be no more than 7 days before the instructions for voting

using electronic or acceptable technological means is

distributed to unit owners; every instruction notice must

include the names of all candidates who have given the board or

its authorized agent timely written notice of their candidacy

and must give the person voting through electronic or

acceptable technological means the opportunity to cast votes

for candidates whose names do not appear on the ballot; a unit

owner who submits a vote using electronic or acceptable

technological means may request and cast a ballot in person at

the election meeting, thereby voiding any vote previously

submitted by that unit owner;

(C) that if a written petition by unit owners with at least

20% of the votes of the association is delivered to the board

within 14 days after the board's approval of a rule adopted

pursuant to subparagraph (B) or subparagraph (B-5) of this

paragraph (9), the board shall call a meeting of the unit

owners within 30 days after the date of delivery of the

petition; that unless a majority of the total votes of the unit

owners are cast at the meeting to reject the rule, the rule is

ratified;

(D) that votes cast by ballot under subparagraph (B) or

electronic or acceptable technological means under

subparagraph (B-5) of this paragraph (9) are valid for the

purpose of establishing a quorum;

(10) that the association may, upon adoption of the

appropriate rules by the board of managers, conduct elections

by secret ballot whereby the voting ballot is marked only with

the percentage interest for the unit and the vote itself,

provided that the board further adopt rules to verify the

status of the unit owner issuing a proxy or casting a ballot;

and further, that a candidate for election to the board of

managers or such candidate's representative shall have the

right to be present at the counting of ballots at such

election;

(11) that in the event of a resale of a condominium unit

the purchaser of a unit from a seller other than the developer

pursuant to an installment contract for purchase shall during

such times as he or she resides in the unit be counted toward a

quorum for purposes of election of members of the board of

managers at any meeting of the unit owners called for purposes

of electing members of the board, shall have the right to vote

for the election of members of the board of managers and to be

elected to and serve on the board of managers unless the seller

expressly retains in writing any or all of such rights. In no

event may the seller and purchaser both be counted toward a

quorum, be permitted to vote for a particular office or be

elected and serve on the board. Satisfactory evidence of the

installment contract contact shall be made available to the

association or its agents. For purposes of this subsection,

"installment contract" contact" shall have the same meaning as

set forth in Section 1 (e) of the Dwelling Unit Installment

Contract Act "An Act relating to installment contracts to sell

dwelling structures", approved August 11, 1967, as amended;

(12) the method by which matters subject to the approval of

unit owners set forth in this Act, or in the condominium

instruments, will be submitted to the unit owners at special

membership meetings called for such purposes; and

(13) that matters subject to the affirmative vote of not

less than 2/3 of the votes of unit owners at a meeting duly

called for that purpose, shall include, but not be limited to:

(i) merger or consolidation of the association;

(ii) sale, lease, exchange, or other disposition

(excluding the mortgage or pledge) of all, or substantially

all of the property and assets of the association; and

(iii) the purchase or sale of land or of units on

behalf of all unit owners.

(c) Election of a president from among the board of

managers, who shall preside over the meetings of the board of

managers and of the unit owners.

(d) Election of a secretary from among the board of

managers, who shall keep the minutes of all meetings of the

board of managers and of the unit owners and who shall, in

general, perform all the duties incident to the office of

secretary.

(e) Election of a treasurer from among the board of

managers, who shall keep the financial records and books of

account.

(f) Maintenance, repair and replacement of the common

elements and payments therefor, including the method of

approving payment vouchers.

(g) An association with 30 or more units shall obtain and

maintain fidelity insurance covering persons who control or

disburse funds of the association for the maximum amount of

coverage available to protect funds in the custody or control

of the association plus the association reserve fund. All

management companies which are responsible for the funds held

or administered by the association shall maintain and furnish

to the association a fidelity bond for the maximum amount of

coverage available to protect funds in the custody of the

management company at any time. The association shall bear the

cost of the fidelity insurance and fidelity bond, unless

otherwise provided by contract between the association and a

management company. The association shall be the direct obligee

of any such fidelity bond. A management company holding reserve

funds of an association shall at all times maintain a separate

account for each association, provided, however, that for

investment purposes, the Board of Managers of an association

may authorize a management company to maintain the

association's reserve funds in a single interest bearing

account with similar funds of other associations. The

management company shall at all times maintain records

identifying all moneys of each association in such investment

account. The management company may hold all operating funds of

associations which it manages in a single operating account but

shall at all times maintain records identifying all moneys of

each association in such operating account. Such operating and

reserve funds held by the management company for the

association shall not be subject to attachment by any creditor

of the management company.

For the purpose of this subsection, a management company

shall be defined as a person, partnership, corporation, or

other legal entity entitled to transact business on behalf of

others, acting on behalf of or as an agent for a unit owner,

unit owners or association of unit owners for the purpose of

carrying out the duties, responsibilities, and other

obligations necessary for the day to day operation and

management of any property subject to this Act. For purposes of

this subsection, the term "fiduciary insurance coverage" shall

be defined as both a fidelity bond and directors and officers

liability coverage, the fidelity bond in the full amount of

association funds and association reserves that will be in the

custody of the association, and the directors and officers

liability coverage at a level as shall be determined to be

reasonable by the board of managers, if not otherwise

established by the declaration or by laws.

Until one year after September 21, 1985 (the effective date

of Public Act 84-722) this amendatory Act of 1985, if a

condominium association has reserves plus assessments in

excess of $250,000 and cannot reasonably obtain 100% fidelity

bond coverage for such amount, then it must obtain a fidelity

bond coverage of $250,000.

(h) Method of estimating the amount of the annual budget,

and the manner of assessing and collecting from the unit owners

their respective shares of such estimated expenses, and of any

other expenses lawfully agreed upon.

(i) That upon 10 days notice to the manager or board of

managers and payment of a reasonable fee, any unit owner shall

be furnished a statement of his account setting forth the

amount of any unpaid assessments or other charges due and owing

from such owner.

(j) Designation and removal of personnel necessary for the

maintenance, repair and replacement of the common elements.

(k) Such restrictions on and requirements respecting the

use and maintenance of the units and the use of the common

elements, not set forth in the declaration, as are designed to

prevent unreasonable interference with the use of their

respective units and of the common elements by the several unit

owners.

(l) Method of adopting and of amending administrative rules

and regulations governing the operation and use of the common

elements.

(m) The percentage of votes required to modify or amend the

bylaws, but each one of the particulars set forth in this

section shall always be embodied in the bylaws.

(n)(i) The provisions of this Act, the declaration, bylaws,

other condominium instruments, and rules and regulations that

relate to the use of the individual unit or the common elements

shall be applicable to any person leasing a unit and shall be

deemed to be incorporated in any lease executed or renewed on

or after August 30, 1984 (the effective date of Public Act

83-1271) this amendatory Act of 1984.

(ii) With regard to any lease entered into subsequent to

July 1, 1990 (the effective date of Public Act 86-991) this

amendatory Act of 1989, the unit owner leasing the unit shall

deliver a copy of the signed lease to the board or if the lease

is oral, a memorandum of the lease, not later than the date of

occupancy or 10 days after the lease is signed, whichever

occurs first. In addition to any other remedies, by filing an

action jointly against the tenant and the unit owner, an

association may seek to enjoin a tenant from occupying a unit

or seek to evict a tenant under the provisions of Article IX of

the Code of Civil Procedure for failure of the lessor-owner to

comply with the leasing requirements prescribed by this Section

or by the declaration, bylaws, and rules and regulations. The

board of managers may proceed directly against a tenant, at law

or in equity, or under the provisions of Article IX of the Code

of Civil Procedure, for any other breach by tenant of any

covenants, rules, regulations or bylaws.

(o) The association shall have no authority to forbear the

payment of assessments by any unit owner.

(p) That when 30% or fewer of the units, by number, possess

over 50% in the aggregate of the votes in the association, any

percentage vote of members specified herein or in the

condominium instruments shall require the specified percentage

by number of units rather than by percentage of interest in the

common elements allocated to units that would otherwise be

applicable and garage units or storage units, or both, shall

have, in total, no more votes than their aggregate percentage

of ownership in the common elements; this shall mean that if

garage units or storage units, or both, are to be given a vote,

or portion of a vote, that the association must add the total

number of votes cast of garage units, storage units, or both,

and divide the total by the number of garage units, storage

units, or both, and multiply by the aggregate percentage of

ownership of garage units and storage units to determine the

vote, or portion of a vote, that garage units or storage units,

or both, have. For purposes of this subsection (p), when making

a determination of whether 30% or fewer of the units, by

number, possess over 50% in the aggregate of the votes in the

association, a unit shall not include a garage unit or a

storage unit.

