Public Act 100-0201

HB3855 Enrolled LRB100 05985 AMC 16014 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 2017 General

Revisory Act.

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

in the law. It reconciles conflicts that have arisen from

multiple amendments and enactments and makes technical

corrections and revisions in the law.

This Act revises and, where appropriate, renumbers certain

Sections that have been added or amended by more than one

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 In certain cases in which a repealed Act or Section

has been replaced with a successor law, this Act may

incorporate amendments to the repealed Act or Section into the

successor law. This Act also corrects errors, revises

cross-references, and deletes obsolete text.

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

Section indicates the sources in the Session Laws of Illinois

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

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

include the different versions of the Section found in the

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

include other versions of the Section to be found in Public

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

is not a part of the text of the Section.

(d) Public Acts 99-492 through 99-919 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 Statute on Statutes is amended by changing

Section 8 as follows:

(5 ILCS 70/8) (from Ch. 1, par. 1107)

Sec. 8. Omnibus Bond Acts.

(a) A citation to the Omnibus Bond Acts is a citation to

all of the following Acts, collectively, as amended from time

to time: the Bond Authorization Act, the Registered Bond Act,

the Municipal Bond Reform Act, the Local Government Debt Reform

Act, subsection (a) of Section 1-7 of the Property Tax

Extension Limitation Act (now repealed), subsection (a) of

Section 18-190 of the Property Tax Code, the Uniform Facsimile

Signature of Public Officials Act, the Local Government Bond

Validity Act, the Illinois Finance Authority Act, the Public

Funds Investment Act, the Local Government Credit Enhancement

Act, the Local Government Defeasance of Debt Law, the

Intergovernmental Cooperation Act, the Local Government

Financial Planning and Supervision Act, the Special Assessment

Supplemental Bond and Procedures Procedure Act, Section 12-5 of

the Election Code, the State University Certificates of

Participation Act, and any similar Act granting additional

omnibus bond powers to governmental entities generally,

whether enacted before, on, or after June 6, 1989 (the

effective date of Public Act 86-4) this amendatory Act of 1989.

(b) The General Assembly recognizes that the proliferation

of governmental entities has resulted in the enactment of

hundreds of statutory provisions relating to the borrowing and

other powers of governmental entities. The General Assembly

addresses and has addressed problems common to all such

governmental entities so that they have equal access to the

municipal bond market. It has been, and will continue to be,

the intention of the General Assembly to enact legislation

applicable to governmental entities in an omnibus fashion, as

has been done in the provisions of the Omnibus Bond Acts.

(c) It is and always has been the intention of the General

Assembly that the Omnibus Bond Acts are and always have been

supplementary grants of power, cumulative in nature and in

addition to any power or authority granted in any other laws of

the State. The Omnibus Bond Acts are supplementary grants of

power when applied in connection with any similar grant of

power or limitation contained in any other law of the State,

whether or not the other law is enacted or amended after an

Omnibus Bond Act or appears to be more restrictive than an

Omnibus Bond Act, unless the General Assembly expressly

declares in such other law that a specifically named Omnibus

Bond Act does not apply.

(d) All instruments providing for the payment of money

executed by or on behalf of any governmental entity organized

by or under the laws of this State, including without

limitation the State, to carry out a public governmental or

proprietary function, acting through its corporate

authorities, or which any governmental entity has assumed or

agreed to pay, which were:

(1) issued or authorized to be issued by proceedings

adopted by such corporate authorities before June 6, 1989

(the effective date of Public Act 86-4) this amendatory Act

of 1989;

(2) issued or authorized to be issued in accordance

with the procedures set forth in or pursuant to any

authorization contained in any of the Omnibus Bond Acts;

and

(3) issued or authorized to be issued for any purpose

authorized by the laws of this State, are valid and legally

binding obligations of the governmental entity issuing

such instruments, payable in accordance with their terms.

(Source: P.A. 96-15, eff. 6-22-09; revised 9-2-16.)

Section 10. The Regulatory Sunset Act is amended by

changing Section 4.37 as follows:

(5 ILCS 80/4.37)

Sec. 4.37. Acts and Articles repealed on January 1, 2027.

The following Acts are repealed on January 1, 2027:

The Clinical Psychologist Licensing Act.

The Illinois Optometric Practice Act of 1987.

Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,

XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.

The Boiler and Pressure Vessel Repairer Regulation Act.

(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;

99-910, eff. 12-16-16; 99-911, eff. 12-16-16; revised 1-3-17.)

(5 ILCS 80/4.27 rep.)

Section 15. The Regulatory Sunset Act is amended by

repealing Section 4.27.

Section 20. 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. However, a meeting to consider an increase in

compensation to a specific employee of a public body that

is subject to the Local Government Wage Increase

Transparency Act may not be closed and shall be open to the

public and posted and held in accordance with this Act.

(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, or for the discussion of matters protected

under the federal Patient Safety and Quality Improvement

Act of 2005, and the regulations promulgated thereunder,

including 42 C.F.R. Part 3 (73 FR 70732), or the federal

Health Insurance Portability and Accountability Act of

1996, and the regulations promulgated thereunder,

including 45 C.F.R. Parts 160, 162, and 164, by 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 Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois 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 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;

99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff.

1-1-17; revised 9-21-16.)

Section 25. The Freedom of Information Act is amended by

changing Sections 7 and 7.5 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 Illinois Public Aid

Code or (ii) that pertain to appeals under Section 11-8 of

the Illinois 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) 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;

99-642, eff. 7-28-16; revised 10-25-16.)

(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 Act of 1996, Public Law 104-191, or any

subsequent amendments thereto, and any regulations

promulgated thereunder.

(u) Records and information provided to an independent

team of experts under Brian's Law.

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) (dd) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice 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;

99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.

8-19-16; revised 9-1-16.)

Section 30. The State Records Act is amended by changing

Section 2 as follows:

(5 ILCS 160/2) (from Ch. 116, par. 43.5)

Sec. 2. For the purposes of this Act:

"Secretary" means Secretary of State.

"Record" or "records" means all books, papers,

born-digital electronic material, digitized electronic

material, electronic material with a combination of digitized

and born-digital material, maps, photographs, databases, or

other official documentary materials, regardless of physical

form or characteristics, made, produced, executed, or received

by any agency in the State in pursuance of State state law or

in connection with the transaction of public business and

preserved or appropriate for preservation by that agency or its

successor as evidence of the organization, function, policies,

decisions, procedures, operations, or other activities of the

State or of the State Government, or because of the

informational data contained therein. Library and museum

material made or acquired and preserved solely for reference or

exhibition purposes, extra copies of documents preserved only

for convenience of reference, and stocks of publications and of

blank forms are not included within the definition of records

as used in this Act. Reports of impaired physicians under

Section 16.04 of the Medical Practice Act or Section 23 of the

Medical Practice Act of 1987 are not included within the

definition of records as used in this Act.

"Born-digital electronic material" means electronic

material created in digital form rather than converted from

print or analog form to digital form.

"Digitized electronic material" means electronic material

converted from print or analog form to digital form.

"Agency" means all parts, boards, and commissions of the

executive branch of the State government, including, but not

limited to, State colleges and universities and their governing

boards and all departments established by the "Civil

Administrative Code of Illinois," as heretofore or hereafter

amended.

"Public Officer" or "public officers" means all officers of

the executive branch of the State government, all officers

created by the "Civil Administrative Code of Illinois," as

heretofore or hereafter amended, and all other officers and

heads, presidents, or chairmen of boards, commissions, and

agencies of the State government.

"Commission" means the State Records Commission.

"Archivist" means the Secretary of State.

(Source: P.A. 99-147, eff. 1-1-16; revised 9-16-16.)

Section 35. The Illinois Notary Public Act is amended by

changing Section 2-106 as follows:

(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)

Sec. 2-106. Appointment Recorded by County Clerk. The

appointment of the applicant as a notary public is complete

when the commission is recorded with the county clerk.

The Secretary of State shall forward the applicant's

commission to the county clerk of the county in which the

applicant resides or, if the applicant is a resident of a state

bordering Illinois, the county in Illinois in which the

applicant's principal place of work or principal place of

business is located. Upon receipt thereof, the county clerk

shall notify the applicant of the action taken by the Secretary

of State, and the applicant shall either appear at the county

clerk's office to record the same and receive the commission or

request by mail to have the commission sent to the applicant

with a specimen signature of the applicant attached to the

request. The applicant shall have a record of the appointment,

and the time when the commission will expire, entered in the

records of the office of the county clerk. When the applicant

appears before the county clerk, the applicant shall pay a fee

of $5, at which time the county clerk shall then deliver the

commission to the applicant.

If the appointment is completed by mail, the applicant

shall pay the county clerk a fee of $10.00, which shall be

submitted with the request to the county clerk. The county

clerk shall then record the appointment and send the commission

by mail to the applicant.

If an applicant does not respond to the notification by the

county clerk within 30 days, the county clerk shall again

notify the applicant that the county clerk has received the

applicant's notary public commission issued by the Secretary of

State. The second notice shall be in substantially the

following form:

"The records of this office indicate that you have not

picked up your notary public commission from the Office of

the County Clerk.

The Illinois Notary Public Law requires you to appear in

person in the clerk's office, record your commission, and

pay a fee of $5.00 to the county clerk or request that your

commission be mailed to you. This request must be

accompanied by a specimen of your signature and a $10.00

fee payable to the county clerk.

Your appointment as a notary is not complete until the

commission is recorded with the county clerk. Furthermore,

if you do not make arrangements with the clerk for

recording and delivery of your commission within 30 days

from the date of this letter, the county clerk will return

your commission to the Secretary of State. Your commission

will be cancelled and your name will be removed from the

list of notaries in the State of Illinois.

I should also like to remind you that any person who

attests to any document as a notary and is not a notary in

good standing with the Office of the Secretary of State is

guilty of official misconduct and may be subject to a fine

or imprisonment.".

The Secretary of State shall cancel the appointment of all

notaries whose commissions are returned to his office by the

county clerks. No application fee will be refunded and no

bonding company is required to issue a refund when an

appointment is cancelled.

(Source: P.A. 91-818, eff. 6-13-00; revised 9-16-16.)

Section 40. The Illinois Public Labor Relations Act is

amended by changing Sections 27 and 28 as follows:

(5 ILCS 315/27) (from Ch. 48, par. 1627)

Sec. 27. Except as provided in Section 18 of this Act

herein, the provisions of the Labor Dispute Act "An Act

relating to disputes concerning terms and conditions of

employment", approved June 19, 1925, as now or hereafter

amended, apply.

(Source: P.A. 83-1012; revised 9-16-16.)

(5 ILCS 315/28)

Sec. 28. Applicability of changes made by Public Act

97-1158 amendatory Act of the 97th General Assembly. Nothing in

Public Act 97-1158 this amendatory Act of the 97th General

Assembly applies to workers or consumers in the Home-Based Home

Based Support Services Program in the Department of Human

Services Division of Developmental Disabilities.

(Source: P.A. 97-1158, eff. 1-29-13; revised 9-16-16.)

Section 45. The State Employee Vacation Time Act is amended

by changing Section 1 as follows:

(5 ILCS 360/1) (from Ch. 127, par. 63b120.1)

Sec. 1. After the effective date of this Act, computation

of vacation time of former State employees re-entering State

service shall be determined as though all previous State

service which qualified for earning of vacation benefits is

continuous with present service.

For purposes of this Section, "State employee" means an

"employee" as that term is defined in Section 2 of the "State

Salary and Annuity Withholding Act".

(Source: P.A. 77-1823; revised 9-1-16.)

Section 50. The State Employee Prevailing Wage Act is

amended by changing Section 1 as follows:

(5 ILCS 370/1) (from Ch. 127, par. 391)

Sec. 1. Whenever any State officer, agency, or authority,

whether funded by State taxes or otherwise, employs an

individual in a capacity or position of such a character as

would be subject to rules or regulations of the Department of

Central Management Services requiring the payment of the

prevailing rate of wages to those holding such a position or

serving in such a capacity if that employment were subject to

the "Personnel Code", the State officer, agency, or authority

shall pay that individual at the prevailing rate,

notwithstanding the nonapplicability of the "Personnel Code".

(Source: P.A. 82-789; revised 9-16-16.)

Section 60. The Illinois Governmental Ethics Act is amended

by changing Section 3-202 as follows:

(5 ILCS 420/3-202) (from Ch. 127, par. 603-202)

Sec. 3-202. When a legislator must take official action on

a legislative matter as to which he has a conflict situation

created by a personal, family, or client legislative interest,

he should consider the possibility of eliminating the interest

creating the conflict situation. If that is not feasible, he

should consider the possibility of abstaining from such

official action. In making his decision as to abstention, the

following factors should be considered: ;

a. whether a substantial threat to his independence of

judgment has been created by the conflict situation;

b. the effect of his participation on public confidence

in the integrity of the legislature;

c. whether his participation is likely to have any

significant effect on the disposition of the matter;

d. the need for his particular contribution, such as

special knowledge of the subject matter, to the effective

functioning of the legislature.

He need not abstain if he decides to participate in a

manner contrary to the economic interest which creates the

conflict situation.

If he does abstain, he should disclose that fact to his

respective legislative body.

(Source: Laws 1967, p. 3401; revised 10-26-16.)

Section 65. The Flag Display Act is amended by changing

Section 10 as follows:

(5 ILCS 465/10)

Sec. 10. Death of resident military member, law enforcement

officer, firefighter, or members of EMS crews.

(a) The Governor shall issue an official notice to fly the

following flags at half-staff upon the death of a resident of

this State killed (i) by hostile fire as a member of the United

States armed forces, (ii) in the line of duty as a law

enforcement officer, (iii) in the line of duty as a

firefighter, or (iv) in the line of duty as a member of an

Emergency Medical Services (EMS) crew, ; or (v) during on duty

training for active military duty: the United States national

flag, the State flag of Illinois, and, in the case of the death

of the member of the United States armed forces, the

appropriate military flag as defined in subsection (b) of

Section 18.6 of the Condominium Property Act. Upon the

Governor's notice, each person or entity required by this Act

to ensure the display of the United States national flag on a

flagstaff shall ensure that the flags described in the notice

are displayed at half-staff on the day designated for the

resident's funeral and the 2 days preceding that day.

(b) The Department of Veterans' Affairs shall notify the

Governor of the death by hostile fire of an Illinois resident

member of the United States armed forces. The Department of

State Police shall notify the Governor of the death in the line

of duty of an Illinois resident law enforcement officer. The

Office of the State Fire Marshal shall notify the Governor of

the death in the line of duty of an Illinois resident

firefighter. The Department of Public Health shall notify the

Governor of the death in the line of duty of an Illinois

resident member of an Emergency Medical Services (EMS) crew.

Notice to the Governor shall include at least the resident's

name and Illinois address, the date designated for the funeral,

and the circumstances of the death.

(c) For the purpose of this Section, the United States

armed forces includes: (i) the United States Army, Navy, Marine

Corps, Air Force, and Coast Guard; (ii) any reserve component

of each of the forces listed in item (i); and (iii) the

National Guard.

(d) Nothing in this Section requires the removal or

relocation of any existing flags currently displayed in the

State. This Section does not apply to a State facility if the

requirements of this Section cannot be satisfied without a

physical modification to that facility.

(Source: P.A. 98-234, eff. 1-1-14; 99-372, eff. 1-1-16; revised

1-24-17.)

Section 70. The Election Code is amended by changing

Sections 3-6, 4-8.5, 5-8.5, 6-35.5, 7-8, 18A-5, 20-5, 20-13,

and 24A-15.1 as follows:

(10 ILCS 5/3-6)

Sec. 3-6. Voting age. Notwithstanding any other provision

of law, a person who is 17 years old on the date of a caucus,

general primary election, or consolidated primary election and

who is otherwise qualified to vote is qualified to vote at that

caucus, general primary, or consolidated primary, including

voting a vote by mail, grace period, or early voting ballot

with respect to that general primary or consolidated primary,

if that person will be 18 years old on the date of the

immediately following general election or consolidated

election for which candidates are nominated at that primary.

References in this Code and elsewhere to the requirement

that a person must be 18 years old to vote shall be interpreted

in accordance with this Section.

For the purposes of this Code Act, an individual who is 17

years of age and who will be 18 years of age on the date of the

general or consolidated election shall be deemed competent to

execute and attest to any voter registration forms. An

individual who is 17 years of age, will be 18 years of age on

the date of the immediately following general or consolidated

election, and is otherwise qualified to vote shall be deemed

eligible to circulate a nominating petition or a petition

proposing a public question.

(Source: P.A. 98-51, eff. 1-1-14; 98-1171, eff. 6-1-15; 99-722,

eff. 8-5-16; revised 10-25-16.)

(10 ILCS 5/4-8.5)

Sec. 4-8.5. Deputy registrar eligibility. Unless otherwise

provided by law, an individual who that is 17 years old or

older who is registered to vote in this State shall be eligible

to serve as a deputy registrar.

(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)

(10 ILCS 5/5-8.5)

Sec. 5-8.5. Deputy registrar eligibility. Unless otherwise

provided by law, an individual who that is 17 years old or

older who is registered to vote in this State shall be eligible

to serve as a deputy registrar.

(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)

(10 ILCS 5/6-35.5)

Sec. 6-35.5. Deputy registrar eligibility. Unless

otherwise provided by law, an individual who that is 17 years

old or older who is registered to vote in this State shall be

eligible to serve as a deputy registrar.

(Source: P.A. 99-722, eff. 8-5-16; revised 10-25-16.)

(10 ILCS 5/7-8) (from Ch. 46, par. 7-8)

Sec. 7-8. The State central committee shall be composed of

one or two members from each congressional district in the

State and shall be elected as follows:

State Central Committee

(a) Within 30 days after January 1, 1984 (the effective

date of Public Act 83-33), this amendatory Act of 1983 the

State central committee of each political party shall certify

to the State Board of Elections which of the following

alternatives it wishes to apply to the State central committee

of that party.

Alternative A. At the primary in 1970 and at the general

primary election held every 4 years thereafter, each primary

elector may vote for one candidate of his party for member of

the State central committee for the congressional district in

which he resides. The candidate receiving the highest number of

votes shall be declared elected State central committeeman from

the district. A political party may, in lieu of the foregoing,

by a majority vote of delegates at any State convention of such

party, determine to thereafter elect the State central

committeemen in the manner following:

At the county convention held by such political party,

State central committeemen shall be elected in the same manner

as provided in this Article for the election of officers of the

county central committee, and such election shall follow the

election of officers of the county central committee. Each

elected ward, township or precinct committeeman shall cast as

his vote one vote for each ballot voted in his ward, township,

part of a township or precinct in the last preceding primary

election of his political party. In the case of a county lying

partially within one congressional district and partially

within another congressional district, each ward, township or

precinct committeeman shall vote only with respect to the

congressional district in which his ward, township, part of a

township or precinct is located. In the case of a congressional

district which encompasses more than one county, each ward,

township or precinct committeeman residing within the

congressional district shall cast as his vote one vote for each

ballot voted in his ward, township, part of a township or

precinct in the last preceding primary election of his

political party for one candidate of his party for member of

the State central committee for the congressional district in

which he resides and the Chairman of the county central

committee shall report the results of the election to the State

Board of Elections. The State Board of Elections shall certify

the candidate receiving the highest number of votes elected

State central committeeman for that congressional district.

The State central committee shall adopt rules to provide

for and govern the procedures to be followed in the election of

members of the State central committee.

After August 6, 1999 (the effective date of Public Act

91-426) this amendatory Act of the 91st General Assembly,

whenever a vacancy occurs in the office of Chairman of a State

central committee, or at the end of the term of office of

Chairman, the State central committee of each political party

that has selected Alternative A shall elect a Chairman who

shall not be required to be a member of the State Central

Committee. The Chairman shall be a registered voter in this

State and of the same political party as the State central

committee.

Alternative B. Each congressional committee shall, within

30 days after the adoption of this alternative, appoint a

person of the sex opposite that of the incumbent member for

that congressional district to serve as an additional member of

the State central committee until his or her successor is

elected at the general primary election in 1986. Each

congressional committee shall make this appointment by voting

on the basis set forth in paragraph (e) of this Section. In

each congressional district at the general primary election

held in 1986 and every 4 years thereafter, the male candidate

receiving the highest number of votes of the party's male

candidates for State central committeeman, and the female

candidate receiving the highest number of votes of the party's

female candidates for State central committeewoman, shall be

declared elected State central committeeman and State central

committeewoman from the district. At the general primary

election held in 1986 and every 4 years thereafter, if all a

party's candidates for State central committeemen or State

central committeewomen from a congressional district are of the

same sex, the candidate receiving the highest number of votes

shall be declared elected a State central committeeman or State

central committeewoman from the district, and, because of a

failure to elect one male and one female to the committee, a

vacancy shall be declared to exist in the office of the second

member of the State central committee from the district. This

vacancy shall be filled by appointment by the congressional

committee of the political party, and the person appointed to

fill the vacancy shall be a resident of the congressional

district and of the sex opposite that of the committeeman or

committeewoman elected at the general primary election. Each

congressional committee shall make this appointment by voting

on the basis set forth in paragraph (e) of this Section.

The Chairman of a State central committee composed as

provided in this Alternative B must be selected from the

committee's members.

Except as provided for in Alternative A with respect to the

selection of the Chairman of the State central committee, under

both of the foregoing alternatives, the State central committee

of each political party shall be composed of members elected or

appointed from the several congressional districts of the

State, and of no other person or persons whomsoever. The

members of the State central committee shall, within 41 days

after each quadrennial election of the full committee, meet in

the city of Springfield and organize by electing a chairman,

and may at such time elect such officers from among their own

number (or otherwise), as they may deem necessary or expedient.

The outgoing chairman of the State central committee of the

party shall, 10 days before the meeting, notify each member of

the State central committee elected at the primary of the time

and place of such meeting. In the organization and proceedings

of the State central committee, each State central committeeman

and State central committeewoman shall have one vote for each

ballot voted in his or her congressional district by the

primary electors of his or her party at the primary election

immediately preceding the meeting of the State central

committee. Whenever a vacancy occurs in the State central

committee of any political party, the vacancy shall be filled

by appointment of the chairmen of the county central committees

of the political party of the counties located within the

congressional district in which the vacancy occurs and, if

applicable, the ward and township committeemen of the political

party in counties of 2,000,000 or more inhabitants located

within the congressional district. If the congressional

district in which the vacancy occurs lies wholly within a

county of 2,000,000 or more inhabitants, the ward and township

committeemen of the political party in that congressional

district shall vote to fill the vacancy. In voting to fill the

vacancy, each chairman of a county central committee and each

ward and township committeeman in counties of 2,000,000 or more

inhabitants shall have one vote for each ballot voted in each

precinct of the congressional district in which the vacancy

exists of his or her county, township, or ward cast by the

primary electors of his or her party at the primary election

immediately preceding the meeting to fill the vacancy in the

State central committee. The person appointed to fill the

vacancy shall be a resident of the congressional district in

which the vacancy occurs, shall be a qualified voter, and, in a

committee composed as provided in Alternative B, shall be of

the same sex as his or her predecessor. A political party may,

by a majority vote of the delegates of any State convention of

such party, determine to return to the election of State

central committeeman and State central committeewoman by the

vote of primary electors. Any action taken by a political party

at a State convention in accordance with this Section shall be

reported to the State Board of Elections by the chairman and

secretary of such convention within 10 days after such action.

Ward, Township and Precinct Committeemen

(b) At the primary in 1972 and at the general primary

election every 4 years thereafter, each primary elector in

cities having a population of 200,000 or over may vote for one

candidate of his party in his ward for ward committeeman. Each

candidate for ward committeeman must be a resident of and in

the ward where he seeks to be elected ward committeeman. The

one having the highest number of votes shall be such ward

committeeman of such party for such ward. At the primary

election in 1970 and at the general primary election every 4

years thereafter, each primary elector in counties containing a

population of 2,000,000 or more, outside of cities containing a

population of 200,000 or more, may vote for one candidate of

his party for township committeeman. Each candidate for

township committeeman must be a resident of and in the township

or part of a township (which lies outside of a city having a

population of 200,000 or more, in counties containing a

population of 2,000,000 or more), and in which township or part

of a township he seeks to be elected township committeeman. The

one having the highest number of votes shall be such township

committeeman of such party for such township or part of a

township. At the primary in 1970 and at the general primary

election every 2 years thereafter, each primary elector, except

in counties having a population of 2,000,000 or over, may vote

for one candidate of his party in his precinct for precinct

committeeman. Each candidate for precinct committeeman must be

a bona fide resident of the precinct where he seeks to be

elected precinct committeeman. The one having the highest

number of votes shall be such precinct committeeman of such

party for such precinct. The official returns of the primary

shall show the name of the committeeman of each political

party.

Terms of Committeemen. All precinct committeemen elected

under the provisions of this Article shall continue as such

committeemen until the date of the primary to be held in the

second year after their election. Except as otherwise provided

in this Section for certain State central committeemen who have

2 year terms, all State central committeemen, township

committeemen and ward committeemen shall continue as such

committeemen until the date of primary to be held in the fourth

year after their election. However, a vacancy exists in the

office of precinct committeeman when a precinct committeeman

ceases to reside in the precinct in which he was elected and

such precinct committeeman shall thereafter neither have nor

exercise any rights, powers or duties as committeeman in that

precinct, even if a successor has not been elected or

appointed.

(c) The Multi-Township Central Committee shall consist of

the precinct committeemen of such party, in the multi-township

assessing district formed pursuant to Section 2-10 of the

Property Tax Code and shall be organized for the purposes set

forth in Section 45-25 of the Township Code. In the

organization and proceedings of the Multi-Township Central

Committee each precinct committeeman shall have one vote for

each ballot voted in his precinct by the primary electors of

his party at the primary at which he was elected.

County Central Committee

(d) The county central committee of each political party in

each county shall consist of the various township committeemen,

precinct committeemen and ward committeemen, if any, of such

party in the county. In the organization and proceedings of the

county central committee, each precinct committeeman shall

have one vote for each ballot voted in his precinct by the

primary electors of his party at the primary at which he was

elected; each township committeeman shall have one vote for

each ballot voted in his township or part of a township as the

case may be by the primary electors of his party at the primary

election for the nomination of candidates for election to the

General Assembly immediately preceding the meeting of the

county central committee; and in the organization and

proceedings of the county central committee, each ward

committeeman shall have one vote for each ballot voted in his

ward by the primary electors of his party at the primary

election for the nomination of candidates for election to the

General Assembly immediately preceding the meeting of the

county central committee.

Cook County Board of Review Election District Committee

(d-1) Each board of review election district committee of

each political party in Cook County shall consist of the

various township committeemen and ward committeemen, if any, of

that party in the portions of the county composing the board of

review election district. In the organization and proceedings

of each of the 3 election district committees, each township

committeeman shall have one vote for each ballot voted in his

or her township or part of a township, as the case may be, by

the primary electors of his or her party at the primary

election immediately preceding the meeting of the board of

review election district committee; and in the organization and

proceedings of each of the 3 election district committees, each

ward committeeman shall have one vote for each ballot voted in

his or her ward or part of that ward, as the case may be, by the

primary electors of his or her party at the primary election

immediately preceding the meeting of the board of review

election district committee.

Congressional Committee

(e) The congressional committee of each party in each

congressional district shall be composed of the chairmen of the

county central committees of the counties composing the

congressional district, except that in congressional districts

wholly within the territorial limits of one county, the

precinct committeemen, township committeemen and ward

committeemen, if any, of the party representing the precincts

within the limits of the congressional district, shall compose

the congressional committee. A State central committeeman in

each district shall be a member and the chairman or, when a

district has 2 State central committeemen, a co-chairman of the

congressional committee, but shall not have the right to vote

except in case of a tie.

In the organization and proceedings of congressional

committees composed of precinct committeemen or township

committeemen or ward committeemen, or any combination thereof,

each precinct committeeman shall have one vote for each ballot

voted in his precinct by the primary electors of his party at

the primary at which he was elected, each township committeeman

shall have one vote for each ballot voted in his township or

part of a township as the case may be by the primary electors

of his party at the primary election immediately preceding the

meeting of the congressional committee, and each ward

committeeman shall have one vote for each ballot voted in each

precinct of his ward located in such congressional district by

the primary electors of his party at the primary election

immediately preceding the meeting of the congressional

committee; and in the organization and proceedings of

congressional committees composed of the chairmen of the county

central committees of the counties within such district, each

chairman of such county central committee shall have one vote

for each ballot voted in his county by the primary electors of

his party at the primary election immediately preceding the

meeting of the congressional committee.

Judicial District Committee

(f) The judicial district committee of each political party

in each judicial district shall be composed of the chairman of

the county central committees of the counties composing the

judicial district.

In the organization and proceedings of judicial district

committees composed of the chairmen of the county central

committees of the counties within such district, each chairman

of such county central committee shall have one vote for each

ballot voted in his county by the primary electors of his party

at the primary election immediately preceding the meeting of

the judicial district committee.

Circuit Court Committee

(g) The circuit court committee of each political party in

each judicial circuit outside Cook County shall be composed of

the chairmen of the county central committees of the counties

composing the judicial circuit.

In the organization and proceedings of circuit court

committees, each chairman of a county central committee shall

have one vote for each ballot voted in his county by the

primary electors of his party at the primary election

immediately preceding the meeting of the circuit court

committee.

Judicial Subcircuit Committee

(g-1) The judicial subcircuit committee of each political

party in each judicial subcircuit in a judicial circuit divided

into subcircuits shall be composed of (i) the ward and township

committeemen of the townships and wards composing the judicial

subcircuit in Cook County and (ii) the precinct committeemen of

the precincts composing the judicial subcircuit in any county

other than Cook County.

In the organization and proceedings of each judicial

subcircuit committee, each township committeeman shall have

one vote for each ballot voted in his township or part of a

township, as the case may be, in the judicial subcircuit by the

primary electors of his party at the primary election

immediately preceding the meeting of the judicial subcircuit

committee; each precinct committeeman shall have one vote for

each ballot voted in his precinct or part of a precinct, as the

case may be, in the judicial subcircuit by the primary electors

of his party at the primary election immediately preceding the

meeting of the judicial subcircuit committee; and each ward

committeeman shall have one vote for each ballot voted in his

ward or part of a ward, as the case may be, in the judicial

subcircuit by the primary electors of his party at the primary

election immediately preceding the meeting of the judicial

subcircuit committee.

Municipal Central Committee

(h) The municipal central committee of each political party

shall be composed of the precinct, township or ward

committeemen, as the case may be, of such party representing

the precincts or wards, embraced in such city, incorporated

town or village. The voting strength of each precinct, township

or ward committeeman on the municipal central committee shall

be the same as his voting strength on the county central

committee.

For political parties, other than a statewide political

party, established only within a municipality or township, the

municipal or township managing committee shall be composed of

the party officers of the local established party. The party

officers of a local established party shall be as follows: the

chairman and secretary of the caucus for those municipalities

and townships authorized by statute to nominate candidates by

caucus shall serve as party officers for the purpose of filling

vacancies in nomination under Section 7-61; for municipalities

and townships authorized by statute or ordinance to nominate

candidates by petition and primary election, the party officers

shall be the party's candidates who are nominated at the

primary. If no party primary was held because of the provisions

of Section 7-5, vacancies in nomination shall be filled by the

party's remaining candidates who shall serve as the party's

officers.

Powers

(i) Each committee and its officers shall have the powers

usually exercised by such committees and by the officers

thereof, not inconsistent with the provisions of this Article.

The several committees herein provided for shall not have power

to delegate any of their powers, or functions to any other

person, officer or committee, but this shall not be construed

to prevent a committee from appointing from its own membership

proper and necessary subcommittees.

(j) The State central committee of a political party which

elects its it members by Alternative B under paragraph (a) of

this Section shall adopt a plan to give effect to the delegate

selection rules of the national political party and file a copy

of such plan with the State Board of Elections when approved by

a national political party.

(k) For the purpose of the designation of a proxy by a

Congressional Committee to vote in place of an absent State

central committeeman or committeewoman at meetings of the State

central committee of a political party which elects its members

by Alternative B under paragraph (a) of this Section, the proxy

shall be appointed by the vote of the ward and township

committeemen, if any, of the wards and townships which lie

entirely or partially within the Congressional District from

which the absent State central committeeman or committeewoman

was elected and the vote of the chairmen of the county central

committees of those counties which lie entirely or partially

within that Congressional District and in which there are no

ward or township committeemen. When voting for such proxy, the

county chairman, ward committeeman or township committeeman,

as the case may be, shall have one vote for each ballot voted

in his county, ward or township, or portion thereof within the

Congressional District, by the primary electors of his party at

the primary at which he was elected. However, the absent State

central committeeman or committeewoman may designate a proxy

when permitted by the rules of a political party which elects

its members by Alternative B under paragraph (a) of this

Section.

Notwithstanding any law to the contrary, a person is

ineligible to hold the position of committeeperson in any

committee established pursuant to this Section if he or she is

statutorily ineligible to vote in a general election because of

conviction of a felony. When a committeeperson is convicted of

a felony, the position occupied by that committeeperson shall

automatically become vacant.

(Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-699,

eff. 11-9-07; revised 9-6-16.)

(10 ILCS 5/18A-5)

Sec. 18A-5. Provisional voting; general provisions.

(a) A person who claims to be a registered voter is

entitled to cast a provisional ballot under the following

circumstances:

(1) The person's name does not appear on the official

list of eligible voters for the precinct in which the

person seeks to vote and the person has refused an

opportunity to register at the polling location or another

grace period registration site. The official list is the

centralized statewide voter registration list established

and maintained in accordance with Section 1A-25;

(2) The person's voting status has been challenged by

an election judge, a pollwatcher, or any legal voter and

that challenge has been sustained by a majority of the

election judges;

(3) A federal or State court order extends the time for

closing the polls beyond the time period established by

State law and the person votes during the extended time

period;

(4) The voter registered to vote by mail and is

required by law to present identification when voting

either in person or by early voting ballot, but fails to do

so;

(5) The voter's name appears on the list of voters who

voted during the early voting period, but the voter claims

not to have voted during the early voting period; or

(6) The voter received a vote by mail ballot but did

not return the vote by mail ballot to the election

authority; or

(7) The voter attempted to register to vote on election

day, but failed to provide the necessary documentation.

(b) The procedure for obtaining and casting a provisional

ballot at the polling place shall be as follows:

(1) After first verifying through an examination of the

precinct register that the person's address is within the

precinct boundaries, an election judge at the polling place

shall notify a person who is entitled to cast a provisional

ballot pursuant to subsection (a) that he or she may cast a

provisional ballot in that election. An election judge must

accept any information provided by a person who casts a

provisional ballot that the person believes supports his or

her claim that he or she is a duly registered voter and

qualified to vote in the election. However, if the person's

residence address is outside the precinct boundaries, the

election judge shall inform the person of that fact, give

the person the appropriate telephone number of the election

authority in order to locate the polling place assigned to

serve that address, and instruct the person to go to the

proper polling place to vote.

(2) The person shall execute a written form provided by

the election judge that shall state or contain all of the

following that is available:

(i) an affidavit stating the following:

State of Illinois, County of ................,

Township ............., Precinct ........, Ward

........, I, ......................., do solemnly

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

United States; I am 18 years of age or older; I

have resided in this State and in this precinct for

30 days preceding this election; I have not voted

in this election; I am a duly registered voter in

every respect; and I am eligible to vote in this

election. Signature ...... Printed Name of Voter

....... Printed Residence Address of Voter ......

City ...... State .... Zip Code ..... Telephone

Number ...... Date of Birth ....... and Illinois

Driver's License Number ....... or Last 4 digits of

Social Security Number ...... or State

Identification Card Number issued to you by the

Illinois Secretary of State ........

(ii) A box for the election judge to check one of

the 6 reasons why the person was given a provisional

ballot under subsection (a) of this Section 18A-5.

(iii) An area for the election judge to affix his

or her signature and to set forth any facts that

support or oppose the allegation that the person is not

qualified to vote in the precinct in which the person

is seeking to vote.

The written affidavit form described in this

subsection (b)(2) must be printed on a multi-part form

prescribed by the county clerk or board of election

commissioners, as the case may be.

(3) After the person executes the portion of the

written affidavit described in subsection (b)(2)(i) of

this Section, the election judge shall complete the portion

of the written affidavit described in subsection

(b)(2)(iii) and (b)(2)(iv).

(4) The election judge shall give a copy of the

completed written affidavit to the person. The election

judge shall place the original written affidavit in a

self-adhesive clear plastic packing list envelope that

must be attached to a separate envelope marked as a

"provisional ballot envelope". The election judge shall

also place any information provided by the person who casts

a provisional ballot in the clear plastic packing list

envelope. Each county clerk or board of election

commissioners, as the case may be, must design, obtain or

procure self-adhesive clear plastic packing list envelopes

and provisional ballot envelopes that are suitable for

implementing this subsection (b)(4) of this Section.

(5) The election judge shall provide the person with a

provisional ballot, written instructions for casting a

provisional ballot, and the provisional ballot envelope

with the clear plastic packing list envelope affixed to it,

which contains the person's original written affidavit

and, if any, information provided by the provisional voter

to support his or her claim that he or she is a duly

registered voter. An election judge must also give the

person written information that states that any person who

casts a provisional ballot shall be able to ascertain,

pursuant to guidelines established by the State Board of

Elections, whether the provisional vote was counted in the

official canvass of votes for that election and, if the

provisional vote was not counted, the reason that the vote

was not counted.

(6) After the person has completed marking his or her

provisional ballot, he or she shall place the marked ballot

inside of the provisional ballot envelope, close and seal

the envelope, and return the envelope to an election judge,

who shall then deposit the sealed provisional ballot

envelope into a securable container separately identified

and utilized for containing sealed provisional ballot

envelopes. Ballots that are provisional because they are

cast after 7:00 p.m. by court order shall be kept separate

from other provisional ballots. Upon the closing of the

polls, the securable container shall be sealed with

filament tape provided for that purpose, which shall be

wrapped around the box lengthwise and crosswise, at least

twice each way, and each of the election judges shall sign

the seal.

(c) Instead of the affidavit form described in subsection

(b), the county clerk or board of election commissioners, as

the case may be, may design and use a multi-part affidavit form

that is imprinted upon or attached to the provisional ballot

envelope described in subsection (b). If a county clerk or

board of election commissioners elects to design and use its

own multi-part affidavit form, then the county clerk or board

of election commissioners shall establish a mechanism for

accepting any information the provisional voter has supplied to

the election judge to support his or her claim that he or she

is a duly registered voter. In all other respects, a county

clerk or board of election commissioners shall establish

procedures consistent with subsection (b).

(d) The county clerk or board of election commissioners, as

the case may be, shall use the completed affidavit form

described in subsection (b) to update the person's voter

registration information in the State voter registration

database and voter registration database of the county clerk or

board of election commissioners, as the case may be. If a

person is later determined not to be a registered voter based

on Section 18A-15 of this Code, then the affidavit shall be

processed by the county clerk or board of election

commissioners, as the case may be, as a voter registration

application.

(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14;

98-1171, eff. 6-1-15; revised 9-2-16.)

(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)

Sec. 20-5. The election authority shall fold the ballot or

ballots in the manner specified by the statute for folding

ballots prior to their deposit in the ballot box and shall

enclose such ballot in an envelope unsealed to be furnished by

it, which envelope shall bear upon the face thereof the name,

official title and post office address of the election

authority, and upon the other side of such envelope there shall

be printed a certification in substantially the following form:

"CERTIFICATION

I state that I am a resident/former resident of the .......

precinct of the city/village/township of ............,

(Designation to be made by Election Authority) or of the ....

ward in the city of ........... (Designation to be made by

Election Authority) residing at ................ in said

city/village/township in the county of ........... and State of

Illinois; that I am a

1. ( ) member of the United States Service

2. ( ) citizen of the United States temporarily residing

outside the territorial limits of the United States

3. ( ) nonresident civilian citizen

and desire to cast the enclosed ballot pursuant to Article 20

of the The Election Code; that I am lawfully entitled to vote

in such precinct at the ........... election to be held on

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

I further state that I marked the enclosed ballot in

secret.

Under penalties as provided by law pursuant to Article 29

of the The Election Code, the undersigned certifies that the

statements set forth in this certification are true and

correct.

...............(Name)

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

(Service Address) "

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

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

..................... "

If the ballot enclosed is to be voted at a primary

election, the certification shall designate the name of the

political party with which the voter is affiliated.

In addition to the above, the election authority shall

provide printed slips giving full instructions regarding the

manner of completing the forms and affidavits for registration

by mail or the manner of marking and returning the ballot in

order that the same may be counted, and shall furnish one of

the printed slips to each of the applicants at the same time

the registration materials or ballot is delivered to him.

In addition to the above, if a ballot to be provided to an

elector pursuant to this Section contains a public question

described in subsection (b) of Section 28-6 and the territory

concerning which the question is to be submitted is not

described on the ballot due to the space limitations of such

ballot, the election authority shall provide a printed copy of

a notice of the public question, which shall include a

description of the territory in the manner required by Section

16-7. The notice shall be furnished to the elector at the same

time the ballot is delivered to the elector.

The envelope in which such registration or such ballot is

mailed to the voter as well as the envelope in which the

registration materials or the ballot is returned by the voter

shall have printed across the face thereof two parallel

horizontal red bars, each one-quarter inch wide, extending from

one side of the envelope to the other side, with an intervening

space of one-quarter inch, the top bar to be one and

one-quarter inches from the top of the envelope, and with the

words "Official Election Balloting Material-VIA AIR MAIL"

between the bars. In the upper right corner of such envelope in

a box, there shall be printed the words: "U.S. Postage Paid 42

USC 1973". All printing on the face of such envelopes shall be

in red, including an appropriate inscription or blank in the

upper left corner of return address of sender.

The envelope in which the ballot is returned to the

election authority may be delivered (i) by mail, postage paid,

(ii) in person, by the spouse, parent, child, brother, or

sister of the voter, or (iii) by a company engaged in the

business of making deliveries of property and licensed as a

motor carrier of property by the Illinois Commerce Commission

under the Illinois Commercial Transportation Law.