(q) That a unit owner may not assign, delegate, transfer,

surrender, or avoid the duties, responsibilities, and

liabilities of a unit owner under this Act, the condominium

instruments, or the rules and regulations of the Association;

and that such an attempted assignment, delegation, transfer,

surrender, or avoidance shall be deemed void.

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 which fails to contain the

provisions required by this Section shall be deemed to

incorporate such provisions by operation of law.

(Source: P.A. 98-1042, eff. 1-1-15; revised 10-19-15.)

(Text of Section after amendment by P.A. 99-472)

Sec. 18. Contents of bylaws. The bylaws shall provide for

at least the following:

(a)(1) The election from among the unit owners of a board

of managers, the number of persons constituting such board, and

that the terms of at least one-third of the members of the

board shall expire annually and that all members of the board

shall be elected at large; if . If there are multiple owners of

a single unit, only one of the multiple owners shall be

eligible to serve as a member of the board at any one time; .

(2) the powers and duties of the board;

(3) the compensation, if any, of the members of the board;

(4) the method of removal from office of members of the

board;

(5) that the board may engage the services of a manager or

managing agent;

(6) that each unit owner shall receive, at least 25 days

prior to the adoption thereof by the board of managers, a copy

of the proposed annual budget together with an indication of

which portions are intended for reserves, capital expenditures

or repairs or payment of real estate taxes;

(7) that the board of managers shall annually supply to all

unit owners an itemized accounting of the common expenses for

the preceding year actually incurred or paid, together with an

indication of which portions were for reserves, capital

expenditures or repairs or payment of real estate taxes and

with a tabulation of the amounts collected pursuant to the

budget or assessment, and showing the net excess or deficit of

income over expenditures plus reserves;

(8)(i) that each unit owner shall receive notice, in the

same manner as is provided in this Act for membership meetings,

of any meeting of the board of managers concerning the adoption

of the proposed annual budget and regular assessments pursuant

thereto or to adopt a separate (special) assessment, (ii) that

except as provided in subsection (iv) below, if an adopted

budget or any separate assessment adopted by the board would

result in the sum of all regular and separate assessments

payable in the current fiscal year exceeding 115% of the sum of

all regular and separate assessments payable during the

preceding fiscal year, the board of managers, upon written

petition by unit owners with 20 percent of the votes of the

association delivered to the board within 14 days of the board

action, shall call a meeting of the unit owners within 30 days

of the date of delivery of the petition to consider the budget

or separate assessment; unless a majority of the total votes of

the unit owners are cast at the meeting to reject the budget or

separate assessment, it is ratified, (iii) that any common

expense not set forth in the budget or any increase in

assessments over the amount adopted in the budget shall be

separately assessed against all unit owners, (iv) that separate

assessments for expenditures relating to emergencies or

mandated by law may be adopted by the board of managers without

being subject to unit owner approval or the provisions of item

(ii) above or item (v) below. As used herein, "emergency" means

an immediate danger to the structural integrity of the common

elements or to the life, health, safety or property of the unit

owners, (v) that assessments for additions and alterations to

the common elements or to association-owned property not

included in the adopted annual budget, shall be separately

assessed and are subject to approval of two-thirds of the total

votes of all unit owners, (vi) that the board of managers may

adopt separate assessments payable over more than one fiscal

year. With respect to multi-year assessments not governed by

items (iv) and (v), the entire amount of the multi-year

assessment shall be deemed considered and authorized in the

first fiscal year in which the assessment is approved;

(9)(A) that every meeting of the board of managers shall be

open to any unit owner, except for the portion of any meeting

held to discuss or consider information relating to: (i)

litigation when an action against or on behalf of the

particular association has been filed and is pending in a court

or administrative tribunal, or when the board of managers finds

that such an action is probable or imminent, (ii) appointment,

employment or dismissal of an employee, (iii) violations of

rules and regulations of the association, or (iv) a unit

owner's unpaid share of common expenses; that any vote on these

matters discussed or considered in closed session shall take

place at a meeting of the board of managers or portion thereof

open to any unit owner;

(B) that board members may participate in and act at any

meeting of the board of managers in person, by telephonic

means, or by use of any acceptable technological means whereby

all persons participating in the meeting can communicate with

each other; that participation constitutes attendance and

presence in person at the meeting;

(C) that any unit owner may record the proceedings at

meetings of the board of managers or portions thereof required

to be open by this Act by tape, film or other means, and that

the board may prescribe reasonable rules and regulations to

govern the right to make such recordings;

(D) that notice of every meeting of the board of managers

shall be given to every board member at least 48 hours prior

thereto, unless the board member waives notice of the meeting

pursuant to subsection (a) of Section 18.8; and

(E) that notice of every meeting of the board of managers

shall be posted in entranceways, elevators, or other

conspicuous places in the condominium at least 48 hours prior

to the meeting of the board of managers except where there is

no common entranceway for 7 or more units, the board of

managers may designate one or more locations in the proximity

of these units where the notices of meetings shall be posted;

that notice of every meeting of the board of managers shall

also be given at least 48 hours prior to the meeting, or such

longer notice as this Act may separately require, to: (i) each

unit owner who has provided the association with written

authorization to conduct business by acceptable technological

means, and (ii) to the extent that the condominium instruments

of an association require, to each other unit owner, as

required by subsection (f) of Section 18.8, by mail or

delivery, and that no other notice of a meeting of the board of

managers need be given to any unit owner;

(10) that the board shall meet at least 4 times annually;

(11) that no member of the board or officer shall be

elected for a term of more than 2 years, but that officers and

board members may succeed themselves;

(12) the designation of an officer to mail and receive all

notices and execute amendments to condominium instruments as

provided for in this Act and in the condominium instruments;

(13) the method of filling vacancies on the board which

shall include authority for the remaining members of the board

to fill the vacancy by two-thirds vote until the next annual

meeting of unit owners or for a period terminating no later

than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting a

meeting of the unit owners to fill the vacancy for the balance

of the term, and that a meeting of the unit owners shall be

called for purposes of filling a vacancy on the board no later

than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting

such a meeting, and the method of filling vacancies among the

officers that shall include the authority for the members of

the board to fill the vacancy for the unexpired portion of the

term;

(14) what percentage of the board of managers, if other

than a majority, shall constitute a quorum;

(15) provisions concerning notice of board meetings to

members of the board;

(16) the board of managers may not enter into a contract

with a current board member or with a corporation or

partnership in which a board member or a member of the board

member's immediate family has 25% or more interest, unless

notice of intent to enter the contract is given to unit owners

within 20 days after a decision is made to enter into the

contract and the unit owners are afforded an opportunity by

filing a petition, signed by 20% of the unit owners, for an

election to approve or disapprove the contract; such petition

shall be filed within 20 days after such notice and such

election shall be held within 30 days after filing the

petition; for purposes of this subsection, a board member's

immediate family means the board member's spouse, parents, and

children;

(17) that the board of managers may disseminate to unit

owners biographical and background information about

candidates for election to the board if (i) reasonable efforts

to identify all candidates are made and all candidates are

given an opportunity to include biographical and background

information in the information to be disseminated; and (ii) the

board does not express a preference in favor of any candidate;

(18) any proxy distributed for board elections by the board

of managers gives unit owners the opportunity to designate any

person as the proxy holder, and gives the unit owner the

opportunity to express a preference for any of the known

candidates for the board or to write in a name;

(19) that special meetings of the board of managers can be

called by the president or 25% of the members of the board;

(20) that the board of managers may establish and maintain

a system of master metering of public utility services and

collect payments in connection therewith, subject to the

requirements of the Tenant Utility Payment Disclosure Act; and

(21) that the board may ratify and confirm actions of the

members of the board taken in response to an emergency, as that

term is defined in subdivision (a)(8)(iv) of this Section; that

the board shall give notice to the unit owners of: (i) the

occurrence of the emergency event within 7 business days after

the emergency event, and (ii) the general description of the

actions taken to address the event within 7 days after the

emergency event.

The intent of the provisions of Public Act 99-472 this

amendatory Act of the 99th General Assembly adding this

paragraph (21) is to empower and support boards to act in

emergencies.

(b)(1) What percentage of the unit owners, if other than

20%, shall constitute a quorum provided that, for condominiums

with 20 or more units, the percentage of unit owners

constituting a quorum shall be 20% unless the unit owners

holding a majority of the percentage interest in the

association provide for a higher percentage, provided that in

voting on amendments to the association's bylaws, a unit owner

who is in arrears on the unit owner's regular or separate

assessments for 60 days or more, shall not be counted for

purposes of determining if a quorum is present, but that unit

owner retains the right to vote on amendments to the

association's bylaws;

(2) that the association shall have one class of

membership;

(3) that the members shall hold an annual meeting, one of

the purposes of which shall be to elect members of the board of

managers;

(4) the method of calling meetings of the unit owners;

(5) that special meetings of the members can be called by

the president, board of managers, or by 20% of unit owners;

(6) that written notice of any membership meeting shall be

mailed or delivered giving members no less than 10 and no more

than 30 days notice of the time, place and purpose of such

meeting except that notice may be sent, to the extent the

condominium instruments or rules adopted thereunder expressly

so provide, by electronic transmission consented to by the unit

owner to whom the notice is given, provided the director and

officer or his agent certifies in writing to the delivery by

electronic transmission;

(7) that voting shall be on a percentage basis, and that

the percentage vote to which each unit is entitled is the

percentage interest of the undivided ownership of the common

elements appurtenant thereto, provided that the bylaws may

provide for approval by unit owners in connection with matters

where the requisite approval on a percentage basis is not

specified in this Act, on the basis of one vote per unit;

(8) that, where there is more than one owner of a unit, if

only one of the multiple owners is present at a meeting of the

association, he is entitled to cast all the votes allocated to

that unit, if more than one of the multiple owners are present,

the votes allocated to that unit may be cast only in accordance

with the agreement of a majority in interest of the multiple

owners, unless the declaration expressly provides otherwise,

that there is majority agreement if any one of the multiple

owners cast the votes allocated to that unit without protest

being made promptly to the person presiding over the meeting by

any of the other owners of the unit;

(9)(A) except as provided in subparagraph (B) of this

paragraph (9) in connection with board elections, that a unit

owner may vote by proxy executed in writing by the unit owner

or by his duly authorized attorney in fact; that the proxy must

bear the date of execution and, unless the condominium

instruments or the written proxy itself provide otherwise, is

invalid after 11 months from the date of its execution; to the

extent the condominium instruments or rules adopted thereunder

expressly so provide, a vote or proxy may be submitted by

electronic transmission, provided that any such electronic

transmission shall either set forth or be submitted with

information from which it can be determined that the electronic

transmission was authorized by the unit owner or the unit

owner's proxy;

(B) that if a rule adopted at least 120 days before a board

election or the declaration or bylaws provide for balloting as

set forth in this subsection, unit owners may not vote by proxy

in board elections, but may vote only (i) by submitting an

association-issued ballot in person at the election meeting or

(ii) by submitting an association-issued ballot to the

association or its designated agent by mail or other means of

delivery specified in the declaration, bylaws, or rule; that

the ballots shall be mailed or otherwise distributed to unit

owners not less than 10 and not more than 30 days before the

election meeting, and the board shall give unit owners not less

than 21 days' prior written notice of the deadline for

inclusion of a candidate's name on the ballots; that the

deadline shall be no more than 7 days before the ballots are

mailed or otherwise distributed to unit owners; that every such

ballot must include the names of all candidates who have given

the board or its authorized agent timely written notice of

their candidacy and must give the person casting the ballot the

opportunity to cast votes for candidates whose names do not

appear on the ballot; that a ballot received by the association

or its designated agent after the close of voting shall not be

counted; that a unit owner who submits a ballot by mail or

other means of delivery specified in the declaration, bylaws,

or rule may request and cast a ballot in person at the election

meeting, and thereby void any ballot previously submitted by

that unit owner;

(B-5) that if a rule adopted at least 120 days before a

board election or the declaration or bylaws provide for

balloting as set forth in this subparagraph, unit owners may

not vote by proxy in board elections, but may vote only (i) by

submitting an association-issued ballot in person at the

election meeting; or (ii) by any acceptable technological means

as defined in Section 2 of this Act; instructions regarding the

use of electronic means for voting shall be distributed to all

unit owners not less than 10 and not more than 30 days before

the election meeting, and the board shall give unit owners not

less than 21 days' prior written notice of the deadline for

inclusion of a candidate's name on the ballots; the deadline

shall be no more than 7 days before the instructions for voting

using electronic or acceptable technological means is

distributed to unit owners; every instruction notice must

include the names of all candidates who have given the board or

its authorized agent timely written notice of their candidacy

and must give the person voting through electronic or

acceptable technological means the opportunity to cast votes

for candidates whose names do not appear on the ballot; a unit

owner who submits a vote using electronic or acceptable

technological means may request and cast a ballot in person at

the election meeting, thereby voiding any vote previously

submitted by that unit owner;

(C) that if a written petition by unit owners with at least

20% of the votes of the association is delivered to the board

within 14 days after the board's approval of a rule adopted

pursuant to subparagraph (B) or subparagraph (B-5) of this

paragraph (9), the board shall call a meeting of the unit

owners within 30 days after the date of delivery of the

petition; that unless a majority of the total votes of the unit

owners are cast at the meeting to reject the rule, the rule is

ratified;

(D) that votes cast by ballot under subparagraph (B) or

electronic or acceptable technological means under

subparagraph (B-5) of this paragraph (9) are valid for the

purpose of establishing a quorum;

(10) that the association may, upon adoption of the

appropriate rules by the board of managers, conduct elections

by secret ballot whereby the voting ballot is marked only with

the percentage interest for the unit and the vote itself,

provided that the board further adopt rules to verify the

status of the unit owner issuing a proxy or casting a ballot;

and further, that a candidate for election to the board of

managers or such candidate's representative shall have the

right to be present at the counting of ballots at such

election;

(11) that in the event of a resale of a condominium unit

the purchaser of a unit from a seller other than the developer

pursuant to an installment contract for purchase shall during

such times as he or she resides in the unit be counted toward a

quorum for purposes of election of members of the board of

managers at any meeting of the unit owners called for purposes

of electing members of the board, shall have the right to vote

for the election of members of the board of managers and to be

elected to and serve on the board of managers unless the seller

expressly retains in writing any or all of such rights. In no

event may the seller and purchaser both be counted toward a

quorum, be permitted to vote for a particular office or be

elected and serve on the board. Satisfactory evidence of the

installment contract contact shall be made available to the

association or its agents. For purposes of this subsection,

"installment contract" contact" shall have the same meaning as

set forth in Section 1 (e) of the Dwelling Unit Installment

Contract Act "An Act relating to installment contracts to sell

dwelling structures", approved August 11, 1967, as amended;

(12) the method by which matters subject to the approval of

unit owners set forth in this Act, or in the condominium

instruments, will be submitted to the unit owners at special

membership meetings called for such purposes; and

(13) that matters subject to the affirmative vote of not

less than 2/3 of the votes of unit owners at a meeting duly

called for that purpose, shall include, but not be limited to:

(i) merger or consolidation of the association;

(ii) sale, lease, exchange, or other disposition

(excluding the mortgage or pledge) of all, or substantially

all of the property and assets of the association; and

(iii) the purchase or sale of land or of units on

behalf of all unit owners.

(c) Election of a president from among the board of

managers, who shall preside over the meetings of the board of

managers and of the unit owners.

(d) Election of a secretary from among the board of

managers, who shall keep the minutes of all meetings of the

board of managers and of the unit owners and who shall, in

general, perform all the duties incident to the office of

secretary.

(e) Election of a treasurer from among the board of

managers, who shall keep the financial records and books of

account.

(f) Maintenance, repair and replacement of the common

elements and payments therefor, including the method of

approving payment vouchers.

(g) An association with 30 or more units shall obtain and

maintain fidelity insurance covering persons who control or

disburse funds of the association for the maximum amount of

coverage available to protect funds in the custody or control

of the association plus the association reserve fund. All

management companies which are responsible for the funds held

or administered by the association shall maintain and furnish

to the association a fidelity bond for the maximum amount of

coverage available to protect funds in the custody of the

management company at any time. The association shall bear the

cost of the fidelity insurance and fidelity bond, unless

otherwise provided by contract between the association and a

management company. The association shall be the direct obligee

of any such fidelity bond. A management company holding reserve

funds of an association shall at all times maintain a separate

account for each association, provided, however, that for

investment purposes, the Board of Managers of an association

may authorize a management company to maintain the

association's reserve funds in a single interest bearing

account with similar funds of other associations. The

management company shall at all times maintain records

identifying all moneys of each association in such investment

account. The management company may hold all operating funds of

associations which it manages in a single operating account but

shall at all times maintain records identifying all moneys of

each association in such operating account. Such operating and

reserve funds held by the management company for the

association shall not be subject to attachment by any creditor

of the management company.