Election authorities transmitting ballots by facsimile or

electronic transmission shall, to the extent possible, provide

those applicants with the same instructions, certification,

and other materials required when sending by mail.

(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)

(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)

Sec. 20-13. If otherwise qualified to vote, any person not

covered by Section Sections 20-2, 20-2.1, or 20-2.2 of this

Article who is not registered to vote and who is temporarily

absent from his county of residence, may make special

application to the election authority having jurisdiction over

his precinct of permanent residence, not less than 5 days

before a presidential election, for a vote by mail ballot to

vote for the president and vice-president only. Such

application shall be furnished by the election authority and

shall be in substantially the following form:

SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by

non-registered Illinois residents temporarily absent from the

county to vote for the president and vice-president only)

AFFIDAVIT

1. I hereby request a vote by mail ballot to vote for the

president and vice-president only ......... (insert date of

general election)

2. I am a citizen of the United States and a permanent

resident of Illinois.

3. I have maintained, and still maintain, a permanent abode

in Illinois for the past .......... years at: ..........

(House) .......... (Number) .......... (Street) ..........

(City) .......... (Village) .......... (Town)

4. I will not be able to regularly register in person as a

voter because .................... (Give reason for temporary

absence such as "Student", "Temporary job transfer", etc.)

5. I was born .......... (Month) .......... (Day)

.......... (Year) in .................... (State or County);

6. To be filled in only by a person who is foreign-born (If

answer is "yes" in either a. or b. below, fill in appropriate

information in c.):

a. One or both of my parents were United States citizens at

the time of my birth?

( ) YES ( ) NO )

b. My United States citizenship was derived through an act

of the Congress of the United States?

( ) YES ( ) NO

c. The name of the court issuing papers and the date

thereof upon which my United States citizenship was derived is

.................... located in .......... (City) ..........

(State) on .......... (Month) .......... (Day) ..........

(Year)

(For persons who derived citizenship through papers issued

through a parent or spouse, fill in the following)

(1) My parents or spouse's name is:

......... (First) .......... (Middle) .......... (Last)

(2) ........ (Month) .......... (Day) .......... (Year)

is the date of my marriage or my age at which time I

derived my citizenship.

7. I am not registered as a voter in any other county in

the State of Illinois or in any other State.

8. I am not requesting a ballot from any other place and am

not voting in any other manner in this election and I have not

voted and do not intend to vote in this election at any other

address. I request that you mail my ballot to the following

address:

(Print name and complete mailing address)

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

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

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

9. Under penalties as provided by law pursuant to Article

29 of The Election Code, the undersigned certifies that the

statements set forth in this application are true and correct.

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

Signature of Applicant

The procedures set forth in Sections 20-4 through 20-12 of

this Article, insofar as they may be made applicable, shall be

applicable to vote by mail voting under this Section.

(Source: P.A. 98-1171, eff. 6-1-15; revised 9-6-16.)

(10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)

Sec. 24A-15.1. Except as herein provided, discovery

recounts and election contests shall be conducted as otherwise

provided for in this "The Election Code", as amended. The

automatic tabulating equipment shall be tested prior to the

discovery recount or election contest as provided in Section

24A-9, and then the official ballots or ballot cards shall be

recounted on the automatic tabulating equipment. In addition,

(1) the ballot or ballot cards shall be checked for the

presence or absence of judges' initials and other

distinguishing marks, and (2) the ballots marked "Rejected",

"Defective", "Objected to", "Vote by Mail Ballot", and "Early

Ballot" shall be examined to determine the propriety of the

labels, and (3) the "Duplicate Vote by Mail Ballots",

"Duplicate Early Ballots", "Duplicate Overvoted Ballots", and

"Duplicate Damaged Ballots" shall be compared with their

respective originals to determine the correctness of the

duplicates.

Any person who has filed a petition for discovery recount

may request that a redundant count be conducted in those

precincts in which the discovery recount is being conducted.

The additional costs of such a redundant count shall be borne

by the requesting party.

The log of the computer operator and all materials retained

by the election authority in relation to vote tabulation and

canvass shall be made available for any discovery recount or

election contest.

(Source: P.A. 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15;

revised 9-2-16.)

Section 75. The State Budget Law of the Civil

Administrative Code of Illinois is amended by changing Section

50-15 as follows:

(15 ILCS 20/50-15) (was 15 ILCS 20/38.2)

Sec. 50-15. Department accountability reports.

(a) Beginning in the fiscal year which begins July 1, 1992,

each department of State government as listed in Section 5-15

of the Departments of State Government Law (20 ILCS 5/5-15)

shall submit an annual accountability report to the Bureau of

the Budget (now Governor's Office of Management and Budget) at

times designated by the Director of the Bureau of the Budget

(now Governor's Office of Management and Budget). Each

accountability report shall be designed to assist the Bureau

(now Office) in its duties under Sections 2.2 and 2.3 of the

Governor's Office of Management and Budget Act and shall

measure the department's performance based on criteria, goals,

and objectives established by the department with the oversight

and assistance of the Bureau (now Office). Each department

shall also submit interim progress reports at times designated

by the Director of the Bureau (now Office).

(b) (Blank).

(c) The Director of the Bureau (now Office) shall select

not more than 3 departments for a pilot program implementing

the procedures of subsection (a) for budget requests for the

fiscal years beginning July 1, 1990 and July 1, 1991, and each

of the departments elected shall submit accountability reports

for those fiscal years.

By April 1, 1991, the Bureau (now Office) shall recommend

in writing to the Governor any changes in the budget review

process established pursuant to this Section suggested by its

evaluation of the pilot program. The Governor shall submit

changes to the budget review process that the Governor plans to

adopt, based on the report, to the President and Minority

Leader of the Senate and the Speaker and Minority Leader of the

House of Representatives.

(Source: P.A. 94-793, eff. 5-19-06; revised 9-19-16.)

Section 80. The Secretary of State Act is amended by

changing Section 6 as follows:

(15 ILCS 305/6) (from Ch. 124, par. 6)

Sec. 6. The Secretary of State shall keep a current file,

in alphabetical order, of every sanitary district in the State.

Whenever an ordinance for a name change is passed pursuant to

Section 4.1 of the "Sanitary District Act of 1917, as now or

hereafter amended, he shall make the certification required by

that Section.

(Source: P.A. 80-424; revised 9-19-16.)

Section 85. The Illinois Identification Card Act is amended

by changing Sections 1A, 5, and 12 as follows:

(15 ILCS 335/1A)

Sec. 1A. Definitions. As used in this Act:

"Highly restricted personal information" means an

individual's photograph, signature, social security number,

and medical or disability information.

"Identification card making implement" means any material,

hardware, or software that is specifically designed for or

primarily used in the manufacture, assembly, issuance, or

authentication of an official identification card issued by the

Secretary of State.

"Fraudulent identification card" means any identification

card that purports to be an official identification card for

which a computerized number and file have not been created by

the Secretary of State, the United States Government or any

state or political subdivision thereof, or any governmental or

quasi-governmental organization. For the purpose of this Act,

any identification card that resembles an official

identification card in either size, color, photograph

location, or design or uses the word "official", "state",

"Illinois", or the name of any other state or political

subdivision thereof, or any governmental or quasi-governmental

organization individually or in any combination thereof to

describe or modify the term "identification card" or "I.D.

card" anywhere on the card, or uses a shape in the likeness of

Illinois or any other state on the photograph side of the card,

is deemed to be a fraudulent identification card unless the

words "This is not an official Identification Card", appear

prominently upon it in black colored lettering in 12-point 12

point type on the photograph side of the card, and no such card

shall be smaller in size than 3 inches by 4 inches, and the

photograph shall be on the left side of the card only.

"Legal name" means the full given name and surname of an

individual as recorded at birth, recorded at marriage, or

deemed as the correct legal name for use in reporting income by

the Social Security Administration or the name as otherwise

established through legal action that appears on the associated

official document presented to the Secretary of State.

"Personally identifying information" means information

that identifies an individual, including his or her

identification card number, name, address (but not the 5-digit

zip code), and telephone number.

"Homeless person" or "homeless individual" has the same

meaning as defined by the federal McKinney-Vento Homeless

Assistance Act, 42 U.S.C. 11302, or 42 U.S.C. 11434a(2).

"Youth for whom the Department of Children and Family

Services is legally responsible for" or "foster "Foster child"

means a child or youth whose guardianship or custody has been

accepted by the Department of Children and Family Services

pursuant to the Juvenile Court Act of 1987, the Children and

Family Services Act, the Abused and Neglected Child Reporting

Act, and the Adoption Act. This applies to children for whom

the Department of Children and Family Services has temporary

protective custody, custody or guardianship via court order, or

children whose parents have signed an adoptive surrender or

voluntary placement agreement with the Department.

(Source: P.A. 99-659, eff. 7-28-16; revised 10-3-16.)

(15 ILCS 335/5) (from Ch. 124, par. 25)

Sec. 5. Applications.

(a) Any natural person who is a resident of the State of

Illinois may file an application for an identification card, or

for the renewal thereof, in a manner prescribed by the

Secretary. Each original application shall be completed by the

applicant in full and shall set forth the legal name, residence

address and zip code, social security number, birth date, sex

and a brief description of the applicant. The applicant shall

be photographed, unless the Secretary of State has provided by

rule for the issuance of identification cards without

photographs and the applicant is deemed eligible for an

identification card without a photograph under the terms and

conditions imposed by the Secretary of State, and he or she

shall also submit any other information as the Secretary may

deem necessary or such documentation as the Secretary may

require to determine the identity of the applicant. In addition

to the residence address, the Secretary may allow the applicant

to provide a mailing address. 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 in lieu of the applicant's residence or

mailing address. An applicant for an Illinois Person with a

Disability Identification Card must also submit with each

original or renewal application, on forms prescribed by the

Secretary, such documentation as the Secretary may require,

establishing that the applicant is a "person with a disability"

as defined in Section 4A of this Act, and setting forth the

applicant's type and class of disability as set forth in

Section 4A of this Act. For the purposes of this subsection

(a), "peace officer" means any person who by virtue of his or

her office or public employment is vested by law with a duty to

maintain public order or to make arrests for a violation of any

penal statute of this State, whether that duty extends to all

violations or is limited to specific violations.

(b) Beginning on or before July 1, 2015, for each original

or renewal identification card application under this Act, the

Secretary shall inquire as to whether the applicant is a

veteran for purposes of issuing an identification card with a

veteran designation under subsection (c-5) of Section 4 of this

Act. The acceptable forms of proof shall include, but are not

limited to, Department of Defense form DD-214. The Illinois

Department of Veterans' Affairs shall advise the Secretary as

to what other forms of proof of a person's status as a veteran

are acceptable.

The Illinois Department of Veterans' Affairs shall confirm

the status of the applicant as an honorably discharged veteran

before the Secretary may issue the identification card.

For purposes of this subsection (b):

"Armed forces" means any of the Armed Forces of the United

States, including a member of any reserve component or National

Guard unit.

"Veteran" means a person who has served in the armed forces

and was discharged or separated under honorable conditions.

(c) Beginning July 1, 2017, all applicants for standard

Illinois Identification Cards and Illinois Person with a

Disability Identification Cards shall provide proof of lawful

status in the United States as defined in 6 CFR 37.3, as

amended. Applicants who are unable to provide the Secretary

with proof of lawful status are ineligible for identification

cards under this Act.

(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;

99-511, eff. 1-1-17; 99-544, eff. 7-15-16; revised 9-21-16.)

(15 ILCS 335/12) (from Ch. 124, par. 32)

(Text of Section before amendment by P.A. 99-907)

Sec. 12. Fees concerning standard Standard Illinois

Identification Cards. The fees required under this Act for

standard Illinois Identification Cards must accompany any

application provided for in this Act, and the Secretary shall

collect such fees as follows:

a. Original card............................... $20 b. Renewal card................................ 20 c. Corrected card.............................. 10 d. Duplicate card.............................. 20 e. Certified copy with seal ................... 5 f. Search ..................................... 2 g. Applicant 65 years of age or over .......... No Fee h. (Blank) .................................... i. Individual living in Veterans Home or Hospital ........................... No Fee j. Original card under 18 years of age.......... $10 k. Renewal card under 18 years of age........... $10 l. Corrected card under 18 years of age......... $5 m. Duplicate card under 18 years of age......... $10 n. Homeless person.............................. No Fee o. Duplicate card issued to an active-duty member of the United States Armed Forces, the member's spouse, or dependent children living with the member...................... No Fee p. Duplicate temporary card..................... $5 q. p. First card issued to a youth for whom the Department of Children and Family Services is legally responsible

for or a foster child upon turning the age of 16 years old until he or she reaches they reach the age of 21 years old.......... No Fee

All fees collected under this Act shall be paid into the

Road Fund of the State treasury, except that the following

amounts shall be paid into the General Revenue Fund: (i) 80% of

the fee for an original, renewal, or duplicate Illinois

Identification Card issued on or after January 1, 2005; and

(ii) 80% of the fee for a corrected Illinois Identification

Card issued on or after January 1, 2005.

An individual, who resides in a veterans home or veterans

hospital operated by the State state or federal government, who

makes an application for an Illinois Identification Card to be

issued at no fee, must submit, along with the application, an

affirmation by the applicant on a form provided by the

Secretary of State, that such person resides in a veterans home

or veterans hospital operated by the State state or federal

government.

The application of a homeless individual for an Illinois

Identification Card to be issued at no fee must be accompanied

by an affirmation by a qualified person, as defined in Section

4C of this Act, on a form provided by the Secretary of State,

that the applicant is currently homeless as defined in Section

1A of this Act.

For the application for the first Illinois Identification

Card of a youth for whom the Department of Children and Family

Services is legally responsible for or a foster child to be

issued at no fee, the youth must submit, along with the

application, an affirmation by his or her court appointed

attorney or an employee of the Department of Children and

Family Services on a form provided by the Secretary of State,

that the person is a youth for whom the Department of Children

and Family Services is legally responsible for or a foster

child.

The fee for any duplicate identification card shall be

waived for any person who presents the Secretary of State's

Office with a police report showing that his or her

identification card was stolen.

The fee for any duplicate identification card shall be

waived for any person age 60 or older whose identification card

has been lost or stolen.

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. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;

revised 9-21-16.)

(Text of Section after amendment by P.A. 99-907)

Sec. 12. Fees concerning standard Standard Illinois

Identification Cards. The fees required under this Act for

standard Illinois Identification Cards must accompany any

application provided for in this Act, and the Secretary shall

collect such fees as follows:

a. Original card............................... $20 b. Renewal card................................ 20 c. Corrected card.............................. 10 d. Duplicate card.............................. 20 e. Certified copy with seal ................... 5 f. Search ..................................... 2 g. Applicant 65 years of age or over .......... No Fee h. (Blank) .................................... i. Individual living in Veterans Home or Hospital ........................... No Fee j. Original card under 18 years of age.......... $10 k. Renewal card under 18 years of age........... $10 l. Corrected card under 18 years of age......... $5 m. Duplicate card under 18 years of age......... $10 n. Homeless person.............................. No Fee o. Duplicate card issued to an active-duty member of the United States Armed Forces, the member's spouse, or dependent children living with the member...................... No Fee p. Duplicate temporary card..................... $5 q. p. First card issued to a youth

for whom the Department of Children and Family Services is legally responsible for or a foster child upon turning the age of 16 years old until he or she reaches they reach the age of 21 years old.......... No Fee r. p. Original card issued to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice.............. No Fee s. q. Limited-term Illinois Identification Card issued to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge, or pardon from the Department of Corrections or Department of Juvenile Justice............................ No Fee

All fees collected under this Act shall be paid into the

Road Fund of the State treasury, except that the following

amounts shall be paid into the General Revenue Fund: (i) 80% of

the fee for an original, renewal, or duplicate Illinois

Identification Card issued on or after January 1, 2005; and

(ii) 80% of the fee for a corrected Illinois Identification

Card issued on or after January 1, 2005.

An individual, who resides in a veterans home or veterans

hospital operated by the State state or federal government, who

makes an application for an Illinois Identification Card to be

issued at no fee, must submit, along with the application, an

affirmation by the applicant on a form provided by the

Secretary of State, that such person resides in a veterans home

or veterans hospital operated by the State state or federal

government.

The application of a homeless individual for an Illinois

Identification Card to be issued at no fee must be accompanied

by an affirmation by a qualified person, as defined in Section

4C of this Act, on a form provided by the Secretary of State,

that the applicant is currently homeless as defined in Section

1A of this Act.

For the application for the first Illinois Identification

Card of a youth for whom the Department of Children and Family

Services is legally responsible for or a foster child to be

issued at no fee, the youth must submit, along with the

application, an affirmation by his or her court appointed

attorney or an employee of the Department of Children and

Family Services on a form provided by the Secretary of State,

that the person is a youth for whom the Department of Children

and Family Services is legally responsible for or a foster

child.

The fee for any duplicate identification card shall be

waived for any person who presents the Secretary of State's

Office with a police report showing that his or her

identification card was stolen.

The fee for any duplicate identification card shall be

waived for any person age 60 or older whose identification card

has been lost or stolen.

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. 99-607, eff. 7-22-16; 99-659, eff. 7-28-16;

99-907, eff. 7-1-17; revised 1-3-17.)

Section 90. The State Comptroller Act is amended by

changing Section 22 as follows:

(15 ILCS 405/22) (from Ch. 15, par. 222)

Sec. 22. Transition; Auditor Transition-Auditor of Public

Accounts to comptroller.

(a) Except as otherwise specifically provided by law, the

comptroller shall succeed to all rights, powers, duties and

liabilities of the Auditor of Public Accounts in effect on

January 7, 1973. Warrants outstanding on the effective date of

this Act shall be governed by the law in effect on January 7,

1973, except for such provisions of this Act as may be made

applicable to such warrants by regulation adopted by the

comptroller with the approval of the State Treasurer. All

books, records, equipment, property, and personnel held by, in

the custody of or employed by the Auditor of Public Accounts on

that date shall be transferred to the comptroller on the

effective date of this Act. This transfer of personnel from the

office of Auditor of Public Accounts to the office of the

comptroller shall in no way affect the status of such personnel

under the "Personnel Code" or the State Employees Retirement

System or as respects any employment benefits to which they

were entitled on the day immediately preceding the transfer.

(b) In order to achieve a smooth and orderly transition

from the system of accounts and reports maintained or provided

by or for the Auditor of Public Accounts to the new uniform

accounting system and the expanded reporting and

accountability for public funds required by this Act, and the

warrant and payroll procedures required by this Act which may

be different from those provided by the law in effect on

January 7, 1973, the comptroller may, by interim regulations,

provide for the gradual changeover to the new systems, forms

and procedures. The complete implementation of the new uniform

accounting system and of the forms and procedures for reporting

and documentation by all State agencies and the handling of

warrants and payroll, as provided by this Act, must be

finalized and in effect no later than July 1, 1974.

(c) The Warrant Escheat Fund, a special fund of which the

State Treasurer is ex officio ex-officio custodian, as

heretofore established by law is retained.

(Source: P.A. 77-2807; revised 9-19-16.)

Section 95. The Department of Agriculture Law of the Civil

Administrative Code of Illinois is amended by changing Section

205-15 as follows:

(20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)

Sec. 205-15. Promotional activities.

(a) The Department has the power to encourage and promote,

in every practicable manner, the interests of agriculture,

including horticulture, the livestock industry, dairying,

cheese making, poultry, bee keeping, forestry, the production

of wool, and all other allied industries. In furtherance of the

duties set forth in this Section, the Department may establish

trust funds and bank accounts in adequately protected financial

institutions to receive and disburse monies in connection with

the conduct of food shows, food expositions, trade shows, and

other promotional activities and to sell at cost, to qualified

applicants, signs designating farms that have been owned for

100 years or more, 150 years or more, or 200 years or more by

lineal or collateral descendants of the same family as

"Centennial Farms", "Sesquicentennial Farms", or "Bicentennial

Farms" respectively. The Department shall provide applications

for the signs, which shall be submitted with the required fee.

"Centennial Farms", "Sesquicentennial Farms", and

"Bicentennial Farms" signs shall not contain within their

design the name, picture, or other likeness of any elected

public official or any appointed public official.

(b) The Department has the power to promote improved

methods of conducting the several industries described in

subsection (a) with a view to increasing the production and

facilitating the distribution thereof at the least cost.

(c) The Department may sell at cost, to qualified

applicants, signs designating an agribusiness that has been

operated for 100 years or more or more than 150 years or more

as the same agribusiness. As used in this subsection (c),

"agribusiness" means a business or businesses under the same

name or ownership that are collectively associated with the

production, processing, and distribution of agricultural

products. The Department shall provide applications for the

signs, which shall be submitted with the required fee.

(Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16;

revised 10-11-16.)

Section 100. The Alcoholism and Other Drug Abuse and

Dependency Act is amended by changing Sections 5-23 and 10-15

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 with prescriptive authority, a

licensed advanced practice nurse with prescriptive

authority, 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,

advanced practice nurse, or physician assistant, 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;

99-581, eff. 1-1-17; 99-642, eff. 7-28-16; revised 9-19-16.)

(20 ILCS 301/10-15)

Sec. 10-15. Qualification and appointment of members. The

membership of the Illinois Advisory Council shall consist of:

(a) A State's Attorney designated by the President of

the Illinois State's Attorneys Association.

(b) A judge designated by the Chief Justice of the

Illinois Supreme Court.

(c) A Public Defender appointed by the President of the

Illinois Public Defender Defenders Association.

(d) A local law enforcement officer appointed by the

Governor.

(e) A labor representative appointed by the Governor.

(f) An educator appointed by the Governor.

(g) A physician licensed to practice medicine in all

its branches appointed by the Governor with due regard for

the appointee's knowledge of the field of alcoholism and

other drug abuse and dependency.

(h) 4 members of the Illinois House of Representatives,

2 each appointed by the Speaker and Minority Leader.

(i) 4 members of the Illinois Senate, 2 each appointed

by the President and Minority Leader.

(j) The President of the Illinois Alcoholism and Drug

Dependence Association.

(k) An advocate for the needs of youth appointed by the

Governor.

(l) The President of the Illinois State Medical Society

or his or her designee.

(m) The President of the Illinois Hospital Association

or his or her designee.

(n) The President of the Illinois Nurses Association or

a registered nurse designated by the President.

(o) The President of the Illinois Pharmacists

Association or a licensed pharmacist designated by the

President.

(p) The President of the Illinois Chapter of the

Association of Labor-Management Labor Management

Administrators and Consultants on Alcoholism.

(p-1) The President of the Community Behavioral

Healthcare Association of Illinois or his or her designee.

(q) The Attorney General or his or her designee.

(r) The State Comptroller or his or her designee.

(s) 20 public members, 8 appointed by the Governor, 3

of whom shall be representatives of alcoholism or other

drug abuse and dependency treatment programs and one of

whom shall be a representative of a manufacturer or

importing distributor of alcoholic liquor licensed by the

State of Illinois, and 3 public members appointed by each

of the President and Minority Leader of the Senate and the

Speaker and Minority Leader of the House.

(t) The Director, Secretary, or other chief

administrative officer, ex officio, or his or her designee,

of each of the following: the Department on Aging, the

Department of Children and Family Services, the Department

of Corrections, the Department of Juvenile Justice, the

Department of Healthcare and Family Services, the

Department of Revenue, the Department of Public Health, the

Department of Financial and Professional Regulation, the

Department of State Police, the Administrative Office of

the Illinois Courts, the Criminal Justice Information

Authority, and the Department of Transportation.

(u) Each of the following, ex officio, or his or her

designee: the Secretary of State, the State Superintendent

of Education, and the Chairman of the Board of Higher

Education.

The public members may not be officers or employees of the

executive branch of State government; however, the public

members may be officers or employees of a State college or

university or of any law enforcement agency. In appointing

members, due consideration shall be given to the experience of

appointees in the fields of medicine, law, prevention,

correctional activities, and social welfare. Vacancies in the

public membership shall be filled for the unexpired term by

appointment in like manner as for original appointments, and

the appointive members shall serve until their successors are

appointed and have qualified. Vacancies among the public

members appointed by the legislative leaders shall be filled by

the leader of the same house and of the same political party as

the leader who originally appointed the member.

Each non-appointive member may designate a representative

to serve in his place by written notice to the Department. All

General Assembly members shall serve until their respective

successors are appointed or until termination of their

legislative service, whichever occurs first. The terms of

office for each of the members appointed by the Governor shall

be for 3 years, except that of the members first appointed, 3

shall be appointed for a term of one year, and 4 shall be

appointed for a term of 2 years. The terms of office of each of

the public members appointed by the legislative leaders shall

be for 2 years.

(Source: P.A. 94-1033, eff. 7-1-07; revised 9-12-16.)

Section 105. The Personnel Code is amended by changing

Section 10 as follows:

(20 ILCS 415/10) (from Ch. 127, par. 63b110)

Sec. 10. Duties and powers of the Commission. The Civil

Service Commission shall have duties and powers as follows:

(1) Upon written recommendations by the Director of the

Department of Central Management Services to exempt from

jurisdiction B of this Act positions which, in the judgment

of the Commission, involve either principal administrative

responsibility for the determination of policy or

principal administrative responsibility for the way in

which policies are carried out. This authority may not be

exercised, however, with respect to the position of

Assistant Director of Healthcare and Family Services in the

Department of Healthcare and Family Services.

(2) To require such special reports from the Director

as it may consider desirable.

(3) To disapprove original rules or any part thereof

within 90 days and any amendment thereof within 30 days

after the submission of such rules to the Civil Service

Commission by the Director, and to disapprove any

amendments thereto in the same manner.

(4) To approve or disapprove within 60 days from date

of submission the position classification plan P.A.

submitted by the Director as provided in the rules, and any

revisions thereof within 30 days from the date of

submission.

(5) To hear appeals of employees who do not accept the

allocation of their positions under the position

classification plan.

(6) To hear and determine written charges filed seeking

the discharge, demotion of employees and suspension

totaling more than thirty days in any 12-month period, as

provided in Section 11 hereof, and appeals from transfers

from one geographical area in the State to another, and in

connection therewith to administer oaths, subpoena

witnesses, and compel the production of books and papers.

(7) The fees of subpoenaed witnesses under this Act for

attendance and travel shall be the same as fees of

witnesses before the circuit courts of the State, such fees

to be paid when the witness is excused from further

attendance. Whenever a subpoena is issued the Commission

may require that the cost of service and the fee of the

witness shall be borne by the party at whose insistence the

witness is summoned. The Commission has the power, at its

discretion, to require a deposit from such party to cover

the cost of service and witness fees and the payment of the

legal witness fee and mileage to the witness served with

the subpoena. A subpoena issued under this Act shall be

served in the same manner as a subpoena issued out of a

court.

Upon the failure or refusal to obey a subpoena, a

petition shall be prepared by the party serving the

subpoena for enforcement in the circuit court of the county

in which the person to whom the subpoena was directed

either resides or has his or her principal place of

business.

Not less than five days before the petition is filed in

the appropriate court, it shall be served on the person

along with a notice of the time and place the petition is

to be presented.

Following a hearing on the petition, the circuit court

shall have jurisdiction to enforce subpoenas issued

pursuant to this Section.

On motion and for good cause shown the Commission may

quash or modify any subpoena.

(8) To make an annual report regarding the work of the

Commission to the Governor, such report to be a public

report.

(9) If any violation of this Act is found, the

Commission shall direct compliance in writing.

(10) To appoint a full-time executive secretary and

such other employees, experts, and special assistants as

may be necessary to carry out the powers and duties of the

Commission under this Act and employees, experts, and

special assistants so appointed by the Commission shall be

subject to the provisions of jurisdictions A, B and C of

this Act. These powers and duties supersede any contrary

provisions herein contained.

(11) To make rules to carry out and implement their

powers and duties under this Act, with authority to amend

such rules from time to time.

(12) To hear or conduct investigations as it deems

necessary of appeals of layoff filed by employees appointed

under Jurisdiction B after examination provided that such

appeals are filed within 15 calendar days following the

effective date of such layoff and are made on the basis

that the provisions of the Personnel Code or of the Rules

of the Department of Central Management Services relating

to layoff have been violated or have not been complied

with.

All hearings shall be public. A decision shall be

rendered within 60 days after receipt of the transcript of

the proceedings. The Commission shall order the

reinstatement of the employee if it is proven that the

provisions of the Personnel Code or of the rules Rules of

the Department of Central Management Services relating to

layoff have been violated or have not been complied with.

In connection therewith the Commission may administer

oaths, subpoena witnesses, and compel the production of

books and papers.

(13) Whenever the Civil Service Commission 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, such information contained in State files

as is necessary to fulfill the request.

(Source: P.A. 95-331, eff. 8-21-07; revised 9-6-16.)

Section 110. The Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois is

amended by changing the heading of Article 605 as follows:

(20 ILCS 605/Art. 605 heading)

ARTICLE 605. DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY

COMMUNITY AFFAIRS

Section 115. The Technology Advancement and Development

Act is amended by changing Section 1004 as follows:

(20 ILCS 700/1004) (from Ch. 127, par. 3701-4)

Sec. 1004. Duties and powers. The Department of Commerce

and Economic Opportunity shall establish and administer any of

the programs authorized under this Act subject to the

availability of funds appropriated by the General Assembly. The

Department may make awards from general revenue fund

appropriations, federal reimbursement funds, and the

Technology Cooperation Fund, as provided under the provisions

of this Act. The Department, in addition to those powers

granted under the Civil Administrative Code of Illinois, is

granted the following powers to help administer the provisions

of this Act:

(a) To provide financial assistance as direct or

participation grants, loans, or qualified security

investments to, or on behalf of, eligible applicants.

Loans, grants, and investments shall be made for the

purpose of increasing research and development,

commercializing technology, adopting advanced production

and processing techniques, and promoting job creation and

retention within Illinois;

(b) To enter into agreements, accept funds or grants,

and engage in cooperation with agencies of the federal

government, local units of government, universities,

research foundations or institutions, regional economic

development corporations, or other organizations for the

purposes of this Act;

(c) To enter into contracts, agreements, and memoranda

of understanding; and to provide funds for participation

agreements or to make any other agreements or contracts or

to invest, grant, or loan funds to any participating

intermediary organizations, including, not-for-profit

entities, for-profit entities, State agencies or

authorities, government owned and contract operated

facilities, institutions of higher education, other public

or private development corporations, or other entities

necessary or desirable to further the purpose of this Act.

Any such agreement or contract by an intermediary

organization to deliver programs authorized under this Act

may include terms and provisions, including, but not

limited to, organization and development of documentation,

review and approval of projects, servicing and

disbursement of funds, and other related activities;

(d) To fix, determine, charge, and collect any

premiums, fees, charges, costs, and expenses, including,

without limitation, any application fees, commitment fees,

program fees, financing charges, or publication fees in

connection with the Department's activities under this

Act;

(e) To establish forms for applications,

notifications, contracts, or any other agreements, and to

promulgate procedures, rules, or regulations deemed

necessary and appropriate;

(f) To establish and regulate the terms and conditions

of the Department's agreements and to consent, subject to

the provisions of any agreement with another party, to the

modification or restructuring of any agreement to which the

Department is a party;

(g) To require that recipients of financial assistance

shall at all times keep proper books of record and account

in accordance with generally accepted accounting

principles consistently applied, with such books open for

reasonable Department inspection and audits, including,

without limitation, the making of copies thereof;

(h) To require applicants or grantees receiving funds

under this Act to permit the Department to: (i) inspect and

audit any books, records or papers related to the project

in the custody or control of the applicant, including the

making of copies or extracts thereof, and (ii) inspect or

appraise any of the applicant's or grantee's business

assets;

(i) To require applicants or grantees, upon written

request by the Department, to issue any necessary

authorization to the appropriate federal, State, or local

authority for the release of information concerning a

business or business project financed under the provisions

of this Act, with the information requested to include, but

not be limited to, financial reports, returns, or records

relating to that business or business project;

(i-5) To provide staffing, administration, and related

support required to manage the programs authorized under

this Act and to pay for staffing and administration as

appropriated by the General Assembly. Administrative

responsibilities may include, but are not limited to,

research and identification of the needs of commerce and

industry in this State; design of comprehensive statewide

plans and programs; direction, management, and control of

specific projects; and communication and cooperation with

entities about technology commercialization and business

modernization;

(j) To take whatever actions are necessary or

appropriate to protect the State's interest in the event of

bankruptcy, default, foreclosure or noncompliance with the

terms and conditions of financial assistance or

participation required under this Act, including the power

to sell, dispose, lease or rent, upon terms and conditions

determined by the Director to be appropriate, real or

personal property which the Department may receive as a

result thereof; and

(k) To exercise Exercise such other powers as are

necessary to carry out the purposes of this Act.

(Source: P.A. 94-91, eff. 7-1-05; revised 9-6-16.)

Section 120. The Illinois Lottery Law is amended by

changing Sections 10.8 and 21.6 as follows:

(20 ILCS 1605/10.8)

Sec. 10.8. Specialty retailers license.

(a) "Veterans service organization" means an organization

that:

(1) is formed by and for United States military

veterans;

(2) is chartered by the United States Congress and

incorporated in the State of Illinois;

(3) maintains a state headquarters office in the State

of Illinois; and

(4) is not funded by the State of Illinois or by any

county in this State.

(b) The Department shall establish a special

classification of retailer license to facilitate the

year-round sale of the instant scratch-off lottery game

established by the General Assembly in Section 21.6. The fees

set forth in Section 10.2 do not apply to a specialty retailer

license.

The holder of a specialty retailer license (i) shall be a

veterans service organization, (ii) may sell only specialty

lottery tickets established for the benefit of the Illinois

Veterans Assistance Fund in the State treasury, (iii) is

required to purchase those tickets up front at face value from

the Illinois Lottery, and (iv) must sell those tickets at face

value. Specialty retailers may obtain a refund from the

Department for any unsold specialty tickets that they have

purchased for resale, as set forth in the specialty retailer

agreement.

Specialty retailers shall receive a sales commission equal

to 2% of the face value of specialty game tickets purchased

from the Department, less adjustments for unsold tickets

returned to the Illinois Lottery for credit. Specialty

retailers may not cash winning tickets, but are entitled to a

1% bonus in connection with the sale of a winning specialty

game ticket having a price value of $1,000 or more.

(Source: P.A. 96-1105, eff. 7-19-10; 97-464, eff. 10-15-11;

revised 9-2-16.)

(20 ILCS 1605/21.6)

Sec. 21.6. Scratch-off for Illinois veterans.

(a) The Department shall offer a special instant

scratch-off game for the benefit of Illinois veterans. The game

shall commence on January 1, 2006 or as soon thereafter, at the

discretion of the Director, as is reasonably practical. The

operation of the game shall be governed by this Act and any

rules adopted by the Department. If any provision of this

Section is inconsistent with any other provision of this Act,

then this Section governs.

(b) The Illinois Veterans Assistance Fund is created as a

special fund in the State treasury. The net revenue from the

Illinois veterans scratch-off game shall be deposited into the

Fund for appropriation by the General Assembly solely to the

Department of Veterans' Veterans Affairs for making grants,

funding additional services, or conducting additional research

projects relating to each of the following:

(i) veterans' post traumatic stress disorder;

(ii) veterans' homelessness;

(iii) the health insurance costs of veterans;

(iv) veterans' disability benefits, including but not

limited to, disability benefits provided by veterans

service organizations and veterans assistance commissions

or centers;

(v) the long-term care of veterans; provided that,

beginning with moneys appropriated for fiscal year 2008, no

more than 20% of such moneys shall be used for health

insurance costs; and

(vi) veteran employment and employment training.

In order to expend moneys from this special fund, beginning

with moneys appropriated for fiscal year 2008, the Director of

Veterans' Affairs shall appoint a 3-member funding

authorization committee. The Director shall designate one of

the members as chairperson. The committee shall meet on a

quarterly basis, at a minimum, and shall authorize expenditure

of moneys from the special fund by a two-thirds vote. Decisions

of the committee shall not take effect unless and until

approved by the Director of Veterans' Affairs. Each member of

the committee shall serve until a replacement is named by the

Director of Veterans' Affairs. One member of the committee

shall be a member of the Veterans' Advisory Council.

Moneys collected from the special instant scratch-off game

shall be used only as a supplemental financial resource and

shall not supplant existing moneys that the Department of

Veterans' Veterans Affairs may currently expend for the

purposes set forth in items (i) through (v).

Moneys received for the purposes of this Section,

including, without limitation, net revenue from the special

instant scratch-off game and from gifts, grants, and awards

from any public or private entity, must be deposited into the

Fund. Any interest earned on moneys in the Fund must be

deposited into the Fund.

For purposes of this subsection, "net revenue" means the

total amount for which tickets have been sold less the sum of

the amount paid out in the prizes and the actual administrative

expenses of the Department solely related to the scratch-off

game under this Section.

(c) During the time that tickets are sold for the Illinois

veterans scratch-off game, the Department shall not

unreasonably diminish the efforts devoted to marketing any

other instant scratch-off lottery game.

(d) The Department may adopt any rules necessary to

implement and administer the provisions of this Section.

(Source: P.A. 97-464, eff. 10-15-11; 97-740, eff. 7-5-12;

98-499, eff. 8-16-13; revised 9-2-16.)

Section 125. The Military Code of Illinois is amended by

changing Section 28 as follows:

(20 ILCS 1805/28) (from Ch. 129, par. 220.28)

Sec. 28. When the Commander-in-Chief proclaims a time of

public danger or when an emergency exists, the . The Adjutant

General may purchase or authorize the purchase of stores and

supplies in accordance with the emergency purchase provisions

in the Illinois Procurement Code.

(Source: P.A. 99-557, eff. 1-1-17; revised 9-8-16.)

Section 130. The State Guard Act is amended by changing

Sections 53 and 54 as follows:

(20 ILCS 1815/53) (from Ch. 129, par. 281)

Sec. 53. Any officer, warrant officer, or enlisted man in

the Illinois State Guard who knowingly makes any false

certificate or return to any superior officer authorized to

call for such certificate or return, as to the state of his

command, or as to the quartermaster, subsistence, or ordnance

ordinance stores to it issued, or any officer who knowingly

musters any officer, warrant officer, or enlisted man by other

than his proper name, or who permits any officer, warrant

officer, or enlisted man to substitute or sign another name

than his own, or who enters the name of any man not duly or

lawfully commissioned or enlisted in the muster or payroll of

the State of Illinois, or who certifies falsely as to any

actual duty performed or amounts due, or who in any other way

makes or permits any false muster or return, or who, having

drawn money from the State for public use, shall apply it or

any part thereof to any use not duly authorized, may be

punished as a court martial shall direct.

(Source: P.A. 80-1495; revised 9-8-16.)

(20 ILCS 1815/54) (from Ch. 129, par. 282)

Sec. 54. Any officer, warrant officer, or enlisted man who

willfully wilfully or through neglect suffers to be lost,

spoiled, or damaged, any quartermaster, subsistence, or

ordnance ordinance stores for which he is responsible or

accountable, or who secretes, sells, or pawns, or attempts to

secrete, sell, or pawn, any such stores or any other military

property of the State, or by it issued, may be punished as a

court martial shall direct.

(Source: P.A. 80-1495; revised 9-8-16.)

Section 135. The Department of Public Health Powers and

Duties Law of the Civil Administrative Code of Illinois is

amended by changing Sections 2310-367 and 2310-371.5 as

follows:

(20 ILCS 2310/2310-367)

Sec. 2310-367. Health Data Task Force; purpose;

implementation plan.

(a) In accordance with the recommendations of the 2007

State Health Improvement Plan, it is the policy of the State

that, to the extent possible and consistent with privacy and

other laws, State public health data and health-related

administrative data are to be used to understand and report on

the scope of health problems, plan prevention programs, and

evaluate program effectiveness at the State and community

level. It is a priority to use data to address racial, ethnic,

and other health disparities. This system is intended to

support State and community level public health planning, and

is not intended to supplant or replace data-use agreements

between State agencies and academic researchers for more

specific research needs.

(b) Within 30 days after August 24, 2007 (the effective

date of Public Act 95-418), a Health Data Task Force shall be

convened to create a system for public access to integrated

health data. The Task Force shall consist of the following: the

Director of Public Health or his or her designee; the Director

of Healthcare and Family Services or his or her designee; the

Secretary of Human Services or his or her designee; the

Director of the Department on Aging or his or her designee; the

Director of Children and Family Services or his or her

designee; the State Superintendent of Education or his or her

designee; and other State officials as deemed appropriate by

the Governor.

The Task Force shall be advised by a public advisory group

consisting of community health data users, minority health

advocates, local public health departments, and private data

suppliers such as hospitals and other health care providers.

Each member of the Task Force shall appoint 3 members of the

public advisory group. The public advisory group shall assist

the Task Force in setting goals, articulating user needs, and

setting priorities for action.

The Department of Public Health is primarily responsible

for providing staff and administrative support to the Task

Force. The other State agencies represented on the Task Force

shall work cooperatively with the Department of Public Health

to provide administrative support to the Task Force. The

Department of Public Health shall have ongoing responsibility

for monitoring the implementation of the plan and shall have

ongoing responsibility to identify new or emerging data or

technology needs.

The State agencies represented on the Task Force shall

review their health data, data collection, and dissemination

policies for opportunities to coordinate and integrate data and

make data available within and outside State government in

support of this State policy. To the extent possible, existing

data infrastructure shall be used to create this system of

public access to data. The Illinois Department of Healthcare

Health Care and Family Services data warehouse and the Illinois

Department of Public Health IPLAN Data System may be the

foundation of this system.

(c) The Task Force shall produce a plan with a phased and

prioritized implementation timetable focusing on assuring

access to improving the quality of data necessary to understand

health disparities. The Task Force shall submit an initial

report to the General Assembly no later than July 1, 2008, and

shall make annual reports to the General Assembly on or before

July 1 of each year through 2011 of the progress toward

implementing the plan.

(Source: P.A. 97-813, eff. 7-13-12; revised 9-8-16.)