For the purpose of this subsection, a management company

shall be defined as a person, partnership, corporation, or

other legal entity entitled to transact business on behalf of

others, acting on behalf of or as an agent for a unit owner,

unit owners or association of unit owners for the purpose of

carrying out the duties, responsibilities, and other

obligations necessary for the day to day operation and

management of any property subject to this Act. For purposes of

this subsection, the term "fiduciary insurance coverage" shall

be defined as both a fidelity bond and directors and officers

liability coverage, the fidelity bond in the full amount of

association funds and association reserves that will be in the

custody of the association, and the directors and officers

liability coverage at a level as shall be determined to be

reasonable by the board of managers, if not otherwise

established by the declaration or by laws.

Until one year after September 21, 1985 (the effective date

of Public Act 84-722) this amendatory Act of 1985, if a

condominium association has reserves plus assessments in

excess of $250,000 and cannot reasonably obtain 100% fidelity

bond coverage for such amount, then it must obtain a fidelity

bond coverage of $250,000.

(h) Method of estimating the amount of the annual budget,

and the manner of assessing and collecting from the unit owners

their respective shares of such estimated expenses, and of any

other expenses lawfully agreed upon.

(i) That upon 10 days notice to the manager or board of

managers and payment of a reasonable fee, any unit owner shall

be furnished a statement of his account setting forth the

amount of any unpaid assessments or other charges due and owing

from such owner.

(j) Designation and removal of personnel necessary for the

maintenance, repair and replacement of the common elements.

(k) Such restrictions on and requirements respecting the

use and maintenance of the units and the use of the common

elements, not set forth in the declaration, as are designed to

prevent unreasonable interference with the use of their

respective units and of the common elements by the several unit

owners.

(l) Method of adopting and of amending administrative rules

and regulations governing the operation and use of the common

elements.

(m) The percentage of votes required to modify or amend the

bylaws, but each one of the particulars set forth in this

section shall always be embodied in the bylaws.

(n)(i) The provisions of this Act, the declaration, bylaws,

other condominium instruments, and rules and regulations that

relate to the use of the individual unit or the common elements

shall be applicable to any person leasing a unit and shall be

deemed to be incorporated in any lease executed or renewed on

or after August 30, 1984 (the effective date of Public Act

83-1271) this amendatory Act of 1984.

(ii) With regard to any lease entered into subsequent to

July 1, 1990 (the effective date of Public Act 86-991) this

amendatory Act of 1989, the unit owner leasing the unit shall

deliver a copy of the signed lease to the board or if the lease

is oral, a memorandum of the lease, not later than the date of

occupancy or 10 days after the lease is signed, whichever

occurs first. In addition to any other remedies, by filing an

action jointly against the tenant and the unit owner, an

association may seek to enjoin a tenant from occupying a unit

or seek to evict a tenant under the provisions of Article IX of

the Code of Civil Procedure for failure of the lessor-owner to

comply with the leasing requirements prescribed by this Section

or by the declaration, bylaws, and rules and regulations. The

board of managers may proceed directly against a tenant, at law

or in equity, or under the provisions of Article IX of the Code

of Civil Procedure, for any other breach by tenant of any

covenants, rules, regulations or bylaws.

(o) The association shall have no authority to forbear the

payment of assessments by any unit owner.

(p) That when 30% or fewer of the units, by number, possess

over 50% in the aggregate of the votes in the association, any

percentage vote of members specified herein or in the

condominium instruments shall require the specified percentage

by number of units rather than by percentage of interest in the

common elements allocated to units that would otherwise be

applicable and garage units or storage units, or both, shall

have, in total, no more votes than their aggregate percentage

of ownership in the common elements; this shall mean that if

garage units or storage units, or both, are to be given a vote,

or portion of a vote, that the association must add the total

number of votes cast of garage units, storage units, or both,

and divide the total by the number of garage units, storage

units, or both, and multiply by the aggregate percentage of

ownership of garage units and storage units to determine the

vote, or portion of a vote, that garage units or storage units,

or both, have. For purposes of this subsection (p), when making

a determination of whether 30% or fewer of the units, by

number, possess over 50% in the aggregate of the votes in the

association, a unit shall not include a garage unit or a

storage unit.

(q) That a unit owner may not assign, delegate, transfer,

surrender, or avoid the duties, responsibilities, and

liabilities of a unit owner under this Act, the condominium

instruments, or the rules and regulations of the Association;

and that such an attempted assignment, delegation, transfer,

surrender, or avoidance shall be deemed void.

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 which fails to contain the

provisions required by this Section shall be deemed to

incorporate such provisions by operation of law.

(Source: P.A. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16;

revised 10-19-15.)

Section 610. The Illinois Human Rights Act is amended by

changing Sections 2-104, 3-102, 3-105, 8-101, and 9-102 as

follows:

(775 ILCS 5/2-104) (from Ch. 68, par. 2-104)

Sec. 2-104. Exemptions.

(A) Nothing contained in this Act shall prohibit an

employer, employment agency, or labor organization from:

(1) Bona Fide Qualification. Hiring or selecting

between persons for bona fide occupational qualifications

or any reason except those civil-rights violations

specifically identified in this Article.

(2) Veterans. Giving preferential treatment to

veterans and their relatives as required by the laws or

regulations of the United States or this State or a unit of

local government, or pursuant to a private employer's

voluntary veterans' preference employment policy

authorized by the Veterans Preference in Private

Employment Act.

(3) Unfavorable Discharge From Military Service.

(a) Using unfavorable discharge from military

service as a valid employment criterion when

authorized by federal law or regulation or when a

position of employment involves the exercise of

fiduciary responsibilities as defined by rules and

regulations which the Department shall adopt; or

(b) Participating in a bona fide recruiting

incentive program, sponsored by a branch of the United

States Armed Forces, a reserve component of the United

States Armed Forces, or any National Guard or Naval

Militia, where participation in the program is limited

by the sponsoring branch based upon the service

member's discharge status.

(4) Ability Tests. Giving or acting upon the results of

any professionally developed ability test provided that

such test, its administration, or action upon the results,

is not used as a subterfuge for or does not have the effect

of unlawful discrimination.

(5) Merit and Retirement Systems.

(a) Applying different standards of compensation,

or different terms, conditions or privileges of

employment pursuant to a merit or retirement system

provided that such system or its administration is not

used as a subterfuge for or does not have the effect of

unlawful discrimination.

(b) Effecting compulsory retirement of any

employee who has attained 65 years of age and who, for

the 2-year period immediately preceding retirement, is

employed in a bona fide executive or a high

policymaking position, if such employee is entitled to

an immediate nonforfeitable annual retirement benefit

from a pension, profit-sharing, savings, or deferred

compensation plan, or any combination of such plans of

the employer of such employee, which equals, in the

aggregate, at least $44,000. If any such retirement

benefit is in a form other than a straight life annuity

(with no ancillary benefits) or if the employees

contribute to any such plan or make rollover

contributions, the retirement benefit shall be

adjusted in accordance with regulations prescribed by

the Department, so that the benefit is the equivalent

of a straight life annuity (with no ancillary benefits)

under a plan to which employees do not contribute and

under which no rollover contributions are made.

(c) Until January 1, 1994, effecting compulsory

retirement of any employee who has attained 70 years of

age, and who is serving under a contract of unlimited

tenure (or similar arrangement providing for unlimited

tenure) at an institution of higher education as

defined by Section 1201(a) of the Higher Education Act

of 1965.

(6) Training and Apprenticeship programs. Establishing

an educational requirement as a prerequisite to selection

for a training or apprenticeship program, provided such

requirement does not operate to discriminate on the basis

of any prohibited classification except age.

(7) Police and Firefighter/Paramedic Retirement.

Imposing a mandatory retirement age for

firefighters/paramedics or law enforcement officers and

discharging or retiring such individuals pursuant to the

mandatory retirement age if such action is taken pursuant

to a bona fide retirement plan provided that the law

enforcement officer or firefighter/paramedic has attained:

(a) the age of retirement in effect under

applicable State or local law on March 3, 1983; or

(b) if the applicable State or local law was

enacted after the date of enactment of the federal Age

Discrimination in Employment Act Amendments of 1996

(P.L. 104-208), the age of retirement in effect on the

date of such discharge under such law.

This paragraph (7) shall not apply with respect to any

cause of action arising under the Illinois Human Rights Act

as in effect prior to the effective date of this amendatory

Act of 1997.

(8) Police and Firefighter/Paramedic Appointment.

Failing or refusing to hire any individual because of such

individual's age if such action is taken with respect to

the employment of an individual as a firefighter/paramedic

or as a law enforcement officer and the individual has

attained:

(a) the age of hiring or appointment in effect

under applicable State or local law on March 3, 1983;

or

(b) the age of hiring in effect on the date of such

failure or refusal to hire under applicable State or

local law enacted after the date of enactment of the

federal Age Discrimination in Employment Act

Amendments of 1996 (P.L. 104-208).

As used in paragraph (7) or (8):

"Firefighter/paramedic" means an employee, the duties

of whose position are primarily to perform work directly

connected with the control and extinguishment of fires or

the maintenance and use of firefighting apparatus and

equipment, or to provide emergency medical services,

including an employee engaged in this activity who is

transferred to a supervisory or administrative position.

"Law enforcement officer" means an employee, the

duties of whose position are primarily the investigation,

apprehension, or detention of individuals suspected or

convicted of criminal offenses, including an employee

engaged in this activity who is transferred to a

supervisory or administrative position.

(9) Citizenship Status. Making legitimate distinctions

based on citizenship status if specifically authorized or

required by State or federal law.

(B) With respect to any employee who is subject to a

collective bargaining agreement:

(a) which is in effect on June 30, 1986,

(b) which terminates after January 1, 1987,

(c) any provision of which was entered into by a labor

organization as defined by Section 6(d)(4) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)), and

(d) which contains any provision that would be

superseded by this amendatory Act of 1987 (Public Act

85-748),

Public Act 85-748 such amendatory Act of 1987 shall not apply

until the termination of such collective bargaining agreement

or January 1, 1990, whichever occurs first.

(C)(1) For purposes of this Act, the term "disability"

shall not include any employee or applicant who is currently

engaging in the illegal use of drugs, when an employer acts on

the basis of such use.

(2) Paragraph (1) shall not apply where an employee or

applicant for employment:

(a) has successfully completed a supervised drug

rehabilitation program and is no longer engaging in the

illegal use of drugs, or has otherwise been rehabilitated

successfully and is no longer engaging in such use;

(b) is participating in a supervised rehabilitation

program and is no longer engaging in such use; or

(c) is erroneously regarded as engaging in such use,

but is not engaging in such use.

It shall not be a violation of this Act for an employer to

adopt or administer reasonable policies or procedures,

including but not limited to drug testing, designed to ensure

that an individual described in subparagraph (a) or (b) is no

longer engaging in the illegal use of drugs.

(3) An employer:

(a) may prohibit the illegal use of drugs and the use

of alcohol at the workplace by all employees;

(b) may require that employees shall not be under the

influence of alcohol or be engaging in the illegal use of

drugs at the workplace;

(c) may require that employees behave in conformance

with the requirements established under the federal

Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and

the Drug Free Workplace Act;

(d) may hold an employee who engages in the illegal use

of drugs or who is an alcoholic to the same qualification

standards for employment or job performance and behavior

that such employer holds other employees, even if any

unsatisfactory performance or behavior is related to the

drug use or alcoholism of such employee; and

(e) may, with respect to federal regulations regarding

alcohol and the illegal use of drugs, require that:

(i) employees comply with the standards

established in such regulations of the United States

Department of Defense, if the employees of the employer

are employed in an industry subject to such

regulations, including complying with regulations (if

any) that apply to employment in sensitive positions in

such an industry, in the case of employees of the

employer who are employed in such positions (as defined

in the regulations of the Department of Defense);

(ii) employees comply with the standards

established in such regulations of the Nuclear

Regulatory Commission, if the employees of the

employer are employed in an industry subject to such

regulations, including complying with regulations (if

any) that apply to employment in sensitive positions in

such an industry, in the case of employees of the

employer who are employed in such positions (as defined

in the regulations of the Nuclear Regulatory

Commission); and

(iii) employees comply with the standards

established in such regulations of the United States

Department of Transportation, if the employees of the

employer are employed in a transportation industry

subject to such regulations, including complying with

such regulations (if any) that apply to employment in

sensitive positions in such an industry, in the case of

employees of the employer who are employed in such

positions (as defined in the regulations of the United

States Department of Transportation).

(4) For purposes of this Act, a test to determine the

illegal use of drugs shall not be considered a medical

examination. Nothing in this Act shall be construed to

encourage, prohibit, or authorize the conducting of drug

testing for the illegal use of drugs by job applicants or

employees or making employment decisions based on such test

results.

(5) Nothing in this Act shall be construed to encourage,

prohibit, restrict, or authorize the otherwise lawful exercise

by an employer subject to the jurisdiction of the United States

Department of Transportation of authority to:

(a) test employees of such employer in, and applicants

for, positions involving safety-sensitive duties for the

illegal use of drugs and for on-duty impairment by alcohol;

and

(b) remove such persons who test positive for illegal

use of drugs and on-duty impairment by alcohol pursuant to

subparagraph (a) from safety-sensitive duties in

implementing paragraph (3).

(Source: P.A. 99-152, eff. 1-1-16, 99-165, eff. 7-28-15;

revised 10-29-15.)

(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)

Sec. 3-102. Civil Rights Violations; Real Estate

Transactions. ) It is a civil rights violation for an owner or

any other person engaging in a real estate transaction, or for

a real estate broker or salesman, because of unlawful

discrimination or familial status, to

(A) Transaction. Refuse to engage in a real estate

transaction with a person or to discriminate in making

available such a transaction;

(B) Terms. Alter the terms, conditions or privileges of

a real estate transaction or in the furnishing of

facilities or services in connection therewith;

(C) Offer. Refuse to receive or to fail to transmit a

bona fide offer to engage in a real estate transaction from

a person;

(D) Negotiation. Refuse to negotiate for a real estate

transaction with a person;

(E) Representations. Represent to a person that real

property is not available for inspection, sale, rental, or

lease when in fact it is so available, or to fail to bring

a property listing to his or her attention, or to refuse to

permit him or her to inspect real property;

(F) Publication of Intent. Make, print, circulate,

post, mail, publish or cause to be made, printed,

circulated, posted, mailed, or published any notice,

statement, advertisement or sign, or use a form of

application for a real estate transaction, or make a record

or inquiry in connection with a prospective real estate

transaction, that indicates any preference, limitation, or

discrimination based on unlawful discrimination or

unlawful discrimination based on familial status, or an

intention to make any such preference, limitation, or

discrimination;

(G) Listings. Offer, solicit, accept, use or retain a

listing of real property with knowledge that unlawful

discrimination or discrimination on the basis of familial

status in a real estate transaction is intended.

(Source: P.A. 99-196, eff. 7-30-15; revised 10-20-15.)

(775 ILCS 5/3-105) (from Ch. 68, par. 3-105)

Sec. 3-105. Restrictive Covenants.)

(A) Agreements. Every provision in an oral agreement or a

written instrument relating to real property which purports to

forbid or restrict the conveyance, encumbrance, occupancy, or

lease thereof on the basis of race, color, religion, or

national origin is void.

(B) Limitations. (1) Every condition, restriction or

prohibition, including a right of entry or possibility of

reverter, which directly or indirectly limits the use or

occupancy of real property on the basis of race, color,

religion, or national origin is void.

(2) This Section shall not apply to a limitation of use on

the basis of religion of real property held by a religious

institution or organization or by a religious or charitable

organization operated, supervised, or controlled by a

religious institution or organization, and used for religious

or charitable purposes.

(C) Civil Rights Violations. It is a civil rights violation

to insert in a written instrument relating to real property a

provision that is void under this Section or to honor or

attempt to honor such a provision in the chain of title.

(Source: P.A. 81-1216; revised 10-21-15.)

(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)

Sec. 8-101. Illinois Human Rights Commission. )

(A) Creation; appointments. The Human Rights Commission is

created to consist of 13 members appointed by the Governor with

the advice and consent of the Senate. No more than 7 members

shall be of the same political party. The Governor shall

designate one member as chairperson. All appointments shall be

in writing and filed with the Secretary of State as a public

record.

(B) Terms. Of the members first appointed, 4 shall be

appointed for a term to expire on the third Monday of January,

1981, and 5 (including the Chairperson) shall be appointed for

a term to expire on the third Monday of January, 1983.

Notwithstanding any provision of this Section to the

contrary, the term of office of each member of the Illinois

Human Rights Commission is abolished on July 29, 1985, but the

incumbent members shall continue to exercise all of the powers

and be subject to all of the duties of members of the

Commission until their respective successors are appointed and

qualified. Subject to the provisions of subsection (A), of the

9 members appointed under Public Act 84-115, effective July 29,

1985, 5 members shall be appointed for terms to expire on the

third Monday of January, 1987, and 4 members shall be appointed

for terms to expire on the third Monday of January, 1989; and

of the 4 additional members appointed under Public Act 84-1084,

effective December 2, 1985, two shall be appointed for a term

to expire on the third Monday of January, 1987, and two members

shall be appointed for a term to expire on the third Monday of

January, 1989.