(20 ILCS 2310/2310-371.5) (was 20 ILCS 2310/371)

Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to

appropriation, the Department of Public Health has the power to

make matching grants from the Heartsaver AED Fund, a special

fund created in the State treasury, to any school in the State,

public park district, forest preserve district, conservation

district, sheriff's office, municipal police department,

municipal recreation department, public library, college, or

university to assist in the purchase of an Automated External

Defibrillator. Applicants for AED grants must demonstrate that

they have funds to pay 50% of the cost of the AEDs for which

matching grant moneys are sought. Any school, public park

district, forest preserve district, conservation district,

sheriff's office, municipal police department, municipal

recreation department, public library, college, or university

applying for the grant shall not receive more than one grant

from the Heartsaver AED Fund each fiscal year. The State

Treasurer shall accept and deposit into the Fund all gifts,

grants, transfers, appropriations, and other amounts from any

legal source, public or private, that are designated for

deposit into the Fund.

(Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;

revised 3-21-16.)

Section 140. The State Police Act is amended by changing

Section 7 and by setting forth and renumbering multiple

versions of Section 40 as follows:

(20 ILCS 2610/7) (from Ch. 121, par. 307.7)

Sec. 7. As soon as practicable after the members of the

Board have been appointed, they shall meet and shall organize

by electing a chairman and a secretary. The initial chairman

and secretary, and their successors, shall be elected by the

Board from among its members for a term of two years or for the

remainder of their term of office as a member of the Board,

whichever which ever is the shorter. Three members of the Board

shall constitute a quorum for the transaction of business. The

Board shall hold regular quarterly meetings and such other

meetings as may be called by the chairman.

(Source: P.A. 80-1305; revised 10-5-16.)

(20 ILCS 2610/38)

Sec. 38 40. Disposal of medications. The Department may by

rule authorize State Police officers to dispose of any unused

medications under Section 18 of the Safe Pharmaceutical

Disposal Act.

(Source: P.A. 99-648, eff. 1-1-17; revised 10-4-16.)

(20 ILCS 2610/40)

Sec. 40. Training; administration of epinephrine.

(a) This Section, along with Section 10.19 of the Illinois

Police Training Act, may be referred to as the Annie LeGere

Law.

(b) For the purposes of this Section, "epinephrine

auto-injector" means a single-use device used for the automatic

injection of a pre-measured dose of epinephrine into the human

body prescribed in the name of the Department.

(c) The Department may conduct or approve a training

program for State Police officers to recognize and respond to

anaphylaxis, including, but not limited to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an

allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known

allergy as well as an individual with a previously unknown

allergy;

(5) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by

the Department.

(d) The Department may authorize a State Police officer who

has completed the training program under subsection (c) to

carry, administer, or assist with the administration of

epinephrine auto-injectors whenever he or she is performing

official duties.

(e) The Department must establish a written policy to

control the acquisition, storage, transportation,

administration, and disposal of epinephrine auto-injectors

before it allows any State Police officer to carry and

administer epinephrine auto-injectors.

(f) A physician, physician's assistant with prescriptive

authority, or advanced practice registered nurse with

prescriptive authority may provide a standing protocol or

prescription for epinephrine auto-injectors in the name of the

Department to be maintained for use when necessary.

(g) When a State Police officer administers epinephrine

auto-injector in good faith, the officer and the Department,

and its employees and agents, incur no liability, except for

willful and wanton conduct, as a result of any injury or death

arising from the use of an epinephrine auto-injector.

(Source: P.A. 99-711, eff. 1-1-17.)

Section 145. 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.

(2.5) Commencing 180 days after July 29, 2016 (the

effective date of Public Act 99-697) this amendatory Act of

the 99th General Assembly, the law enforcement agency

issuing the citation shall automatically expunge, on or

before January 1 and July 1 of each year, the law

enforcement records of a person found to have committed a

civil law violation of subsection (a) of Section 4 of the

Cannabis Control Act or subsection (c) of Section 3.5 of

the Drug Paraphernalia Control Act in the law enforcement

agency's possession or control and which contains the final

satisfactory disposition which pertain to the person

issued a citation for that offense. The law enforcement

agency shall provide by rule the process for access,

review, and to confirm the automatic expungement by the law

enforcement agency issuing the citation. Commencing 180

days after July 29, 2016 (the effective date of Public Act

99-697) this amendatory Act of the 99th General Assembly,

the clerk of the circuit court shall expunge, upon order of

the court, or in the absence of a court order on or before

January 1 and July 1 of each year, the court records of a

person found in the circuit court to have committed a civil

law violation of subsection (a) of Section 4 of the

Cannabis Control Act or subsection (c) of Section 3.5 of

the Drug Paraphernalia Control Act in the clerk's

possession or control and which contains the final

satisfactory disposition which pertain to the person

issued a citation for any of those offenses.

(3) Exclusions. Except as otherwise provided in

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

of this Section, the court shall not order:

(A) the sealing or expungement of the records of

arrests or charges not initiated by arrest that result

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

any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a

similar provision of a local ordinance; or (iii)

Section 11-503 of the Illinois Vehicle Code or a

similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of

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

of a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the offender

has no other conviction for violating Section 11-501 or

11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(B) the sealing or expungement of records of minor

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

unless the petitioner was arrested and released

without charging.

(C) the sealing of the records of arrests or

charges not initiated by arrest which result in an

order of supervision or a conviction for the following

offenses:

(i) offenses included in Article 11 of the

Criminal Code of 1961 or the Criminal Code of 2012

or a similar provision of a local ordinance, except

Section 11-14 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 each arrest or charge not

initiated by arrest sought to be expunged resulted in: (i)

acquittal, dismissal, or the petitioner's release without

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

conviction which was vacated or reversed, unless excluded

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

such supervision was successfully completed by the

petitioner, unless excluded by subsection (a)(3)(A) or

(a)(3)(B); or (iv) an order of qualified probation (as

defined in subsection (a)(1)(J)) and such probation was

successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of

arrest expunged under this Section, and the offender has

been convicted of a criminal offense, the State's Attorney

may object to the expungement on the grounds that the

records contain specific relevant information aside from

the mere fact of the arrest.

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

(A) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an acquittal,

dismissal, the petitioner's release without charging,

or the reversal or vacation of a conviction, there is

no waiting period to petition for the expungement of

such records.

(B) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

supervision, successfully completed by the petitioner,

the following time frames will apply:

(i) Those arrests or charges that resulted in

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

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

similar provision of a local ordinance, or under

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

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

similar provision of a local ordinance, shall not

be eligible for expungement until 5 years have

passed following the satisfactory termination of

the supervision.

(i-5) Those arrests or charges that resulted

in orders of supervision for a misdemeanor

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

the Illinois Vehicle Code or a similar provision of

a local ordinance, that occurred prior to the

offender reaching the age of 25 years and the

offender has no other conviction for violating

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

Code or a similar provision of a local ordinance

shall not be eligible for expungement until the

petitioner has reached the age of 25 years.

(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall

not be eligible for expungement until 2 years have

passed following the satisfactory termination of

the supervision.

(C) When the arrest or charge not initiated by

arrest sought to be expunged resulted in an order of

qualified probation, successfully completed by the

petitioner, such records shall not be eligible for

expungement until 5 years have passed following the

satisfactory termination of the probation.

(3) Those records maintained by the Department for

persons arrested prior to their 17th birthday shall be

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

Act of 1987.

(4) Whenever a person has been arrested for or

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

identity he or she has stolen or otherwise come into

possession of, the aggrieved person from whom the identity

was stolen or otherwise obtained without authorization,

upon learning of the person having been arrested using his

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

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

court order entered nunc pro tunc by the Chief Judge to

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

all official records of the arresting authority, the

Department, other criminal justice agencies, the

prosecutor, and the trial court concerning such arrest, if

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

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

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

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

records of the circuit court clerk shall be sealed until

further order of the court upon good cause shown and the

name of the aggrieved person obliterated on the official

index required to be kept by the circuit court clerk under

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

not affect any index issued by the circuit court clerk

before the entry of the order. Nothing in this Section

shall limit the Department of State Police or other

criminal justice agencies or prosecutors from listing

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

used.

(5) Whenever a person has been convicted of criminal

sexual assault, aggravated criminal sexual assault,

predatory criminal sexual assault of a child, criminal

sexual abuse, or aggravated criminal sexual abuse, the

victim of that offense may request that the State's

Attorney of the county in which the conviction occurred

file a verified petition with the presiding trial judge at

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

seal the records of the circuit court clerk in connection

with the proceedings of the trial court concerning that

offense. However, the records of the arresting authority

and the Department of State Police concerning the offense

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

shall make the records of the circuit court clerk in

connection with the proceedings of the trial court

concerning the offense available for public inspection.

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

or on collateral attack and the court determines by clear

and convincing evidence that the petitioner was factually

innocent of the charge, the court that finds the petitioner

factually innocent of the charge shall enter an expungement

order for the conviction for which the petitioner has been

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

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

(7) Nothing in this Section shall prevent the

Department of State Police from maintaining all records of

any person who is admitted to probation upon terms and

conditions and who fulfills those terms and conditions

pursuant to Section 10 of the Cannabis Control Act, Section

410 of the Illinois Controlled Substances Act, Section 70

of the Methamphetamine Control and Community Protection

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

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

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

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

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

the Alcoholism and Other Drug Abuse and Dependency Act, or

Section 10 of the Steroid Control Act.

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

innocence under Section 2-702 of the Code of Civil

Procedure, the court that grants the certificate of

innocence shall also enter an order expunging the

conviction for which the petitioner has been determined to

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

of the Code of Civil Procedure.

(c) Sealing.

(1) Applicability. Notwithstanding any other provision

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

to expungement of criminal records, this subsection

authorizes the sealing of criminal records of adults and of

minors prosecuted as adults.

(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, except no fee shall be

required if the petitioner has obtained a court order

waiving fees under Supreme Court Rule 298 or it is

otherwise waived.

(1.5) County fee waiver pilot program. In a county of

3,000,000 or more inhabitants, no fee shall be required to

be paid by a petitioner if the records sought to be

expunged or sealed were arrests resulting in release

without charging or arrests or charges not initiated by

arrest resulting in acquittal, dismissal, or conviction

when the conviction was reversed or vacated, unless

excluded by subsection (a)(3)(B). The provisions of this

paragraph (1.5), other than this sentence, are inoperative

on and after January 1, 2018 or one year after January 1,

2017 (the effective date of Public Act 99-881) this

amendatory Act of the 99th General Assembly, whichever is

later.

(2) Contents of petition. The petition shall be

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

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

initiated by arrest sought to be sealed or expunged, the

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

the arresting authority, and such other information as the

court may require. During the pendency of the proceeding,

the petitioner shall promptly notify the circuit court

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

petitioner has received a certificate of eligibility for

sealing from the Prisoner Review Board under paragraph (10)

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

Corrections, the certificate shall be attached to the

petition.

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

petition proof that the petitioner has passed a test taken

within 30 days before the filing of the petition showing

the absence within his or her body of all illegal

substances as defined by the Illinois Controlled

Substances Act, the Methamphetamine Control and Community

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

is petitioning to:

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

(B) seal felony records for a violation of the

Illinois Controlled Substances Act, the

Methamphetamine Control and Community Protection Act,

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

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

(D) expunge felony records of a qualified

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

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

promptly serve a copy of the petition and documentation to

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

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, the Department of State Police,

the arresting agency and the chief legal officer of the

unit of local government effecting the arrest.

(5) Objections.

(A) Any party entitled to notice of the petition

may file an objection to the petition. All objections

shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the basis

of the objection. Whenever a person who has been

convicted of an offense is granted a pardon by the

Governor which specifically authorizes expungement, an

objection to the petition may not be filed.

(B) Objections to a petition to expunge or seal

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

the petition.

(6) Entry of order.

(A) The Chief Judge of the circuit wherein the

charge was brought, any judge of that circuit

designated by the Chief Judge, or in counties of less

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

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

petition to expunge or seal as set forth in this

subsection (d)(6).

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

Department of State Police, the arresting agency, or

the chief legal officer files an objection to the

petition to expunge or seal within 60 days from the

date of service of the petition, the court shall enter

an order granting or denying the petition.

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

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

parties entitled to notice of the petition of the hearing

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

hearing, the State's Attorney shall consult with the

Department as to the appropriateness of the relief sought

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

court shall hear evidence on whether the petition should or

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

to expunge or seal the records based on the evidence

presented at the hearing. The court may consider the

following:

(A) the strength of the evidence supporting the

defendant's conviction;

(B) the reasons for retention of the conviction

records by the State;

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

and employment history;

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

arrest on the charge resulting in the conviction and

the filing of the petition under this Section; and

(E) the specific adverse consequences the

petitioner may be subject to if the petition is denied.

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

expunge or seal records, the court must provide copies of

the order to the Department, in a form and manner

prescribed by the Department, to the petitioner, to the

State's Attorney or prosecutor charged with the duty of

prosecuting the offense, to the arresting agency, to the

chief legal officer of the unit of local government

effecting the arrest, and to such other criminal justice

agencies as may be ordered by the court.

(9) Implementation of order.

(A) Upon entry of an order to expunge records

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

(i) the records shall be expunged (as defined

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

the Department, and any other agency as ordered by

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

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

reconsider the order is filed pursuant to

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

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

and

(iii) in response to an inquiry for expunged

records, the court, the Department, or the agency

receiving such inquiry, shall reply as it does in

response to inquiries when no records ever

existed.

(B) Upon entry of an order to expunge records

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

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed pursuant to paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

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

this Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

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

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for such records

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever

existed.

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

under subsection (e-6):

(i) the records shall be expunged (as defined

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

and any other agency as ordered by the court,

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

unless a motion to vacate, modify, or reconsider

the order is filed under paragraph (12) of

subsection (d) of this Section;

(ii) the records of the circuit court clerk

shall be impounded until further order of the court

upon good cause shown and the name of the

petitioner obliterated on the official index

required to be kept by the circuit court clerk

under Section 16 of the Clerks of Courts Act, but

the order shall not affect any index issued by the

circuit court clerk before the entry of the order;

(iii) the records shall be impounded by the

Department within 60 days of the date of service of

the order as ordered by the court, unless a motion

to vacate, modify, or reconsider the order is filed

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

Section;

(iv) records impounded by the Department may

be disseminated by the Department only as required

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

Attorney, and the court upon a later arrest for the

same or a similar offense or for the purpose of

sentencing for any subsequent felony, and to the

Department of Corrections upon conviction for any

offense; and

(v) in response to an inquiry for these records

from anyone not authorized by law to access the

records, the court, the Department, or the agency

receiving the inquiry shall reply as it does in

response to inquiries when no records ever

existed.

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

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

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

shall seal the records (as defined in subsection

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

from anyone not authorized by law to access such

records, the court, the Department, or the agency

receiving such inquiry shall reply as it does in

response to inquiries when no records ever existed.

(D) The Department shall send written notice to the

petitioner of its compliance with each order to expunge

or seal records within 60 days of the date of service

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

reconsider is filed, within 60 days of service of the

order resolving the motion, if that order requires the

Department to expunge or seal records. In the event of

an appeal from the circuit court order, the Department

shall send written notice to the petitioner of its

compliance with an Appellate Court or Supreme Court

judgment to expunge or seal records within 60 days of

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

required while any motion to vacate, modify, or

reconsider, or any appeal or petition for

discretionary appellate review, is pending.

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

fee equivalent to the cost of processing any order to

expunge or seal records. Notwithstanding any provision of

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

clerk may charge a fee equivalent to the cost associated

with the sealing or expungement of records by the circuit

court clerk. From the total filing fee collected for the

petition to seal or expunge, the circuit court clerk shall

deposit $10 into the Circuit Court Clerk Operation and

Administrative Fund, to be used to offset the costs

incurred by the circuit court clerk in performing the

additional duties required to serve the petition to seal or

expunge on all parties. The circuit court clerk shall

collect and forward the Department of State Police portion

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

the State Police Services Fund.

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

expungement or sealing provisions of this Section shall

become final for purposes of appeal until 30 days after

service of the order on the petitioner and all parties

entitled to notice of the petition.

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

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

petitioner or any party entitled to notice may file a

motion to vacate, modify, or reconsider the order granting

or denying the petition to expunge or seal within 60 days

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

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

reconsider shall comply with subsection (c) of Section

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

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

motion shall be served upon the petitioner and all parties

entitled to notice of the petition.

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

under the expungement or sealing provisions of this Section

shall not be considered void because it fails to comply

with the provisions of this Section or because of any error

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

circuit court retains jurisdiction to determine whether

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

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

this subsection (d).

(14) Compliance with Order Granting Petition to Seal

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

granting a petition to seal, all parties entitled to notice

of the petition must fully comply with the terms of the

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

party is seeking relief from the order through a motion

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

appealing the order.

(15) Compliance with Order Granting Petition to

Expunge Records. While a party is seeking relief from the

order granting the petition to expunge through a motion

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

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

of that order, the parties entitled to notice of the

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

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

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

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

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

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

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

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

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

is granted a pardon by the Governor which specifically

authorizes expungement, he or she may, upon verified petition

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

convicted, any judge of the circuit designated by the Chief

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

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

order entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the defendant

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

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

shall not affect any index issued by the circuit court clerk

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

Department may be disseminated by the Department only to the

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

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

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

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

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

the person who was pardoned.

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

offense is granted a certificate of eligibility for sealing by

the Prisoner Review Board which specifically authorizes

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

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

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

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

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

entered sealing the record of arrest from the official records

of the arresting authority and order that the records of the

circuit court clerk and the Department be sealed until further

order of the court upon good cause shown or as otherwise

provided herein, and the name of the petitioner obliterated

from the official index requested to be kept by the circuit

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

connection with the arrest and conviction for the offense for

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

shall not affect any index issued by the circuit court clerk

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

Department may be disseminated by the Department only as

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

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

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

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all sealed records of the Department pertaining

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

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

the person who was granted the certificate of eligibility for

sealing.

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

offense is granted a certificate of eligibility for expungement

by the Prisoner Review Board which specifically authorizes

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

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

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

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

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

entered expunging the record of arrest from the official

records of the arresting authority and order that the records

of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as

otherwise provided herein, and the name of the petitioner

obliterated from the official index requested to be kept by the

circuit court clerk under Section 16 of the Clerks of Courts

Act in connection with the arrest and conviction for the

offense for which he or she had been granted the certificate

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

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

by the Department may be disseminated by the Department only as

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

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

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

of sentencing for any subsequent felony. Upon conviction for

any subsequent offense, the Department of Corrections shall

have access to all expunged records of the Department

pertaining to that individual. Upon entry of the order of

expungement, the circuit court clerk shall promptly mail a copy

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

eligibility for expungement.

(f) Subject to available funding, the Illinois Department

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

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

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

Illinois Department of Corrections, records of the Illinois

Department of Employment Security shall be utilized as

appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(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; 99-642, eff. 7-28-16; 99-697, eff.

7-29-16; 99-881, eff. 1-1-17; revised 9-2-16.)

Section 150. The Illinois Uniform Conviction Information

Act is amended by changing Section 3 as follows:

(20 ILCS 2635/3) (from Ch. 38, par. 1603)

Sec. 3. Definitions. Whenever used in this Act, and for the

purposes of this Act, unless the context clearly indicates

otherwise:

(A) "Accurate" means factually correct, containing no

mistake or error of a material nature.

(B) The phrase "administer the criminal laws" includes any

of the following activities: intelligence gathering,

surveillance, criminal investigation, crime detection and

prevention (including research), apprehension, detention,

pretrial or post-trial release, prosecution, the correctional

supervision or rehabilitation of accused persons or criminal

offenders, criminal identification activities, data analysis

and research done by the sentencing commission, or the

collection, maintenance or dissemination of criminal history

record information.

(C) "The Authority" means the Illinois Criminal Justice

Information Authority.

(D) "Automated" means the utilization of computers,

telecommunication lines, or other automatic data processing

equipment for data collection or storage, analysis,

processing, preservation, maintenance, dissemination, or

display and is distinguished from a system in which such

activities are performed manually.

(E) "Complete" means accurately reflecting all the

criminal history record information about an individual that is

required to be reported to the Department pursuant to Section

2.1 of the Criminal Identification Act.

(F) "Conviction information" means data reflecting a

judgment of guilt or nolo contendere. The term includes all

prior and subsequent criminal history events directly relating

to such judgments, such as, but not limited to: (1) the

notation of arrest; (2) the notation of charges filed; (3) the

sentence imposed; (4) the fine imposed; and (5) all related

probation, parole, and release information. Information ceases

to be "conviction information" when a judgment of guilt is

reversed or vacated.

For purposes of this Act, continuances to a date certain in

furtherance of an order of supervision granted under Section

5-6-1 of the Unified Code of Corrections or an order of

probation granted under either 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 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 shall not be deemed "conviction information".

(G) "Criminal history record information" means data

identifiable to an individual, including information collected

under Section 4.5 of the Criminal Identification Act, and

consisting of descriptions or notations of arrests,

detentions, indictments, informations, pretrial proceedings,

trials, or other formal events in the criminal justice system

or descriptions or notations of criminal charges (including

criminal violations of local municipal ordinances) and the

nature of any disposition arising therefrom, including

sentencing, court or correctional supervision, rehabilitation

and release. The term does not apply to statistical records and

reports in which individuals individual are not identified and

from which their identities are not ascertainable, or to

information that is for criminal investigative or intelligence

purposes.

(H) "Criminal justice agency" means (1) a government agency

or any subunit thereof which is authorized to administer the

criminal laws and which allocates a substantial part of its

annual budget for that purpose, or (2) an agency supported by

public funds which is authorized as its principal function to

administer the criminal laws and which is officially designated

by the Department as a criminal justice agency for purposes of

this Act.

(I) "The Department" means the Illinois Department of State

Police.

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

Department of State Police.

(K) "Disseminate" means to disclose or transmit conviction

information in any form, oral, written, or otherwise.

(L) "Exigency" means pending danger or the threat of

pending danger to an individual or property.

(M) "Non-criminal justice agency" means a State agency,

Federal agency, or unit of local government that is not a

criminal justice agency. The term does not refer to private

individuals, corporations, or non-governmental agencies or

organizations.

(M-5) "Request" means the submission to the Department, in

the form and manner required, the necessary data elements or

fingerprints, or both, to allow the Department to initiate a

search of its criminal history record information files.

(N) "Requester" means any private individual, corporation,

organization, employer, employment agency, labor organization,

or non-criminal justice agency that has made a request pursuant

to this Act to obtain conviction information maintained in the

files of the Department of State Police regarding a particular

individual.

(O) "Statistical information" means data from which the

identity of an individual cannot be ascertained,

reconstructed, or verified and to which the identity of an

individual cannot be linked by the recipient of the

information.

(P) "Sentencing commission" means the Sentencing Policy

Advisory Council.

(Source: P.A. 98-528, eff. 1-1-15; 99-880, eff. 8-22-16;

revised 10-27-16.)

Section 155. The Department of Veterans Affairs Act is

amended by changing Section 20 as follows:

(20 ILCS 2805/20)

Sec. 20. Illinois Discharged Servicemember Task Force. The

Illinois Discharged Servicemember Task Force is hereby created

within the Department of Veterans' Veterans Affairs. The Task

Force shall investigate the re-entry process for service

members who return to civilian life after being engaged in an

active theater. The investigation shall include the effects of

post-traumatic stress disorder, homelessness, disabilities,

and other issues the Task Force finds relevant to the re-entry

process. For fiscal year 2012, the Task Force shall include the

availability of prosthetics in its investigation. For fiscal

year 2014, the Task Force shall include the needs of women

veterans with respect to issues including, but not limited to,

compensation, rehabilitation, outreach, health care, and

issues facing women veterans in the community, and to offer

recommendations on how best to alleviate these needs which

shall be included in the Task Force Annual Report for 2014. The

Task Force shall include the following members:

(a) a representative of the Department of Veterans'

Veterans Affairs, who shall chair the committee;

(b) a representative from the Department of Military

Affairs;

(c) a representative from the Office of the Illinois

Attorney General;

(d) a member of the General Assembly appointed by the

Speaker of the House;

(e) a member of the General Assembly appointed by the

House Minority Leader;

(f) a member of the General Assembly appointed by the

President of the Senate;

(g) a member of the General Assembly appointed by the

Senate Minority Leader;

(h) 4 members chosen by the Department of Veterans'

Veterans Affairs, who shall represent statewide veterans'

organizations or veterans' homeless shelters;

(i) one member appointed by the Lieutenant Governor;

and

(j) a representative of the United States Department of

Veterans Affairs shall be invited to participate.

Vacancies in the Task Force shall be filled by the initial

appointing authority. Task Force members shall serve without

compensation, but may be reimbursed for necessary expenses

incurred in performing duties associated with the Task Force.

By July 1, 2008 and by July 1 of each year thereafter, the

Task Force shall present an annual report of its findings to

the Governor, the Attorney General, the Director of Veterans'

Affairs, the Lieutenant Governor, and the Secretary of the

United States Department of Veterans Affairs.

If the Task Force becomes inactive because active theaters

cease, the Director of Veterans' Veterans Affairs may

reactivate the Task Force if active theaters are reestablished.

(Source: P.A. 97-414, eff. 1-1-12; 98-310, eff. 8-12-13;

revised 9-8-16.)

Section 160. The Illinois Finance Authority Act is amended

by changing Section 825-65 and the heading of Article 835 as

follows:

(20 ILCS 3501/825-65)

Sec. 825-65. Clean Coal, Coal, Energy Efficiency, and

Renewable Energy Project Financing.

(a) Findings and declaration of policy.

(i) It is hereby found and declared that Illinois has

abundant coal resources and, in some areas of Illinois, the

demand for power exceeds the generating capacity.

Incentives to encourage the construction of coal-fueled

electric generating plants in Illinois to ensure power

generating capacity into the future and to advance clean

coal technology and the use of Illinois coal are in the

best interests of all of the citizens of Illinois.

(ii) It is further found and declared that Illinois has

abundant potential and resources to develop renewable

energy resource projects and that there are many

opportunities to invest in cost-effective energy

efficiency projects throughout the State. The development

of those projects will create jobs and investment as well

as decrease environmental impacts and promote energy

independence in Illinois. Accordingly, the development of

those projects is in the best interests of all of the

citizens of Illinois.

(iii) The Authority is authorized to issue bonds to

help finance Clean Coal, Coal, Energy Efficiency, and

Renewable Energy projects pursuant to this Section.

(b) Definitions.

(i) "Clean Coal Project" means (A) "clean coal

facility", as defined in Section 1-10 of the Illinois Power

Agency Act; (B) "clean coal SNG facility", as defined in

Section 1-10 of the Illinois Power Agency Act; (C)

transmission lines and associated equipment that transfer

electricity from points of supply to points of delivery for

projects described in this subsection (b); (D) pipelines or

other methods to transfer carbon dioxide from the point of

production to the point of storage or sequestration for

projects described in this subsection (b); or (E) projects

to provide carbon abatement technology for existing

generating facilities.

(ii) "Coal Project" means new electric generating

facilities or new gasification facilities, as defined in

Section 605-332 of the Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of

Illinois, which may include mine-mouth power plants,

projects that employ the use of clean coal technology,

projects to provide scrubber technology for existing

energy generating plants, or projects to provide electric

transmission facilities or new gasification facilities.

(iii) "Energy Efficiency Project" means measures that

reduce the amount of electricity or natural gas required to

achieve a given end use, consistent with Section 1-10 of

the Illinois Power Agency Act. "Energy Efficiency Project"

also includes measures that reduce the total Btus of

electricity and natural gas needed to meet the end use or

uses consistent with Section 1-10 of the Illinois Power

Agency Act.

(iv) "Renewable Energy Project" means (A) a project

that uses renewable energy resources, as defined in Section

1-10 of the Illinois Power Agency Act; (B) a project that

uses environmentally preferable technologies and practices

that result in improvements to the production of renewable

fuels, including but not limited to, cellulosic

conversion, water and energy conservation, fractionation,

alternative feedstocks, or reduced greenhouse green house

gas emissions; (C) transmission lines and associated

equipment that transfer electricity from points of supply

to points of delivery for projects described in this

subsection (b); or (D) projects that use technology for the

storage of renewable energy, including, without

limitation, the use of battery or electrochemical storage

technology for mobile or stationary applications.

(c) Creation of reserve funds. The Authority may establish

and maintain one or more reserve funds to enhance bonds issued

by the Authority for a Clean Coal Project, a Coal Project, an

Energy Efficiency Project, or a Renewable Energy Project. There

may be one or more accounts in these reserve funds in which

there may be deposited:

(1) any proceeds of the bonds issued by the Authority

required to be deposited therein by the terms of any

contract between the Authority and its bondholders or any

resolution of the Authority;

(2) any other moneys or funds of the Authority that it

may determine to deposit therein from any other source; and

(3) any other moneys or funds made available to the

Authority. Subject to the terms of any pledge to the owners

of any bonds, moneys in any reserve fund may be held and

applied to the payment of principal, premium, if any, and

interest of such bonds.

(d) Powers and duties. The Authority has the power:

(1) To issue bonds in one or more series pursuant to

one or more resolutions of the Authority for any Clean Coal

Project, Coal Project, Energy Efficiency Project, or

Renewable Energy Project authorized under this Section,

within the authorization set forth in subsection (e).

(2) To provide for the funding of any reserves or other

funds or accounts deemed necessary by the Authority in

connection with any bonds issued by the Authority.

(3) To pledge any funds of the Authority or funds made

available to the Authority that may be applied to such

purpose as security for any bonds or any guarantees,

letters of credit, insurance contracts or similar credit

support or liquidity instruments securing the bonds.

(4) To enter into agreements or contracts with third

parties, whether public or private, including, without

limitation, the United States of America, the State or any

department or agency thereof, to obtain any

appropriations, grants, loans or guarantees that are

deemed necessary or desirable by the Authority. Any such

guarantee, agreement or contract may contain terms and

provisions necessary or desirable in connection with the

program, subject to the requirements established by the

Act.

(5) To exercise such other powers as are necessary or

incidental to the foregoing.

(e) Clean Coal Project, Coal Project, Energy Efficiency

Project, and Renewable Energy Project bond authorization and

financing limits. In addition to any other bonds authorized to

be issued under Sections 801-40(w), 825-60, 830-25 and 845-5,

the Authority may have outstanding, at any time, bonds for the

purpose enumerated in this Section 825-65 in an aggregate

principal amount that shall not exceed $3,000,000,000, subject

to the following limitations: (i) up to $300,000,000 may be

issued to finance projects, as described in clause (C) of

subsection (b)(i) and clause (C) of subsection (b)(iv) of this

Section 825-65; (ii) up to $500,000,000 may be issued to

finance projects, as described in clauses (D) and (E) of

subsection (b)(i) of this Section 825-65; (iii) up to

$2,000,000,000 may be issued to finance Clean Coal Projects, as

described in clauses (A) and (B) of subsection (b)(i) of this

Section 825-65 and Coal Projects, as described in subsection

(b)(ii) of this Section 825-65; and (iv) up to $2,000,000,000

may be issued to finance Energy Efficiency Projects, as

described in subsection (b)(iii) of this Section 825-65 and

Renewable Energy Projects, as described in clauses (A), (B),

and (D) of subsection (b)(iii) of this Section 825-65. An

application for a loan financed from bond proceeds from a

borrower or its affiliates for a Clean Coal Project, a Coal

Project, Energy Efficiency Project, or a Renewable Energy

Project may not be approved by the Authority for an amount in

excess of $450,000,000 for any borrower or its affiliates. A

Clean Coal Project or Coal Project must be located within the

State. An Energy Efficiency Project may be located within the

State or outside the State, provided that, if the Energy

Efficiency Project is located outside of the State, it must be

owned, operated, leased, or managed by an entity located within

the State or any entity affiliated with an entity located

within the State. These bonds shall not constitute an

indebtedness or obligation of the State of Illinois and it

shall be plainly stated on the face of each bond that it does

not constitute an indebtedness or obligation of the State of

Illinois, but is payable solely from the revenues, income or

other assets of the Authority pledged therefor.

(f) The bonding authority granted under this Section is in

addition to and not limited by the provisions of Section 845-5.

(Source: P.A. 98-90, eff. 7-15-13; revised 9-8-16.)

(20 ILCS 3501/Art. 835 heading)

ARTICLE 835 .

VETERANS ASSISTANCE

(Source: P.A. 99-509, eff. 6-24-16; revised 10-26-16.)

Section 165. The Alton Lake Heritage Parkway Corridor Law

is amended by changing Section 1005 as follows:

(20 ILCS 3905/1005) (from Ch. 105, par. 905)

Sec. 1005. Advisory Commission. The State of Illinois, in

carrying forward its duties to preserve or enhance the quality

of this Parkway Corridor, shall establish the Alton Lake

Heritage Parkway Advisory Commission. Beginning on January 1,

1994 (the effective date of Public Act 88-274) this amendatory

Act of 1993, the Commission shall be known as, and its name

shall be changed to, the Alton Lake Heritage Parkway Corridor

Advisory Commission.

The Commission shall consist of 10 members, one each from

Alton and Godfrey Townships in Madison County, one each from

Quarry and Elsah Townships in Jersey County, one each from the

cities of Alton, Elsah, and Grafton, one from the Village of

Godfrey, and one each from Madison and Jersey Counties. The

Supervisor of each Township, the Mayor of each municipality,

and the County Board Chairman of each county shall appoint the

members from their respective township, municipality, or

county. The Mississippi River Parkway Advisory Council shall

serve as a technical advisory body to the Commission.

The Commission will develop a land management plan that it

will recommend to the General Assembly by November 1, 1992.

The plan shall be subject to a public informational meeting

prior to it being sent to the General Assembly. Thereafter the

Commission is authorized to facilitate, coordinate, make

recommendations for implementing, and assist in implementing

the land management plan in the parkway corridor and its

viewshed, conservation, and open land-agricultural cores.

The Commission may raise, accept, and expend funds from

public and private sources for the purpose of developing,

facilitating and coordinating and making recommendations for

the implementation of, and assisting in the implementation of,

the land management plan in the parkway corridor.

Using funds that it receives as authorized by this Section,

the Commission may select and contract with a multidiscipline

design consultant to assist the Commission in the design and

development of the parkway corridor.

The Commission is authorized to cooperate with

not-for-profit corporations empowered to establish trusts to

acquire and hold title to scenic easements and other interests

in land for the purposes of this Article and implementation of

the land management plan in the parkway corridor.

(Source: P.A. 87-215; 87-867; 87-964; 88-45; 88-274; revised

9-19-16.)

Section 170. The Illinois Health Facilities Planning Act is

amended by changing Section 8.5 as follows:

(20 ILCS 3960/8.5)

(Section scheduled to be repealed on December 31, 2019)

Sec. 8.5. Certificate of exemption for change of ownership

of a health care facility; discontinuation of a health care

facility or category of service; public notice and public

hearing.

(a) Upon a finding that an application for a change of

ownership is complete, the State Board shall publish a legal

notice on one day in a newspaper of general circulation in the

area or community to be affected and afford the public an

opportunity to request a hearing. If the application is for a

facility located in a Metropolitan Statistical Area, an

additional legal notice shall be published in a newspaper of

limited circulation, if one exists, in the area in which the

facility is located. If the newspaper of limited circulation is

published on a daily basis, the additional legal notice shall

be published on one day. The applicant shall pay the cost

incurred by the Board in publishing the change of ownership

notice in newspapers as required under this subsection. The

legal notice shall also be posted on the Health Facilities and

Services Review Board's web site and sent to the State

Representative and State Senator of the district in which the

health care facility is located. An application for change of

ownership of a hospital shall not be deemed complete without a

signed certification that for a period of 2 years after the

change of ownership transaction is effective, the hospital will

not adopt a charity care policy that is more restrictive than

the policy in effect during the year prior to the transaction.

An application for a change of ownership need not contain

signed transaction documents so long as it includes the

following key terms of the transaction: names and background of

the parties; structure of the transaction; the person who will

be the licensed or certified entity after the transaction; the

ownership or membership interests in such licensed or certified

entity both prior to and after the transaction; fair market

value of assets to be transferred; and the purchase price or

other form of consideration to be provided for those assets.

The issuance of the certificate of exemption shall be

contingent upon the applicant submitting a statement to the

Board within 90 days after the closing date of the transaction,

or such longer period as provided by the Board, certifying that

the change of ownership has been completed in accordance with

the key terms contained in the application. If such key terms

of the transaction change, a new application shall be required.

Where a change of ownership is among related persons, and

there are no other changes being proposed at the health care

facility that would otherwise require a permit or exemption

under this Act, the applicant shall submit an application

consisting of a standard notice in a form set forth by the

Board briefly explaining the reasons for the proposed change of

ownership. Once such an application is submitted to the Board

and reviewed by the Board staff, the Board Chair shall take

action on an application for an exemption for a change of

ownership among related persons within 45 days after the

application has been deemed complete, provided the application

meets the applicable standards under this Section. If the Board

Chair has a conflict of interest or for other good cause, the

Chair may request review by the Board. Notwithstanding any

other provision of this Act, for purposes of this Section, a

change of ownership among related persons means a transaction

where the parties to the transaction are under common control

or ownership before and after the transaction is completed.

Nothing in this Act shall be construed as authorizing the

Board to impose any conditions, obligations, or limitations,

other than those required by this Section, with respect to the

issuance of an exemption for a change of ownership, including,

but not limited to, the time period before which a subsequent

change of ownership of the health care facility could be

sought, or the commitment to continue to offer for a specified

time period any services currently offered by the health care

facility.

(a-3) Upon a finding that an application to close a health

care facility is complete, the State Board shall publish a

legal notice on 3 consecutive days in a newspaper of general

circulation in the area or community to be affected and afford

the public an opportunity to request a hearing. If the

application is for a facility located in a Metropolitan

Statistical Area, an additional legal notice shall be published

in a newspaper of limited circulation, if one exists, in the

area in which the facility is located. If the newspaper of

limited circulation is published on a daily basis, the

additional legal notice shall be published on 3 consecutive

days. The legal notice shall also be posted on the Health

Facilities and Services Review Board's web site and sent to the

State Representative and State Senator of the district in which

the health care facility is located. In addition, the health

care facility shall provide notice of closure to the local

media that the health care facility would routinely notify

about facility events. No later than 90 days after a

discontinuation of a health facility, the applicant must submit

a statement to the State Board certifying that the

discontinuation is complete.

(a-5) Upon a finding that an application to discontinue a

category of service is complete and provides the requested

information, as specified by the State Board, an exemption

shall be issued. No later than 30 days after the issuance of

the exemption, the health care facility must give written

notice of the discontinuation of the category of service to the

State Senator and State Representative serving the legislative

district in which the health care facility is located. No later

than 90 days after a discontinuation of a category of service,

the applicant must submit a statement to the State Board

certifying that the discontinuation is complete.

(b) If a public hearing is requested, it shall be held at

least 15 days but no more than 30 days after the date of

publication of the legal notice in the community in which the

facility is located. The hearing shall be held in the affected

area or community in a place of reasonable size and

accessibility and a full and complete written transcript of the

proceedings shall be made. All interested persons attending the

hearing shall be given a reasonable opportunity to present

their positions in writing or orally. The applicant shall

provide a summary of the proposal for distribution at the

public hearing.

(c) For the purposes of this Section "newspaper of limited

circulation" means a newspaper intended to serve a particular

or defined population of a specific geographic area within a

Metropolitan Statistical Area such as a municipality, town,

village, township, or community area, but does not include

publications of professional and trade associations.

(Source: P.A. 98-1086, eff. 8-26-14; 99-154, eff. 7-28-15;

99-527, eff. 1-1-17; 99-551, eff. 7-15-16; revised 9-13-16.)

Section 175. The Illinois Latino Family Commission Act is

amended by changing Section 5 as follows:

(20 ILCS 3983/5)

Sec. 5. Legislative findings Findings. It is the policy of

this State to promote family preservation and to strengthen

families.

Latinos are well represented among the families of

Illinois. The Illinois Latino population is the fifth largest

in the nation. Over 14% of the estimated 12,000,000 people that

live in Illinois are Latinos. According to the 2000 Census

figures, more than 1,750,000 Latinos make Illinois their home.

This figure represents a 69.2% increase from the 1990 Census

figures compared to about 3.5% for non-Latinos. The Latino

population explosion accounted for two-thirds of the total

population change in Illinois and it is visible throughout the

State.

In Cook County alone, the Latino population has increased

to about 1,071,740. In the 6 county region including Cook

County, nearly 69% of new residents were Hispanic. Roughly

23.7% of Kane County residents are Latino. In Lake County,

Latinos make up 14.4% of the total county population.

Latinos are not only the fastest growing ethnic group in

the State, they are also the youngest. The median age for

Latinos in Illinois is 25, compared to 36 for non-Latinos.

Despite unprecedented population growth, Latinos lag behind in

major indicators of well-being relative to education, health,

employment, and child welfare, as well as representation

throughout the State. Moreover, Latino children and families

present unique linguistic, cultural, and immigration issues

for the State.

Latinos have a well-established presence in the child

welfare system. Of the total 86,973 children that were reported

abused or neglected in Fiscal Year 2001, about 8,442 or 9.7%

were Hispanic children. About 25% of these hotline reports were

indicated, for a total of 2,155 Latino children in Fiscal Year

2001. As of August 2003, there were about 1,367 open Latino

child abuse cases in Illinois. This figure is only slightly

lower than the 1,491 open Latino child cases reported for the

previous fiscal year. Hispanic cases make up about 6% of all

open child cases (excluding adoption assistance and home of

parent living arrangement). Latino families receiving services

make up about 16% of all intact family cases. It is estimated

that between 60% and 80% of all Latino families involved with

the Illinois Department of Children Child and Family Services

(IDCFS) will need bilingual services at some point during the

time their case is open. However, IDCFS struggles to meet the

demand for bilingual services. There are similar examples

throughout the State demonstrating that Illinois lacks a

unified and comprehensive strategy for addressing the unique

needs of Latino families.

Latino families remain outside of the margins of

opportunities in the State. There are tremendous challenges

faced by Latino families and children in the State. Clearly,

the growing Latino presence demands that government, child and

family advocates, and other key stakeholders come together to

identify and implement policy strategies that can create an

infrastructure of support for Latino families in the State.

Building this needed infrastructure of policies must involve

multiple State agencies. The Illinois Latino Family Commission

shall lead the effort, advising the Governor and assisting

State agencies with this task.

(Source: P.A. 95-619, eff. 9-14-07; revised 9-16-16.)

Section 180. The Fair Practices in Contracting Task Force

Act is amended by changing Section 5 as follows:

(20 ILCS 5080/5)

(Section scheduled to be repealed on January 2, 2019)

Sec. 5. Purpose and members.

(a) There is created the Fair Practices in Contracting Task

Force to:

(1) thoroughly survey African-American-owned business

participation in State procurement;

(2) study African-American-owned subcontractors'

ability to be paid in a timely manner and the communication

processes between subcontractors and prime contractors and

the State;

(3) research solutions and methods to address the

disparity in procurement awards; and

(4) produce a final report summarizing the Task Force's

findings and detailing recommended statutory or

constitutional strategies to recognize best practices.

(b) The Task Force shall consist of the following members:

(1) One member of the House of Representatives,

appointed by the Speaker of the House of Representatives;

(2) One member of the House of Representatives,

appointed by the Minority Leader of the House of

Representatives;

(3) One member of the Senate, appointed by the

President of the Senate;

(4) One member of the Senate, appointed by the Minority

Leader of the Senate;

(5) Four members appointed by the Governor, 3 of whom

must be from the Department of Central Management Services,

the Department of Transportation, or the Department of

Healthcare Health and Family Services, and one of whom must

be a member of the Illinois African-American Family

Commission; and

(6) Four members of the public, representing

minority-owned businesses, appointed by the Governor.

(c) Members shall serve without compensation.

(Source: P.A. 99-451, eff. 6-1-16; revised 9-12-16.)

Section 185. The Judicial Note Act is amended by changing

Section 2 as follows:

(25 ILCS 60/2) (from Ch. 63, par. 42.62)

Sec. 2. The sponsor of each bill referred to in Section 1,

shall present a copy of the bill, with his requirements for a

judicial note, to the Supreme Court. The judicial note shall be

prepared by the Supreme Court and furnished to the sponsor of

the bill within 5 calendar days thereafter; except that

whenever, because of the complexity of the measure, additional

time is required for the preparation of the judicial note the

Supreme Court may so inform the sponsor of the bill and he may

approve an extension of the time within which the note should

be furnished, not to extend, however, beyond June 15 the odd

numbered year following the date of request. Whenever any

measure by which a judicial note is requested affects effects

more than one county, circuit, or judicial district, such

effect must be set forth in the judicial note.

(Source: P.A. 84-1395; revised 9-6-16.)

Section 190. The Housing Affordability Impact Note Act is

amended by changing Section 10 as follows:

(25 ILCS 82/10)

Sec. 10. Preparation. The sponsor of each bill, or the

agency proposing a rule, to which Section Sec. 5 applies, shall

present a copy of the bill or proposed rule, with the request

for a housing affordability impact note, to the Illinois

Housing Development Authority. The housing affordability

impact note shall be prepared by the Illinois Housing

Development Authority and submitted to the sponsor of the bill

or the agency within 5 calendar days, except that whenever,

because of the complexity of the measure, additional time is

required for the preparation of the housing affordability

impact note, the Illinois Housing Development Authority may

inform the sponsor of the bill or the agency, and the sponsor

or agency may approve an extension of the time within which the

note is to be submitted, not to extend, however, beyond June

15, following the date of the request. The Illinois Housing

Development Authority may seek assistance from a Statewide

trade organization representing the real estate or home

building industry in the preparation of a housing affordability

impact note. If, in the opinion of the Illinois Housing

Development Authority, there is insufficient information to

prepare a reliable estimate of the anticipated impact, a

statement to that effect can be filed and shall meet the

requirements of this Act.

(Source: P.A. 87-1149; 88-61; revised 9-7-16.)

Section 195. The State Finance Act is amended by setting

forth and renumbering multiple versions of Sections 5.595 and

5.875 and by changing Sections 6z-9 and 8g as follows:

(30 ILCS 105/5.595)

Sec. 5.595. (Repealed).

(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-576,

eff. 7-15-16.)

(30 ILCS 105/5.595a)

Sec. 5.595a 5.595. The Local Legacy Fund.

(Source: P.A. 93-328, eff. 1-1-04; revised 10-4-16.)

(30 ILCS 105/5.874)

Sec. 5.874 5.875. The Child Bereavement Fund.

(Source: P.A. 99-703, eff. 7-29-16; revised 10-4-16.)

(30 ILCS 105/5.875)

Sec. 5.875. The Roadside Monarch Habitat Fund.

(Source: P.A. 99-723, eff. 8-5-16.)

(30 ILCS 105/5.876)

Sec. 5.876 5.875. The State Military Justice Fund.

(Source: P.A. 99-796, eff. 1-1-17; revised 10-4-16.)

(30 ILCS 105/6z-9) (from Ch. 127, par. 142z-9)

Sec. 6z-9. (a) The Build Illinois Fund is created in the

State Treasury. All tax revenues and other moneys from whatever

source which by law are required to be deposited in the Build

Illinois Fund shall be paid into the Build Illinois Fund upon

their collection, payment or other receipt as provided by law,

including the pledge set forth in Section 12 of the Build

Illinois Bond Act. All tax revenues and other moneys paid into

the Build Illinois Fund shall be promptly invested by the State

Treasurer in accordance with law, and all interest or other

earnings accruing or received thereon shall be credited to and

paid into the Build Illinois Fund. No tax revenues or other

moneys, interest or earnings paid into the Build Illinois Fund

shall be transferred or allocated by the Comptroller or

Treasurer to any other fund, nor shall the Governor authorize

any such transfer or allocation, nor shall any tax revenues or

other moneys, interest or earnings paid into the Build Illinois

Fund be used, temporarily or otherwise, for interfund

borrowing, or be otherwise used or appropriated, except as

expressly authorized and provided in Section 8.25 of this Act

for the sole purposes and subject to the priorities,

limitations and conditions prescribed therein.

(b) The tax revenues and other moneys shall be paid into

the Build Illinois Fund pursuant to Section 6z-17 of this Act,

Section 28 of the "Illinois Horse Racing Act of 1975", as

amended, Section 9 of the "Use Tax Act", as amended, Section 9

of the "Service Use Tax Act", as amended, Section 9 of the

"Service Occupation Tax Act", as amended, Section 3 of the

"Retailers' Occupation Tax Act", as amended, Section 4.05 of

the "Chicago World's Fair - 1992 Authority Act", as amended,

and Sections 3 and 6 of the "The Hotel Operators' Occupation

Tax Act", as amended.

(Source: P.A. 91-51, eff. 6-30-99; revised 9-8-16.)

(30 ILCS 105/8g)

Sec. 8g. Fund transfers.

(a) In addition to any other transfers that may be provided

for by law, as soon as may be practical after June 9, 1999 (the

effective date of Public Act 91-25) this amendatory Act of the

91st General Assembly, the State Comptroller shall direct and

the State Treasurer shall transfer the sum of $10,000,000 from

the General Revenue Fund to the Motor Vehicle License Plate

Fund created by Public Act 91-37 Senate Bill 1028 of the 91st

General Assembly.

(b) In addition to any other transfers that may be provided

for by law, as soon as may be practical after June 9, 1999 (the

effective date of Public Act 91-25) this amendatory Act of the

91st General Assembly, the State Comptroller shall direct and

the State Treasurer shall transfer the sum of $25,000,000 from

the General Revenue Fund to the Fund for Illinois' Future

created by Public Act 91-38 Senate Bill 1066 of the 91st

General Assembly.

(c) In addition to any other transfers that may be provided

for by law, on August 30 of each fiscal year's license period,

the Illinois Liquor Control Commission shall direct and the

State Comptroller and State Treasurer shall transfer from the

General Revenue Fund to the Youth Alcoholism and Substance

Abuse Prevention Fund an amount equal to the number of retail

liquor licenses issued for that fiscal year multiplied by $50.

(d) The payments to programs required under subsection (d)

of Section 28.1 of the Illinois Horse Racing Act of 1975 shall

be made, pursuant to appropriation, from the special funds

referred to in the statutes cited in that subsection, rather

than directly from the General Revenue Fund.

Beginning January 1, 2000, on the first day of each month,

or as soon as may be practical thereafter, the State

Comptroller shall direct and the State Treasurer shall transfer

from the General Revenue Fund to each of the special funds from

which payments are to be made under Section 28.1(d) of the

Illinois Horse Racing Act of 1975 an amount equal to 1/12 of

the annual amount required for those payments from that special

fund, which annual amount shall not exceed the annual amount

for those payments from that special fund for the calendar year

1998. The special funds to which transfers shall be made under

this subsection (d) include, but are not necessarily limited

to, the Agricultural Premium Fund; the Metropolitan

Exposition, Auditorium and Office Building Fund; the Fair and

Exposition Fund; the Illinois Standardbred Breeders Fund; the

Illinois Thoroughbred Breeders Fund; and the Illinois

Veterans' Rehabilitation Fund.

(e) In addition to any other transfers that may be provided

for by law, as soon as may be practical after May 17, 2000 (the

effective date of Public Act 91-704) this amendatory Act of the

91st General Assembly, but in no event later than June 30,

2000, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $15,000,000 from the

General Revenue Fund to the Fund for Illinois' Future.

(f) In addition to any other transfers that may be provided

for by law, as soon as may be practical after May 17, 2000 (the

effective date of Public Act 91-704) this amendatory Act of the

91st General Assembly, but in no event later than June 30,

2000, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $70,000,000 from the

General Revenue Fund to the Long-Term Care Provider Fund.

(f-1) In fiscal year 2002, in addition to any other

transfers that may be provided for by law, at the direction of

and upon notification from the Governor, the State Comptroller

shall direct and the State Treasurer shall transfer amounts not

exceeding a total of $160,000,000 from the General Revenue Fund

to the Long-Term Care Provider Fund.

(g) In addition to any other transfers that may be provided

for by law, on July 1, 2001, or as soon thereafter as may be

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,200,000 from the General

Revenue Fund to the Violence Prevention Fund.

(h) In each of fiscal years 2002 through 2004, but not

thereafter, in addition to any other transfers that may be

provided for by law, the State Comptroller shall direct and the

State Treasurer shall transfer $5,000,000 from the General

Revenue Fund to the Tourism Promotion Fund.

(i) On or after July 1, 2001 and until May 1, 2002, in

addition to any other transfers that may be provided for by

law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

re-transferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2002.

(i-1) On or after July 1, 2002 and until May 1, 2003, in

addition to any other transfers that may be provided for by

law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

re-transferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2003.

(j) On or after July 1, 2001 and no later than June 30,

2002, in addition to any other transfers that may be provided

for by law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not to exceed the following

sums into the Statistical Services Revolving Fund:

From the General Revenue Fund................. $8,450,000 From the Public Utility Fund.................. 1,700,000 From the Transportation Regulatory Fund....... 2,650,000 From the Title III Social Security and Employment Fund.............................. 3,700,000 From the Professions Indirect Cost Fund....... 4,050,000 From the Underground Storage Tank Fund........ 550,000

From the Agricultural Premium Fund............ 750,000 From the State Pensions Fund.................. 200,000 From the Road Fund............................ 2,000,000 From the Illinois Health Facilities Planning Fund................................ 1,000,000 From the Savings and Residential Finance Regulatory Fund.............................. 130,800 From the Appraisal Administration Fund........ 28,600 From the Pawnbroker Regulation Fund........... 3,600 From the Auction Regulation Administration Fund.......................... 35,800 From the Bank and Trust Company Fund.......... 634,800 From the Real Estate License Administration Fund.......................... 313,600

(k) In addition to any other transfers that may be provided

for by law, as soon as may be practical after December 20, 2001

(the effective date of Public Act 92-505) this amendatory Act

of the 92nd General Assembly, the State Comptroller shall

direct and the State Treasurer shall transfer the sum of

$2,000,000 from the General Revenue Fund to the Teachers Health

Insurance Security Fund.

(k-1) In addition to any other transfers that may be

provided for by law, on July 1, 2002, or as soon as may be

practical thereafter, the State Comptroller shall direct and

the State Treasurer shall transfer the sum of $2,000,000 from

the General Revenue Fund to the Teachers Health Insurance

Security Fund.

(k-2) In addition to any other transfers that may be

provided for by law, on July 1, 2003, or as soon as may be

practical thereafter, the State Comptroller shall direct and

the State Treasurer shall transfer the sum of $2,000,000 from

the General Revenue Fund to the Teachers Health Insurance

Security Fund.

(k-3) On or after July 1, 2002 and no later than June 30,

2003, in addition to any other transfers that may be provided

for by law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not to exceed the following

sums into the Statistical Services Revolving Fund:

Appraisal Administration Fund................. $150,000 General Revenue Fund.......................... 10,440,000 Savings and Residential Finance Regulatory Fund........................... 200,000 State Pensions Fund........................... 100,000 Bank and Trust Company Fund................... 100,000 Professions Indirect Cost Fund................ 3,400,000 Public Utility Fund........................... 2,081,200 Real Estate License Administration Fund....... 150,000 Title III Social Security and Employment Fund........................... 1,000,000 Transportation Regulatory Fund................ 3,052,100 Underground Storage Tank Fund................. 50,000

(l) In addition to any other transfers that may be provided

for by law, on July 1, 2002, or as soon as may be practical

thereafter, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $3,000,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(m) In addition to any other transfers that may be provided

for by law, on July 1, 2002 and on January 8, 2004 (the

effective date of Public Act 93-648) this amendatory Act of the

93rd General Assembly, or as soon thereafter as may be

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,200,000 from the General

Revenue Fund to the Violence Prevention Fund.

(n) In addition to any other transfers that may be provided

for by law, on July 1, 2003, or as soon thereafter as may be

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $6,800,000 from the General

Revenue Fund to the DHS Recoveries Trust Fund.

(o) On or after July 1, 2003, and no later than June 30,

2004, in addition to any other transfers that may be provided

for by law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not to exceed the following

sums into the Vehicle Inspection Fund:

From the Underground Storage Tank Fund ....... $35,000,000.

(p) On or after July 1, 2003 and until May 1, 2004, in

addition to any other transfers that may be provided for by

law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

re-transferred from the Tobacco Settlement Recovery Fund to the

General Revenue Fund at the direction of and upon notification

from the Governor, but in any event on or before June 30, 2004.

(q) In addition to any other transfers that may be provided

for by law, on July 1, 2003, or as soon as may be practical

thereafter, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Illinois Military Family Relief Fund.

(r) In addition to any other transfers that may be provided

for by law, on July 1, 2003, or as soon as may be practical

thereafter, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,922,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(s) In addition to any other transfers that may be provided

for by law, on or after July 1, 2003, the State Comptroller

shall direct and the State Treasurer shall transfer the sum of

$4,800,000 from the Statewide Economic Development Fund to the

General Revenue Fund.

(t) In addition to any other transfers that may be provided

for by law, on or after July 1, 2003, the State Comptroller

shall direct and the State Treasurer shall transfer the sum of

$50,000,000 from the General Revenue Fund to the Budget

Stabilization Fund.

(u) On or after July 1, 2004 and until May 1, 2005, in

addition to any other transfers that may be provided for by

law, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2005.

(v) In addition to any other transfers that may be provided

for by law, on July 1, 2004, or as soon thereafter as may be

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,200,000 from the General

Revenue Fund to the Violence Prevention Fund.

(w) In addition to any other transfers that may be provided

for by law, on July 1, 2004, or as soon thereafter as may be

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $6,445,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(x) In addition to any other transfers that may be provided

for by law, on January 15, 2005, or as soon thereafter as may

be practical, the State Comptroller shall direct and the State

Treasurer shall transfer to the General Revenue Fund the

following sums:

From the State Crime Laboratory Fund, $200,000;

From the State Police Wireless Service Emergency Fund,

$200,000;

From the State Offender DNA Identification System

Fund, $800,000; and

From the State Police Whistleblower Reward and

Protection Fund, $500,000.

(y) Notwithstanding any other provision of law to the

contrary, in addition to any other transfers that may be

provided for by law on June 30, 2005, or as soon as may be

practical thereafter, the State Comptroller shall direct and

the State Treasurer shall transfer the remaining balance from

the designated funds into the General Revenue Fund and any

future deposits that would otherwise be made into these funds

must instead be made into the General Revenue Fund:

(1) the Keep Illinois Beautiful Fund;

(2) the Metropolitan Fair and Exposition Authority

Reconstruction Fund;

(3) the New Technology Recovery Fund;

(4) the Illinois Rural Bond Bank Trust Fund;

(5) the ISBE School Bus Driver Permit Fund;

(6) the Solid Waste Management Revolving Loan Fund;

(7) the State Postsecondary Review Program Fund;

(8) the Tourism Attraction Development Matching Grant

Fund;

(9) the Patent and Copyright Fund;

(10) the Credit Enhancement Development Fund;

(11) the Community Mental Health and Developmental

Disabilities Services Provider Participation Fee Trust

Fund;

(12) the Nursing Home Grant Assistance Fund;

(13) the By-product Material Safety Fund;

(14) the Illinois Student Assistance Commission Higher

EdNet Fund;

(15) the DORS State Project Fund;

(16) the School Technology Revolving Fund;

(17) the Energy Assistance Contribution Fund;

(18) the Illinois Building Commission Revolving Fund;

(19) the Illinois Aquaculture Development Fund;

(20) the Homelessness Prevention Fund;

(21) the DCFS Refugee Assistance Fund;

(22) the Illinois Century Network Special Purposes

Fund; and

(23) the Build Illinois Purposes Fund.

(z) In addition to any other transfers that may be provided

for by law, on July 1, 2005, or as soon as may be practical

thereafter, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,200,000 from the General

Revenue Fund to the Violence Prevention Fund.

(aa) In addition to any other transfers that may be

provided for by law, on July 1, 2005, or as soon as may be

practical thereafter, the State Comptroller shall direct and

the State Treasurer shall transfer the sum of $9,000,000 from

the General Revenue Fund to the Presidential Library and Museum

Operating Fund.

(bb) In addition to any other transfers that may be

provided for by law, on July 1, 2005, or as soon as may be

practical thereafter, the State Comptroller shall direct and

the State Treasurer shall transfer the sum of $6,803,600 from

the General Revenue Fund to the Securities Audit and

Enforcement Fund.

(cc) In addition to any other transfers that may be

provided for by law, on or after July 1, 2005 and until May 1,

2006, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

re-transferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2006.

(dd) In addition to any other transfers that may be

provided for by law, on April 1, 2005, or as soon thereafter as

may be practical, at the direction of the Director of Public

Aid (now Director of Healthcare and Family Services), the State

Comptroller shall direct and the State Treasurer shall transfer

from the Public Aid Recoveries Trust Fund amounts not to exceed

$14,000,000 to the Community Mental Health Medicaid Trust Fund.

(ee) Notwithstanding any other provision of law, on July 1,

2006, or as soon thereafter as practical, the State Comptroller

shall direct and the State Treasurer shall transfer the

remaining balance from the Illinois Civic Center Bond Fund to

the Illinois Civic Center Bond Retirement and Interest Fund.

(ff) In addition to any other transfers that may be

provided for by law, on and after July 1, 2006 and until June

30, 2007, at the direction of and upon notification from the

Director of the Governor's Office of Management and Budget, the

State Comptroller shall direct and the State Treasurer shall

transfer amounts not exceeding a total of $1,900,000 from the

General Revenue Fund to the Illinois Capital Revolving Loan

Fund.

(gg) In addition to any other transfers that may be

provided for by law, on and after July 1, 2006 and until May 1,

2007, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2007.

(hh) In addition to any other transfers that may be

provided for by law, on and after July 1, 2006 and until June

30, 2007, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts from the Illinois Affordable

Housing Trust Fund to the designated funds not exceeding the

following amounts:

DCFS Children's Services Fund.................$2,200,000

Department of Corrections Reimbursement

and Education Fund........................$1,500,000

Supplemental Low-Income Energy

Assistance Fund..............................$75,000

(ii) In addition to any other transfers that may be

provided for by law, on or before August 31, 2006, the Governor

and the State Comptroller may agree to transfer the surplus

cash balance from the General Revenue Fund to the Budget

Stabilization Fund and the Pension Stabilization Fund in equal

proportions. The determination of the amount of the surplus

cash balance shall be made by the Governor, with the

concurrence of the State Comptroller, after taking into account

the June 30, 2006 balances in the general funds and the actual

or estimated spending from the general funds during the lapse

period. Notwithstanding the foregoing, the maximum amount that

may be transferred under this subsection (ii) is $50,000,000.

(jj) In addition to any other transfers that may be

provided for by law, on July 1, 2006, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $8,250,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(kk) In addition to any other transfers that may be

provided for by law, on July 1, 2006, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,400,000 from the General

Revenue Fund to the Violence Prevention Fund.

(ll) In addition to any other transfers that may be

provided for by law, on the first day of each calendar quarter

of the fiscal year beginning July 1, 2006, or as soon

thereafter as practical, the State Comptroller shall direct and

the State Treasurer shall transfer from the General Revenue

Fund amounts equal to one-fourth of $20,000,000 to the

Renewable Energy Resources Trust Fund.

(mm) In addition to any other transfers that may be

provided for by law, on July 1, 2006, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,320,000 from the General

Revenue Fund to the I-FLY Fund.

(nn) In addition to any other transfers that may be

provided for by law, on July 1, 2006, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $3,000,000 from the General

Revenue Fund to the African-American HIV/AIDS Response Fund.

(oo) In addition to any other transfers that may be

provided for by law, on and after July 1, 2006 and until June

30, 2007, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts identified as net receipts

from the sale of all or part of the Illinois Student Assistance

Commission loan portfolio from the Student Loan Operating Fund

to the General Revenue Fund. The maximum amount that may be

transferred pursuant to this Section is $38,800,000. In

addition, no transfer may be made pursuant to this Section that

would have the effect of reducing the available balance in the

Student Loan Operating Fund to an amount less than the amount

remaining unexpended and unreserved from the total

appropriations from the Fund estimated to be expended for the

fiscal year. The State Treasurer and Comptroller shall transfer

the amounts designated under this Section as soon as may be

practical after receiving the direction to transfer from the

Governor.

(pp) In addition to any other transfers that may be

provided for by law, on July 1, 2006, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $2,000,000 from the General

Revenue Fund to the Illinois Veterans Assistance Fund.

(qq) In addition to any other transfers that may be

provided for by law, on and after July 1, 2007 and until May 1,

2008, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2008.

(rr) In addition to any other transfers that may be

provided for by law, on and after July 1, 2007 and until June

30, 2008, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts from the Illinois Affordable

Housing Trust Fund to the designated funds not exceeding the

following amounts:

DCFS Children's Services Fund.................$2,200,000

Department of Corrections Reimbursement

and Education Fund........................$1,500,000

Supplemental Low-Income Energy

Assistance Fund..............................$75,000

(ss) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $8,250,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(tt) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,400,000 from the General

Revenue Fund to the Violence Prevention Fund.

(uu) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,320,000 from the General

Revenue Fund to the I-FLY Fund.

(vv) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $3,000,000 from the General

Revenue Fund to the African-American HIV/AIDS Response Fund.

(ww) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $3,500,000 from the General

Revenue Fund to the Predatory Lending Database Program Fund.

(xx) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Digital Divide Elimination Fund.

(yy) In addition to any other transfers that may be

provided for by law, on July 1, 2007, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $4,000,000 from the General

Revenue Fund to the Digital Divide Elimination Infrastructure

Fund.

(zz) In addition to any other transfers that may be

provided for by law, on July 1, 2008, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Digital Divide Elimination Fund.

(aaa) In addition to any other transfers that may be

provided for by law, on and after July 1, 2008 and until May 1,

2009, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2009.

(bbb) In addition to any other transfers that may be

provided for by law, on and after July 1, 2008 and until June

30, 2009, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts from the Illinois Affordable

Housing Trust Fund to the designated funds not exceeding the

following amounts:

DCFS Children's Services Fund.............$2,200,000

Department of Corrections Reimbursement

and Education Fund........................$1,500,000

Supplemental Low-Income Energy

Assistance Fund..............................$75,000

(ccc) In addition to any other transfers that may be

provided for by law, on July 1, 2008, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $7,450,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(ddd) In addition to any other transfers that may be

provided for by law, on July 1, 2008, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,400,000 from the General

Revenue Fund to the Violence Prevention Fund.

(eee) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Digital Divide Elimination Fund.

(fff) In addition to any other transfers that may be

provided for by law, on and after July 1, 2009 and until May 1,

2010, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2010.

(ggg) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $7,450,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(hhh) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,400,000 from the General

Revenue Fund to the Violence Prevention Fund.

(iii) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $100,000 from the General

Revenue Fund to the Heartsaver AED Fund.

(jjj) In addition to any other transfers that may be

provided for by law, on and after July 1, 2009 and until June

30, 2010, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$17,000,000 from the General Revenue Fund to the DCFS

Children's Services Fund.

(lll) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Communications Revolving Fund.

(mmm) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $9,700,000 from the General

Revenue Fund to the Senior Citizens Real Estate Deferred Tax

Revolving Fund.

(nnn) In addition to any other transfers that may be

provided for by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $565,000 from the FY09

Budget Relief Fund to the Horse Racing Fund.

(ooo) In addition to any other transfers that may be

provided by law, on July 1, 2009, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $600,000 from the General

Revenue Fund to the Temporary Relocation Expenses Revolving

Fund.

(ppp) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Digital Divide Elimination Fund.

(qqq) In addition to any other transfers that may be

provided for by law, on and after July 1, 2010 and until May 1,

2011, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2011.

(rrr) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $6,675,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(sss) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,400,000 from the General

Revenue Fund to the Violence Prevention Fund.

(ttt) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $100,000 from the General

Revenue Fund to the Heartsaver AED Fund.

(uuu) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $5,000,000 from the General

Revenue Fund to the Communications Revolving Fund.

(vvv) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $3,000,000 from the General

Revenue Fund to the Illinois Capital Revolving Loan Fund.

(www) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $17,000,000 from the

General Revenue Fund to the DCFS Children's Services Fund.

(xxx) In addition to any other transfers that may be

provided for by law, on July 1, 2010, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $2,000,000 from the Digital

Divide Elimination Infrastructure Fund, of which $1,000,000

shall go to the Workforce, Technology, and Economic Development

Fund and $1,000,000 to the Public Utility Fund.

(yyy) In addition to any other transfers that may be

provided for by law, on and after July 1, 2011 and until May 1,

2012, at the direction of and upon notification from the

Governor, the State Comptroller shall direct and the State

Treasurer shall transfer amounts not exceeding a total of

$80,000,000 from the General Revenue Fund to the Tobacco

Settlement Recovery Fund. Any amounts so transferred shall be

retransferred by the State Comptroller and the State Treasurer

from the Tobacco Settlement Recovery Fund to the General

Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2012.

(zzz) In addition to any other transfers that may be

provided for by law, on July 1, 2011, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,000,000 from the General

Revenue Fund to the Illinois Veterans Assistance Fund.

(aaaa) In addition to any other transfers that may be

provided for by law, on July 1, 2011, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $8,000,000 from the General

Revenue Fund to the Presidential Library and Museum Operating

Fund.

(bbbb) In addition to any other transfers that may be

provided for by law, on July 1, 2011, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $1,400,000 from the General

Revenue Fund to the Violence Prevention Fund.

(cccc) In addition to any other transfers that may be

provided for by law, on July 1, 2011, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $14,100,000 from the

General Revenue Fund to the State Garage Revolving Fund.

(dddd) In addition to any other transfers that may be

provided for by law, on July 1, 2011, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $4,000,000 from the General

Revenue Fund to the Digital Divide Elimination Fund.

(eeee) In addition to any other transfers that may be

provided for by law, on July 1, 2011, or as soon thereafter as

practical, the State Comptroller shall direct and the State

Treasurer shall transfer the sum of $500,000 from the General

Revenue Fund to the Senior Citizens Real Estate Deferred Tax

Revolving Fund.

(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;

96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff. 12-19-11;

revised 9-8-16.)

Section 200. The Natural Heritage Fund Act is amended by

changing Section 5 as follows:

(30 ILCS 150/5) (from Ch. 105, par. 735)

Sec. 5. Interest proceeds Proceeds. The Governor shall

request and the General Assembly may annually appropriate from

the Natural Heritage Fund an amount not to exceed to the annual

investment income earned by the Trust Fund to the Department

and any portion of the investment income earned in preceding

years that was not transferred for the purposes set forth in

Section 4. Upon the Director's request, the Comptroller and the

State Treasurer shall transfer amounts not to exceed the actual

investment income earned from the Trust Fund to the Natural

Heritage Fund from time to time as needed for expenditures from

the Natural Heritage Fund in accordance with appropriations.

(Source: P.A. 87-1197; revised 9-7-16.)

Section 205. The Illinois Procurement Code is amended by

changing Sections 40-30 and 45-67 as follows:

(30 ILCS 500/40-30)

Sec. 40-30. Purchase option. Initial leases of all space in

entire, free-standing buildings shall include an option to

purchase exercisable exerciseable by the State, unless the

purchasing officer determines that inclusion of such purchase

option is not in the State's best interest and makes that

determination in writing along with the reasons for making that

determination and publishes the written determination in the

appropriate volume of the Illinois Procurement Bulletin.

Leases from governmental units and not-for-profit entities are

exempt from the requirements of this Section.

(Source: P.A. 90-572, eff. date - See Sec. 99-5; revised

9-9-16.)

(30 ILCS 500/45-67)

Sec. 45-67. Encouragement to hire qualified veterans. A

chief procurement officer may, as part of any solicitation,

encourage potential contractors to consider hiring qualified

veterans and to notify them of any available financial

incentives or other advantages associated with hiring such

persons. In establishing internal guidelines in furtherance of

this Section, the Department of Central Management Services may

work with an interagency advisory committee consisting of

representatives from the Department of Veterans' Veterans

Affairs, the Department of Employment Security, the Department

of Commerce and Economic Opportunity, and the Department of

Revenue and consisting of 8 members of the General Assembly, 2

of whom are appointed by the Speaker of the House of

Representatives, 2 of whom are appointed by the President of

the Senate, 2 of whom are appointed by the Minority Leader of

the House of Representatives, and 2 of whom are appointed by

the Minority Leader of the Senate.

For the purposes of this Section, "qualified veteran" means

an Illinois resident who: (i) was a member of the Armed Forces

of the United States, a member of the Illinois National Guard,

or a member of any reserve component of the Armed Forces of the

United States; (ii) served on active duty in connection with

Operation Desert Storm, Operation Enduring Freedom, or

Operation Iraqi Freedom; and (iii) was honorably discharged.

The Department of Central Management Services must report

to the Governor and to the General Assembly by December 31 of

each year on the activities undertaken by chief procurement

officers and the Department of Central Management Services to

encourage potential contractors to consider hiring qualified

veterans. The report must include the number of vendors who

have hired qualified veterans.

(Source: P.A. 98-1076, eff. 1-1-15; revised 9-9-16.)

Section 210. The Grant Accountability and Transparency Act

is amended by changing Section 75 as follows:

(30 ILCS 708/75)

(Section scheduled to be repealed on July 16, 2020)

Sec. 75. State program exceptions.

(a) With the exception of the audit requirements set forth

in 2 CFR 200.102, exceptions may be allowed for classes of

State or federal pass-through awards or non-federal entities

subject to the requirements of this Act when such exceptions

are not prohibited by State or federal law. However, in the

interest of maximum uniformity, exceptions from the

requirements of this Act shall be permitted only in unusual or

exceptional circumstances.

(b) The Governor's Office of Management and Budget, with

the advice and technical assistance of the Illinois Single

Audit Commission, shall adopt rules governing the criteria that

shall be used to determine when an exception may be issued. The

Governor's Office of Management and Budget shall publish any

allowed exceptions in the Catalog Catalogue of State Financial

Assistance within 30 days of the exception being allowed.

(Source: P.A. 98-706, eff. 7-16-14; revised 9-9-16.)

Section 215. The State Mandates Act is amended by changing

Sections 7 and 8.40 as follows:

(30 ILCS 805/7) (from Ch. 85, par. 2207)

Sec. 7. Review of existing mandates.

(a) Beginning with the 2019 catalog and every other year

thereafter, concurrently with, or within 3 months subsequent to

the publication of a catalog of State mandates as prescribed in

subsection (b) of Section 4, the Department shall submit to the

Governor and the General Assembly a review and report on

mandates enacted in the previous 2 years and remaining in

effect at the time of submittal of the report. The Department

may fulfill its responsibilities for compiling the report by

entering into a contract for service.

Beginning with the 2017 catalog and every 10 years

thereafter, concurrently with, or within 3 months subsequent to

the publication of a catalog of State mandates as prescribed in

subsection (b) of Section 4, the Department shall submit to the

Governor and the General Assembly a review and report on all

effective mandates at the time of submittal of the reports.

(b) The report shall include for each mandate the factual

information specified in subsection (b) of Section 4 for the

catalog. The report may also include the following: (1) extent

to which the enactment of the mandate was requested, supported,

encouraged or opposed by local governments or their respective

organization; (2) whether the mandate continues to meet a

Statewide policy objective or has achieved the initial policy

intent in whole or in part; (3) amendments if any are required

to make the mandate more effective; (4) whether the mandate

should be retained or rescinded; (5) whether State financial

participation in helping meet the identifiable increased local

costs arising from the mandate should be initiated, and if so,

recommended ratios and phasing-in schedules; and (6) any other

information or recommendations which the Department considers

pertinent; and (7) any comments about the mandate submitted by

affected units of government.

(c) The appropriate committee of each house of the General

Assembly shall review the report and shall initiate such

legislation or other action as it deems necessary.

The requirement for reporting to the General Assembly shall

be satisfied by filing copies of the report with the Speaker,

the Minority Leader and the Clerk of the House of

Representatives and the President, the Minority Leader, the

Secretary of the Senate, the members of the committees required

to review the report under subsection (c) and the Legislative

Research Unit, as required by Section 3.1 of the General

Assembly Organization Act "An Act to revise the law in relation

to the General Assembly", approved February 25, 1874, as

amended, and filing such additional copies with the State

Government Report Distribution Center for the General Assembly

as is required under paragraph (t) of Section 7 of the State

Library Act.

(Source: P.A. 99-789, eff. 8-12-16; revised 10-25-16.)

(30 ILCS 805/8.40)

Sec. 8.40. 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 99-683, 99-745, or 99-905

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 Section 40 of the State Police Act

and Section 10.19 of the Illinois Police Training Act.

(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;

99-745, eff. 8-5-16; 99-905, eff. 11-29-16; revised 12-7-16.)

Section 220. The Illinois Income Tax Act is amended by

changing Sections 304, 507GG, and 709.5 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 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. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756,

eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)

(35 ILCS 5/507GG)

Sec. 507GG. Diabetes Research Checkoff Fund checkoff. For

taxable years ending on or after December 31, 2005, the

Department must print on its standard individual income tax

form a provision indicating that if the taxpayer wishes to

contribute to the Diabetes Research Checkoff Fund, as

authorized by Public Act 94-107, 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 does not apply to any

amended return.

(Source: P.A. 94-107, eff. 7-1-05; 95-331, eff. 8-21-07;

revised 9-9-16.)

(35 ILCS 5/709.5)

Sec. 709.5. Withholding by partnerships, Subchapter S

corporations, and trusts.

(a) In general. For each taxable year ending on or after

December 31, 2008, every partnership (other than a publicly

traded partnership under Section 7704 of the Internal Revenue

Code or investment partnership), Subchapter S corporation, and

trust must withhold from each nonresident partner,

shareholder, or beneficiary (other than a partner,

shareholder, or beneficiary who is exempt from tax under

Section 501(a) of the Internal Revenue Code or under Section

205 of this Act, who is included on a composite return filed by

the partnership or Subchapter S corporation for the taxable

year under subsection (f) of Section 502 of this Act), or who

is a retired partner, to the extent that partner's

distributions are exempt from tax under Section 203(a)(2)(F) of

this Act) an amount equal to the sum of (i) the share of

business income of the partnership, Subchapter S corporation,

or trust apportionable to Illinois plus (ii) for taxable years

ending on or after December 31, 2014, the share of nonbusiness

income of the partnership, Subchapter S corporation, or trust

allocated to Illinois under Section 303 of this Act (other than

an amount allocated to the commercial domicile of the taxpayer

under Section 303 of this Act) that is distributable to that

partner, shareholder, or beneficiary under Sections 702 and 704

and Subchapter S of the Internal Revenue Code, whether or not

distributed, (iii) multiplied by the applicable rates of tax

for that partner, shareholder, or beneficiary under

subsections (a) through (d) of Section 201 of this Act, and

(iv) net of the share of any credit under Article 2 of this Act

that is distributable by the partnership, Subchapter S

corporation, or trust and allowable against the tax liability

of that partner, shareholder, or beneficiary for a taxable year

ending on or after December 31, 2014.

(b) Credit for taxes withheld. Any amount withheld under

subsection (a) of this Section and paid to the Department shall

be treated as a payment of the estimated tax liability or of

the liability for withholding under this Section of the

partner, shareholder, or beneficiary to whom the income is

distributable for the taxable year in which that person

incurred a liability under this Act with respect to that

income. The Department shall adopt rules pursuant to which a

partner, shareholder, or beneficiary may claim a credit against

its obligation for withholding under this Section for amounts

withheld under this Section with respect to income

distributable to it by a partnership, Subchapter S corporation,

or trust and allowing its partners, shareholders, or

beneficiaries to claim a credit under this subsection (b) for

those withheld amounts.

(c) Exemption from withholding.

(1) A partnership, Subchapter S corporation, or trust

shall not be required to withhold tax under subsection (a)

of this Section with respect to any nonresident partner,

shareholder, or beneficiary (other than an individual)

from whom the partnership, S corporation, or trust has

received a certificate, completed in the form and manner

prescribed by the Department, stating that such

nonresident partner, shareholder, or beneficiary shall:

(A) file all returns that the partner,

shareholder, or beneficiary is required to file under

Section 502 of this Act and make timely payment of all

taxes imposed under Section 201 of this Act or under

this Section on the partner, shareholder, or

beneficiary with respect to income of the partnership,

S corporation, or trust; and

(B) be subject to personal jurisdiction in this

State for purposes of the collection of income taxes,

together with related interest and penalties, imposed

on the partner, shareholder, or beneficiary with

respect to the income of the partnership, S

corporation, or trust.

(2) The Department may revoke the exemption provided by

this subsection (c) at any time that it determines that the

nonresident partner, shareholder, or beneficiary is not

abiding by the terms of the certificate. The Department

shall notify the partnership, S corporation, or trust that

it has revoked a certificate by notice left at the usual

place of business of the partnership, S corporation, or

trust or by mail to the last known address of the

partnership, S corporation, or trust.

(3) A partnership, S corporation, or trust that

receives a certificate under this subsection (c) properly

completed by a nonresident partner, shareholder, or

beneficiary shall not be required to withhold any amount

from that partner, shareholder, or beneficiary, the

payment of which would be due under Section 711(a-5) of

this Act after the receipt of the certificate and no

earlier than 60 days after the Department has notified the

partnership, S corporation, or trust that the certificate

has been revoked.

(4) Certificates received by a the partnership, S

corporation, or trust under this subsection (c) must be

retained by the partnership, S corporation, or trust and a

record of such certificates must be provided to the

Department, in a format in which the record is available

for review by the Department, upon request by the

Department. The Department may, by rule, require the record

of certificates to be maintained and provided to the

Department electronically.

(Source: P.A. 97-507, eff. 8-23-11; 98-478, eff. 1-1-14;

revised 9-9-16.)

Section 225. The Tobacco Products Tax Act of 1995 is

amended by changing Section 10-50 as follows:

(35 ILCS 143/10-50)

Sec. 10-50. Violations and penalties. When the amount due

is under $300, any distributor who fails to file a return,

willfully fails or refuses to make any payment to the

Department of the tax imposed by this Act, or files a

fraudulent return, or any officer or agent of a corporation

engaged in the business of distributing tobacco products to

retailers and consumers located in this State who signs a

fraudulent return filed on behalf of the corporation, or any

accountant or other agent who knowingly enters false

information on the return of any taxpayer under this Act is

guilty of a Class 4 felony.

Any person who violates any provision of Section Sections

10-20, 10-21, or 10-22 of this Act, fails to keep books and

records as required under this Act, or willfully violates a

rule or regulation of the Department for the administration and

enforcement of this Act is guilty of a Class 4 felony. A person

commits a separate offense on each day that he or she engages

in business in violation of Section Sections 10-20, 10-21, or

10-22 of this Act.

When the amount due is under $300, any person who accepts

money that is due to the Department under this Act from a

taxpayer for the purpose of acting as the taxpayer's agent to

make the payment to the Department, but who fails to remit the

payment to the Department when due, is guilty of a Class 4

felony.

Any person who violates any provision of Sections 10-20,

10-21 and 10-22 of this Act, fails to keep books and records as

required under this Act, or willfully violates a rule or

regulation of the Department for the administration and

enforcement of this Act is guilty of a business offense and may

be fined up to $5,000. A person commits a separate offense on

each day that he or she engages in business in violation of

Sections 10-20, 10-21 and 10-22 of this Act.

When the amount due is $300 or more, any distributor who

files, or causes to be filed, a fraudulent return, or any

officer or agent of a corporation engaged in the business of

distributing tobacco products to retailers and consumers

located in this State who files or causes to be filed or signs

or causes to be signed a fraudulent return filed on behalf of

the corporation, or any accountant or other agent who knowingly

enters false information on the return of any taxpayer under

this Act is guilty of a Class 3 felony.

When the amount due is $300 or more, any person engaged in

the business of distributing tobacco products to retailers and

consumers located in this State who fails to file a return,

willfully fails or refuses to make any payment to the

Department of the tax imposed by this Act, or accepts money

that is due to the Department under this Act from a taxpayer

for the purpose of acting as the taxpayer's agent to make

payment to the Department but fails to remit such payment to

the Department when due is guilty of a Class 3 felony.