Thereafter, each member shall serve for a term of 4 years

and until his or her successor is appointed and qualified;

except that any member chosen to fill a vacancy occurring

otherwise than by expiration of a term shall be appointed only

for the unexpired term of the member whom he or she shall

succeed and until his or her successor is appointed and

qualified.

(C) Vacancies.

(1) In the case of vacancies on the Commission during a

recess of the Senate, the Governor shall make a temporary

appointment until the next meeting of the Senate when he or

she shall appoint a person to fill the vacancy. Any person

so nominated and confirmed by the Senate shall hold office

for the remainder of the term and until his or her

successor is appointed and qualified.

(2) If the Senate is not in session at the time this

Act takes effect, the Governor shall make temporary

appointments to the Commission as in the case of vacancies.

(3) Vacancies in the Commission shall not impair the

right of the remaining members to exercise all the powers

of the Commission. Except when authorized by this Act to

proceed through a 3 member panel, a majority of the members

of the Commission then in office shall constitute a quorum.

(D) Compensation. The Chairperson of the Commission shall

be compensated at the rate of $22,500 per year, or as set by

the Compensation Review Board, whichever is greater, during his

or her service as Chairperson, and each other member shall be

compensated at the rate of $20,000 per year, or as set by the

Compensation Review Board, whichever is greater. In addition,

all members of the Commission shall be reimbursed for expenses

actually and necessarily incurred by them in the performance of

their duties.

(Source: P.A. 84-1308; revised 10-20-15.)

(775 ILCS 5/9-102) (from Ch. 68, par. 9-102)

Sec. 9-102. Pending Matters. )

(A) Charges; Complaints; Causes of Action. This Act shall

not affect or abate any cause of action, charge, complaint or

other matter pending before or accrued under the jurisdiction

of the Fair Employment Practices Commission or the Department

of Equal Employment Opportunity. Each charge, complaint, or

matter shall be assumed by the Department or Commission, as

provided in this Act, at the same stage, or a parallel stage,

of proceeding to which it had progressed prior to the effective

date of this Act.

(B) Special Cases. The Human Rights Act shall not in any

way affect or abate any right, claim or cause of action under

the "Equal Opportunities for the Handicapped Act", approved

August 23, 1971, as amended, which accrued or arose prior to

July 1, 1980.

(Source: P.A. 84-1084; revised 10-19-15.)

Section 615. The General Not For Profit Corporation Act of

1986 is amended by changing Section 113.50 as follows:

(805 ILCS 105/113.50) (from Ch. 32, par. 113.50)

Sec. 113.50. Grounds for revocation of authority.

(a) The authority of a foreign corporation to conduct

affairs in this State may be revoked by the Secretary of State:

(1) Upon the failure of an officer or director to whom

interrogatories have been propounded by the Secretary of

State, as provided in this Act, to answer the same fully

and to file such answer in the office of the Secretary of

State;

(2) If the authority of the corporation was procured

through fraud practiced upon the State;

(3) If the corporation has continued to exceed or abuse

the authority conferred upon it by this Act;

(4) Upon the failure of the corporation to keep on file

in the office of the Secretary of State duly authenticated

copies of each amendment to its articles of or

incorporation;

(5) Upon the failure of the corporation to appoint and

maintain a registered agent in this State;

(6) Upon the failure of the corporation to file any

report after the period prescribed by this Act for the

filing of such report;

(7) Upon the failure of the corporation to pay any fees

or charges prescribed by this Act;

(8) For misrepresentation of any material matter in any

application, report, affidavit, or other document filed by

such corporation pursuant to this Act;

(9) Upon the failure of the corporation to renew its

assumed name or to apply to change its assumed name

pursuant to the provisions of this Act, when the

corporation can only conduct affairs within this State

under its assumed name in accordance with the provisions of

Section 104.05 of this Act;

(10) Upon notification from the local liquor

commissioner, pursuant to Section 4-4(3) of the "The Liquor

Control Act of 1934," as now or hereafter amended, that a

foreign corporation functioning as a club in this State has

violated that Act by selling or offering for sale at retail

alcoholic liquors without a retailer's license; or

(11) When, in an action by the Attorney General, under

the provisions of the "Consumer Fraud and Deceptive

Business Practices Act, the Solicitation for Charity Act ",

or "An Act to regulate solicitation and collection of funds

for charitable purposes, providing for violations thereof,

and making an appropriation therefor", approved July 26,

1963, as amended, or the "Charitable Trust Act", a court

has found that the corporation substantially and willfully

violated any of such Acts.

(b) The enumeration of grounds for revocation in paragraphs

(1) through (11) of subsection (a) shall not preclude any

action by the Attorney General which is authorized by any other

statute of the State of Illinois or the common law.

(Source: P.A. 92-33, eff. 7-1-01; 93-59, eff. 7-1-03; revised

10-20-15.)

Section 620. The High Risk Home Loan Act is amended by

changing Section 10 as follows:

(815 ILCS 137/10)

Sec. 10. Definitions. As used in this Act:

"Approved credit counselor" means a credit counselor

approved by the Director of Financial Institutions.

"Bona fide discount points" means loan discount points that

are knowingly paid by the consumer for the purpose of reducing,

and that in fact result in a bona fide reduction of, the

interest rate or time price differential applicable to the

mortgage.

"Borrower" means a natural person who seeks or obtains a

high risk home loan.

"Commissioner" means the Commissioner of the Office of

Banks and Real Estate.

"Department" means the Department of Financial

Institutions.

"Director" means the Director of Financial Institutions.

"Good faith" means honesty in fact in the conduct or

transaction concerned.

"High risk home loan" means a consumer credit transaction,

other than a reverse mortgage, that is secured by the

consumer's principal dwelling if: (i) at the time of

origination, the annual percentage rate exceeds by more than 6

percentage points in the case of a first lien mortgage, or by

more than 8 percentage points in the case of a junior mortgage,

the average prime offer rate, as defined in Section

129C(b)(2)(B) of the federal Truth in Lending Act, for a

comparable transaction as of the date on which the interest

rate for the transaction is set, or if the dwelling is personal

property, then as provided under 15 U.S.C. 1602(bb), as

amended, and any corresponding regulation, as amended, (ii) the

loan documents permit the creditor to charge or collect

prepayment fees or penalties more than 36 months after the

transaction closing or such fees exceed, in the aggregate, more

than 2% of the amount prepaid, or (iii) the total points and

fees payable in connection with the transaction, other than

bona fide third-party charges not retained by the mortgage

originator, creditor, or an affiliate of the mortgage

originator or creditor, will exceed (1) 5% of the total loan

amount in the case of a transaction for $20,000 (or such other

dollar amount as prescribed by federal regulation pursuant to

the federal Dodd-Frank Act) or more or (2) the lesser of 8% of

the total loan amount or $1,000 (or such other dollar amount as

prescribed by federal regulation pursuant to the federal

Dodd-Frank Act) in the case of a transaction for less than

$20,000 (or such other dollar amount as prescribed by federal

regulation pursuant to the federal Dodd-Frank Act), except

that, with respect to all transactions, bona fide loan discount

points may be excluded as provided for in Section 35 of this

Act. "High risk home loan" does not include a loan that is made

primarily for a business purpose unrelated to the residential

real property securing the loan or a consumer credit

transaction made by a natural person who provides seller

financing secured by a principal residence no more than 3 times

in a 12-month period, provided such consumer credit transaction

is not made by a person that has constructed or acted as a

contractor for the construction of the residence in the

ordinary course of business of such person.

"Lender" means a natural or artificial person who

transfers, deals in, offers, or makes a high risk home loan.

"Lender" includes, but is not limited to, creditors and brokers

who transfer, deal in, offer, or make high risk home loans.

"Lender" does not include purchasers, assignees, or subsequent

holders of high risk home loans.

"Office" means the Office of Banks and Real Estate.