When the amount due is under $300, any retailer who fails

to file a return, willfully fails or refuses to make any

payment to the Department of the tax imposed by this Act, or

files a fraudulent return, or any officer or agent of a

corporation engaged in the retail business of selling tobacco

products to purchasers of tobacco products for use and

consumption located in this State who signs a fraudulent return

filed on behalf of the corporation, or any accountant or other

agent who knowingly enters false information on the return of

any taxpayer under this Act is guilty of a Class A misdemeanor

for a first offense and a Class 4 felony for each subsequent

offense.

When the amount due is $300 or more, any retailer who fails

to file a return, willfully fails or refuses to make any

payment to the Department of the tax imposed by this Act, or

files a fraudulent return, or any officer or agent of a

corporation engaged in the retail business of selling tobacco

products to purchasers of tobacco products for use and

consumption located in this State who signs a fraudulent return

filed on behalf of the corporation, or any accountant or other

agent who knowingly enters false information on the return of

any taxpayer under this Act is guilty of a Class 4 felony.

Any person whose principal place of business is in this

State and who is charged with a violation under this Section

shall be tried in the county where his or her principal place

of business is located unless he or she asserts a right to be

tried in another venue. If the taxpayer does not have his or

her principal place of business in this State, however, the

hearing must be held in Sangamon County unless the taxpayer

asserts a right to be tried in another venue.

Any taxpayer or agent of a taxpayer who with the intent to

defraud purports to make a payment due to the Department by

issuing or delivering a check or other order upon a real or

fictitious depository for the payment of money, knowing that it

will not be paid by the depository, is guilty of a deceptive

practice in violation of Section 17-1 of the Criminal Code of

2012.

A prosecution for a violation described in this Section may

be commenced within 3 years after the commission of the act

constituting the violation.

(Source: P.A. 97-1150, eff. 1-25-13; 98-1055, eff. 1-1-16;

revised 9-12-16.)

Section 230. The Property Tax Code is amended by changing

Sections 11-25, 12-35, 15-176, 21-380, and 31-45 as follows:

(35 ILCS 200/11-25)

Sec. 11-25. Certification procedure. Application for a

pollution control facility certificate shall be filed with the

Pollution Control Board in a manner and form prescribed in

regulations issued by that board. The application shall contain

appropriate and available descriptive information concerning

anything claimed to be entitled in whole or in part to tax

treatment as a pollution control facility. If it is found that

the claimed facility or relevant portion thereof is a pollution

control facility as defined in Section 11-10, the Pollution

Control Board, acting through its Chairman or his or her

specifically authorized delegate, shall enter a finding and

issue a certificate to that effect. The certificate shall

require tax treatment as a pollution control facility, but only

for the portion certified if only a portion is certified. The

effective date of a certificate shall be the date of

application for the certificate or the date of the construction

of the facility, whichever which ever is later.

(Source: P.A. 76-2451; 88-455; revised 9-13-16.)

(35 ILCS 200/12-35)

Sec. 12-35. Notice sent to address of mortgage lender.

Whenever a notice is to be mailed as provided in Section

Sections 12-30, and the address that appears on the assessor's

records is the address of a mortgage lender, or in any event

whenever the notice is mailed by the township assessor or chief

county assessment officer to a taxpayer at or in care of the

address of a mortgage lender, the mortgage lender, within 15

days of the mortgage lender's receipt of the notice, shall mail

a copy of the notice to each mortgagor of the property referred

to in the notice at the last known address of each mortgagor as

shown on the records of the mortgage lender.

(Source: P.A. 86-415; 86-1481; 87-1189; 88-455; revised

9-12-16.)

(35 ILCS 200/15-176)

Sec. 15-176. Alternative general homestead exemption.

(a) For the assessment years as determined under subsection

(j), in any county that has elected, by an ordinance in

accordance with subsection (k), to be subject to the provisions

of this Section in lieu of the provisions of Section 15-175,

homestead property is entitled to an annual homestead exemption

equal to a reduction in the property's equalized assessed value

calculated as provided in this Section.

(b) As used in this Section:

(1) "Assessor" means the supervisor of assessments or

the chief county assessment officer of each county.

(2) "Adjusted homestead value" means the lesser of the

following values:

(A) The property's base homestead value increased

by 7% for each tax year after the base year through and

including the current tax year, or, if the property is

sold or ownership is otherwise transferred, the

property's base homestead value increased by 7% for

each tax year after the year of the sale or transfer

through and including the current tax year. The

increase by 7% each year is an increase by 7% over the

prior year.

(B) The property's equalized assessed value for

the current tax year minus: (i) $4,500 in Cook County

or $3,500 in all other counties in tax year 2003; (ii)

$5,000 in all counties in tax years 2004 and 2005; and

(iii) the lesser of the amount of the general homestead

exemption under Section 15-175 or an amount equal to

the increase in the equalized assessed value for the

current tax year above the equalized assessed value for

1977 in tax year 2006 and thereafter.

(3) "Base homestead value".

(A) Except as provided in subdivision (b)(3)(A-5)

or (b)(3)(B), "base homestead value" means the

equalized assessed value of the property for the base

year prior to exemptions, minus (i) $4,500 in Cook

County or $3,500 in all other counties in tax year

2003, (ii) $5,000 in all counties in tax years 2004 and

2005, or (iii) the lesser of the amount of the general

homestead exemption under Section 15-175 or an amount

equal to the increase in the equalized assessed value

for the current tax year above the equalized assessed

value for 1977 in tax year 2006 and thereafter,

provided that it was assessed for that year as

residential property qualified for any of the

homestead exemptions under Sections 15-170 through

15-175 of this Code, then in force, and further

provided that the property's assessment was not based

on a reduced assessed value resulting from a temporary

irregularity in the property for that year. Except as

provided in subdivision (b)(3)(B), if the property did

not have a residential equalized assessed value for the

base year, then "base homestead value" means the base

homestead value established by the assessor under

subsection (c).

(A-5) On or before September 1, 2007, in Cook

County, the base homestead value, as set forth under

subdivision (b)(3)(A) and except as provided under

subdivision (b) (3) (B), must be recalculated as the

equalized assessed value of the property for the base

year, prior to exemptions, minus:

(1) if the general assessment year for the

property was 2003, the lesser of (i) $4,500 or (ii)

the amount equal to the increase in equalized

assessed value for the 2002 tax year above the

equalized assessed value for 1977;

(2) if the general assessment year for the

property was 2004, the lesser of (i) $4,500 or (ii)

the amount equal to the increase in equalized

assessed value for the 2003 tax year above the

equalized assessed value for 1977;

(3) if the general assessment year for the

property was 2005, the lesser of (i) $5,000 or (ii)

the amount equal to the increase in equalized

assessed value for the 2004 tax year above the

equalized assessed value for 1977.

(B) If the property is sold or ownership is

otherwise transferred, other than sales or transfers

between spouses or between a parent and a child, "base

homestead value" means the equalized assessed value of

the property at the time of the sale or transfer prior

to exemptions, minus: (i) $4,500 in Cook County or

$3,500 in all other counties in tax year 2003; (ii)

$5,000 in all counties in tax years 2004 and 2005; and

(iii) the lesser of the amount of the general homestead

exemption under Section 15-175 or an amount equal to

the increase in the equalized assessed value for the

current tax year above the equalized assessed value for

1977 in tax year 2006 and thereafter, provided that it

was assessed as residential property qualified for any

of the homestead exemptions under Sections 15-170

through 15-175 of this Code, then in force, and further

provided that the property's assessment was not based

on a reduced assessed value resulting from a temporary

irregularity in the property.

(3.5) "Base year" means (i) tax year 2002 in Cook

County or (ii) tax year 2008 or 2009 in all other counties

in accordance with the designation made by the county as

provided in subsection (k).

(4) "Current tax year" means the tax year for which the

exemption under this Section is being applied.

(5) "Equalized assessed value" means the property's

assessed value as equalized by the Department.

(6) "Homestead" or "homestead property" means:

(A) Residential property that as of January 1 of

the tax year is occupied by its owner or owners as his,

her, or their principal dwelling place, or that is a

leasehold interest on which a single family residence

is situated, that is occupied as a residence by a

person who has a legal or equitable interest therein

evidenced by a written instrument, as an owner or as a

lessee, and on which the person is liable for the

payment of property taxes. Residential units in an

apartment building owned and operated as a

cooperative, or as a life care facility, which are

occupied by persons who hold a legal or equitable

interest in the cooperative apartment building or life

care facility as owners or lessees, and who are liable

by contract for the payment of property taxes, shall be

included within this definition of homestead property.

(B) A homestead includes the dwelling place,

appurtenant structures, and so much of the surrounding

land constituting the parcel on which the dwelling

place is situated as is used for residential purposes.

If the assessor has established a specific legal

description for a portion of property constituting the

homestead, then the homestead shall be limited to the

property within that description.

(7) "Life care facility" means a facility as defined in

Section 2 of the Life Care Facilities Act.

(c) If the property did not have a residential equalized

assessed value for the base year as provided in subdivision

(b)(3)(A) of this Section, then the assessor shall first

determine an initial value for the property by comparison with

assessed values for the base year of other properties having

physical and economic characteristics similar to those of the

subject property, so that the initial value is uniform in

relation to assessed values of those other properties for the

base year. The product of the initial value multiplied by the

equalized factor for the base year for homestead properties in

that county, less: (i) $4,500 in Cook County or $3,500 in all

other counties in tax year years 2003; (ii) $5,000 in all

counties in tax years year 2004 and 2005; and (iii) the lesser

of the amount of the general homestead exemption under Section

15-175 or an amount equal to the increase in the equalized

assessed value for the current tax year above the equalized

assessed value for 1977 in tax year 2006 and thereafter, is the

base homestead value.

For any tax year for which the assessor determines or

adjusts an initial value and hence a base homestead value under

this subsection (c), the initial value shall be subject to

review by the same procedures applicable to assessed values

established under this Code for that tax year.

(d) The base homestead value shall remain constant, except

that the assessor may revise it under the following

circumstances:

(1) If the equalized assessed value of a homestead

property for the current tax year is less than the previous

base homestead value for that property, then the current

equalized assessed value (provided it is not based on a

reduced assessed value resulting from a temporary

irregularity in the property) shall become the base

homestead value in subsequent tax years.

(2) For any year in which new buildings, structures, or

other improvements are constructed on the homestead

property that would increase its assessed value, the

assessor shall adjust the base homestead value as provided

in subsection (c) of this Section with due regard to the

value added by the new improvements.

(3) If the property is sold or ownership is otherwise

transferred, the base homestead value of the property shall

be adjusted as provided in subdivision (b)(3)(B). This item

(3) does not apply to sales or transfers between spouses or

between a parent and a child.

(4) the recalculation required in Cook County under

subdivision (b)(3)(A-5).

(e) The amount of the exemption under this Section is the

equalized assessed value of the homestead property for the

current tax year, minus the adjusted homestead value, with the

following exceptions:

(1) In Cook County, the exemption under this Section

shall not exceed $20,000 for any taxable year through tax

year:

(i) 2005, if the general assessment year for the

property is 2003;

(ii) 2006, if the general assessment year for the

property is 2004; or

(iii) 2007, if the general assessment year for the

property is 2005.

(1.1) Thereafter, in Cook County, and in all other

counties, the exemption is as follows:

(i) if the general assessment year for the property

is 2006, then the exemption may not exceed: $33,000 for

taxable year 2006; $26,000 for taxable year 2007;

$20,000 for taxable years 2008 and 2009; $16,000 for

taxable year 2010; and $12,000 for taxable year 2011;

(ii) if the general assessment year for the

property is 2007, then the exemption may not exceed:

$33,000 for taxable year 2007; $26,000 for taxable year

2008; $20,000 for taxable years 2009 and 2010; $16,000

for taxable year 2011; and $12,000 for taxable year

2012; and

(iii) if the general assessment year for the

property is 2008, then the exemption may not exceed:

$33,000 for taxable year 2008; $26,000 for taxable year

2009; $20,000 for taxable years 2010 and 2011; $16,000

for taxable year 2012; and $12,000 for taxable year

2013.

(1.5) In Cook County, for the 2006 taxable year only, the

maximum amount of the exemption set forth under subsection

(e)(1.1)(i) of this Section may be increased: (i) by $7,000 if

the equalized assessed value of the property in that taxable

year exceeds the equalized assessed value of that property in

2002 by 100% or more; or (ii) by $2,000 if the equalized

assessed value of the property in that taxable year exceeds the

equalized assessed value of that property in 2002 by more than

80% but less than 100%.

(2) In the case of homestead property that also

qualifies for the exemption under Section 15-172, the

property is entitled to the exemption under this Section,

limited to the amount of (i) $4,500 in Cook County or

$3,500 in all other counties in tax year 2003, (ii) $5,000

in all counties in tax years 2004 and 2005, or (iii) the

lesser of the amount of the general homestead exemption

under Section 15-175 or an amount equal to the increase in

the equalized assessed value for the current tax year above

the equalized assessed value for 1977 in tax year 2006 and

thereafter.

(f) In the case of an apartment building owned and operated

as a cooperative, or as a life care facility, that contains

residential units that qualify as homestead property under this

Section, the maximum cumulative exemption amount attributed to

the entire building or facility shall not exceed the sum of the

exemptions calculated for each qualified residential unit. The

cooperative association, management firm, or other person or

entity that manages or controls the cooperative apartment

building or life care facility shall credit the exemption

attributable to each residential unit only to the apportioned

tax liability of the owner or other person responsible for

payment of taxes as to that unit. Any person who willfully

refuses to so credit the exemption is guilty of a Class B

misdemeanor.

(g) When married persons maintain separate residences, the

exemption provided under this Section shall be claimed by only

one such person and for only one residence.

(h) In the event of a sale or other transfer in ownership

of the homestead property, the exemption under this Section

shall remain in effect for the remainder of the tax year and be

calculated using the same base homestead value in which the

sale or transfer occurs, but (other than for sales or transfers

between spouses or between a parent and a child) shall be

calculated for any subsequent tax year using the new base

homestead value as provided in subdivision (b)(3)(B). The

assessor may require the new owner of the property to apply for

the exemption in the following year.

(i) The assessor may determine whether property qualifies

as a homestead under this Section by application, visual

inspection, questionnaire, or other reasonable methods. Each

year, at the time the assessment books are certified to the

county clerk by the board of review, the assessor shall furnish

to the county clerk a list of the properties qualified for the

homestead exemption under this Section. The list shall note the

base homestead value of each property to be used in the

calculation of the exemption for the current tax year.

(j) In counties with 3,000,000 or more inhabitants, the

provisions of this Section apply as follows:

(1) If the general assessment year for the property is

2003, this Section applies for assessment years 2003

through 2011. Thereafter, the provisions of Section 15-175

apply.

(2) If the general assessment year for the property is

2004, this Section applies for assessment years 2004

through 2012. Thereafter, the provisions of Section 15-175

apply.

(3) If the general assessment year for the property is

2005, this Section applies for assessment years 2005

through 2013. Thereafter, the provisions of Section 15-175

apply.

In counties with less than 3,000,000 inhabitants, this

Section applies for assessment years (i) 2009, 2010, 2011, and

2012 if tax year 2008 is the designated base year or (ii) 2010,

2011, 2012, and 2013 if tax year 2009 is the designated base

year. Thereafter, the provisions of Section 15-175 apply.

(k) To be subject to the provisions of this Section in lieu

of Section 15-175, a county must adopt an ordinance to subject

itself to the provisions of this Section within 6 months after

August 2, 2010 (the effective date of Public Act 96-1418) this

amendatory Act of the 96th General Assembly. In a county other

than Cook County, the ordinance must designate either tax year

2008 or tax year 2009 as the base year.

(l) 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. 95-644, eff 10-12-07; 96-1418, eff. 8-2-10;

revised 9-13-16.)

(35 ILCS 200/21-380)

Sec. 21-380. Redemption under protest. Any person

redeeming under this Section at a time subsequent to the filing

of a petition under Section 22-30 or 21-445, who desires to

preserve his or her right to defend against the petition for a

tax deed, shall accompany the deposit for redemption with a

writing substantially in the following form:

Redemption Under Protest

Tax Deed Case No. ...........................................

Vol. No. ....................................................

Property Index No.

or Legal Description. ...................................

Original Amount of Tax $. ...................................

Amount Deposited for Redemption $. ..........................

Name of Petitioner. .........................................

Tax Year Included in Judgment. ..............................

Date of Sale. ...............................................

Expiration Date of the Period of Redemption. ................

To the county clerk of ........ County:

This redemption is made under protest for the following

reasons: (here set forth and specify the grounds relied upon

for the objection)

Name of party redeeming. ....................................

Address. ....................................................

Any grounds for the objection not specified at the time of

the redemption under protest shall not be considered by the

court. The specified grounds for the objections shall be

limited to those defenses as would provide sufficient basis to

deny entry of an order for issuance of a tax deed. Nothing in

this Section shall be construed to authorize or revive any

objection to the tax sale or underlying taxes which was

estopped by entry of the order for sale as set forth in Section

22-75.

The person protesting shall present to the county clerk 3

copies of the written protest signed by himself or herself. The

clerk shall write or stamp the date of receipt upon the copies

and sign them. He or she shall retain one of the copies,

another he or she shall deliver to the person making the

redemption, who shall file the copy with the clerk of the court

in which the tax deed petition is pending, and the third he or

she shall forward to the petitioner named therein.

The county clerk shall enter the redemption as provided in

Section 21-230 and shall note the redemption under protest. The

redemption money so deposited shall not be distributed to the

holder of the certificate of purchase but shall be retained by

the county clerk pending disposition of the petition filed

under Section 22-30.

Redemption under protest constitutes the appearance of the

person protesting in the proceedings under Sections Section

22-30 through 22-55 and that person shall present a defense to

the petition for tax deed at the time which the court directs.

Failure to appear and defend shall constitute a waiver of the

protest and the court shall order the redemption money

distributed to the holder of the certificate of purchase upon

surrender of that certificate and shall dismiss the

proceedings.

When the party redeeming appears and presents a defense,

the court shall hear and determine the matter. If the defense

is not sustained, the court shall order the protest stricken

and direct the county clerk to distribute the redemption money

upon surrender of the certificate of purchase and shall order

the party redeeming to pay the petitioner reasonable expenses,

actually incurred, including the cost of withheld redemption

money, together with a reasonable attorneys fee. Upon a finding

sustaining the protest in whole or in part, the court may

declare the sale to be a sale in error under Section 21-310 or

Section 22-45, and shall direct the county clerk to return all

or part of the redemption money or deposit to the party

redeeming.

(Source: P.A. 86-286; 86-413; 86-418; 86-949; 86-1028;

86-1158; 86-1481; 87-145; 87-236; 87-435; 87-895; 87-1189;

88-455; revised 9-14-16.)

(35 ILCS 200/31-45)

Sec. 31-45. Exemptions. The following deeds or trust

documents shall be exempt from the provisions of this Article

except as provided in this Section:

(a) Deeds representing real estate transfers made

before January 1, 1968, but recorded after that date and

trust documents executed before January 1, 1986, but

recorded after that date.

(b) Deeds to or trust documents relating to (1)

property acquired by any governmental body or from any

governmental body, (2) property or interests transferred

between governmental bodies, or (3) property acquired by or

from any corporation, society, association, foundation or

institution organized and operated exclusively for

charitable, religious or educational purposes. However,

deeds or trust documents, other than those in which the

Administrator of Veterans Veterans' Affairs of the United

States is the grantee pursuant to a foreclosure proceeding,

shall not be exempt from filing the declaration.

(c) Deeds or trust documents that secure debt or other

obligation.

(d) Deeds or trust documents that, without additional

consideration, confirm, correct, modify, or supplement a

deed or trust document previously recorded.

(e) Deeds or trust documents where the actual

consideration is less than $100.

(f) Tax deeds.

(g) Deeds or trust documents that release property that

is security for a debt or other obligation.

(h) Deeds of partition.

(i) Deeds or trust documents made pursuant to mergers,

consolidations or transfers or sales of substantially all

of the assets of corporations under plans of reorganization

under the Federal Internal Revenue Code or Title 11 of the

Federal Bankruptcy Act.

(j) Deeds or trust documents made by a subsidiary

corporation to its parent corporation for no consideration

other than the cancellation or surrender of the

subsidiary's stock.

(k) Deeds when there is an actual exchange of real

estate and trust documents when there is an actual exchange

of beneficial interests, except that that money difference

or money's worth paid from one to the other is not exempt

from the tax. These deeds or trust documents, however,

shall not be exempt from filing the declaration.

(l) Deeds issued to a holder of a mortgage, as defined

in Section 15-103 of the Code of Civil Procedure, pursuant

to a mortgage foreclosure proceeding or pursuant to a

transfer in lieu of foreclosure.

(m) A deed or trust document related to the purchase of

a principal residence by a participant in the program

authorized by the Home Ownership Made Easy Act, except that

those deeds and trust documents shall not be exempt from

filing the declaration.

(Source: P.A. 91-555, eff. 1-1-00; revised 9-14-16.)

Section 235. The Local Tax Collection Act is amended by

changing Section 1 as follows:

(35 ILCS 720/1) (from Ch. 120, par. 1901)

Sec. 1. (a) The Department of Revenue and any unit of local

government may agree to the Department's collecting, and

transmitting back to the unit of local government, any tax

lawfully imposed by that unit of local government, the subject

of which is similar to that of a tax imposed by the State and

collected by the Department of Revenue, unless the General

Assembly has specifically required a different method of

collection for such tax. However, the Department may not enter

into a contract with any unit of local government pursuant to

this Act for the collection of any tax based on the sale or use

of tangible personal property generally, not including taxes

based only on the sale or use of specifically limited kinds of

tangible personal property, unless the ordinance adopted by the

unit of local government imposes a sales or use tax which is

substantively identical to and which contains the same

exemptions as the taxes imposed by the unit of local

government's ordinances authorized by the Home Rule or Non-Home

Rule Municipal or County Retailers' Occupation Tax Act, the

Home Rule or Non-Home Rule Municipal or County Use Tax, or any

other Retailers' Occupation Tax Act or Law that is administered

by the Department of Revenue, as interpreted by the Department

through its regulations as those Acts and as those regulations

may from time to time be amended.

(b) Regarding the collection of a tax pursuant to this

Section, the Department and any person subject to a tax

collected by the Department pursuant to this Section shall, as

much as practicable, have the same rights, remedies,

privileges, immunities, powers and duties, and be subject to

the same conditions, restrictions, limitations, penalties,

definitions of terms and procedures, as those set forth in the

Act imposing the State tax, the subject of which is similar to

the tax being collected by the Department pursuant to this

Section. The Department and unit of local government shall

specifically agree in writing to such rights, remedies,

privileges, immunities, powers, duties, conditions,

restrictions, limitations, penalties, definitions of terms and

procedures, as well as any other terms deemed necessary or

advisable. All terms so agreed upon shall be incorporated into

an ordinance of such unit of local government, and the

Department shall not collect the tax pursuant to this Section

until such ordinance takes effect.

(c) (1) The Department shall forthwith pay over to the

State Treasurer, ex officio, as trustee, all taxes and

penalties collected hereunder. 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 units of local government from which retailers or other

taxpayers have paid taxes or penalties hereunder to the

Department during the second preceding calendar month.

(i) The amount to be paid to each unit of local government

shall equal the taxes and penalties collected by the Department

for the unit of local government pursuant to this Section

during the second preceding calendar month (not including

credit memoranda), plus an amount the Department determines is

necessary to offset any amounts which 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 of behalf of such county or

municipality and (ii) any amount which the Department

determines is necessary to offset any amounts which are payable

to a different taxing body but were erroneously paid to the

municipality or county, less 2% of the balance, or any greater

amount of the balance as provided in the agreement between the

Department and the unit of local government required under this

Section, which sum shall be retained by the State Treasurer.

(ii) With respect to the amount to be retained by the State

Treasurer pursuant to subparagraph (i), the Department, at the

time of each monthly disbursement to the units of local

government, shall prepare and certify to the Comptroller the

amount so retained by the State Treasurer, which shall be

transferred into the Tax Compliance and Administration Fund and

used by the Department, subject to appropriation, to cover the

costs incurred by the Department in collecting taxes and

penalties.

(2) Within 10 days after receiving the certifications

described in paragraph (1), the Comptroller shall issue orders

for payment of the amounts specified in subparagraph (i) of

paragraph (1).

(d) Any unit of local government which imposes a tax

collected by the Department pursuant to this Section must file

a certified copy of the ordinance imposing the tax with the

Department within 10 days after its passage. Beginning on June

30, 2016 (the effective date of Public Act 99-517) this

amendatory Act of the 99th General Assembly, an ordinance or

resolution imposing or discontinuing a tax collected by the

Department under this Section or effecting a change in the rate

thereof shall either (i) be adopted and a certified copy

thereof filed with the Department on or before the first day of

April, whereupon the Department shall proceed to administer and

enforce the tax imposition, discontinuance, or rate change as

of the first day of July next following the adoption and

filing; or (ii) be adopted and certified copy thereof filed

with the Department on or before the first day of October,

whereupon the Department shall proceed to administer and

enforce the tax imposition, discontinuance, or rate change as

of the first day of January next following the adoption and

filing.

(e) It is declared to be the law of this State, pursuant to

paragraph (g) of Section 6 of Article VII of the Illinois

Constitution, that Public Act 85-1215 this amendatory Act of

1988 is a denial of the power of a home rule unit to fail to

comply with the requirements of subsection paragraphs (d) and

(e) of this Section.

(Source: P.A. 99-517, eff. 6-30-16; revised 10-31-16.)

Section 240. The Illinois Pension Code is amended by

changing Sections 1-113, 1-113.4, 1-160, 4-106.1, 4-121,

8-107.2, 8-114, 9-121.6, 11-116, 11-125.5, 18-125, and 22A-111

as follows:

(40 ILCS 5/1-113) (from Ch. 108 1/2, par. 1-113)

Sec. 1-113. Investment authority of certain pension funds,

not including those established under Article 3 or 4. The

investment authority of a board of trustees of a retirement

system or pension fund established under this Code shall, if so

provided in the Article establishing such retirement system or

pension fund, embrace the following investments:

(1) Bonds, notes and other direct obligations of the

United States Government; bonds, notes and other

obligations of any United States Government agency or

instrumentality, whether or not guaranteed; and

obligations the principal and interest of which are

guaranteed unconditionally by the United States Government

or by an agency or instrumentality thereof.

(2) Obligations of the Inter-American Development

Bank, the International Bank for Reconstruction and

Development, the African Development Bank, the

International Finance Corporation, and the Asian

Development Bank.

(3) Obligations of any state, or of any political

subdivision in Illinois, or of any county or city in any

other state having a population as shown by the last

federal census of not less than 30,000 inhabitants provided

that such political subdivision is not permitted by law to

become indebted in excess of 10% of the assessed valuation

of property therein and has not defaulted for a period

longer than 30 days in the payment of interest and

principal on any of its general obligations or indebtedness

during a period of 10 calendar years immediately preceding

such investment.

(4) Nonconvertible bonds, debentures, notes and other

corporate obligations of any corporation created or

existing under the laws of the United States or any state,

district or territory thereof, provided there has been no

default on the obligations of the corporation or its

predecessor(s) during the 5 calendar years immediately

preceding the purchase. Up to 5% of the assets of a pension

fund established under Article 9 of this Code may be

invested in nonconvertible bonds, debentures, notes, and

other corporate obligations of corporations created or

existing under the laws of a foreign country, provided

there has been no default on the obligations of the

corporation or its predecessors during the 5 calendar years

immediately preceding the date of purchase.

(5) Obligations guaranteed by the Government of

Canada, or by any Province of Canada, or by any Canadian

city with a population of not less than 150,000

inhabitants, provided (a) they are payable in United States

currency and are exempt from any Canadian withholding tax;

(b) the investment in any one issue of bonds shall not

exceed 10% of the amount outstanding; and (c) the total

investments at book value in Canadian securities shall be

limited to 5% of the total investment account of the board

at book value.

(5.1) Direct obligations of the State of Israel for the

payment of money, or obligations for the payment of money

which are guaranteed as to the payment of principal and

interest by the State of Israel, or common or preferred

stock or notes issued by a bank owned or controlled in

whole or in part by the State of Israel, on the following

conditions:

(a) The total investments in such obligations

shall not exceed 5% of the book value of the aggregate

investments owned by the board;

(b) The State of Israel shall not be in default in

the payment of principal or interest on any of its

direct general obligations on the date of such

investment;

(c) The bonds, stock or notes, and interest thereon

shall be payable in currency of the United States;

(d) The bonds shall (1) contain an option for the

redemption thereof after 90 days from date of purchase

or (2) either become due 5 years from the date of their

purchase or be subject to redemption 120 days after the

date of notice for redemption;

(e) The investment in these obligations has been

approved in writing by investment counsel employed by

the board, which counsel shall be a national or state

bank or trust company authorized to do a trust business

in the State of Illinois, or an investment advisor

qualified under the federal Federal Investment

Advisers Advisors Act of 1940 and registered under the

Illinois Securities Law Act of 1953;

(f) The fund or system making the investment shall

have at least $5,000,000 of net present assets.

(6) Notes secured by mortgages under Sections 203, 207,

220 and 221 of the National Housing Act which are insured

by the Federal Housing Commissioner, or his successor

assigns, or debentures issued by such Commissioner, which

are guaranteed as to principal and interest by the Federal

Housing Administration, or agency of the United States

Government, provided the aggregate investment shall not

exceed 20% of the total investment account of the board at

book value, and provided further that the investment in

such notes under Sections 220 and 221 shall in no event

exceed one-half of the maximum investment in notes under

this paragraph.

(7) Loans to veterans guaranteed in whole or part by

the United States Government pursuant to Title III of the

Act of Congress known as the "Servicemen's Readjustment Act

of 1944," 58 Stat. 284, 38 U.S.C. 693, as amended or

supplemented from time to time, provided such guaranteed

loans are liens upon real estate.

(8) Common and preferred stocks and convertible debt

securities authorized for investment of trust funds under

the laws of the State of Illinois, provided:

(a) the common stocks, except as provided in

subparagraph (g), are listed on a national securities

exchange or board of trade, as defined in the federal

Securities Exchange Act of 1934, or quoted in the

National Association of Securities Dealers Automated

Quotation System (NASDAQ);

(b) the securities are of a corporation created or

existing under the laws of the United States or any

state, district or territory thereof, except that up to

5% of the assets of a pension fund established under

Article 9 of this Code may be invested in securities

issued by corporations created or existing under the

laws of a foreign country, if those securities are

otherwise in conformance with this paragraph (8);

(c) the corporation is not in arrears on payment of

dividends on its preferred stock;

(d) the total book value of all stocks and

convertible debt owned by any pension fund or

retirement system shall not exceed 40% of the aggregate

book value of all investments of such pension fund or

retirement system, except for a pension fund or

retirement system governed by Article 9 or 17, where

the total of all stocks and convertible debt shall not

exceed 50% of the aggregate book value of all fund

investments, and except for a pension fund or

retirement system governed by Article 13, where the

total market value of all stocks and convertible debt

shall not exceed 65% of the aggregate market value of

all fund investments;

(e) the book value of stock and convertible debt

investments in any one corporation shall not exceed 5%

of the total investment account at book value in which

such securities are held, determined as of the date of

the investment, and the investments in the stock of any

one corporation shall not exceed 5% of the total

outstanding stock of such corporation, and the

investments in the convertible debt of any one

corporation shall not exceed 5% of the total amount of

such debt that may be outstanding;

(f) the straight preferred stocks or convertible

preferred stocks and convertible debt securities are

issued or guaranteed by a corporation whose common

stock qualifies for investment by the board; and

(g) that any common stocks not listed or quoted as

provided in subdivision (8)(a) 8(a) above be limited to

the following types of institutions: (a) any bank which

is a member of the Federal Deposit Insurance

Corporation having capital funds represented by

capital stock, surplus and undivided profits of at

least $20,000,000; (b) any life insurance company

having capital funds represented by capital stock,

special surplus funds and unassigned surplus totalling

at least $50,000,000; and (c) any fire or casualty

insurance company, or a combination thereof, having

capital funds represented by capital stock, net

surplus and voluntary reserves of at least

$50,000,000.

(9) Withdrawable accounts of State chartered and

federal chartered savings and loan associations insured by

the Federal Savings and Loan Insurance Corporation;

deposits or certificates of deposit in State and national

banks insured by the Federal Deposit Insurance

Corporation; and share accounts or share certificate

accounts in a State or federal credit union, the accounts

of which are insured as required by the Illinois Credit

Union Act or the Federal Credit Union Act, as applicable.

No bank or savings and loan association shall receive

investment funds as permitted by this subsection (9),

unless it has complied with the requirements established

pursuant to Section 6 of the Public Funds Investment Act.

(10) Trading, purchase or sale of listed options on

underlying securities owned by the board.

(11) Contracts and agreements supplemental thereto

providing for investments in the general account of a life

insurance company authorized to do business in Illinois.

(12) Conventional mortgage pass-through securities

which are evidenced by interests in Illinois

owner-occupied residential mortgages, having not less than

an "A" rating from at least one national securities rating

service. Such mortgages may have loan-to-value ratios up to

95%, provided that any amount over 80% is insured by

private mortgage insurance. The pool of such mortgages

shall be insured by mortgage guaranty or equivalent

insurance, in accordance with industry standards.

(13) Pooled or commingled funds managed by a national

or State bank which is authorized to do a trust business in

the State of Illinois, shares of registered investment

companies as defined in the federal Investment Company Act

of 1940 which are registered under that Act, and separate

accounts of a life insurance company authorized to do

business in Illinois, where such pooled or commingled

funds, shares, or separate accounts are comprised of common

or preferred stocks, bonds, or money market instruments.

(14) Pooled or commingled funds managed by a national

or state bank which is authorized to do a trust business in

the State of Illinois, separate accounts managed by a life

insurance company authorized to do business in Illinois,

and commingled group trusts managed by an investment

adviser registered under the federal Investment Advisers

Advisors Act of 1940 (15 U.S.C. 80b-1 et seq.) and under

the Illinois Securities Law of 1953, where such pooled or

commingled funds, separate accounts or commingled group

trusts are comprised of real estate or loans upon real

estate secured by first or second mortgages. The total

investment in such pooled or commingled funds, commingled

group trusts and separate accounts shall not exceed 10% of

the aggregate book value of all investments owned by the

fund.

(15) Investment companies which (a) are registered as

such under the Investment Company Act of 1940, (b) are

diversified, open-end management investment companies and

(c) invest only in money market instruments.

(16) Up to 10% of the assets of the fund may be

invested in investments not included in paragraphs (1)

through (15) of this Section, provided that such

investments comply with the requirements and restrictions

set forth in Sections 1-109, 1-109.1, 1-109.2, 1-110, and

1-111 of this Code.

The board shall have the authority to enter into such

agreements and to execute such documents as it determines to be

necessary to complete any investment transaction.

Any limitations herein set forth shall be applicable only

at the time of purchase and shall not require the liquidation

of any investment at any time.

All investments shall be clearly held and accounted for to

indicate ownership by such board. Such board may direct the

registration of securities in its own name or in the name of a

nominee created for the express purpose of registration of

securities by a national or state bank or trust company

authorized to conduct a trust business in the State of

Illinois.

Investments shall be carried at cost or at a value

determined in accordance with generally accepted accounting

principles and accounting procedures approved by such board.

(Source: P.A. 92-53, eff. 7-12-01; revised 9-2-16.)

(40 ILCS 5/1-113.4)

Sec. 1-113.4. List of additional permitted investments for

pension funds with net assets of $5,000,000 or more.

(a) In addition to the items in Sections 1-113.2 and

1-113.3, a pension fund established under Article 3 or 4 that

has net assets of at least $5,000,000 and has appointed an

investment adviser under Section 1-113.5 may, through that

investment adviser, invest a portion of its assets in common

and preferred stocks authorized for investments of trust funds

under the laws of the State of Illinois. The stocks must meet

all of the following requirements:

(1) The common stocks are listed on a national

securities exchange or board of trade (as defined in the

federal Securities Exchange Act of 1934 and set forth in

subdivision G of Section 3 Section 3.G of the Illinois

Securities Law of 1953) or quoted in the National

Association of Securities Dealers Automated Quotation

System National Market System (NASDAQ NMS).

(2) The securities are of a corporation created or

existing under the laws of the United States or any state,

district, or territory thereof and the corporation has been

in existence for at least 5 years.

(3) The corporation has not been in arrears on payment

of dividends on its preferred stock during the preceding 5

years.

(4) The market value of stock in any one corporation

does not exceed 5% of the cash and invested assets of the

pension fund, and the investments in the stock of any one

corporation do not exceed 5% of the total outstanding stock

of that corporation.

(5) The straight preferred stocks or convertible

preferred stocks are issued or guaranteed by a corporation

whose common stock qualifies for investment by the board.

(6) The issuer of the stocks has been subject to the

requirements of Section 12 of the federal Securities

Exchange Act of 1934 and has been current with the filing

requirements of Sections 13 and 14 of that Act during the

preceding 3 years.

(b) A pension fund's total investment in the items

authorized under this Section and Section 1-113.3 shall not

exceed 35% of the market value of the pension fund's net

present assets stated in its most recent annual report on file

with the Illinois Department of Insurance.

(c) A pension fund that invests funds under this Section

shall electronically file with the Division any reports of its

investment activities that the Division may require, at the

times and in the format required by the Division.

(Source: P.A. 90-507, eff. 8-22-97; revised 10-25-16.)

(40 ILCS 5/1-160)

(Text of Section WITH the changes made by P.A. 98-641,

which has been held unconstitutional)

Sec. 1-160. Provisions applicable to new hires.

(a) The provisions of this Section apply to a person who,

on or after January 1, 2011, first becomes a member or a

participant under any reciprocal retirement system or pension

fund established under this Code, other than a retirement

system or pension fund established under Article 2, 3, 4, 5, 6,

15 or 18 of this Code, notwithstanding any other provision of

this Code to the contrary, but do not apply to any self-managed

plan established under this Code, to any person with respect to

service as a sheriff's law enforcement employee under Article

7, or to any participant of the retirement plan established

under Section 22-101. Notwithstanding anything to the contrary

in this Section, for purposes of this Section, a person who

participated in a retirement system under Article 15 prior to

January 1, 2011 shall be deemed a person who first became a

member or participant prior to January 1, 2011 under any

retirement system or pension fund subject to this Section. The

changes made to this Section by Public Act 98-596 are a

clarification of existing law and are intended to be

retroactive to the effective date of Public Act 96-889,

notwithstanding the provisions of Section 1-103.1 of this Code.

(b) "Final average salary" means the average monthly (or

annual) salary obtained by dividing the total salary or

earnings calculated under the Article applicable to the member

or participant during the 96 consecutive months (or 8

consecutive years) of service within the last 120 months (or 10

years) of service in which the total salary or earnings

calculated under the applicable Article was the highest by the

number of months (or years) of service in that period. For the

purposes of a person who first becomes a member or participant

of any retirement system or pension fund to which this Section

applies on or after January 1, 2011, in this Code, "final

average salary" shall be substituted for the following:

(1) In Article 7 (except for service as sheriff's law

enforcement employees), "final rate of earnings".

(2) In Articles 8, 9, 10, 11, and 12, "highest average

annual salary for any 4 consecutive years within the last

10 years of service immediately preceding the date of

withdrawal".

(3) In Article 13, "average final salary".

(4) In Article 14, "final average compensation".

(5) In Article 17, "average salary".

(6) In Section 22-207, "wages or salary received by him

at the date of retirement or discharge".

(b-5) Beginning on January 1, 2011, for all purposes under

this Code (including without limitation the calculation of

benefits and employee contributions), the annual earnings,

salary, or wages (based on the plan year) of a member or

participant to whom this Section applies shall not exceed

$106,800; however, that amount shall annually thereafter be

increased by the lesser of (i) 3% of that amount, including all

previous adjustments, or (ii) one-half the annual unadjusted

percentage increase (but not less than zero) in the consumer

price index-u for the 12 months ending with the September

preceding each November 1, including all previous adjustments.

For the purposes of this Section, "consumer price index-u"

means the index published by the Bureau of Labor Statistics of

the United States Department of Labor that measures the average

change in prices of goods and services purchased by all urban

consumers, United States city average, all items, 1982-84 =

100. The new amount resulting from each annual adjustment shall

be determined by the Public Pension Division of the Department

of Insurance and made available to the boards of the retirement

systems and pension funds by November 1 of each year.

(c) A member or participant is entitled to a retirement

annuity upon written application if he or she has attained age

67 (beginning January 1, 2015, age 65 with respect to service

under Article 8, 11, or 12 of this Code that is subject to this

Section) and has at least 10 years of service credit and is

otherwise eligible under the requirements of the applicable

Article.

A member or participant who has attained age 62 (beginning

January 1, 2015, age 60 with respect to service under Article

8, 11, or 12 of this Code that is subject to this Section) and

has at least 10 years of service credit and is otherwise

eligible under the requirements of the applicable Article may

elect to receive the lower retirement annuity provided in

subsection (d) of this Section.

(d) The retirement annuity of a member or participant who

is retiring after attaining age 62 (beginning January 1, 2015,

age 60 with respect to service under Article 8, 11, or 12 of

this Code that is subject to this Section) with at least 10

years of service credit shall be reduced by one-half of 1% for

each full month that the member's age is under age 67

(beginning January 1, 2015, age 65 with respect to service

under Article 8, 11, or 12 of this Code that is subject to this

Section).

(e) Any retirement annuity or supplemental annuity shall be

subject to annual increases on the January 1 occurring either

on or after the attainment of age 67 (beginning January 1,

2015, age 65 with respect to service under Article 8, 11, or 12

of this Code that is subject to this Section) or the first

anniversary (the second anniversary with respect to service

under Article 8 or 11) of the annuity start date, whichever is

later. Each annual increase shall be calculated at 3% or

one-half the annual unadjusted percentage increase (but not

less than zero) in the consumer price index-u for the 12 months

ending with the September preceding each November 1, whichever

is less, of the originally granted retirement annuity. If the

annual unadjusted percentage change in the consumer price

index-u for the 12 months ending with the September preceding

each November 1 is zero or there is a decrease, then the

annuity shall not be increased.

Notwithstanding any provision of this Section to the

contrary, with respect to service under Article 8 or 11 of this

Code that is subject to this Section, no annual increase under

this subsection shall be paid or accrue to any person in year

2025. In all other years, the Fund shall continue to pay annual

increases as provided in this Section.

Notwithstanding Section 1-103.1 of this Code, the changes

in this amendatory Act of the 98th General Assembly are

applicable without regard to whether the employee was in active

service on or after the effective date of this amendatory Act

of the 98th General Assembly.

(f) The initial survivor's or widow's annuity of an

otherwise eligible survivor or widow of a retired member or

participant who first became a member or participant on or

after January 1, 2011 shall be in the amount of 66 2/3% of the

retired member's or participant's retirement annuity at the

date of death. In the case of the death of a member or

participant who has not retired and who first became a member

or participant on or after January 1, 2011, eligibility for a

survivor's or widow's annuity shall be determined by the

applicable Article of this Code. The initial benefit shall be

66 2/3% of the earned annuity without a reduction due to age. A

child's annuity of an otherwise eligible child shall be in the

amount prescribed under each Article if applicable. Any

survivor's or widow's annuity shall be increased (1) on each

January 1 occurring on or after the commencement of the annuity

if the deceased member died while receiving a retirement

annuity or (2) in other cases, on each January 1 occurring

after the first anniversary of the commencement of the annuity.

Each annual increase shall be calculated at 3% or one-half the

annual unadjusted percentage increase (but not less than zero)

in the consumer price index-u for the 12 months ending with the

September preceding each November 1, whichever is less, of the

originally granted survivor's annuity. If the annual

unadjusted percentage change in the consumer price index-u for

the 12 months ending with the September preceding each November

1 is zero or there is a decrease, then the annuity shall not be

increased.

(g) The benefits in Section 14-110 apply only if the person

is a State policeman, a fire fighter in the fire protection

service of a department, or a security employee of the

Department of Corrections or the Department of Juvenile

Justice, as those terms are defined in subsection (b) of

Section 14-110. A person who meets the requirements of this

Section is entitled to an annuity calculated under the

provisions of Section 14-110, in lieu of the regular or minimum

retirement annuity, only if the person has withdrawn from

service with not less than 20 years of eligible creditable

service and has attained age 60, regardless of whether the

attainment of age 60 occurs while the person is still in

service.

(h) If a person who first becomes a member or a participant

of a retirement system or pension fund subject to this Section

on or after January 1, 2011 is receiving a retirement annuity

or retirement pension under that system or fund and becomes a

member or participant under any other system or fund created by

this Code and is employed on a full-time basis, except for

those members or participants exempted from the provisions of

this Section under subsection (a) of this Section, then the

person's retirement annuity or retirement pension under that

system or fund shall be suspended during that employment. Upon

termination of that employment, the person's retirement

annuity or retirement pension payments shall resume and be

recalculated if recalculation is provided for under the

applicable Article of this Code.

If a person who first becomes a member of a retirement

system or pension fund subject to this Section on or after

January 1, 2012 and is receiving a retirement annuity or

retirement pension under that system or fund and accepts on a

contractual basis a position to provide services to a

governmental entity from which he or she has retired, then that

person's annuity or retirement pension earned as an active

employee of the employer shall be suspended during that

contractual service. A person receiving an annuity or

retirement pension under this Code shall notify the pension

fund or retirement system from which he or she is receiving an

annuity or retirement pension, as well as his or her

contractual employer, of his or her retirement status before

accepting contractual employment. A person who fails to submit

such notification shall be guilty of a Class A misdemeanor and

required to pay a fine of $1,000. Upon termination of that

contractual employment, the person's retirement annuity or

retirement pension payments shall resume and, if appropriate,

be recalculated under the applicable provisions of this Code.

(i) (Blank).

(j) In the case of a conflict between the provisions of

this Section and any other provision of this Code, the

provisions of this Section shall control.

(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,

eff. 11-19-13; 98-622, eff. 6-1-14; 98-641, eff. 6-9-14.)

(Text of Section WITHOUT the changes made by P.A. 98-641,

which has been held unconstitutional)

Sec. 1-160. Provisions applicable to new hires.

(a) The provisions of this Section apply to a person who,

on or after January 1, 2011, first becomes a member or a

participant under any reciprocal retirement system or pension

fund established under this Code, other than a retirement

system or pension fund established under Article 2, 3, 4, 5, 6,

15 or 18 of this Code, notwithstanding any other provision of

this Code to the contrary, but do not apply to any self-managed

plan established under this Code, to any person with respect to

service as a sheriff's law enforcement employee under Article

7, or to any participant of the retirement plan established

under Section 22-101. Notwithstanding anything to the contrary

in this Section, for purposes of this Section, a person who

participated in a retirement system under Article 15 prior to

January 1, 2011 shall be deemed a person who first became a

member or participant prior to January 1, 2011 under any

retirement system or pension fund subject to this Section. The

changes made to this Section by Public Act 98-596 this

amendatory Act of the 98th General Assembly are a clarification

of existing law and are intended to be retroactive to January

1, 2011 (the effective date of Public Act 96-889),

notwithstanding the provisions of Section 1-103.1 of this Code.

(b) "Final average salary" means the average monthly (or

annual) salary obtained by dividing the total salary or

earnings calculated under the Article applicable to the member

or participant during the 96 consecutive months (or 8

consecutive years) of service within the last 120 months (or 10

years) of service in which the total salary or earnings

calculated under the applicable Article was the highest by the

number of months (or years) of service in that period. For the

purposes of a person who first becomes a member or participant

of any retirement system or pension fund to which this Section

applies on or after January 1, 2011, in this Code, "final

average salary" shall be substituted for the following:

(1) In Article 7 (except for service as sheriff's law

enforcement employees), "final rate of earnings".

(2) In Articles 8, 9, 10, 11, and 12, "highest average

annual salary for any 4 consecutive years within the last

10 years of service immediately preceding the date of

withdrawal".

(3) In Article 13, "average final salary".

(4) In Article 14, "final average compensation".

(5) In Article 17, "average salary".

(6) In Section 22-207, "wages or salary received by him

at the date of retirement or discharge".

(b-5) Beginning on January 1, 2011, for all purposes under

this Code (including without limitation the calculation of

benefits and employee contributions), the annual earnings,

salary, or wages (based on the plan year) of a member or

participant to whom this Section applies shall not exceed

$106,800; however, that amount shall annually thereafter be

increased by the lesser of (i) 3% of that amount, including all

previous adjustments, or (ii) one-half the annual unadjusted

percentage increase (but not less than zero) in the consumer

price index-u for the 12 months ending with the September

preceding each November 1, including all previous adjustments.

For the purposes of this Section, "consumer price index-u"

means the index published by the Bureau of Labor Statistics of

the United States Department of Labor that measures the average

change in prices of goods and services purchased by all urban

consumers, United States city average, all items, 1982-84 =

100. The new amount resulting from each annual adjustment shall

be determined by the Public Pension Division of the Department

of Insurance and made available to the boards of the retirement

systems and pension funds by November 1 of each year.

(c) A member or participant is entitled to a retirement

annuity upon written application if he or she has attained age

67 (beginning January 1, 2015, age 65 with respect to service

under Article 12 of this Code that is subject to this Section)

and has at least 10 years of service credit and is otherwise

eligible under the requirements of the applicable Article.

A member or participant who has attained age 62 (beginning

January 1, 2015, age 60 with respect to service under Article

12 of this Code that is subject to this Section) and has at

least 10 years of service credit and is otherwise eligible

under the requirements of the applicable Article may elect to

receive the lower retirement annuity provided in subsection (d)

of this Section.

(d) The retirement annuity of a member or participant who

is retiring after attaining age 62 (beginning January 1, 2015,

age 60 with respect to service under Article 12 of this Code

that is subject to this Section) with at least 10 years of

service credit shall be reduced by one-half of 1% for each full

month that the member's age is under age 67 (beginning January

1, 2015, age 65 with respect to service under Article 12 of

this Code that is subject to this Section).

(e) Any retirement annuity or supplemental annuity shall be

subject to annual increases on the January 1 occurring either

on or after the attainment of age 67 (beginning January 1,

2015, age 65 with respect to service under Article 12 of this

Code that is subject to this Section) or the first anniversary

of the annuity start date, whichever is later. Each annual

increase shall be calculated at 3% or one-half the annual

unadjusted percentage increase (but not less than zero) in the

consumer price index-u for the 12 months ending with the

September preceding each November 1, whichever is less, of the

originally granted retirement annuity. If the annual

unadjusted percentage change in the consumer price index-u for

the 12 months ending with the September preceding each November

1 is zero or there is a decrease, then the annuity shall not be

increased.

(f) The initial survivor's or widow's annuity of an

otherwise eligible survivor or widow of a retired member or

participant who first became a member or participant on or

after January 1, 2011 shall be in the amount of 66 2/3% of the

retired member's or participant's retirement annuity at the

date of death. In the case of the death of a member or

participant who has not retired and who first became a member

or participant on or after January 1, 2011, eligibility for a

survivor's or widow's annuity shall be determined by the

applicable Article of this Code. The initial benefit shall be

66 2/3% of the earned annuity without a reduction due to age. A

child's annuity of an otherwise eligible child shall be in the

amount prescribed under each Article if applicable. Any

survivor's or widow's annuity shall be increased (1) on each

January 1 occurring on or after the commencement of the annuity

if the deceased member died while receiving a retirement

annuity or (2) in other cases, on each January 1 occurring

after the first anniversary of the commencement of the annuity.

Each annual increase shall be calculated at 3% or one-half the

annual unadjusted percentage increase (but not less than zero)

in the consumer price index-u for the 12 months ending with the

September preceding each November 1, whichever is less, of the

originally granted survivor's annuity. If the annual

unadjusted percentage change in the consumer price index-u for

the 12 months ending with the September preceding each November

1 is zero or there is a decrease, then the annuity shall not be

increased.

(g) The benefits in Section 14-110 apply only if the person

is a State policeman, a fire fighter in the fire protection

service of a department, or a security employee of the

Department of Corrections or the Department of Juvenile

Justice, as those terms are defined in subsection (b) of

Section 14-110. A person who meets the requirements of this

Section is entitled to an annuity calculated under the

provisions of Section 14-110, in lieu of the regular or minimum

retirement annuity, only if the person has withdrawn from

service with not less than 20 years of eligible creditable

service and has attained age 60, regardless of whether the

attainment of age 60 occurs while the person is still in

service.

(h) If a person who first becomes a member or a participant

of a retirement system or pension fund subject to this Section

on or after January 1, 2011 is receiving a retirement annuity

or retirement pension under that system or fund and becomes a

member or participant under any other system or fund created by

this Code and is employed on a full-time basis, except for

those members or participants exempted from the provisions of

this Section under subsection (a) of this Section, then the

person's retirement annuity or retirement pension under that

system or fund shall be suspended during that employment. Upon

termination of that employment, the person's retirement

annuity or retirement pension payments shall resume and be

recalculated if recalculation is provided for under the

applicable Article of this Code.

If a person who first becomes a member of a retirement

system or pension fund subject to this Section on or after

January 1, 2012 and is receiving a retirement annuity or

retirement pension under that system or fund and accepts on a

contractual basis a position to provide services to a

governmental entity from which he or she has retired, then that

person's annuity or retirement pension earned as an active

employee of the employer shall be suspended during that

contractual service. A person receiving an annuity or

retirement pension under this Code shall notify the pension

fund or retirement system from which he or she is receiving an

annuity or retirement pension, as well as his or her

contractual employer, of his or her retirement status before

accepting contractual employment. A person who fails to submit

such notification shall be guilty of a Class A misdemeanor and

required to pay a fine of $1,000. Upon termination of that

contractual employment, the person's retirement annuity or

retirement pension payments shall resume and, if appropriate,

be recalculated under the applicable provisions of this Code.

(i) (Blank).

(j) In the case of a conflict between the provisions of

this Section and any other provision of this Code, the

provisions of this Section shall control.

(Source: P.A. 97-609, eff. 1-1-12; 98-92, eff. 7-16-13; 98-596,

eff. 11-19-13; 98-622, eff. 6-1-14; revised 3-24-16.)

(40 ILCS 5/4-106.1) (from Ch. 108 1/2, par. 4-106.1)

Sec. 4-106.1. Discontinuation of fire protection district;

annexation to fire protection district; dissolution and

reestablishment of inactive firefighters' pension funds.

(a) Whenever a fire protection district which has

established a pension fund under this Article is discontinued

under the Fire Protection District Act "An Act in Relation to

Fire Protection Districts", and the municipality assuming the

obligations of the district is required to and has established

a Firefighters' Pension Fund under this Article, the assets of

the fund established by the district shall be transferred to

the "Board of Trustees of the Firefighters' Firefighters

Pension Fund" of the municipality. The Firefighters'

Firefighter's Pension Fund of the municipality shall assume all

accrued liabilities of the district's pension fund, and all

accrued rights, benefits and future expectancies of the

members, retired employees and beneficiaries of the district's

fund shall remain unimpaired.

(b) If a municipal fire department for which a pension fund

has been established under this Article is discontinued and the

affected territory is annexed by a fire protection district,

and the fire protection district is required to and has

established a firefighters' pension fund under this Article,

then the assets of the firefighters' pension fund established

by the municipality shall be transferred to the board of

trustees of the pension fund of the fire protection district.

The firefighters' pension fund of the fire protection district

shall assume all liabilities of the municipality's

firefighters' pension fund, and all of the accrued rights,

benefits, and future expectancies of the members, retired

employees, and beneficiaries of the municipality's

firefighters' pension fund shall remain unimpaired.

(c) The corporate authorities of a municipality for which a

pension fund has been established under this Article may, by

resolution or ordinance, dissolve the fund if an independent

auditor has certified to the authorities that the fund has no

liabilities, participants, or beneficiaries entitled to

benefits, and the authorities shall reestablish the fund if a

firefighter of the municipality seeks to establish service

credit in the fund or if reestablishment of the fund is

required upon a former firefighter's reinstatement of

creditable service under subsection (g) of Section 4-109.3 of

this Code.

The Public Pension Division of the Department of Insurance

shall adopt rules regarding the process and procedures for (i)

dissolving a pension fund under this Section and (ii)

redistributing assets and reestablishing the fund if

reestablishment of the fund is necessary.

(Source: P.A. 97-99, eff. 1-1-12; revised 9-2-16.)

(40 ILCS 5/4-121) (from Ch. 108 1/2, par. 4-121)

Sec. 4-121. Board created. There is created in each

municipality or fire protection district a board of trustees to

be known as the "Board of Trustees of the Firefighters' Pension

Fund". The membership of the board for each municipality shall

be, respectively, as follows: in cities, the treasurer, clerk,

marshal, or chief officer of the fire department, and the

comptroller if there is one, or if not, the mayor; in each

township, village or incorporated town, the president of the

municipality's board of trustees, the village or town clerk,

village or town attorney, village or town treasurer, and the

chief officer of the fire department; and in each fire

protection district, the president and other 2 members of its

board of trustees and the marshal or chief of its fire

department or service, as the case may be; and in all the

municipalities above designated 3 additional persons chosen

from their active firefighters and one other person who has

retired under the "Firemen's Pension Fund Act of 1919", or this

Article. Notwithstanding any provision of this Section to the

contrary, the term of office of each member of a board

established on or before the 3rd Monday in April, 2006 shall

terminate on the 3rd Monday in April, 2006, but all incumbent

members shall continue to exercise all of the powers and be

subject to all of the duties of a member of the board until all

the new members of the board take office.

Beginning on the 3rd Monday in April, 2006, the board for

each municipality or fire protection district shall consist of

5 members. Two members of the board shall be appointed by the

mayor or president of the board of trustees of the municipality

or fire protection district involved. Two members of the board

shall be active participants of the pension fund who are

elected from the active participants of the fund. One member of

the board shall be a person who is retired under the Firemen's

Pension Fund Act of 1919 or this Article who is elected from

persons retired under the Firemen's Pension Fund Act of 1919 or

this Article.

For the purposes of this Section, a firefighter receiving a

disability pension shall be considered a retired firefighter.

In the event that there are no retired firefighters under the

Fund or if none is willing to serve on the board, then an

additional active firefighter shall be elected to the board in

lieu of the retired firefighter that would otherwise be

elected.

If the regularly constituted fire department of a

municipality is dissolved and Section 4-106.1 is not

applicable, the board shall continue to exist and administer

the Fund so long as there continues to be any annuitant or

deferred pensioner in the Fund. In such cases, elections shall

continue to be held as specified in this Section, except that:

(1) deferred pensioners shall be deemed to be active members

for the purposes of such elections; (2) any otherwise

unfillable positions on the board, including ex officio

positions, shall be filled by election from the remaining

firefighters and deferred pensioners of the Fund, to the extent

possible; and (3) if the membership of the board falls below 3

persons, the Illinois Director of Insurance or his designee

shall be deemed a member of the board, ex officio.

The members chosen from the active and retired firefighters

shall be elected by ballot at elections to be held on the 3rd

Monday in April of the applicable years under the Australian

ballot system, at such place or places, in the municipality,

and under such regulations as shall be prescribed by the board.

No person shall cast more than one vote for each candidate

for whom he or she is eligible to vote. In the elections for

board members to be chosen from the active firefighters, all

active firefighters and no others may vote. In the elections

for board members to be chosen from retired firefighters, the

retired firefighters and no others may vote.

Each member of the board so elected shall hold office for a

term of 3 years and until his or her successor has been duly

elected and qualified.

The board shall canvass the ballots and declare which

persons have been elected and for what term or terms

respectively. In case of a tie vote between 2 or more

candidates, the board shall determine by lot which candidate or

candidates have been elected and for what term or terms

respectively. In the event of the failure, resignation, or

inability to act of any board member, a successor shall be

elected for the unexpired term at a special election called by

the board and conducted in the same manner as a regular

election.

The board shall elect annually from its members a president

and secretary.

Board members shall not receive or have any right to

receive any salary from a pension fund for services performed

as board members.

(Source: P.A. 96-1000, eff. 7-2-10; revised 9-20-16.)

(40 ILCS 5/8-107.2) (from Ch. 108 1/2, par. 8-107.2)

Sec. 8-107.2. House of Correction Employees' Pension Act.

"House of Correction Employees' Pension Act": "An Act to

provide for the setting apart, formation and disbursement of a

house of correction employees pension fund in cities having a

population exceeding 150,000 inhabitants", approved June 10,

1911, as amended, and as continued in, or superseded by the

"Illinois Pension Code", approved March 18, 1963, under Article

19, Division 1, Sections Secs. 19-101 to 19-119, both

inclusive, as amended.

(Source: P.A. 81-1509; revised 9-2-16.)

(40 ILCS 5/8-114) (from Ch. 108 1/2, par. 8-114)

Sec. 8-114. Present employee. "Present employee":

(a) Any employee of an employer, or the board, on the day

before the effective date.

(b) Any person who becomes an employee of the Board of

Education on the day before the effective date and who on June

30, 1923, was a contributor to any municipal pension fund in

operation in the city on that date under the Public School

Employees' Pension Act of 1903. Any such employee shall be

considered a municipal employee during the entire time he has

been in the service of the employer.

(c) Any person who becomes an employee of the municipal

court or law department or Board of Election Commissioners on

the day before the effective date, and who on December 31,

1959, was a participant in either of the funds in operation in

the city on December 31, 1959, created under the Court and Law

Department Employees' Annuity Act or the Board of Election

Commissioners Employees' Annuity Act. Any such employee shall

be considered a municipal employee during the entire time he

has been in the service of the municipal court or law

department or Board of Election Commissioners.

(d) Any person who becomes an a employee of the Public

Library on the day before the effective date, and who on

December 31, 1965 was a contributor and participant in the fund

created under the Public Library Employes' Pension Act, in

operation in the city on December 31, 1965. Any such employee

shall be considered a municipal employee during the entire time

he has been in the service of the Public Library.

(Source: P.A. 91-357, eff. 7-29-99; revised 9-2-16.)

(40 ILCS 5/9-121.6) (from Ch. 108 1/2, par. 9-121.6)

Sec. 9-121.6. Alternative annuity for county officers.

(a) Any county officer elected by vote of the people may

elect to establish alternative credits for an alternative

annuity by electing in writing to make additional optional

contributions in accordance with this Section and procedures

established by the board. Such elected county officer may

discontinue making the additional optional contributions by

notifying the Fund in writing in accordance with this Section

and procedures established by the board.

Additional optional contributions for the alternative

annuity shall be as follows:

(1) For service after the option is elected, an

additional contribution of 3% of salary shall be

contributed to the Fund on the same basis and under the

same conditions as contributions required under Sections

9-170 and 9-176.

(2) For service before the option is elected, an

additional contribution of 3% of the salary for the

applicable period of service, plus interest at the

effective rate from the date of service to the date of

payment. All payments for past service must be paid in full

before credit is given. No additional optional

contributions may be made for any period of service for

which credit has been previously forfeited by acceptance of

a refund, unless the refund is repaid in full with interest

at the effective rate from the date of refund to the date

of repayment.

(b) In lieu of the retirement annuity otherwise payable

under this Article, any county officer elected by vote of the

people who (1) has elected to participate in the Fund and make

additional optional contributions in accordance with this

Section, and (2) has attained age 60 with at least 10 years of

service credit, or has attained age 65 with at least 8 years of

service credit, may elect to have his retirement annuity

computed as follows: 3% of the participant's salary at the time

of termination of service for each of the first 8 years of

service credit, plus 4% of such salary for each of the next 4

years of service credit, plus 5% of such salary for each year

of service credit in excess of 12 years, subject to a maximum

of 80% of such salary. To the extent such elected county

officer has made additional optional contributions with

respect to only a portion of his years of service credit, his

retirement annuity will first be determined in accordance with

this Section to the extent such additional optional

contributions were made, and then in accordance with the

remaining Sections of this Article to the extent of years of

service credit with respect to which additional optional

contributions were not made.

(c) In lieu of the disability benefits otherwise payable

under this Article, any county officer elected by vote of the

people who (1) has elected to participate in the Fund, and (2)

has become permanently disabled and as a consequence is unable

to perform the duties of his office, and (3) was making

optional contributions in accordance with this Section at the

time the disability was incurred, may elect to receive a

disability annuity calculated in accordance with the formula in

subsection (b). For the purposes of this subsection, such

elected county officer shall be considered permanently

disabled only if: (i) disability occurs while in service as an

elected county officer and is of such a nature as to prevent

him from reasonably performing the duties of his office at the

time; and (ii) the board has received a written certification

by at least 2 licensed physicians appointed by it stating that

such officer is disabled and that the disability is likely to

be permanent.

(d) Refunds of additional optional contributions shall be

made on the same basis and under the same conditions as

provided under Sections Section 9-164, 9-166, and 9-167.

Interest shall be credited at the effective rate on the same

basis and under the same conditions as for other contributions.

Optional contributions under this Section shall be included in

the amount of employee contributions used to compute the tax

levy under Section 9-169.

(e) The effective date of this plan of optional alternative

benefits and contributions shall be January 1, 1988, or the

date upon which approval is received from the U.S. Internal

Revenue Service, whichever is later. The plan of optional

alternative benefits and contributions shall not be available

to any former county officer or employee receiving an annuity

from the Fund on the effective date of the plan, unless he

re-enters service as an elected county officer and renders at

least 3 years of additional service after the date of re-entry.

(f) Any elected county officer who was entitled to receive

a stipend from the State on or after July 1, 2009 and on or

before June 30, 2010 may establish earnings credit for the

amount of stipend not received, if the elected county official

applies in writing to the fund within 6 months after July 2,

2010 (the effective date of Public Act 96-961) this amendatory

Act of the 96th General Assembly and pays to the fund an amount

equal to (i) employee contributions on the amount of stipend

not received, (ii) employer contributions determined by the

Board equal to the employer's normal cost of the benefit on the

amount of stipend not received, plus (iii) interest on items

(i) and (ii) at the actuarially assumed rate.

(g) The plan of optional alternative benefits and

contributions authorized under this Section applies only to

county officers elected by vote of the people on or before

January 1, 2008 (the effective date of Public Act 95-654).

(Source: P.A. 95-369, eff. 8-23-07; 95-654, eff. 1-1-08;

95-876, eff. 8-21-08; 96-961, eff. 7-2-10; revised 9-2-16.)

(40 ILCS 5/11-116) (from Ch. 108 1/2, par. 11-116)

Sec. 11-116. Salary. "Salary": Annual salary of an employee

as follows:

(a) Beginning on the effective date and prior to July 1,

1947, $3,000 shall be the maximum amount of annual salary of

any employee to be considered for the purposes of this Article;

and beginning on July 1, 1947 and prior to July 1, 1953 said

maximum amount shall be $4,800; and beginning on July 1, 1953

and prior to July 8, 1957, said maximum amount shall be $6,000;

and beginning on July 8, 1957, if appropriated, fixed or

arranged on an annual basis, the actual sum payable during the

year if the employee worked the full normal working time in his

position, at the rate of compensation, exclusive of overtime

and final vacation, appropriated or fixed as salary or wages

for service in the position;

(b) If appropriated, fixed or arranged on other than an

annual basis, beginning July 8, 1957, the applicable schedules

specified in Section 11-217 shall be used for conversion of the

salary to an annual basis;

(c) Beginning July 1, 1951, if the city provides lodging

for an employee without charge, his salary shall be considered

to be $120 a year more than the amount payable as salary for

the year. The salary of an employee for whom daily meals are

provided by the city shall be considered to be $120 a year more

for each such daily meal than the amount payable as his salary

for the year; .

(d) Beginning September 1, 1981, the salary of a person who

was or is an employee of a Board of Education on or after that

date shall include the amount of employee contributions, if

any, picked up by the employer for that employee under Section

11-170.1.

(Source: P.A. 85-964; revised 9-2-16.)

(40 ILCS 5/11-125.5) (from Ch. 108 1/2, par. 11-125.5)

Sec. 11-125.5. Transfer of creditable service to Article 8,

9, or 13 Fund.

(a) Any city officer as defined in Section 8-243.2 of this

Code, any county officer elected by vote of the people (and

until March 1, 1993 any other person in accordance with Section

9-121.11) who is a participant in the pension fund established

under Article 9 of this Code, and any elected sanitary district

commissioner who is a participant in a pension fund established

under Article 13 of this Code, may apply for transfer of his

credits and creditable service accumulated under this Fund to

such Article 8, 9, or 13 fund. Such creditable service shall be

transferred forthwith. Payments by this Fund to the Article 8,

9, or 13 fund shall be made at the same time and shall consist

of:

(1) the amounts accumulated to the credit of the

applicant, including interest, on the books of the Fund on

the date of transfer, but excluding any additional or

optional credits, which credits shall be refunded to the

applicant; and

(2) municipality credits computed and credited under

this Article, including interest, on the books of the Fund

on the date the applicant terminated service under the

Fund.

Participation in this Fund as to any credits transferred

under this Section shall terminate on the date of transfer.

(b) Any such elected city officer, county officer, or

sanitary district commissioner who has credits and creditable

service under the Fund may establish additional credits and

creditable service for periods during which he could have

elected to participate participant but did not so elect.

Credits and creditable service may be established by payment to

the Fund of an amount equal to the contributions he would have

made if he had elected to participate, plus interest to the

date of payment.

(c) Any such elected city officer, county officer, or

sanitary district commissioner may reinstate credits and

creditable service terminated upon receipt of a separation

benefit, by payment to the Fund of the amount of the separation

benefit plus interest thereon to the date of payment.

(Source: P.A. 86-1488; 87-1265; revised 9-9-16.)

(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)

Sec. 18-125. Retirement annuity amount.

(a) The annual retirement annuity for a participant who

terminated service as a judge prior to July 1, 1971 shall be

based on the law in effect at the time of termination of

service.

(b) Except as provided in subsection (b-5), effective July

1, 1971, the retirement annuity for any participant in service

on or after such date shall be 3 1/2% of final average salary,

as defined in this Section, for each of the first 10 years of

service, and 5% of such final average salary for each year of

service in on excess of 10.

For purposes of this Section, final average salary for a

participant who first serves as a judge before August 10, 2009

(the effective date of Public Act 96-207) shall be:

(1) the average salary for the last 4 years of credited

service as a judge for a participant who terminates service

before July 1, 1975.

(2) for a participant who terminates service after June

30, 1975 and before July 1, 1982, the salary on the last

day of employment as a judge.

(3) for any participant who terminates service after

June 30, 1982 and before January 1, 1990, the average

salary for the final year of service as a judge.

(4) for a participant who terminates service on or

after January 1, 1990 but before July 14, 1995 (the

effective date of Public Act 89-136) this amendatory Act of

1995, the salary on the last day of employment as a judge.

(5) for a participant who terminates service on or

after July 14, 1995 (the effective date of Public Act

89-136) this amendatory Act of 1995, the salary on the last

day of employment as a judge, or the highest salary

received by the participant for employment as a judge in a

position held by the participant for at least 4 consecutive

years, whichever is greater.

However, in the case of a participant who elects to

discontinue contributions as provided in subdivision (a)(2) of

Section 18-133, the time of such election shall be considered

the last day of employment in the determination of final

average salary under this subsection.

For a participant who first serves as a judge on or after

August 10, 2009 (the effective date of Public Act 96-207) and

before January 1, 2011 (the effective date of Public Act

96-889), final average salary shall be the average monthly

salary obtained by dividing the total salary of the participant

during the period of: (1) the 48 consecutive months of service

within the last 120 months of service in which the total

compensation was the highest, or (2) the total period of

service, if less than 48 months, by the number of months of

service in that period.

The maximum retirement annuity for any participant shall be

85% of final average salary.

(b-5) Notwithstanding any other provision of this Article,

for a participant who first serves as a judge on or after

January 1, 2011 (the effective date of Public Act 96-889), the

annual retirement annuity is 3% of the participant's final

average salary for each year of service. The maximum retirement

annuity payable shall be 60% of the participant's final average

salary.

For a participant who first serves as a judge on or after

January 1, 2011 (the effective date of Public Act 96-889),

final average salary shall be the average monthly salary

obtained by dividing the total salary of the judge during the

96 consecutive months of service within the last 120 months of

service in which the total salary was the highest by the number

of months of service in that period; however, beginning January

1, 2011, the annual salary may not exceed $106,800, except that

that amount shall annually thereafter be increased by the

lesser of (i) 3% of that amount, including all previous

adjustments, or (ii) the annual unadjusted percentage increase

(but not less than zero) in the consumer price index-u for the

12 months ending with the September preceding each November 1.

"Consumer price index-u" means the index published by the

Bureau of Labor Statistics of the United States Department of

Labor that measures the average change in prices of goods and

services purchased by all urban consumers, United States city

average, all items, 1982-84 = 100. The new amount resulting

from each annual adjustment shall be determined by the Public

Pension Division of the Department of Insurance and made

available to the Board by November 1st of each year.

(c) The retirement annuity for a participant who retires

prior to age 60 with less than 28 years of service in the

System shall be reduced 1/2 of 1% for each month that the

participant's age is under 60 years at the time the annuity

commences. However, for a participant who retires on or after

December 10, 1999 (the effective date of Public Act 91-653)

this amendatory Act of the 91st General Assembly, the

percentage reduction in retirement annuity imposed under this

subsection shall be reduced by 5/12 of 1% for every month of

service in this System in excess of 20 years, and therefore a

participant with at least 26 years of service in this System

may retire at age 55 without any reduction in annuity.

The reduction in retirement annuity imposed by this

subsection shall not apply in the case of retirement on account

of disability.

(d) Notwithstanding any other provision of this Article,

for a participant who first serves as a judge on or after

January 1, 2011 (the effective date of Public Act 96-889) and

who is retiring after attaining age 62, the retirement annuity

shall be reduced by 1/2 of 1% for each month that the

participant's age is under age 67 at the time the annuity

commences.

(Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11;

96-1000, eff. 7-2-10; 96-1490, eff. 1-1-11; revised 9-9-16.)

(40 ILCS 5/22A-111) (from Ch. 108 1/2, par. 22A-111)

Sec. 22A-111. The Board shall manage the investments of any

pension fund, retirement system, or education fund for the

purpose of obtaining a total return on investments for the long

term. It also shall perform such other functions as may be

assigned or directed by the General Assembly.

The authority of the board to manage pension fund

investments and the liability shall begin when there has been a

physical transfer of the pension fund investments to the board

and placed in the custody of the board's custodian.

The authority of the board to manage monies from the

education fund for investment and the liability of the board

shall begin when there has been a physical transfer of

education fund investments to the board and placed in the

custody of the board's custodian.

The board may not delegate its management functions, but it

may, but is not required to, arrange to compensate for

personalized investment advisory service for any or all

investments under its control with any national or state bank

or trust company authorized to do a trust business and

domiciled in Illinois, other financial institution organized

under the laws of Illinois, or an investment advisor who is

qualified under the Federal Investment Advisers Advisors Act of

1940 and is registered under the Illinois Securities Law of

1953. Nothing contained herein shall prevent the Board from

subscribing to general investment research services available

for purchase or use by others. The Board shall also have the

authority to compensate for accounting services.

This Section shall not be construed to prohibit the

Illinois State Board of Investment from directly investing

pension assets in public market investments, private

investments, real estate investments, or other investments

authorized by this Code.

(Source: P.A. 99-708, eff. 7-29-16; revised 10-27-16.)

Section 245. The Public Building Commission Act is amended

by changing Section 20.5 as follows:

(50 ILCS 20/20.5)

(Section scheduled to be repealed on June 1, 2018)

Sec. 20.5. Procedures for design-build selection.

(a) The Commission must use a two-phase procedure for the

selection of the successful design-build entity. Phase I of the

procedure will evaluate and shortlist the design-build

entities based on qualifications, and Phase II will evaluate

the technical and cost proposals.

(b) The Commission shall include in the request for

proposal the evaluating factors to be used in Phase I. These

factors are in addition to any prequalification requirements of

design-build entities that the Commission has set forth. Each

request for proposal shall establish the relative importance

assigned to each evaluation factor and subfactor, including any

weighting of criteria to be employed by the Commission. The

Commission must maintain a record of the evaluation scoring to

be disclosed in event of a protest regarding the solicitation.

The Commission shall include the following criteria in

every Phase I evaluation of design-build entities: (1)

experience of personnel; (2) successful experience with

similar project types; (3) financial capability; (4)

timeliness of past performance; (5) experience with similarly

sized projects; (6) successful reference checks of the firm;

(7) commitment to assign personnel for the duration of the

project and qualifications of the entity's consultants; and (8)

ability or past performance in meeting or exhausting good faith

efforts to meet the utilization goals for minority and women

business enterprises established by the corporate authorities

of the Commission and in complying with Section 2-105 of the

Illinois Human Rights Act. The Commission may include any

additional relevant criteria in Phase I that it deems necessary

for a proper qualification review. The Commission may include

any additional relevant criteria in Phase I that it deems

necessary for a proper qualification review.

The Commission may not consider any design-build entity for

evaluation or award if the entity has any pecuniary interest in

the project or has other relationships or circumstances,

including but not limited to, long-term leasehold, mutual

performance, or development contracts with the Commission,

that may give the design-build entity a financial or tangible

advantage over other design-build entities in the preparation,

evaluation, or performance of the design-build contract or that

create the appearance of impropriety. No design-build proposal

shall be considered that does not include an entity's plan to

comply with the requirements established in the minority and

women business enterprises and economically disadvantaged

firms established by the corporate authorities of the

Commission and with Section 2-105 of the Illinois Human Rights

Act.

Upon completion of the qualifications evaluation, the

Commission shall create a shortlist of the most highly

qualified design-build entities. The Commission, in its

discretion, is not required to shortlist the maximum number of

entities as identified for Phase II evaluation, provided

however, no less than 2 design-build entities nor more than 6

are selected to submit Phase II proposals.

The Commission shall notify the entities selected for the

shortlist in writing. This notification shall commence the

period for the preparation of the Phase II technical and cost

evaluations. The Commission must allow sufficient time for the

shortlist entities to prepare their Phase II submittals

considering the scope and detail requested by the Commission.

(c) The Commission shall include in the request for

proposal the evaluating factors to be used in the technical and

cost submission components of Phase II. Each request for

proposal shall establish, for both the technical and cost

submission components of Phase II, the relative importance

assigned to each evaluation factor and subfactor, including any

weighting of criteria to be employed by the Commission. The

Commission must maintain a record of the evaluation scoring to

be disclosed in event of a protest regarding the solicitation.

The Commission shall include the following criteria in

every Phase II technical evaluation of design-build entities:

(1) compliance with objectives of the project; (2) compliance

of proposed services to the request for proposal requirements;

(3) quality of products or materials proposed; (4) quality of

design parameters; (5) design concepts; (6) innovation in

meeting the scope and performance criteria; and (7)

constructability of the proposed project. The Commission may

include any additional relevant technical evaluation factors

it deems necessary for proper selection.

The Commission shall include the following criteria in

every Phase II cost evaluation: the guaranteed maximum project

cost and the time of completion. The Commission may include any

additional relevant technical evaluation factors it deems

necessary for proper selection. The guaranteed maximum project

cost criteria weighing factor shall not exceed 30%.

The Commission shall directly employ or retain a licensed

design professional to evaluate the technical and cost

submissions to determine if the technical submissions are in

accordance with generally accepted industry standards.

Upon completion of the technical submissions and cost

submissions evaluation, the Commission may award the

design-build contract to the highest overall ranked entity.

(d) This Section is repealed on June 1, 2018; provided that

any design-build contracts entered into before such date or any

procurement of a project under this Act commenced before such

date, and the contracts resulting from those procurements,

shall remain effective.

(Source: P.A. 98-299, eff. 8-9-13; reenacted by P.A. 98-619,

eff. 1-7-14; revised 9-20-16.)

Section 250. The Public Officer Prohibited Activities Act

is amended by changing Section 3 as follows:

(50 ILCS 105/3) (from Ch. 102, par. 3)

Sec. 3. Prohibited interest in contracts.

(a) No person holding any office, either by election or

appointment under the laws or Constitution of this State, may

be in any manner financially interested directly in his own

name or indirectly in the name of any other person,

association, trust, or corporation, in any contract or the

performance of any work in the making or letting of which such

officer may be called upon to act or vote. No such officer may

represent, either as agent or otherwise, any person,

association, trust, or corporation, with respect to any

application or bid for any contract or work in regard to which

such officer may be called upon to vote. Nor may any such

officer take or receive, or offer to take or receive, either

directly or indirectly, any money or other thing of value as a

gift or bribe or means of influencing his vote or action in his

official character. Any contract made and procured in violation

hereof is void. This Section shall not apply to any person

serving on an advisory panel or commission, to any director

serving on a hospital district board as provided under

subsection (a-5) of Section 13 of the Hospital District Law, or

to any person serving as both a contractual employee and as a

member of a public hospital board as provided under Article 11

of the Illinois Municipal Code in a municipality with a

population between 13,000 and 16,000 that is located in a

county with a population between 50,000 and 70,000.

(b) However, any elected or appointed member of the

governing body may provide materials, merchandise, property,

services, or labor, subject to the following provisions under

either paragraph (1) or (2):

(1) If:

A. the contract is with a person, firm,

partnership, association, corporation, or cooperative

association in which such interested member of the

governing body of the municipality has less than a 7

1/2% share in the ownership; and

B. such interested member publicly discloses the

nature and extent of his interest prior to or during

deliberations concerning the proposed award of the

contract; and

C. such interested member abstains from voting on

the award of the contract, though he shall be

considered present for the purposes of establishing a

quorum; and

D. such contract is approved by a majority vote of

those members presently holding office; and

E. the contract is awarded after sealed bids to the

lowest responsible bidder if the amount of the contract

exceeds $1500, or awarded without bidding if the amount

of the contract is less than $1500; and

F. the award of the contract would not cause the

aggregate amount of all such contracts so awarded to

the same person, firm, association, partnership,

corporation, or cooperative association in the same

fiscal year to exceed $25,000.

(2) If:

A. the award of the contract is approved by a

majority vote of the governing body of the municipality

provided that any such interested member shall abstain

from voting; and

B. the amount of the contract does not exceed

$2,000; and

C. the award of the contract would not cause the

aggregate amount of all such contracts so awarded to

the same person, firm, association, partnership,

corporation, or cooperative association in the same

fiscal year to exceed $4,000; and

D. such interested member publicly discloses the

nature and extent of his interest prior to or during

deliberations concerning the proposed award of the

contract; and

E. such interested member abstains from voting on

the award of the contract, though he shall be

considered present for the purposes of establishing a

quorum.

(b-5) In addition to the above exemptions, any elected or

appointed member of the governing body may provide materials,

merchandise, property, services, or labor if:

A. the contract is with a person, firm, partnership,

association, corporation, or cooperative association in

which the interested member of the governing body of the

municipality, advisory panel, or commission has less than a

1% share in the ownership; and

B. the award of the contract is approved by a majority

vote of the governing body of the municipality provided

that any such interested member shall abstain from voting;

and

C. such interested member publicly discloses the

nature and extent of his interest before or during

deliberations concerning the proposed award of the

contract; and

D. such interested member abstains from voting on the

award of the contract, though he shall be considered

present for the purposes of establishing a quorum.

(c) A contract for the procurement of public utility

services by a public entity with a public utility company is

not barred by this Section by one or more members of the

governing body of the public entity being an officer or

employee of the public utility company or holding an ownership

interest of no more than 7 1/2% in the public utility company,

or holding an ownership interest of any size if the public

entity is a municipality with a population of less than 7,500

and the public utility's rates are approved by the Illinois

Commerce Commission. An elected or appointed member of the

governing body of the public entity having such an interest

shall be deemed not to have a prohibited interest under this

Section.

(d) Notwithstanding any other provision of this Section or

any other law to the contrary, until January 1, 1994, a member

of the city council of a municipality with a population under

20,000 may purchase real estate from the municipality, at a

price of not less than 100% of the value of the real estate as

determined by a written MAI certified appraisal or by a written

certified appraisal of a State certified or licensed real

estate appraiser, if the purchase is approved by a unanimous

vote of the city council members then holding office (except

for the member desiring to purchase the real estate, who shall

not vote on the question).