"Points and fees" means all items considered to be points

and fees under 12 CFR 226.32 (2000, or as initially amended

pursuant to Section 1431 of the federal Dodd-Frank Act with no

subsequent amendments or editions included, whichever is

later); compensation paid directly or indirectly by a consumer

or creditor to a mortgage broker from any source, including a

broker that originates a loan in its own name in a table-funded

transaction, not otherwise included in 12 CFR 226.4; the

maximum prepayment fees and penalties that may be charged or

collected under the terms of the credit transaction; all

prepayment fees or penalties that are incurred by the consumer

if the loan refinances a previous loan made or currently held

by the same creditor or an affiliate of the creditor; and

premiums or other charges payable at or before closing or

financed directly or indirectly into the loan for any credit

life, credit disability, credit unemployment, credit property,

other accident, loss of income, life, or health insurance or

payments directly or indirectly for any debt cancellation or

suspension agreement or contract, except that insurance

premiums or debt cancellation or suspension fees calculated and

paid in full on a monthly basis shall not be considered

financed by the creditor. "Points and fees" does not include

any insurance premium provided by an agency of the federal

government or an agency of a state; any insurance premium paid

by the consumer after closing; and any amount of a premium,

charge, or fee that is not in excess of the amount payable

under policies in effect at the time of origination under

Section 203(c)(2)(A) of the National Housing Act (12 U.S.C.

1709(c)(2)(A)), provided that the premium, charge, or fee is

required to be refundable on a pro-rated basis and the refund

is automatically issued upon notification of the satisfaction

of the underlying mortgage loan.

"Prepayment penalty" and "prepayment fees or penalties"

mean: (i) for a closed-end credit transaction, a charge imposed

for paying all or part of the transaction's principal before

the date on which the principal is due, other than a waived,

bona fide third-party charge that the creditor imposes if the

consumer prepays all of the transactions's principal sooner

than 36 months after consummation and (ii) for an open-end

credit plan, a charge imposed by the creditor if the consumer

terminates the open-end credit plan prior to the end of its

term, other than a waived, bona fide third-party charge that

the creditor imposes if the consumer terminates the open-end

credit plan sooner than 36 months after account opening.

"Reasonable" means fair, proper, just, or prudent under the

circumstances.

"Servicer" means any entity chartered under the Illinois

Banking Act, the Savings Bank Act, the Illinois Credit Union

Act, or the Illinois Savings and Loan Act of 1985 and any

person or entity licensed under the Residential Mortgage

License Act of 1987, the Consumer Installment Loan Act, or the

Sales Finance Agency Act who is responsible for the collection

or remittance for, or has the right or obligation to collect or

remit for, any lender, note owner, or note holder or for a

licensee's own account, of payments, interest, principal, and

trust items (such as hazard insurance and taxes on a

residential mortgage loan) in accordance with the terms of the

residential mortgage loan, including loan payment follow-up,

delinquency loan follow-up, loan analysis, and any

notifications to the borrower that are necessary to enable the

borrower to keep the loan current and in good standing.

"Total loan amount" has the same meaning as that term is

given in 12 CFR 226.32 and shall be calculated in accordance

with the Federal Reserve Board's Official Staff Commentary to

that regulation.

(Source: P.A. 99-150, eff. 7-28-15; 99-288, eff. 8-5-15;

revised 10-19-15.)

Section 625. 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 pursuant

to Section 3-616 of the Illinois Vehicle Code; (2) registration

plates issued to a veteran with a disability 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 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 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.

(d-5) On its Internet website, the Department of

Agriculture shall maintain a list of gasoline and service

stations that are required to report to the Department of

Agriculture's Bureau of Weights and Measures. The list shall

include the addresses and telephone numbers of the gasoline and

service stations. The Department of Agriculture shall provide

the Department of Human Services with a link to this website

information.

(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 link

to the list of gasoline and service stations provided by the

Department of Agriculture.

(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. 99-44, eff. 1-1-16; 99-143, eff. 7-27-15; revised

10-21-15.)

Section 630. The Used Lubricant Act is amended by changing

Section 2 as follows:

(815 ILCS 435/2) (from Ch. 96 1/2, par. 5802)

Sec. 2. Any person dealing in previously used or previously

used and reclaimed, re-refined, recleaned, or reconditioned

lubricating oils, lubricants or mixtures of lubricants without

having each and every container or item of equipment in or

through which any of such products are sold, kept for sale,

displayed or dispensed plainly labeled as required in this Act,

or advertising any of such products for sale without inserting

in such advertising a statement as required in this Act may

upon proper hearing be enjoined from selling any of such

products or offering, displaying or advertising any of the same

for sale. Action for such injunction may be brought in the

circuit court in the county in which the defendant resides, and

may be brought either by the Attorney General of this State

state or by the State's States Attorney in and for such county.

The authority granted by this Section shall be in addition to

and not in lieu of authority to prosecute criminally any person

for a violation of this Act. The granting or enforcing of any

injunction under this Act is a preventive measure for the

protection of the people of this State state, not a punitive

measure, and the fact that a person has been charged or

convicted of a violation of this Act shall not prevent the

ordering of an injunction to prevent further unlawful dealing

in previously used or previously used and reclaimed,

re-refined, recleaned or reconditioned lubricating oils,

lubricants or mixtures of lubricants, nor shall the fact that

an injunction has been granted under this Act preclude the

institution of criminal prosecution or punishment. Upon

promulgation of labeling standards applicable to recycled oil

by the Federal Trade Commission as prescribed pursuant to Title

V, Section 383 of the federal "Energy Policy and Conservation

Act (P.L. " (P.A. 94-163) the provisions of this Section shall

no longer be in effect.

(Source: P.A. 83-346; revised 10-21-15.)

Section 635. The Consumer Fraud and Deceptive Business

Practices Act is amended by changing Sections 2Z and 2MM as

follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly

violates the Automotive Repair Act, the Automotive Collision

Repair Act, the Home Repair and Remodeling Act, the Dance

Studio Act, the Physical Fitness Services Act, the Hearing

Instrument Consumer Protection Act, the Illinois Union Label

Act, the Job Referral and Job Listing Services Consumer

Protection Act, the Travel Promotion Consumer Protection Act,

the Credit Services Organizations Act, the Automatic Telephone

Dialers Act, the Pay-Per-Call Services Consumer Protection

Act, the Telephone Solicitations Act, the Illinois Funeral or

Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care

Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales

Act, the High Risk Home Loan Act, the Payday Loan Reform Act,

the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section

3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section

3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the

Internet Caller Identification Act, paragraph (6) of

subsection (k) of Section 6-305 of the Illinois Vehicle Code,

Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,

or 18d-153 of the Illinois Vehicle Code, Article 3 of the

Residential Real Property Disclosure Act, the Automatic

Contract Renewal Act, the Reverse Mortgage Act, Section 25 of

the Youth Mental Health Protection Act, or the Personal

Information Protection Act commits an unlawful practice within

the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; revised

10-21-15.)

(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:

(1) a guardian of the person with a disability who 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 who 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 who that is the subject of

the request, appointed under Article XI of the Probate Act

of 1975;

(2) a parent of the minor who 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 who 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 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; (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; or (iii) an active duty

military service member who has submitted to the consumer

reporting agency a copy of his or her orders calling the

service member to military service and any orders further

extending the service member's period of service if currently

active.

(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. "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, (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.

"Military service member" means a resident of Illinois who

is a member of any component of the U.S. Armed Forces or the

National Guard of any state, the District of Columbia, a

commonwealth, or a territory of the United States who has

entered any full-time training or duty for which the service

member was ordered to report by the President, the governor of

a state, commonwealth, or territory of the United States, or

another appropriate military authority.

(r) Any person who violates this Section commits an

unlawful practice within the meaning of this Act.

(Source: P.A. 98-486, eff. 1-1-14; 98-756, eff. 7-16-14;

99-143, eff. 7-27-15; 99-373, eff. 1-1-16; revised 10-21-15.)

Section 640. The Job Referral and Job Listing Services

Consumer Protection Act is amended by changing Sections 5 and

12 as follows:

(815 ILCS 630/5) (from Ch. 121 1/2, par. 2005)

Sec. 5. Every Service shall be required to:

(1) Keep and make available to the Attorney General

during regular business hours, and to the State's States

Attorney of any county in which the Service conducts

business the following records:

(a) All job listing authorizations received by the

Service during the immediate past year. Each such

authorization shall include:

(i) the date when such authorization was

received.

(ii) the name of the person recording the

authorization.

(iii) the name and address of the employer or

agent of the employer, making the authorization.

(iv) the job title and the qualifications

therefor.

(v) the salary offered or to be paid for such

job, if known.

(vi) the The duration of the job.

(b) Copies of all contracts, agreements or other

documents signed by job seekers, pursuant to Section 6

of this Act, for the immediate past year.

(c) Copies of all receipts for fee payments given

to each job seeker, pursuant to this Act, for the

immediate past year.

(d) A current schedule of fees charged.

(e) All other written information relative to the

services provided to the job seeker.

(2) Furnish to each job seeker a copy of every written

instrument the job seeker has signed.