(e) For the purposes of this Section only, a municipal

officer shall not be deemed interested if the officer is an

employee of a company or owns or holds an interest of 1% or

less in the municipal officer's individual name in a company,

or both, that company is involved in the transaction of

business with the municipality, and that company's stock is

traded on a nationally recognized securities market, provided

the interested member: (i) publicly discloses the fact that he

or she is an employee or holds an interest of 1% or less in a

company before deliberation of the proposed award of the

contract; (ii) refrains from evaluating, recommending,

approving, deliberating, or otherwise participating in

negotiation, approval, or both, of the contract, work, or

business; (iii) abstains from voting on the award of the

contract though he or she shall be considered present for

purposes of establishing a quorum; and (iv) the contract is

approved by a majority vote of those members currently holding

office.

A municipal officer shall not be deemed interested if the

officer owns or holds an interest of 1% or less, not in the

officer's individual name but through a mutual fund or

exchange-traded fund, in a company, that company is involved in

the transaction of business with the municipality, and that

company's stock is traded on a nationally recognized securities

market.

(f) Under either of the following circumstances, a

municipal or county officer may hold a position on the board of

a not-for-profit corporation that is interested in a contract,

work, or business of the municipality or county:

(1) If the municipal or county officer is appointed by

the governing body of the municipality or county to

represent the interests of the municipality or county on a

not-for-profit corporation's board, then the municipal or

county officer may actively vote on matters involving

either that board or the municipality or county, at any

time, so long as the membership on the not-for-profit board

is not a paid position, except that the municipal or county

officer may be reimbursed by the not-for-profit

non-for-profit board for expenses incurred as the result of

membership on the not-for-profit non-for-profit board.

(2) If the municipal or county officer is not appointed

to the governing body of a not-for-profit corporation by

the governing body of the municipality or county, then the

municipal or county officer may continue to serve; however,

the municipal or county officer shall abstain from voting

on any proposition before the municipal or county governing

body directly involving the not-for-profit corporation

and, for those matters, shall not be counted as present for

the purposes of a quorum of the municipal or county

governing body.

(Source: P.A. 97-520, eff. 8-23-11; 98-1083, eff. 1-1-15;

revised 9-22-16.)

Section 255. The Local Government Travel Expense Control

Act is amended by changing Sections 10 and 15 as follows:

(50 ILCS 150/10)

Sec. 10. Regulation of travel expenses. All local public

agencies shall, by resolution or ordinance, regulate the

reimbursement of all travel, meal, and lodging expenses of

officers and employees, including, but not limited to: (1) the

types of official business for which travel, meal, and lodging

expenses are allowed; (2) maximum allowable reimbursement for

travel, meal, and lodging expenses; and (3) a standardized form

for submission of travel, meal, and lodging expenses supported

by the minimum documentation required under Section 20 of this

Act. The regulations may allow for approval of expenses that

exceed the maximum allowable travel, meal, or lodging expenses

because of emergency or other extraordinary circumstances. On

and after 180 days after January 1, 2017 (the effective date of

this Act) of the 99th General Assembly, no travel, meal, or

lodging expense shall be approved or paid by a local public

agency unless regulations have been adopted under this Section.

(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)

(50 ILCS 150/15)

Sec. 15. Approval of expenses. On or after 60 days after

January 1, 2017 (the effective date of this Act) of the 99th

General Assembly, expenses for travel, meals, and lodging of:

(1) any officer or employee that exceeds the maximum allowed

under the regulations adopted under Section 10 of this Act; or

(2) any member of the governing board or corporate authorities

of the local public agency, may only be approved by roll call

vote at an open meeting of the governing board or corporate

authorities of the local public agency.

(Source: P.A. 99-604, eff. 1-1-17; revised 10-31-16.)

Section 260. The Local Records Act is amended by changing

Section 6 as follows:

(50 ILCS 205/6) (from Ch. 116, par. 43.106)

Sec. 6. For those agencies comprising counties of 3,000,000

or more inhabitants or located in or coterminous co-terminous

with any such county or a majority of whose inhabitants reside

in any such county, this Act shall be administered by a Local

Records Commission consisting of the president of the county

board of the county wherein the records are kept, the mayor of

the most populous city in such county, the State's attorney of

such county, the County comptroller, the State archivist, and

the State historian. The president of the county board shall be

the chairman of the Commission.

For all other agencies, this Act shall be administered by a

Local Records Commission consisting of a chairman of a county

board, who shall be chairman of the Commission, a mayor or

president of a city, village or incorporated town, a county

auditor, and a State's attorney, all of whom shall be appointed

by the Governor, the State archivist, and the State historian.

A member of either Commission may designate a substitute.

Either Commission may employ such technical, professional

and clerical assistants as are necessary.

Either Commission shall meet upon call of its chairman.

(Source: Laws 1961, p. 3503; revised 9-20-16.)

Section 265. The Illinois Police Training Act is amended by

setting forth, renumbering, and changing multiple versions of

Section 10.19 as follows:

(50 ILCS 705/10.19)

Sec. 10.19. Training; administration of epinephrine.

(a) This Section, along with Section 40 of the State Police

Act, may be referred to as the Annie LeGere Law.

(b) For purposes of this Section, "epinephrine

auto-injector" means a single-use device used for the automatic

injection of a pre-measured dose of epinephrine into the human

body prescribed in the name of a local governmental agency.

(c) The Board shall conduct or approve an optional advanced

training program for police officers to recognize and respond

to anaphylaxis, including the administration of an epinephrine

auto-injector. The training must include, but is not limited

to:

(1) how to recognize symptoms of an allergic reaction;

(2) how to respond to an emergency involving an

allergic reaction;

(3) how to administer an epinephrine auto-injector;

(4) how to respond to an individual with a known

allergy as well as an individual with a previously unknown

allergy;

(5) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector; and

(6) other criteria as determined in rules adopted by

the Board.

(d) A local governmental agency may authorize a police

officer who has completed an optional advanced training program

under subsection (c) to carry, administer, or assist with the

administration of epinephrine auto-injectors provided by the

local governmental agency whenever he or she is performing

official duties.

(e) A local governmental agency that authorizes its

officers to carry and administer epinephrine auto-injectors

under subsection (d) must establish a policy to control the

acquisition, storage, transportation, administration, and

disposal of epinephrine auto-injectors and to provide

continued training in the administration of epinephrine

auto-injectors.

(f) A physician, physician's assistant with prescriptive

authority, or advanced practice registered nurse with

prescriptive authority may provide a standing protocol or

prescription for epinephrine auto-injectors in the name of a

local governmental agency to be maintained for use when

necessary.

(g) When a police officer administers an epinephrine

auto-injector in good faith, the police officer and local

governmental agency, and its employees and agents, incur no

liability, except for willful and wanton conduct, as a result

of any injury or death arising from the use of an epinephrine

auto-injector.

(Source: P.A. 99-711, eff. 1-1-17.)

(50 ILCS 705/10.20)

Sec. 10.20 10.19. Disposal of medications. The Board shall

develop rules and minimum standards for local governmental

agencies that authorize police officers to dispose of unused

medications under Section 18 of the Safe Pharmaceutical

Disposal Act.

(Source: P.A. 99-648, eff. 1-1-17; revised 10-21-16.)

(50 ILCS 705/10.21)

Sec. 10.21 10.19. Training; sexual assault and sexual

abuse.

(a) The Illinois Law Enforcement Training Standards Board

shall conduct or approve training programs in trauma-informed

responses and investigations of sexual assault and sexual

abuse, which include, but is not limited to, the following:

(1) recognizing the symptoms of trauma;

(2) understanding the role trauma has played in a

victim's life;

(3) responding to the needs and concerns of a victim;

(4) delivering services in a compassionate, sensitive,

and nonjudgmental manner;

(5) interviewing techniques in accordance with the

curriculum standards in subsection (f) of this Section;

(6) understanding cultural perceptions and common

myths of sexual assault and sexual abuse; and

(7) report writing techniques in accordance with the

curriculum standards in subsection (f) of this Section.

(b) This training must be presented in all full and

part-time basic law enforcement academies on or before July 1,

2018.

(c) Agencies employing law enforcement officers must

present this training to all law enforcement officers within 3

years after January 1, 2017 (the effective date of Public Act

99-801) this amendatory Act of the 99th General Assembly and

must present in-service training on sexual assault and sexual

abuse response and report writing training requirements every 3

years.

(d) Agencies employing law enforcement officers who

conduct sexual assault and sexual abuse investigations must

provide specialized training to these officers on sexual

assault and sexual abuse investigations within 2 years after

January 1, 2017 (the effective date of Public Act 99-801) this

amendatory Act of the 99th General Assembly and must present

in-service training on sexual assault and sexual abuse

investigations to these officers every 3 years.

(e) Instructors providing this training shall have

successfully completed training on evidence-based,

trauma-informed, victim-centered response to cases of sexual

assault and sexual abuse and have experience responding to

sexual assault and sexual abuse cases.

(f) The Board shall adopt rules, in consultation with the

Office of the Illinois Attorney General and the Department of

State Police, to determine the specific training requirements

for these courses, including, but not limited to, the

following:

(1) evidence-based curriculum standards for report

writing and immediate response to sexual assault and sexual

abuse, including trauma-informed, victim-centered

interview techniques, which have been demonstrated to

minimize retraumatization, for probationary police

officers and all law enforcement officers; and

(2) evidence-based curriculum standards for

trauma-informed, victim-centered investigation and

interviewing techniques, which have been demonstrated to

minimize retraumatization, for cases of sexual assault and

sexual abuse for law enforcement officers who conduct

sexual assault and sexual abuse investigations.

(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)

Section 270. The Regional Fire Protection Agency Act is

amended by changing Section 25 as follows:

(50 ILCS 741/25)

Sec. 25. Creation of an Agency by petition and referendum.

(a) Petition. A Regional Fire Protection Agency may

exclusively be formed upon petition signed by the lesser of:

(i) at least 8% of the total votes cast for candidates for

Governor in the preceding gubernatorial election in each of the

units of local government governments included in the Regional

Fire Protection Agency; or (ii) at least 500 legal voters in

each of the units of local government to be included in the

Regional Fire Protection Agency. The petition shall be filed in

the circuit court of the county in which the greater part of

the land of the proposed Regional Fire Protection Agency shall

be situated. The petition shall set forth the names of the

units of local government proposed to be included, the name of

the proposed Regional Fire Protection Agency, the benefits of

consolidating the units of local government within a Regional

Fire Protection Agency, the names of the representatives of the

petitioners from each unit of local government who shall be

authorized to serve on the Joint Committee, and up to 3

alternate representatives from each unit of local government in

the event a designated representative ceases to be an elector

of their jurisdiction or resigns from the Joint Committee. Upon

its filing, the petition shall be presented to the court, and

the court shall fix the date and hour for a hearing.

(b) Notice of Hearing. Upon the filing of the petition, the

court shall set a hearing date that is at least 4 weeks, but

not more than 8 weeks, after the date the petition is filed.

The court, clerk, petitioner's counsel, or sheriff shall, upon

order of the court, give notice 21 days before the hearing in

one or more daily or weekly newspapers of general circulation

in each county where an affected unit of local government is

organized. The notice must describe the units of local

government to be included and shall state that if the

conditions required by this Section are met, then the

proposition for the creation of the Agency shall be submitted

to the voters of the units of local government in the proposed

Agency by order of the court.

(c) Hearing and referendum. At the hearing, the court shall

first determine whether the petition is supported by the

required number of valid signatures of legal voters within the

contiguous units of local government. If the petition is

proper, then the court shall remand the matter to a Special

Mediator who shall mediate the negotiations regarding the terms

of an intergovernmental agreement by the members of the Joint

Committee as provided in subsection (d) of this Section. The

Special Mediator shall be a member of the bar of the State of

Illinois or a member of the faculty of an accredited law

school. The Special Mediator shall have practiced law for at

least 7 years and be knowledgeable about municipal, labor,

employment, and election law. The Special Mediator shall be

free of any conflicts of interest. The Special Mediator shall

have strong mediation skills and the temperament and training

to listen well, facilitate communication, and assist with

negotiations. Special Mediators shall have sufficient

experience and familiarity with municipal, labor, employment,

and election law to provide a credible evaluation and

assessment of relative positions. The Special Mediator

assigned to mediate the Joint Committee's negotiations shall be

selected by the members of the Joint Committee from a panel of

7 individuals provided by the Joint Labor Management Committee,

as it is defined in Section 50 of the Fire Department Promotion

Act. The panel shall be randomly selected by the Joint Labor

Management Committee from a master list maintained by the Joint

Labor Management Committee consisting of at least 14 qualified

Special Mediators. If the members fail to agree, the court

shall appoint the Special Mediator. The Joint Committee may

elect to conduct negotiations without the assistance of the

Special Mediator upon a majority vote of the Joint Committee.

To certify a question for referendum, the court must find that:

(i) based upon a preponderance of the evidence, at least 2 of

the 3 Joint Committee representatives appointed by the court

for each unit of local government included in the proposed

Agency have executed an intergovernmental agreement that

includes terms that are in compliance with the requirements

under subsection (d) of this Section; (ii) the terms of an

agreed-upon intergovernmental agreement have been approved by

the requisite governing bodies of each of the units of local

government; and (iii) should the terms of an agreed-upon

intergovernmental agreement change the terms of the collective

bargaining agreement for a bargaining unit of employees of any

local unit of government of the proposed Regional Fire

Protection Agency, any affected collective bargaining units

must also approve all such changes in the terms of the

collective bargaining agreement.

(d) Joint Committee. The court shall allow appointments to

the Joint Committee as follows:

(1) A representative of each unit of local government

included within the proposed service area of the proposed

Agency.

(2) A representative of each collective bargaining

unit that is a party to a collective bargaining agreement

with a unit of local government to provide fire suppression

or emergency medical services, or both, included within the

proposed Agency.

(3) A representative for the petitioners from each unit

of local government included within the proposed Agency, as

designated by the petition, or, if none are designated or

willing to serve, then chosen by the court from among the

legal voters that signed the petition.

(e) Joint Committee Negotiations. After remand, the

Special Mediator shall schedule a meeting of the Joint

Committee and facilitate the members in negotiating the terms

of an intergovernmental agreement. The first order of business

shall be to establish a financial baseline for the current

costs of fire and emergency medical services provided by the

units of local government party to the Joint Committee. To this

end, each unit of local government party to the Joint Committee

shall disclose to the Joint Committee the total aggregate

expenditures it allocates for providing all fire, rescue, and

emergency medical services. These expenditures shall include,

but are not limited to, the following cost factors: (i) all

expenses from the corporate fund and other operational funds

related to fire protection services, whether direct or

indirect, for the current fiscal year; and (ii) all costs,

whether direct or indirect, paid from other funds, including,

but not limited to, capital or building funds, pension funds,

workers' compensation funds, health insurance funds,

enterprise funds, administrative funds, and all other funds

from which money is, or may be, paid or transferred to pay for

the administration and compensation or benefits for employees

or persons assigned to provide fire or emergency medical

services or related services, equipment, and buildings and

their maintenance or operation and debt service for any

expenditures related to these or related cost factors.

The Special Mediator or the court, or both if necessary,

shall facilitate the computation and production of this

financial baseline unless the Joint Committee elects to conduct

negotiations without the assistance of the Special Mediator.

The financial baseline shall serve as the predicate to: (i) the

annual contributions to be made by each unit of local

government to the costs of providing fire and emergency medical

services to the service area established for the proposed

Regional Fire Protection Agency; and (ii) for the court's

findings pursuant to subsection (f) of this Section.

The Joint Committee may take note or give due consideration

to available resources, studies, and plans that may facilitate

the resolution of issues relating to the terms of an agreement.

Negotiations may continue for a period of 90 days or, if the

court determines that additional time will facilitate

agreement, longer.

If no agreement is reached, the court shall dismiss the

petition. If an agreement is reached, the court shall schedule

an evidentiary hearing with notice to determine if the terms of

the agreement are in compliance with the requirements of

subsection (f) of this Section. The expenses of the Special

Mediator shall be apportioned equally among the included units

of local government unless the parties agree otherwise in the

intergovernmental agreement.

If the intergovernmental agreement has been approved by the

governing bodies of at least 2 units of local government

included in the original petition, then the petition may

proceed, provided that the agreement is also executed by at

least 2 of 3 Joint Committee representatives from each affected

unit of local government included in the original petition. The

units of local government that did not consent to inclusion

shall be dismissed, and an amended petition on behalf of the

consenting units of local government shall be scheduled for an

evidentiary hearing.

The persons or entities, or their duly authorized

representatives, that shall have standing to present evidence

at the hearing are the petitioners, the units of local

government that sought to be included in the proposed Agency,

and the representatives of each collective bargaining unit that

is a party to a collective bargaining agreement with a fire

protection jurisdiction within a unit of local government

included within the proposed Agency.

If the court finds, by a preponderance of the evidence,

that the petition is supported by a proper intergovernmental

agreement, the court shall enter an order certifying the

proposition to the proper election officials, who shall submit

the question of the creation of the proposed Agency to the

legal voters of each included unit of local government at the

next election. Notice of the election shall be given and the

election conducted in the manner provided by the general

election law. The notice shall state the boundaries of the

proposed Agency.

The question shall be submitted in substantially the

following form:

Shall the service areas of (names of existing units of

local government to be combined) be combined to create the

(name of the Regional Fire Protection Agency)?

Responses shall be recorded as "Yes" or "No".

A written statement of the election results shall be filed

with the court. If, in each unit of local government included

within the boundaries of the Regional Fire Protection Agency, a

majority of the voters voting on the question favor the

proposition, then the court shall issue an order stating that

the Agency has been approved.

(f) Intergovernmental agreement; minimum standards of

service. The terms of the intergovernmental agreement shall

ensure that all of the following standards of service are met:

(1) The formation of the Agency shall result in no net

increase in the cost of fire protection services and

emergency medical services to the units of local government

in the proposed Agency due to the reduction or elimination

of duplicative administrative costs, operational costs,

equipment costs, or capital expenditures unless members of

the Joint Committee can demonstrate that an increase in the

cost to a participating unit of local government is

justified by a corresponding increase in the level of

services provided under the terms of the intergovernmental

agreement.

(2) The formation of the Agency shall not increase the

average response times in any included unit of local

government.

(3) Agencies shall have no independent ability to levy

taxes and shall rely on the fiscal support and

contributions from component fire protection

jurisdictions, as required under the terms of the

intergovernmental agreement.

(Source: P.A. 98-1095, eff. 8-26-14; revised 9-20-16.)

Section 275. The Counties Code is amended by changing

Sections 3-6012.1, 4-2002.1, 4-11001.5, 5-25013, and 5-43035

as follows:

(55 ILCS 5/3-6012.1)

Sec. 3-6012.1. Court security officers. The sheriff of any

county in Illinois with less than 3,000,000 inhabitants may

hire court security officers in such number as the county board

shall from time to time deem necessary. Court security officers

may be designated by the Sheriff to attend courts and perform

the functions set forth in Section 3-6023. Court security

officers shall have the authority to arrest; however, such

arrest powers shall be limited to performance of their official

duties as court security officers. Court security officers may

carry weapons, upon which they have been trained and qualified

as permitted by law, at their place of employment and to and

from their place of employment with the consent of the Sheriff.

The court security officers shall be sworn officers of the

Sheriff and shall be primarily responsible for the security of

the courthouse and its courtrooms. The court security officers

shall be under the sole control of the sheriff of the county in

which they are hired. No court security officer shall be

subject to the jurisdiction of a Sheriff's Merit Commission

unless the officer was hired through the Sheriff's Merit

Commission's certified applicant process under Section 3-8010

of the Counties Code. They are not regular appointed deputies

under Section 3-6008. The position of court security officer

shall not be considered a rank when seeking initial appointment

as deputy sheriff under Section 3-8011.

Every court security officer hired on or after June 1, 1997

(the effective date of Public Act 89-685) this amendatory Act

of 1996 shall serve a probationary period of 12 months during

which time they may be discharged at the will of the Sheriff.

(Source: P.A. 99-10, eff. 1-1-16; revised 9-20-16.)

(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)

Sec. 4-2002.1. State's attorney fees in counties of

3,000,000 or more population. This Section applies only to

counties with 3,000,000 or more inhabitants.

(a) State's attorneys shall be entitled to the following

fees:

For each conviction in prosecutions on indictments for

first degree murder, second degree murder, involuntary

manslaughter, criminal sexual assault, aggravated criminal

sexual assault, aggravated criminal sexual abuse, kidnapping,

arson and forgery, $60. All other cases punishable by

imprisonment in the penitentiary, $60.

For each conviction in other cases tried before judges of

the circuit court, $30; except that if the conviction is in a

case which may be assigned to an associate judge, whether or

not it is in fact assigned to an associate judge, the fee shall

be $20.

For preliminary examinations for each defendant held to

bail or recognizance, $20.

For each examination of a party bound over to keep the

peace, $20.

For each defendant held to answer in a circuit court on a

charge of paternity, $20.

For each trial on a charge of paternity, $60.

For each case of appeal taken from his county or from the

county to which a change of venue is taken to his county to the

Supreme or Appellate Court when prosecuted or defended by him,

$100.

For each day actually employed in the trial of a case, $50;

in which case the court before whom the case is tried shall

make an order specifying the number of days for which a per

diem shall be allowed.

For each day actually employed in the trial of cases of

felony arising in their respective counties and taken by change

of venue to another county, $50; and the court before whom the

case is tried shall make an order specifying the number of days

for which said per diem shall be allowed; and it is hereby made

the duty of each State's attorney to prepare and try each case

of felony arising when so taken by change of venue.

For assisting in a trial of each case on an indictment for

felony brought by change of venue to their respective counties,

the same fees they would be entitled to if such indictment had

been found for an offense committed in his county, and it shall

be the duty of the State's attorney of the county to which such

cause is taken by change of venue to assist in the trial

thereof.

For each case of forfeited recognizance where the

forfeiture is set aside at the instance of the defense, in

addition to the ordinary costs, $20 for each defendant.

For each proceeding in a circuit court to inquire into the

alleged mental illness of any person, $20 for each defendant.

For each proceeding in a circuit court to inquire into the

alleged dependency or delinquency of any child, $20.

For each day actually employed in the hearing of a case of

habeas corpus in which the people are interested, $50.

All the foregoing fees shall be taxed as costs to be

collected from the defendant, if possible, upon conviction. But

in cases of inquiry into the mental illness of any person

alleged to be mentally ill, in cases on a charge of paternity

and in cases of appeal in the Supreme or Appellate Court, where

judgment is in favor of the accused, the fees allowed the

State's attorney therein shall be retained out of the fines and

forfeitures collected by them in other cases.

Ten per cent of all moneys except revenue, collected by

them and paid over to the authorities entitled thereto, which

per cent together with the fees provided for herein that are

not collected from the parties tried or examined, shall be paid

out of any fines and forfeited recognizances collected by them,

provided however, that in proceedings to foreclose the lien of

delinquent real estate taxes State's attorneys shall receive a

fee, to be credited to the earnings of their office, of 10% of

the total amount realized from the sale of real estate sold in

such proceedings. Such fees shall be paid from the total amount

realized from the sale of the real estate sold in such

proceedings.

State's attorneys shall have a lien for their fees on all

judgments for fines or forfeitures procured by them and on

moneys except revenue received by them until such fees and

earnings are fully paid.

No fees shall be charged on more than 10 counts in any one

indictment or information on trial and conviction; nor on more

than 10 counts against any one defendant on pleas of guilty.

The Circuit Court may direct that of all monies received,

by restitution or otherwise, which monies are ordered paid to

the Department of Healthcare and Family Services (formerly

Department of Public Aid) or the Department of Human Services

(acting as successor to the Department of Public Aid under the

Department of Human Services Act) as a direct result of the

efforts of the State's attorney and which payments arise from

Civil or Criminal prosecutions involving the Illinois Public

Aid Code or the Criminal Code, the following amounts shall be

paid quarterly by the Department of Healthcare and Family

Services or the Department of Human Services to the General

Corporate Fund of the County in which the prosecution or cause

of action took place:

(1) where the monies result from child support

obligations, not less than 25% of the federal share of the

monies received,

(2) where the monies result from other than child

support obligations, not less than 25% of the State's share

of the monies received.

In addition to any other amounts to which State's Attorneys

are entitled under this Section, State's Attorneys are entitled

to $10 of the fine that is imposed under Section 5-9-1.17 of

the Unified Code of Corrections, as set forth in that Section.

(b) A municipality shall be entitled to a $25 prosecution

fee for each conviction for a violation of the Illinois Vehicle

Code prosecuted by the municipal attorney pursuant to Section

16-102 of that Code which is tried before a circuit or

associate judge and shall be entitled to a $25 prosecution fee

for each conviction for a violation of a municipal vehicle

ordinance prosecuted by the municipal attorney which is tried

before a circuit or associate judge. Such fee shall be taxed as

costs to be collected from the defendant, if possible, upon

conviction. A municipality shall have a lien for such

prosecution fees on all judgments or fines procured by the

municipal attorney from prosecutions for violations of the

Illinois Vehicle Code and municipal vehicle ordinances.

For the purposes of this subsection (b), "municipal vehicle

ordinance" means any ordinance enacted pursuant to Sections

11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois

Municipal Code or any ordinance enacted by a municipality which

is similar to a provision of Chapter 11 of the Illinois Vehicle

Code.

(c) State's attorneys shall be entitled to a $2 fee to be

paid by the defendant on a judgment of guilty or a grant of

supervision for a violation of any provision of the Illinois

Vehicle Code or any felony, misdemeanor, or petty offense to

discharge the expenses of the State's Attorney's office for

establishing and maintaining automated record keeping systems.

The fee shall be remitted monthly to the county treasurer, to

be deposited by him or her into a special fund designated as

the State's Attorney Records Automation Fund. Expenditures

from this fund may be made by the State's Attorney for

hardware, software, research, and development costs and

personnel related thereto.

For the purposes of this subsection (b), "municipal vehicle

ordinance" means any ordinance enacted pursuant to Sections

11-40-1, 11-40-2, 11-40-2a, and 11-40-3 of the Illinois

Municipal Code or any ordinance enacted by a municipality which

is similar to a provision of Chapter 11 of the Illinois Vehicle

Code.

(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;

97-673, eff. 6-1-12; revised 10-31-16.)

(55 ILCS 5/4-11001.5)

(Section scheduled to be repealed on December 31, 2019)

Sec. 4-11001.5. Lake County Children's Advocacy Center

Pilot Program.

(a) The Lake County Children's Advocacy Center Pilot

Program is established. Under the Pilot Program, any grand

juror or petit juror in Lake County may elect to have his or

her juror fees earned under Section 4-11001 of this Code to be

donated to the Lake County Children's Advocacy Center, a

division of the Lake County State's Attorney's office.

(b) On or before January 1, 2017, the Lake County board

shall adopt, by ordinance or resolution, rules and policies

governing and effectuating the ability of jurors to donate

their juror fees to the Lake County Children's Advocacy Center

beginning January 1, 2017 and ending December 31, 2018. At a

minimum, the rules and policies must provide:

(1) for a form that a juror may fill out to elect to

donate his or her their juror fees. The form must contain a

statement, in at least 14-point bold type, that donation of

juror fees is optional;

(2) that all monies donated by jurors shall be

transferred by the county to the Lake County Children's

Advocacy Center at the same time a juror is paid under

Section 4-11001 of this Code who did not elect to donate

his or her their juror fees; and

(3) that all juror fees donated under this Section

shall be used exclusively for the operation of Lake County

Children's Advocacy Center.

(c) The following information shall be reported to the

General Assembly and the Governor by the Lake County board

after each calendar year of the Pilot Program on or before

March 31, 2018 and March 31, 2019:

(1) the number of grand and petit jurors who earned

fees under Section 4-11001 of this Code during the previous

calendar year;

(2) the number of grand and petit jurors who donated

fees under this Section during the previous calendar year;

(3) the amount of donated fees under this Section

during the previous calendar year;

(4) how the monies donated in the previous calendar

year were used by the Lake County Children's Advocacy

Center; and

(5) how much cost there was incurred by Lake County and

the Lake County State's Attorney's office in the previous

calendar year in implementing the Pilot Program.

(d) This Section is repealed on December 31, 2019.

(Source: P.A. 99-583, eff. 7-15-16; revised 9-1-16.)

(55 ILCS 5/5-25013) (from Ch. 34, par. 5-25013)

Sec. 5-25013. Organization of board; powers and duties.

(A) The board of health of each county or multiple-county

health department shall, immediately after appointment, meet

and organize, by the election of one of its number as president

and one as secretary, and either from its number or otherwise,

a treasurer and such other officers as it may deem necessary. A

board of health may make and adopt such rules for its own

guidance and for the government of the health department as may

be deemed necessary to protect and improve public health not

inconsistent with this Division. It shall:

1. Hold a meeting prior to the end of each operating

fiscal year, at which meeting officers shall be elected for

the ensuing operating fiscal year.

2. Hold meetings at least quarterly.

3. Hold special meetings upon a written request signed

by two members and filed with the Secretary or on request

of the medical health officer or public health

administrator.

4. Provide, equip and maintain suitable offices,

facilities and appliances for the health department.

5. Publish annually, within 90 days after the end of

the county's operating fiscal year, in pamphlet form, for

free distribution, an annual report showing the condition

of its trust on the last day of the most recently completed

operating fiscal year, the sums of money received from all

sources, giving the name of any donor, how all moneys have

been expended and for what purpose, and such other

statistics and information in regard to the work of the

health department as it may deem of general interest.

6. Within its jurisdiction, and professional and

technical competence, enforce and observe all State laws

pertaining to the preservation of health, and all county

and municipal ordinances except as otherwise provided in

this Division.

7. Within its jurisdiction, and professional and

technical competence, investigate the existence of any

contagious or infectious disease and adopt measures, not

inconsistent with the regulations of the State Department

of Public Health, to arrest the progress of the same.

8. Within its jurisdiction, and professional and

technical competence, make all necessary sanitary and

health investigations and inspections.

9. Upon request, give professional advice and

information to all city, village, incorporated town and

school authorities, within its jurisdiction, in all

matters pertaining to sanitation and public health.

10. Appoint a medical health officer as the executive

officer for the department, who shall be a citizen of the

United States and shall possess such qualifications as may

be prescribed by the State Department of Public Health; or

appoint a public health administrator who shall possess

such qualifications as may be prescribed by the State

Department of Public Health as the executive officer for

the department, provided that the board of health shall

make available medical supervision which is considered

adequate by the Director of Public Health.

10.5. 10 1/2. Appoint such professional employees as

may be approved by the executive officer who meet the

qualification requirements of the State Department of

Public Health for their respective positions provided,

that in those health departments temporarily without a

medical health officer or public health administrator

approval by the State Department of Public Health shall

suffice.

11. Appoint such other officers and employees as may be

necessary.

12. Prescribe the powers and duties of all officers and

employees, fix their compensation, and authorize payment

of the same and all other department expenses from the

County Health Fund of the county or counties concerned.

13. Submit an annual budget to the county board or

boards.

14. Submit an annual report to the county board or

boards, explaining all of its activities and expenditures.

15. Establish and carry out programs and services in

mental health, including intellectual disabilities and

alcoholism and substance abuse, not inconsistent with the

regulations of the Department of Human Services.

16. Consult with all other private and public health

agencies in the county in the development of local plans

for the most efficient delivery of health services.

(B) The board of health of each county or multiple-county

health department may:

1. Initiate and carry out programs and activities of

all kinds, not inconsistent with law, that may be deemed

necessary or desirable in the promotion and protection of

health and in the control of disease including

tuberculosis.

2. Receive contributions of real and personal

property.

3. Recommend to the county board or boards the adoption

of such ordinances and of such rules and regulations as may

be deemed necessary or desirable for the promotion and

protection of health and control of disease.

4. Appoint a medical and dental advisory committee and

a non-medical advisory committee to the health department.

5. Enter into contracts with the State,

municipalities, other political subdivisions and

non-official agencies for the purchase, sale or exchange of

health services.

6. Set fees it deems reasonable and necessary (i) to

provide services or perform regulatory activities, (ii)

when required by State or federal grant award conditions,

(iii) to support activities delegated to the board of

health by the Illinois Department of Public Health, or (iv)

when required by an agreement between the board of health

and other private or governmental organizations, unless

the fee has been established as a part of a regulatory

ordinance adopted by the county board, in which case the

board of health shall make recommendations to the county

board concerning those fees. Revenue generated under this

Section shall be deposited into the County Health Fund or

to the account of the multiple-county health department.

7. Enter into multiple year employment contracts with

the medical health officer or public health administrator

as may be necessary for the recruitment and retention of

personnel and the proper functioning of the health

department.

8. Enter into contracts with municipal health

departments, county health departments, other boards of

health, private or public hospitals, and not for profit

entities to provide public health services outside of a

board of health's own jurisdiction in order to protect the

public health in an effective manner.

(C) The board of health of a multiple-county health

department may hire attorneys to represent and advise the

department concerning matters that are not within the exclusive

jurisdiction of the State's Attorney of one of the counties

that created the department.

(Source: P.A. 99-730, eff. 8-5-16; revised 10-27-16.)

(55 ILCS 5/5-43035)

Sec. 5-43035. Enforcement of judgment.

(a) Any fine, other sanction, or costs imposed, or part of

any fine, other sanction, or costs imposed, remaining unpaid

after the exhaustion of or the failure to exhaust judicial

review procedures under the Illinois Administrative Review Law

are a debt due and owing the county for a violation of a county

ordinance, or the participating unit of local government for a

violation of a participating unit of local government's

ordinance, and may be collected in accordance with applicable

law.

(b) After expiration of the period in which judicial review

under the Illinois Administrative Review Law may be sought for

a final determination of a code violation, unless stayed by a

court of competent jurisdiction, the findings, decision, and

order of the hearing officer may be enforced in the same manner

as a judgment entered by a court of competent jurisdiction.

(c) In any case in which a defendant has failed to comply

with a judgment ordering a defendant to correct a code

violation or imposing any fine or other sanction as a result of

a code violation, any expenses incurred by a county for a

violation of a county ordinance, or the participating unit of

local government for a violation of a participating unit of

local government's ordinance, to enforce the judgment,

including, but not limited to, attorney's fees, court costs,

and costs related to property demolition or foreclosure, after

they are fixed by a court of competent jurisdiction or a

hearing officer, shall be a debt due and owing the county for a

violation of a county ordinance, or the participating unit of

local government for a violation of a participating unit of

local government's ordinance, and the findings, decision, and

order of the hearing officer may be enforced in the same manner

as a judgment entered by a court. Prior to any expenses being

fixed by a hearing officer pursuant to this subsection (c), the

county for a violation of a county ordinance, or the

participating unit of local government for a violation of a

participating unit of local government's ordinance, shall

provide notice to the defendant that states that the defendant

shall appear at a hearing before the administrative hearing

officer to determine whether the defendant has failed to comply

with the judgment. The notice shall set the date for the

hearing, which shall not be less than 7 days after the date

that notice is served. If notice is served by mail, the 7-day

period shall begin to run on the date that the notice was

deposited in the mail.

(c-5) A default in the payment of a fine or penalty or any

installment of a fine or penalty may be collected by any means

authorized for the collection of monetary judgments. The

state's attorney of the county in which the fine or penalty was

imposed may retain attorneys and private collection agents for

the purpose of collecting any default in payment of any fine or

penalty or installment of that fine or penalty. Any fees or

costs incurred by the county or participating unit of local

government with respect to attorneys or private collection

agents retained by the state's attorney under this Section

shall be charged to the offender.

(d) Upon being recorded in the manner required by Article

XII of the Code of Civil Procedure or by the Uniform Commercial

Code, a lien shall be imposed on the real estate or personal

estate, or both, of the defendant in the amount of any debt due

and owing the county for a violation of a county ordinance, or

the participating unit of local government for a violation of a

participating unit of local government's ordinance, under this

Section. The lien may be enforced in the same manner as a

judgment lien pursuant to a judgment of a court of competent

jurisdiction.

(e) A hearing officer may set aside any judgment entered by

default and set a new hearing date, upon a petition filed

within 21 days after the issuance of the order of default, if

the hearing officer determines that the petitioner's failure to

appear at the hearing was for good cause or at any time if the

petitioner establishes that the county for a violation of a

county ordinance, or the participating unit of local government

for a violation of a participating unit of local government's

ordinance, did not provide proper service of process. If any

judgment is set aside pursuant to this subsection (e), the

hearing officer shall have authority to enter an order

extinguishing any lien that has been recorded for any debt due

and owing the county for a violation of a county ordinance, or

the participating unit of local government for a violation of a

participating unit of local government's ordinance, as a result

of the vacated default judgment.

(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754,

eff. 1-1-17; revised 9-21-16.)

Section 280. The Illinois Municipal Code is amended by

changing Sections 3.1-50-15, 8-11-1.8, 8-11-2, 11-6-10,

11-74.4-3, 11-74.4-3.5, 11-74.4-6, 11-74.4-8a, and 11-102-2 as

follows:

(65 ILCS 5/3.1-50-15) (from Ch. 24, par. 3.1-50-15)

Sec. 3.1-50-15. Compensation of members of corporate

authorities.

(a) The ordinance fixing compensation for members of the

corporate authorities shall specify whether those members are

to be compensated (i) at an annual rate or, (ii) for each

meeting of the corporate authorities actually attended if

public notice of the meeting was given.

(b) Each member of the corporate authorities may receive

reimbursement from the municipality for expenses incurred by

the member in attending committee meetings of the corporate

authorities or for other expenses incurred by the member in the

course of performing official duties.

(Source: P.A. 91-208, eff. 1-1-00; revised 9-20-16.)

(65 ILCS 5/8-11-1.8)

Sec. 8-11-1.8. Non-home rule municipal tax rescission

recision. Whenever the corporate authorities of a non-home rule

municipality with a population of more than 20,000 but less

than 25,000 have imposed a municipal retailers occupation tax

under Sec. 8-11-1.6 and a municipal service occupation tax

under Section 8-11-1.7, the question of discontinuing the tax

imposed under those Sections shall be submitted to the voters

of the municipality at the next regularly scheduled election in

accordance with the general election law upon a petition signed

by not fewer than 10% of the registered voters in the

municipality. The petition shall be filed with the clerk, of

the municipality within one year of the passage of the

ordinance imposing the tax; provided, the petition shall be

filed not less than 60 days prior to the election at which the

question is to be submitted to the voters of the municipality,

and its validity shall be determined as provided by the general

election law. The municipal clerk shall certify the question to

the proper election officials, who shall submit the question to

the voters.

Notice shall be given in the manner provided for in the

general election law.

Referenda initiated under this Section shall be subject to

the provisions and limitations of the general election law.

The proposition shall be in substantially the following

form:

Shall the additional Municipal Service Occupation Tax

and Municipal Retailers' Occupation Tax imposed within the

municipal limits of (name of municipality) by Ordinance No.

(state number) adopted on (date of adoption) be

discontinued?

The votes shall be recorded as "Yes" or "No".

If a majority of all ballots cast on the proposition shall

be in favor of discontinuing the tax, within one month after

approval of the referendum discontinuing the tax the corporate

authorities shall certify the results of the referenda to the

Department of Revenue and shall also file with the Department a

certified copy of an ordinance discontinuing the tax.

Thereupon, the Department shall discontinue collection of tax

as of the first day of January next following the referendum.

Except as herein otherwise provided, the referenda

authorized by the terms of this Section shall be conducted in

all respects in the manner provided by the general election

law.

This Section shall apply only to taxes that have been

previously imposed under the provisions of Sections 8-11-1.6

and 8-11-1.7.

(Source: P.A. 88-334; 89-399, eff. 8-20-95; revised 9-20-16.)

(65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)

Sec. 8-11-2. The corporate authorities of any municipality

may tax any or all of the following occupations or privileges:

1. (Blank).

2. Persons engaged in the business of distributing,

supplying, furnishing, or selling gas for use or

consumption within the corporate limits of a municipality

of 500,000 or fewer population, and not for resale, at a

rate not to exceed 5% of the gross receipts therefrom.

2a. Persons engaged in the business of distributing,

supplying, furnishing, or selling gas for use or

consumption within the corporate limits of a municipality

of over 500,000 population, and not for resale, at a rate

not to exceed 8% of the gross receipts therefrom. If

imposed, this tax shall be paid in monthly payments.

3. The privilege of using or consuming electricity

acquired in a purchase at retail and used or consumed

within the corporate limits of the municipality at rates

not to exceed the following maximum rates, calculated on a

monthly basis for each purchaser:

(i) For the first 2,000 kilowatt-hours used or

consumed in a month; 0.61 cents per kilowatt-hour;

(ii) For the next 48,000 kilowatt-hours used or

consumed in a month; 0.40 cents per kilowatt-hour;

(iii) For the next 50,000 kilowatt-hours used or

consumed in a month; 0.36 cents per kilowatt-hour;

(iv) For the next 400,000 kilowatt-hours used or

consumed in a month; 0.35 cents per kilowatt-hour;

(v) For the next 500,000 kilowatt-hours used or

consumed in a month; 0.34 cents per kilowatt-hour;

(vi) For the next 2,000,000 kilowatt-hours used or

consumed in a month; 0.32 cents per kilowatt-hour;

(vii) For the next 2,000,000 kilowatt-hours used

or consumed in a month; 0.315 cents per kilowatt-hour;

(viii) For the next 5,000,000 kilowatt-hours used

or consumed in a month; 0.31 cents per kilowatt-hour;

(ix) For the next 10,000,000 kilowatt-hours used

or consumed in a month; 0.305 cents per kilowatt-hour;

and

(x) For all electricity used or consumed in excess

of 20,000,000 kilowatt-hours in a month, 0.30 cents per

kilowatt-hour.