(3) Obtain a bona fide job order for employment prior

to collecting any fee from a job seeker or sending out a

job seeker to any place of employment.

(4) Furnish to each job seeker from whom a fee is

received, at the time payment is received, a receipt in

which shall be stated the name of the job seeker, the name

and address of the Service and its agent, the date and

amount of the fee and the purpose for which it was paid.

(5) Furnish to each job seeker, who is sent to a

prospective employer, with a card or similar paper stating

the nature of the prospective employment, the names of the

job seeker and prospective employer, and the address of the

employer.

(6) Verify each job listing authorization received

from the authorizing employer within 7 days following the

receipt or such authorization.

(7) Meet in person with a potential job seeker and

enter into a written contract before a job seeker provides

payment for a job list. A job list shall include, at a

minimum, the following information:

(a) name Name and address of the employer or agent

of the employer, making the authorization;

(b) job Job title and the qualifications therefor;

(c) salary Salary offered or to be paid for such

job, if known;

(d) the The duration of the job;

(e) location Location of the job; and

(f) certification Certification that the position

has not been filled as of the date that such a list is

made available to the job seeker.

Said job list shall be considered deliverable under the

contract.

(Source: P.A. 87-293; revised 10-19-15.)

(815 ILCS 630/12) (from Ch. 121 1/2, par. 2012)

Sec. 12. Violation of any of the provisions of this Act is

an unlawful practice pursuant to Section 2 of the Deceptive

Business Practices Act, as now or hereafter amended. All

remedies, penalties and authority granted to the Attorney

General or a State's States Attorney by that Act shall be

available to them for the enforcement of this Act. In any

action brought by the Attorney General or a State's States

Attorney to enforce this Act, the court may order that persons

who incurred actual damages be awarded the amount of actual

damages assessed.

(Source: P.A. 85-1367; revised 10-21-15.)

Section 645. The Victims' Economic Security and Safety Act

is amended by changing Section 905 as follows:

(820 ILCS 180/905)

Sec. 905. Severability. If any provision of this Act or the

application of such provision to any person or circumstance is

held to be in violation of the United Unites States

Constitution or Illinois Constitution, the remainder of the

provisions of this Act and the application of those provisions

to any person or circumstance shall not be affected.

(Source: P.A. 93-591, eff. 8-25-03; revised 10-21-15.)

Section 650. The Workers' Compensation Act is amended by

changing Section 14 as follows:

(820 ILCS 305/14) (from Ch. 48, par. 138.14)

Sec. 14. The Commission shall appoint a secretary, an

assistant secretary, and arbitrators and shall employ such

assistants and clerical help as may be necessary. Arbitrators

shall be appointed pursuant to this Section, notwithstanding

any provision of the Personnel Code.

Each arbitrator appointed after June 28, 2011 shall be

required to demonstrate in writing his or her knowledge of and

expertise in the law of and judicial processes of the Workers'

Compensation Act and the Workers' Occupational Diseases Act.

A formal training program for newly-hired arbitrators

shall be implemented. The training program shall include the

following:

(a) substantive and procedural aspects of the

arbitrator position;

(b) current issues in workers' compensation law and

practice;

(c) medical lectures by specialists in areas such as

orthopedics, ophthalmology, psychiatry, rehabilitation

counseling;

(d) orientation to each operational unit of the

Illinois Workers' Compensation Commission;

(e) observation of experienced arbitrators conducting

hearings of cases, combined with the opportunity to discuss

evidence presented and rulings made;

(f) the use of hypothetical cases requiring the trainee

to issue judgments as a means to evaluating knowledge and

writing ability;

(g) writing skills;

(h) professional and ethical standards pursuant to

Section 1.1 of this Act;

(i) detection of workers' compensation fraud and

reporting obligations of Commission employees and

appointees;

(j) standards of evidence-based medical treatment and

best practices for measuring and improving quality and

health care outcomes in the workers' compensation system,

including but not limited to the use of the American

Medical Association's "Guides to the Evaluation of

Permanent Impairment" and the practice of utilization

review; and

(k) substantive and procedural aspects of coal

workers' pneumoconiosis (black lung) cases.

A formal and ongoing professional development program

including, but not limited to, the above-noted areas shall be

implemented to keep arbitrators informed of recent

developments and issues and to assist them in maintaining and

enhancing their professional competence. Each arbitrator shall

complete 20 hours of training in the above-noted areas during

every 2 years such arbitrator shall remain in office.

Each arbitrator shall devote full time to his or her duties

and shall serve when assigned as an acting Commissioner when a

Commissioner is unavailable in accordance with the provisions

of Section 13 of this Act. Any arbitrator who is an

attorney-at-law shall not engage in the practice of law, nor

shall any arbitrator hold any other office or position of

profit under the United States or this State or any municipal

corporation or political subdivision of this State.

Notwithstanding any other provision of this Act to the

contrary, an arbitrator who serves as an acting Commissioner in

accordance with the provisions of Section 13 of this Act shall

continue to serve in the capacity of Commissioner until a

decision is reached in every case heard by that arbitrator

while serving as an acting Commissioner.

Notwithstanding any other provision of this Section, the

term of all arbitrators serving on June 28, 2011 (the effective

date of Public Act 97-18) this amendatory Act of the 97th

General Assembly, including any arbitrators on administrative

leave, shall terminate at the close of business on July 1,

2011, but the incumbents shall continue to exercise all of

their duties until they are reappointed or their successors are

appointed.

On and after June 28, 2011 (the effective date of Public

Act 97-18) this amendatory Act of the 97th General Assembly,

arbitrators shall be appointed to 3-year terms as follows:

(1) All appointments shall be made by the Governor with

the advice and consent of the Senate.

(2) For their initial appointments, 12 arbitrators

shall be appointed to terms expiring July 1, 2012; 12

arbitrators shall be appointed to terms expiring July 1,

2013; and all additional arbitrators shall be appointed to

terms expiring July 1, 2014. Thereafter, all arbitrators

shall be appointed to 3-year terms.

Upon the expiration of a term, the Chairman shall evaluate

the performance of the arbitrator and may recommend to the

Governor that he or she be reappointed to a second or

subsequent term by the Governor with the advice and consent of

the Senate.

Each arbitrator appointed on or after June 28, 2011 (the

effective date of Public Act 97-18) this amendatory Act of the

97th General Assembly and who has not previously served as an

arbitrator for the Commission shall be required to be

authorized to practice law in this State by the Supreme Court,

and to maintain this authorization throughout his or her term

of employment.

The performance of all arbitrators shall be reviewed by the

Chairman on an annual basis. The Chairman shall allow input

from the Commissioners in all such reviews.

The Commission shall assign no fewer than 3 arbitrators to

each hearing site. The Commission shall establish a procedure

to ensure that the arbitrators assigned to each hearing site

are assigned cases on a random basis. No arbitrator shall hear

cases in any county, other than Cook County, for more than 2

years in each 3-year term.

The Secretary and each arbitrator shall receive a per annum

salary of $4,000 less than the per annum salary of members of

The Illinois Workers' Compensation Commission as provided in

Section 13 of this Act, payable in equal monthly installments.

The members of the Commission, Arbitrators and other

employees whose duties require them to travel, shall have

reimbursed to them their actual traveling expenses and

disbursements made or incurred by them in the discharge of

their official duties while away from their place of residence

in the performance of their duties.

The Commission shall provide itself with a seal for the

authentication of its orders, awards and proceedings upon which

shall be inscribed the name of the Commission and the words

"Illinois--Seal".

The Secretary or Assistant Secretary, under the direction

of the Commission, shall have charge and custody of the seal of

the Commission and also have charge and custody of all records,

files, orders, proceedings, decisions, awards and other

documents on file with the Commission. He shall furnish

certified copies, under the seal of the Commission, of any such

records, files, orders, proceedings, decisions, awards and

other documents on file with the Commission as may be required.

Certified copies so furnished by the Secretary or Assistant

Secretary shall be received in evidence before the Commission

or any Arbitrator thereof, and in all courts, provided that the

original of such certified copy is otherwise competent and

admissible in evidence. The Secretary or Assistant Secretary

shall perform such other duties as may be prescribed from time

to time by the Commission.

(Source: P.A. 97-18, eff. 6-28-11; 97-719, eff. 6-29-12; 98-40,

eff. 6-28-13; revised 10-21-15.)

Section 995. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.

Section 996. No revival or extension. This Act does not

revive or extend any Section or Act otherwise repealed.

Section 999. Effective date. This Act takes effect upon

becoming law.

INDEX Statutes amended in order of appearance