If a municipality imposes a tax at rates lower than

either the maximum rates specified in this Section or the

alternative maximum rates promulgated by the Illinois

Commerce Commission, as provided below, the tax rates shall

be imposed upon the kilowatt hour categories set forth

above with the same proportional relationship as that which

exists among such maximum rates. Notwithstanding the

foregoing, until December 31, 2008, no municipality shall

establish rates that are in excess of rates reasonably

calculated to produce revenues that equal the maximum total

revenues such municipality could have received under the

tax authorized by this subparagraph in the last full

calendar year prior to August 1, 1998 (the effective date

of Section 65 of Public Act 90-561) this amendatory Act of

1997; provided that this shall not be a limitation on the

amount of tax revenues actually collected by such

municipality.

Upon the request of the corporate authorities of a

municipality, the Illinois Commerce Commission shall,

within 90 days after receipt of such request, promulgate

alternative rates for each of these kilowatt-hour

categories that will reflect, as closely as reasonably

practical for that municipality, the distribution of the

tax among classes of purchasers as if the tax were based on

a uniform percentage of the purchase price of electricity.

A municipality that has adopted an ordinance imposing a tax

pursuant to subparagraph 3 as it existed prior to August 1,

1998 (the effective date of Section 65 of Public Act

90-561) this amendatory Act of 1997 may, rather than

imposing the tax permitted by Public Act 90-561 this

amendatory Act of 1997, continue to impose the tax pursuant

to that ordinance with respect to gross receipts received

from residential customers through July 31, 1999, and with

respect to gross receipts from any non-residential

customer until the first bill issued to such customer for

delivery services in accordance with Section 16-104 of the

Public Utilities Act but in no case later than the last

bill issued to such customer before December 31, 2000. No

ordinance imposing the tax permitted by Public Act 90-561

this amendatory Act of 1997 shall be applicable to any

non-residential customer until the first bill issued to

such customer for delivery services in accordance with

Section 16-104 of the Public Utilities Act but in no case

later than the last bill issued to such non-residential

customer before December 31, 2000.

4. Persons engaged in the business of distributing,

supplying, furnishing, or selling water for use or

consumption within the corporate limits of the

municipality, and not for resale, at a rate not to exceed

5% of the gross receipts therefrom.

None of the taxes authorized by this Section may be imposed

with respect to any transaction in interstate commerce or

otherwise to the extent to which the business or privilege may

not, under the constitution and statutes of the United States,

be made the subject of taxation by this State or any political

sub-division thereof; nor shall any persons engaged in the

business of distributing, supplying, furnishing, selling or

transmitting gas, water, or electricity, or using or consuming

electricity acquired in a purchase at retail, be subject to

taxation under the provisions of this Section for those

transactions that are or may become subject to taxation under

the provisions of the "Municipal Retailers' Occupation Tax Act"

authorized by Section 8-11-1; nor shall any tax authorized by

this Section be imposed upon any person engaged in a business

or on any privilege unless the tax is imposed in like manner

and at the same rate upon all persons engaged in businesses of

the same class in the municipality, whether privately or

municipally owned or operated, or exercising the same privilege

within the municipality.

Any of the taxes enumerated in this Section may be in

addition to the payment of money, or value of products or

services furnished to the municipality by the taxpayer as

compensation for the use of its streets, alleys, or other

public places, or installation and maintenance therein,

thereon or thereunder of poles, wires, pipes, or other

equipment used in the operation of the taxpayer's business.

(a) If the corporate authorities of any home rule

municipality have adopted an ordinance that imposed a tax on

public utility customers, between July 1, 1971, and October 1,

1981, on the good faith belief that they were exercising

authority pursuant to Section 6 of Article VII of the 1970

Illinois Constitution, that action of the corporate

authorities shall be declared legal and valid, notwithstanding

a later decision of a judicial tribunal declaring the ordinance

invalid. No municipality shall be required to rebate, refund,

or issue credits for any taxes described in this paragraph, and

those taxes shall be deemed to have been levied and collected

in accordance with the Constitution and laws of this State.

(b) In any case in which (i) prior to October 19, 1979, the

corporate authorities of any municipality have adopted an

ordinance imposing a tax authorized by this Section (or by the

predecessor provision of the "Revised Cities and Villages Act")

and have explicitly or in practice interpreted gross receipts

to include either charges added to customers' bills pursuant to

the provision of paragraph (a) of Section 36 of the Public

Utilities Act or charges added to customers' bills by taxpayers

who are not subject to rate regulation by the Illinois Commerce

Commission for the purpose of recovering any of the tax

liabilities or other amounts specified in such paragraph (a) of

Section 36 of that Act, and (ii) on or after October 19, 1979,

a judicial tribunal has construed gross receipts to exclude all

or part of those charges, then neither that those municipality

nor any taxpayer who paid the tax shall be required to rebate,

refund, or issue credits for any tax imposed or charge

collected from customers pursuant to the municipality's

interpretation prior to October 19, 1979. This paragraph

reflects a legislative finding that it would be contrary to the

public interest to require a municipality or its taxpayers to

refund taxes or charges attributable to the municipality's more

inclusive interpretation of gross receipts prior to October 19,

1979, and is not intended to prescribe or limit judicial

construction of this Section. The legislative finding set forth

in this subsection does not apply to taxes imposed after

January 1, 1996 (the effective date of Public Act 89-325) this

amendatory Act of 1995.

(c) The tax authorized by subparagraph 3 shall be collected

from the purchaser by the person maintaining a place of

business in this State who delivers the electricity to the

purchaser. This tax shall constitute a debt of the purchaser to

the person who delivers the electricity to the purchaser and if

unpaid, is recoverable in the same manner as the original

charge for delivering the electricity. Any tax required to be

collected pursuant to an ordinance authorized by subparagraph 3

and any such tax collected by a person delivering electricity

shall constitute a debt owed to the municipality by such person

delivering the electricity, provided, that the person

delivering electricity shall be allowed credit for such tax

related to deliveries of electricity the charges for which are

written off as uncollectible, and provided further, that if

such charges are thereafter collected, the delivering supplier

shall be obligated to remit such tax. For purposes of this

subsection (c), any partial payment not specifically

identified by the purchaser shall be deemed to be for the

delivery of electricity. Persons delivering electricity shall

collect the tax from the purchaser by adding such tax to the

gross charge for delivering the electricity, in the manner

prescribed by the municipality. Persons delivering electricity

shall also be authorized to add to such gross charge an amount

equal to 3% of the tax to reimburse the person delivering

electricity for the expenses incurred in keeping records,

billing customers, preparing and filing returns, remitting the

tax and supplying data to the municipality upon request. If the

person delivering electricity fails to collect the tax from the

purchaser, then the purchaser shall be required to pay the tax

directly to the municipality in the manner prescribed by the

municipality. Persons delivering electricity who file returns

pursuant to this paragraph (c) shall, at the time of filing

such return, pay the municipality the amount of the tax

collected pursuant to subparagraph 3.

(d) For the purpose of the taxes enumerated in this

Section:

"Gross receipts" means the consideration received for

distributing, supplying, furnishing or selling gas for use or

consumption and not for resale, and the consideration received

for distributing, supplying, furnishing or selling water for

use or consumption and not for resale, and for all services

rendered in connection therewith valued in money, whether

received in money or otherwise, including cash, credit,

services and property of every kind and material and for all

services rendered therewith, and shall be determined without

any deduction on account of the cost of the service, product or

commodity supplied, the cost of materials used, labor or

service cost, or any other expenses whatsoever. "Gross

receipts" shall not include that portion of the consideration

received for distributing, supplying, furnishing, or selling

gas or water to business enterprises described in paragraph (e)

of this Section to the extent and during the period in which

the exemption authorized by paragraph (e) is in effect or for

school districts or units of local government described in

paragraph (f) during the period in which the exemption

authorized in paragraph (f) is in effect.

For utility bills issued on or after May 1, 1996, but

before May 1, 1997, and for receipts from those utility bills,

"gross receipts" does not include one-third of (i) amounts

added to customers' bills under Section 9-222 of the Public

Utilities Act, or (ii) amounts added to customers' bills by

taxpayers who are not subject to rate regulation by the

Illinois Commerce Commission for the purpose of recovering any

of the tax liabilities described in Section 9-222 of the Public

Utilities Act. For utility bills issued on or after May 1,

1997, but before May 1, 1998, and for receipts from those

utility bills, "gross receipts" does not include two-thirds of

(i) amounts added to customers' bills under Section 9-222 of

the Public Utilities Act, or (ii) amount added to customers'

bills by taxpayers who are not subject to rate regulation by

the Illinois Commerce Commission for the purpose of recovering

any of the tax liabilities described in Section 9-222 of the

Public Utilities Act. For utility bills issued on or after May

1, 1998, and for receipts from those utility bills, "gross

receipts" does not include (i) amounts added to customers'

bills under Section 9-222 of the Public Utilities Act, or (ii)

amounts added to customers' bills by taxpayers who are not

subject to rate regulation by the Illinois Commerce Commission

for the purpose of recovering any of the tax liabilities

described in Section 9-222 of the Public Utilities Act.

For purposes of this Section "gross receipts" shall not

include amounts added to customers' bills under Section 9-221

of the Public Utilities Act. This paragraph is not intended to

nor does it make any change in the meaning of "gross receipts"

for the purposes of this Section, but is intended to remove

possible ambiguities, thereby confirming the existing meaning

of "gross receipts" prior to January 1, 1996 (the effective

date of Public Act 89-325) this amendatory Act of 1995.

"Person" as used in this Section means any natural

individual, firm, trust, estate, partnership, association,

joint stock company, joint adventure, corporation, limited

liability company, municipal corporation, the State or any of

its political subdivisions, any State university created by

statute, or a receiver, trustee, guardian or other

representative appointed by order of any court.

"Person maintaining a place of business in this State"

shall mean any person having or maintaining within this State,

directly or by a subsidiary or other affiliate, an office,

generation facility, distribution facility, transmission

facility, sales office or other place of business, or any

employee, agent, or other representative operating within this

State under the authority of the person or its subsidiary or

other affiliate, irrespective of whether such place of business

or agent or other representative is located in this State

permanently or temporarily, or whether such person, subsidiary

or other affiliate is licensed or qualified to do business in

this State.

"Public utility" shall have the meaning ascribed to it in

Section 3-105 of the Public Utilities Act and shall include

alternative retail electric suppliers as defined in Section

16-102 of that Act.

"Purchase at retail" shall mean any acquisition of

electricity by a purchaser for purposes of use or consumption,

and not for resale, but shall not include the use of

electricity by a public utility directly in the generation,

production, transmission, delivery or sale of electricity.

"Purchaser" shall mean any person who uses or consumes,

within the corporate limits of the municipality, electricity

acquired in a purchase at retail.

(e) Any municipality that imposes taxes upon public

utilities or upon the privilege of using or consuming

electricity pursuant to this Section whose territory includes

any part of an enterprise zone or federally designated Foreign

Trade Zone or Sub-Zone may, by a majority vote of its corporate

authorities, exempt from those taxes for a period not exceeding

20 years any specified percentage of gross receipts of public

utilities received from, or electricity used or consumed by,

business enterprises that:

(1) either (i) make investments that cause the creation

of a minimum of 200 full-time equivalent jobs in Illinois,

(ii) make investments of at least $175,000,000 that cause

the creation of a minimum of 150 full-time equivalent jobs

in Illinois, or (iii) make investments that cause the

retention of a minimum of 1,000 full-time jobs in Illinois;

and

(2) are either (i) located in an Enterprise Zone

established pursuant to the Illinois Enterprise Zone Act or

(ii) Department of Commerce and Economic Opportunity

designated High Impact Businesses located in a federally

designated Foreign Trade Zone or Sub-Zone; and

(3) are certified by the Department of Commerce and

Economic Opportunity as complying with the requirements

specified in clauses (1) and (2) of this paragraph (e).

Upon adoption of the ordinance authorizing the exemption,

the municipal clerk shall transmit a copy of that ordinance to

the Department of Commerce and Economic Opportunity. The

Department of Commerce and Economic Opportunity shall

determine whether the business enterprises located in the

municipality meet the criteria prescribed in this paragraph. If

the Department of Commerce and Economic Opportunity determines

that the business enterprises meet the criteria, it shall grant

certification. The Department of Commerce and Economic

Opportunity shall act upon certification requests within 30

days after receipt of the ordinance.

Upon certification of the business enterprise by the

Department of Commerce and Economic Opportunity, the

Department of Commerce and Economic Opportunity shall notify

the Department of Revenue of the certification. The Department

of Revenue shall notify the public utilities of the exemption

status of the gross receipts received from, and the electricity

used or consumed by, the certified business enterprises. Such

exemption status shall be effective within 3 months after

certification.

(f) A municipality that imposes taxes upon public utilities

or upon the privilege of using or consuming electricity under

this Section and whose territory includes part of another unit

of local government or a school district may by ordinance

exempt the other unit of local government or school district

from those taxes.

(g) The amendment of this Section by Public Act 84-127

shall take precedence over any other amendment of this Section

by any other amendatory Act passed by the 84th General Assembly

before August 1, 1985 (the effective date of Public Act

84-127).

(h) In any case in which, before July 1, 1992, a person

engaged in the business of transmitting messages through the

use of mobile equipment, such as cellular phones and paging

systems, has determined the municipality within which the gross

receipts from the business originated by reference to the

location of its transmitting or switching equipment, then (i)

neither the municipality to which tax was paid on that basis

nor the taxpayer that paid tax on that basis shall be required

to rebate, refund, or issue credits for any such tax or charge

collected from customers to reimburse the taxpayer for the tax

and (ii) no municipality to which tax would have been paid with

respect to those gross receipts if the provisions of Public Act

87-773 this amendatory Act of 1991 had been in effect before

July 1, 1992, shall have any claim against the taxpayer for any

amount of the tax.

(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)

(65 ILCS 5/11-6-10)

Sec. 11-6-10. Reimbursement of volunteer fire protection

assistance.

(a) Municipalities may fix, charge, and collect fees not

exceeding the reasonable cost of the service for all services

rendered by a volunteer municipal fire department or a

volunteer firefighter of any municipal fire department for

persons, businesses, and other entities who are not residents

of the municipality.

(b) The charge for any fees under subsection (a) shall be

computed at a rate not to exceed $250 per hour and not to

exceed $70 per hour per firefighter responding to a call for

assistance. An additional charge may be levied to reimburse the

district for extraordinary expenses of materials used in

rendering such services. No charge shall be made for services

for which the total amount would be less than $50.

(c) All revenue from the fees assessed pursuant to this

Section shall be deposited into to the general fund of the

municipality.

(d) Nothing in this Section shall allow a fee to be fixed,

charged, or collected that is not allowed under any contract

that a fire department has entered into with another entity,

including, but not limited to, a fire protection district.

(Source: P.A. 99-770, eff. 8-12-16; revised 10-31-16.)

(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)

Sec. 11-74.4-3. Definitions. The following terms, wherever

used or referred to in this Division 74.4 shall have the

following respective meanings, unless in any case a different

meaning clearly appears from the context.

(a) For any redevelopment project area that has been

designated pursuant to this Section by an ordinance adopted

prior to November 1, 1999 (the effective date of Public Act

91-478), "blighted area" shall have the meaning set forth in

this Section prior to that date.

On and after November 1, 1999, "blighted area" means any

improved or vacant area within the boundaries of a

redevelopment project area located within the territorial

limits of the municipality where:

(1) If improved, industrial, commercial, and

residential buildings or improvements are detrimental to

the public safety, health, or welfare because of a

combination of 5 or more of the following factors, each of

which is (i) present, with that presence documented, to a

meaningful extent so that a municipality may reasonably

find that the factor is clearly present within the intent

of the Act and (ii) reasonably distributed throughout the

improved part of the redevelopment project area:

(A) Dilapidation. An advanced state of disrepair

or neglect of necessary repairs to the primary

structural components of buildings or improvements in

such a combination that a documented building

condition analysis determines that major repair is

required or the defects are so serious and so extensive

that the buildings must be removed.

(B) Obsolescence. The condition or process of

falling into disuse. Structures have become ill-suited

for the original use.

(C) Deterioration. With respect to buildings,

defects including, but not limited to, major defects in

the secondary building components such as doors,

windows, porches, gutters and downspouts, and fascia.

With respect to surface improvements, that the

condition of roadways, alleys, curbs, gutters,

sidewalks, off-street parking, and surface storage

areas evidence deterioration, including, but not

limited to, surface cracking, crumbling, potholes,

depressions, loose paving material, and weeds

protruding through paved surfaces.

(D) Presence of structures below minimum code

standards. All structures that do not meet the

standards of zoning, subdivision, building, fire, and

other governmental codes applicable to property, but

not including housing and property maintenance codes.

(E) Illegal use of individual structures. The use

of structures in violation of applicable federal,

State, or local laws, exclusive of those applicable to

the presence of structures below minimum code

standards.

(F) Excessive vacancies. The presence of buildings

that are unoccupied or under-utilized and that

represent an adverse influence on the area because of

the frequency, extent, or duration of the vacancies.

(G) Lack of ventilation, light, or sanitary

facilities. The absence of adequate ventilation for

light or air circulation in spaces or rooms without

windows, or that require the removal of dust, odor,

gas, smoke, or other noxious airborne materials.

Inadequate natural light and ventilation means the

absence of skylights or windows for interior spaces or

rooms and improper window sizes and amounts by room

area to window area ratios. Inadequate sanitary

facilities refers to the absence or inadequacy of

garbage storage and enclosure, bathroom facilities,

hot water and kitchens, and structural inadequacies

preventing ingress and egress to and from all rooms and

units within a building.

(H) Inadequate utilities. Underground and overhead

utilities such as storm sewers and storm drainage,

sanitary sewers, water lines, and gas, telephone, and

electrical services that are shown to be inadequate.

Inadequate utilities are those that are: (i) of

insufficient capacity to serve the uses in the

redevelopment project area, (ii) deteriorated,

antiquated, obsolete, or in disrepair, or (iii)

lacking within the redevelopment project area.

(I) Excessive land coverage and overcrowding of

structures and community facilities. The

over-intensive use of property and the crowding of

buildings and accessory facilities onto a site.

Examples of problem conditions warranting the

designation of an area as one exhibiting excessive land

coverage are: (i) the presence of buildings either

improperly situated on parcels or located on parcels of

inadequate size and shape in relation to present-day

standards of development for health and safety and (ii)

the presence of multiple buildings on a single parcel.

For there to be a finding of excessive land coverage,

these parcels must exhibit one or more of the following

conditions: insufficient provision for light and air

within or around buildings, increased threat of spread

of fire due to the close proximity of buildings, lack

of adequate or proper access to a public right-of-way,

lack of reasonably required off-street parking, or

inadequate provision for loading and service.

(J) Deleterious land use or layout. The existence

of incompatible land-use relationships, buildings

occupied by inappropriate mixed-uses, or uses

considered to be noxious, offensive, or unsuitable for

the surrounding area.

(K) Environmental clean-up. The proposed

redevelopment project area has incurred Illinois

Environmental Protection Agency or United States

Environmental Protection Agency remediation costs for,

or a study conducted by an independent consultant

recognized as having expertise in environmental

remediation has determined a need for, the clean-up of

hazardous waste, hazardous substances, or underground

storage tanks required by State or federal law,

provided that the remediation costs constitute a

material impediment to the development or

redevelopment of the redevelopment project area.

(L) Lack of community planning. The proposed

redevelopment project area was developed prior to or

without the benefit or guidance of a community plan.

This means that the development occurred prior to the

adoption by the municipality of a comprehensive or

other community plan or that the plan was not followed

at the time of the area's development. This factor must

be documented by evidence of adverse or incompatible

land-use relationships, inadequate street layout,

improper subdivision, parcels of inadequate shape and

size to meet contemporary development standards, or

other evidence demonstrating an absence of effective

community planning.

(M) The total equalized assessed value of the

proposed redevelopment project area has declined for 3

of the last 5 calendar years prior to the year in which

the redevelopment project area is designated or is

increasing at an annual rate that is less than the

balance of the municipality for 3 of the last 5

calendar years for which information is available or is

increasing at an annual rate that is less than the

Consumer Price Index for All Urban Consumers published

by the United States Department of Labor or successor

agency for 3 of the last 5 calendar years prior to the

year in which the redevelopment project area is

designated.

(2) If vacant, the sound growth of the redevelopment

project area is impaired by a combination of 2 or more of

the following factors, each of which is (i) present, with

that presence documented, to a meaningful extent so that a

municipality may reasonably find that the factor is clearly

present within the intent of the Act and (ii) reasonably

distributed throughout the vacant part of the

redevelopment project area to which it pertains:

(A) Obsolete platting of vacant land that results

in parcels of limited or narrow size or configurations

of parcels of irregular size or shape that would be

difficult to develop on a planned basis and in a manner

compatible with contemporary standards and

requirements, or platting that failed to create

rights-of-ways for streets or alleys or that created

inadequate right-of-way widths for streets, alleys, or

other public rights-of-way or that omitted easements

for public utilities.

(B) Diversity of ownership of parcels of vacant

land sufficient in number to retard or impede the

ability to assemble the land for development.

(C) Tax and special assessment delinquencies exist

or the property has been the subject of tax sales under

the Property Tax Code within the last 5 years.

(D) Deterioration of structures or site

improvements in neighboring areas adjacent to the

vacant land.

(E) The area has incurred Illinois Environmental

Protection Agency or United States Environmental

Protection Agency remediation costs for, or a study

conducted by an independent consultant recognized as

having expertise in environmental remediation has

determined a need for, the clean-up of hazardous waste,

hazardous substances, or underground storage tanks

required by State or federal law, provided that the

remediation costs constitute a material impediment to

the development or redevelopment of the redevelopment

project area.

(F) The total equalized assessed value of the

proposed redevelopment project area has declined for 3

of the last 5 calendar years prior to the year in which

the redevelopment project area is designated or is

increasing at an annual rate that is less than the

balance of the municipality for 3 of the last 5

calendar years for which information is available or is

increasing at an annual rate that is less than the

Consumer Price Index for All Urban Consumers published

by the United States Department of Labor or successor

agency for 3 of the last 5 calendar years prior to the

year in which the redevelopment project area is

designated.

(3) If vacant, the sound growth of the redevelopment

project area is impaired by one of the following factors

that (i) is present, with that presence documented, to a

meaningful extent so that a municipality may reasonably

find that the factor is clearly present within the intent

of the Act and (ii) is reasonably distributed throughout

the vacant part of the redevelopment project area to which

it pertains:

(A) The area consists of one or more unused

quarries, mines, or strip mine ponds.

(B) The area consists of unused rail yards, rail

tracks, or railroad rights-of-way.

(C) The area, prior to its designation, is subject

to (i) chronic flooding that adversely impacts on real

property in the area as certified by a registered

professional engineer or appropriate regulatory agency

or (ii) surface water that discharges from all or a

part of the area and contributes to flooding within the

same watershed, but only if the redevelopment project

provides for facilities or improvements to contribute

to the alleviation of all or part of the flooding.

(D) The area consists of an unused or illegal

disposal site containing earth, stone, building

debris, or similar materials that were removed from

construction, demolition, excavation, or dredge sites.

(E) Prior to November 1, 1999, the area is not less

than 50 nor more than 100 acres and 75% of which is

vacant (notwithstanding that the area has been used for

commercial agricultural purposes within 5 years prior

to the designation of the redevelopment project area),

and the area meets at least one of the factors itemized

in paragraph (1) of this subsection, the area has been

designated as a town or village center by ordinance or

comprehensive plan adopted prior to January 1, 1982,

and the area has not been developed for that designated

purpose.

(F) The area qualified as a blighted improved area

immediately prior to becoming vacant, unless there has

been substantial private investment in the immediately

surrounding area.

(b) For any redevelopment project area that has been

designated pursuant to this Section by an ordinance adopted

prior to November 1, 1999 (the effective date of Public Act

91-478), "conservation area" shall have the meaning set forth

in this Section prior to that date.

On and after November 1, 1999, "conservation area" means

any improved area within the boundaries of a redevelopment

project area located within the territorial limits of the

municipality in which 50% or more of the structures in the area

have an age of 35 years or more. Such an area is not yet a

blighted area but because of a combination of 3 or more of the

following factors is detrimental to the public safety, health,

morals or welfare and such an area may become a blighted area:

(1) Dilapidation. An advanced state of disrepair or

neglect of necessary repairs to the primary structural

components of buildings or improvements in such a

combination that a documented building condition analysis

determines that major repair is required or the defects are

so serious and so extensive that the buildings must be

removed.

(2) Obsolescence. The condition or process of falling

into disuse. Structures have become ill-suited for the

original use.

(3) Deterioration. With respect to buildings, defects

including, but not limited to, major defects in the

secondary building components such as doors, windows,

porches, gutters and downspouts, and fascia. With respect

to surface improvements, that the condition of roadways,

alleys, curbs, gutters, sidewalks, off-street parking, and

surface storage areas evidence deterioration, including,

but not limited to, surface cracking, crumbling, potholes,

depressions, loose paving material, and weeds protruding

through paved surfaces.

(4) Presence of structures below minimum code

standards. All structures that do not meet the standards of

zoning, subdivision, building, fire, and other

governmental codes applicable to property, but not

including housing and property maintenance codes.

(5) Illegal use of individual structures. The use of

structures in violation of applicable federal, State, or

local laws, exclusive of those applicable to the presence

of structures below minimum code standards.

(6) Excessive vacancies. The presence of buildings

that are unoccupied or under-utilized and that represent an

adverse influence on the area because of the frequency,

extent, or duration of the vacancies.

(7) Lack of ventilation, light, or sanitary

facilities. The absence of adequate ventilation for light

or air circulation in spaces or rooms without windows, or

that require the removal of dust, odor, gas, smoke, or

other noxious airborne materials. Inadequate natural light

and ventilation means the absence or inadequacy of

skylights or windows for interior spaces or rooms and

improper window sizes and amounts by room area to window

area ratios. Inadequate sanitary facilities refers to the

absence or inadequacy of garbage storage and enclosure,

bathroom facilities, hot water and kitchens, and

structural inadequacies preventing ingress and egress to

and from all rooms and units within a building.

(8) Inadequate utilities. Underground and overhead

utilities such as storm sewers and storm drainage, sanitary

sewers, water lines, and gas, telephone, and electrical

services that are shown to be inadequate. Inadequate

utilities are those that are: (i) of insufficient capacity

to serve the uses in the redevelopment project area, (ii)

deteriorated, antiquated, obsolete, or in disrepair, or

(iii) lacking within the redevelopment project area.

(9) Excessive land coverage and overcrowding of

structures and community facilities. The over-intensive

use of property and the crowding of buildings and accessory

facilities onto a site. Examples of problem conditions

warranting the designation of an area as one exhibiting

excessive land coverage are: the presence of buildings

either improperly situated on parcels or located on parcels

of inadequate size and shape in relation to present-day

standards of development for health and safety and the

presence of multiple buildings on a single parcel. For

there to be a finding of excessive land coverage, these

parcels must exhibit one or more of the following

conditions: insufficient provision for light and air

within or around buildings, increased threat of spread of

fire due to the close proximity of buildings, lack of

adequate or proper access to a public right-of-way, lack of

reasonably required off-street parking, or inadequate

provision for loading and service.

(10) Deleterious land use or layout. The existence of

incompatible land-use relationships, buildings occupied by

inappropriate mixed-uses, or uses considered to be

noxious, offensive, or unsuitable for the surrounding

area.

(11) Lack of community planning. The proposed

redevelopment project area was developed prior to or

without the benefit or guidance of a community plan. This

means that the development occurred prior to the adoption

by the municipality of a comprehensive or other community

plan or that the plan was not followed at the time of the

area's development. This factor must be documented by

evidence of adverse or incompatible land-use

relationships, inadequate street layout, improper

subdivision, parcels of inadequate shape and size to meet

contemporary development standards, or other evidence

demonstrating an absence of effective community planning.

(12) The area has incurred Illinois Environmental

Protection Agency or United States Environmental

Protection Agency remediation costs for, or a study

conducted by an independent consultant recognized as

having expertise in environmental remediation has

determined a need for, the clean-up of hazardous waste,

hazardous substances, or underground storage tanks

required by State or federal law, provided that the

remediation costs constitute a material impediment to the

development or redevelopment of the redevelopment project

area.

(13) The total equalized assessed value of the proposed

redevelopment project area has declined for 3 of the last 5

calendar years for which information is available or is

increasing at an annual rate that is less than the balance

of the municipality for 3 of the last 5 calendar years for

which information is available or is increasing at an

annual rate that is less than the Consumer Price Index for

All Urban Consumers published by the United States

Department of Labor or successor agency for 3 of the last 5

calendar years for which information is available.

(c) "Industrial park" means an area in a blighted or

conservation area suitable for use by any manufacturing,

industrial, research or transportation enterprise, of

facilities to include but not be limited to factories, mills,

processing plants, assembly plants, packing plants,

fabricating plants, industrial distribution centers,

warehouses, repair overhaul or service facilities, freight

terminals, research facilities, test facilities or railroad

facilities.

(d) "Industrial park conservation area" means an area

within the boundaries of a redevelopment project area located

within the territorial limits of a municipality that is a labor

surplus municipality or within 1 1/2 miles of the territorial

limits of a municipality that is a labor surplus municipality

if the area is annexed to the municipality; which area is zoned

as industrial no later than at the time the municipality by

ordinance designates the redevelopment project area, and which

area includes both vacant land suitable for use as an

industrial park and a blighted area or conservation area

contiguous to such vacant land.

(e) "Labor surplus municipality" means a municipality in

which, at any time during the 6 months before the municipality

by ordinance designates an industrial park conservation area,

the unemployment rate was over 6% and was also 100% or more of

the national average unemployment rate for that same time as

published in the United States Department of Labor Bureau of

Labor Statistics publication entitled "The Employment

Situation" or its successor publication. For the purpose of

this subsection, if unemployment rate statistics for the

municipality are not available, the unemployment rate in the

municipality shall be deemed to be the same as the unemployment

rate in the principal county in which the municipality is

located.

(f) "Municipality" shall mean a city, village,

incorporated town, or a township that is located in the

unincorporated portion of a county with 3 million or more

inhabitants, if the county adopted an ordinance that approved

the township's redevelopment plan.

(g) "Initial Sales Tax Amounts" means the amount of taxes

paid under the Retailers' Occupation Tax Act, Use Tax Act,

Service Use Tax Act, the Service Occupation Tax Act, the

Municipal Retailers' Occupation Tax Act, and the Municipal

Service Occupation Tax Act by retailers and servicemen on

transactions at places located in a State Sales Tax Boundary

during the calendar year 1985.

(g-1) "Revised Initial Sales Tax Amounts" means the amount

of taxes paid under the Retailers' Occupation Tax Act, Use Tax

Act, Service Use Tax Act, the Service Occupation Tax Act, the

Municipal Retailers' Occupation Tax Act, and the Municipal

Service Occupation Tax Act by retailers and servicemen on

transactions at places located within the State Sales Tax

Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.

(h) "Municipal Sales Tax Increment" means an amount equal

to the increase in the aggregate amount of taxes paid to a

municipality from the Local Government Tax Fund arising from

sales by retailers and servicemen within the redevelopment

project area or State Sales Tax Boundary, as the case may be,

for as long as the redevelopment project area or State Sales

Tax Boundary, as the case may be, exist over and above the

aggregate amount of taxes as certified by the Illinois

Department of Revenue and paid under the Municipal Retailers'

Occupation Tax Act and the Municipal Service Occupation Tax Act

by retailers and servicemen, on transactions at places of

business located in the redevelopment project area or State

Sales Tax Boundary, as the case may be, during the base year

which shall be the calendar year immediately prior to the year

in which the municipality adopted tax increment allocation

financing. For purposes of computing the aggregate amount of

such taxes for base years occurring prior to 1985, the

Department of Revenue shall determine the Initial Sales Tax

Amounts for such taxes and deduct therefrom an amount equal to

4% of the aggregate amount of taxes per year for each year the

base year is prior to 1985, but not to exceed a total deduction

of 12%. The amount so determined shall be known as the

"Adjusted Initial Sales Tax Amounts". For purposes of

determining the Municipal Sales Tax Increment, the Department

of Revenue shall for each period subtract from the amount paid

to the municipality from the Local Government Tax Fund arising

from sales by retailers and servicemen on transactions located

in the redevelopment project area or the State Sales Tax

Boundary, as the case may be, the certified Initial Sales Tax

Amounts, the Adjusted Initial Sales Tax Amounts or the Revised

Initial Sales Tax Amounts for the Municipal Retailers'

Occupation Tax Act and the Municipal Service Occupation Tax

Act. For the State Fiscal Year 1989, this calculation shall be

made by utilizing the calendar year 1987 to determine the tax

amounts received. For the State Fiscal Year 1990, this

calculation shall be made by utilizing the period from January

1, 1988, until September 30, 1988, to determine the tax amounts

received from retailers and servicemen pursuant to the

Municipal Retailers' Occupation Tax and the Municipal Service

Occupation Tax Act, which shall have deducted therefrom

nine-twelfths of the certified Initial Sales Tax Amounts, the

Adjusted Initial Sales Tax Amounts or the Revised Initial Sales

Tax Amounts as appropriate. For the State Fiscal Year 1991,

this calculation shall be made by utilizing the period from

October 1, 1988, to June 30, 1989, to determine the tax amounts

received from retailers and servicemen pursuant to the

Municipal Retailers' Occupation Tax and the Municipal Service

Occupation Tax Act which shall have deducted therefrom

nine-twelfths of the certified Initial Sales Tax Amounts,

Adjusted Initial Sales Tax Amounts or the Revised Initial Sales

Tax Amounts as appropriate. For every State Fiscal Year

thereafter, the applicable period shall be the 12 months

beginning July 1 and ending June 30 to determine the tax

amounts received which shall have deducted therefrom the

certified Initial Sales Tax Amounts, the Adjusted Initial Sales

Tax Amounts or the Revised Initial Sales Tax Amounts, as the

case may be.

(i) "Net State Sales Tax Increment" means the sum of the

following: (a) 80% of the first $100,000 of State Sales Tax

Increment annually generated within a State Sales Tax Boundary;

(b) 60% of the amount in excess of $100,000 but not exceeding

$500,000 of State Sales Tax Increment annually generated within

a State Sales Tax Boundary; and (c) 40% of all amounts in

excess of $500,000 of State Sales Tax Increment annually

generated within a State Sales Tax Boundary. If, however, a

municipality established a tax increment financing district in

a county with a population in excess of 3,000,000 before

January 1, 1986, and the municipality entered into a contract

or issued bonds after January 1, 1986, but before December 31,

1986, to finance redevelopment project costs within a State

Sales Tax Boundary, then the Net State Sales Tax Increment

means, for the fiscal years beginning July 1, 1990, and July 1,

1991, 100% of the State Sales Tax Increment annually generated

within a State Sales Tax Boundary; and notwithstanding any

other provision of this Act, for those fiscal years the

Department of Revenue shall distribute to those municipalities

100% of their Net State Sales Tax Increment before any

distribution to any other municipality and regardless of

whether or not those other municipalities will receive 100% of

their Net State Sales Tax Increment. For Fiscal Year 1999, and

every year thereafter until the year 2007, for any municipality

that has not entered into a contract or has not issued bonds

prior to June 1, 1988 to finance redevelopment project costs

within a State Sales Tax Boundary, the Net State Sales Tax

Increment shall be calculated as follows: By multiplying the

Net State Sales Tax Increment by 90% in the State Fiscal Year

1999; 80% in the State Fiscal Year 2000; 70% in the State

Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the

State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%

in the State Fiscal Year 2005; 20% in the State Fiscal Year

2006; and 10% in the State Fiscal Year 2007. No payment shall

be made for State Fiscal Year 2008 and thereafter.

Municipalities that issued bonds in connection with a

redevelopment project in a redevelopment project area within

the State Sales Tax Boundary prior to July 29, 1991, or that

entered into contracts in connection with a redevelopment

project in a redevelopment project area before June 1, 1988,

shall continue to receive their proportional share of the

Illinois Tax Increment Fund distribution until the date on

which the redevelopment project is completed or terminated. If,

however, a municipality that issued bonds in connection with a

redevelopment project in a redevelopment project area within

the State Sales Tax Boundary prior to July 29, 1991 retires the

bonds prior to June 30, 2007 or a municipality that entered

into contracts in connection with a redevelopment project in a

redevelopment project area before June 1, 1988 completes the

contracts prior to June 30, 2007, then so long as the

redevelopment project is not completed or is not terminated,

the Net State Sales Tax Increment shall be calculated,

beginning on the date on which the bonds are retired or the

contracts are completed, as follows: By multiplying the Net

State Sales Tax Increment by 60% in the State Fiscal Year 2002;

50% in the State Fiscal Year 2003; 40% in the State Fiscal Year

2004; 30% in the State Fiscal Year 2005; 20% in the State

Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No

payment shall be made for State Fiscal Year 2008 and

thereafter. Refunding of any bonds issued prior to July 29,

1991, shall not alter the Net State Sales Tax Increment.

(j) "State Utility Tax Increment Amount" means an amount

equal to the aggregate increase in State electric and gas tax

charges imposed on owners and tenants, other than residential

customers, of properties located within the redevelopment

project area under Section 9-222 of the Public Utilities Act,

over and above the aggregate of such charges as certified by

the Department of Revenue and paid by owners and tenants, other

than residential customers, of properties within the

redevelopment project area during the base year, which shall be

the calendar year immediately prior to the year of the adoption

of the ordinance authorizing tax increment allocation

financing.

(k) "Net State Utility Tax Increment" means the sum of the

following: (a) 80% of the first $100,000 of State Utility Tax

Increment annually generated by a redevelopment project area;

(b) 60% of the amount in excess of $100,000 but not exceeding

$500,000 of the State Utility Tax Increment annually generated

by a redevelopment project area; and (c) 40% of all amounts in

excess of $500,000 of State Utility Tax Increment annually

generated by a redevelopment project area. For the State Fiscal

Year 1999, and every year thereafter until the year 2007, for

any municipality that has not entered into a contract or has

not issued bonds prior to June 1, 1988 to finance redevelopment

project costs within a redevelopment project area, the Net

State Utility Tax Increment shall be calculated as follows: By

multiplying the Net State Utility Tax Increment by 90% in the

State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%

in the State Fiscal Year 2001; 60% in the State Fiscal Year

2002; 50% in the State Fiscal Year 2003; 40% in the State

Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the

State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.

No payment shall be made for the State Fiscal Year 2008 and

thereafter.

Municipalities that issue bonds in connection with the

redevelopment project during the period from June 1, 1988 until

3 years after the effective date of this Amendatory Act of 1988

shall receive the Net State Utility Tax Increment, subject to

appropriation, for 15 State Fiscal Years after the issuance of

such bonds. For the 16th through the 20th State Fiscal Years

after issuance of the bonds, the Net State Utility Tax

Increment shall be calculated as follows: By multiplying the

Net State Utility Tax Increment by 90% in year 16; 80% in year

17; 70% in year 18; 60% in year 19; and 50% in year 20.

Refunding of any bonds issued prior to June 1, 1988, shall not

alter the revised Net State Utility Tax Increment payments set

forth above.

(l) "Obligations" mean bonds, loans, debentures, notes,

special certificates or other evidence of indebtedness issued

by the municipality to carry out a redevelopment project or to

refund outstanding obligations.

(m) "Payment in lieu of taxes" means those estimated tax

revenues from real property in a redevelopment project area

derived from real property that has been acquired by a

municipality which according to the redevelopment project or

plan is to be used for a private use which taxing districts

would have received had a municipality not acquired the real

property and adopted tax increment allocation financing and

which would result from levies made after the time of the

adoption of tax increment allocation financing to the time the

current equalized value of real property in the redevelopment

project area exceeds the total initial equalized value of real

property in said area.

(n) "Redevelopment plan" means the comprehensive program

of the municipality for development or redevelopment intended

by the payment of redevelopment project costs to reduce or

eliminate those conditions the existence of which qualified the

redevelopment project area as a "blighted area" or

"conservation area" or combination thereof or "industrial park

conservation area," and thereby to enhance the tax bases of the

taxing districts which extend into the redevelopment project

area, provided that, with respect to redevelopment project

areas described in subsections (p-1) and (p-2), "redevelopment

plan" means the comprehensive program of the affected

municipality for the development of qualifying transit

facilities. On and after November 1, 1999 (the effective date

of Public Act 91-478), no redevelopment plan may be approved or

amended that includes the development of vacant land (i) with a

golf course and related clubhouse and other facilities or (ii)

designated by federal, State, county, or municipal government

as public land for outdoor recreational activities or for

nature preserves and used for that purpose within 5 years prior

to the adoption of the redevelopment plan. For the purpose of

this subsection, "recreational activities" is limited to mean

camping and hunting. Each redevelopment plan shall set forth in

writing the program to be undertaken to accomplish the

objectives and shall include but not be limited to:

(A) an itemized list of estimated redevelopment

project costs;

(B) evidence indicating that the redevelopment project

area on the whole has not been subject to growth and

development through investment by private enterprise,

provided that such evidence shall not be required for any

redevelopment project area located within a transit

facility improvement area established pursuant to Section

11-74.4-3.3;

(C) an assessment of any financial impact of the

redevelopment project area on or any increased demand for

services from any taxing district affected by the plan and

any program to address such financial impact or increased

demand;

(D) the sources of funds to pay costs;

(E) the nature and term of the obligations to be

issued;

(F) the most recent equalized assessed valuation of the

redevelopment project area;

(G) an estimate as to the equalized assessed valuation

after redevelopment and the general land uses to apply in

the redevelopment project area;

(H) a commitment to fair employment practices and an

affirmative action plan;

(I) if it concerns an industrial park conservation

area, the plan shall also include a general description of

any proposed developer, user and tenant of any property, a

description of the type, structure and general character of

the facilities to be developed, a description of the type,

class and number of new employees to be employed in the

operation of the facilities to be developed; and

(J) if property is to be annexed to the municipality,

the plan shall include the terms of the annexation

agreement.

The provisions of items (B) and (C) of this subsection (n)

shall not apply to a municipality that before March 14, 1994

(the effective date of Public Act 88-537) had fixed, either by

its corporate authorities or by a commission designated under

subsection (k) of Section 11-74.4-4, a time and place for a

public hearing as required by subsection (a) of Section

11-74.4-5. No redevelopment plan shall be adopted unless a

municipality complies with all of the following requirements:

(1) The municipality finds that the redevelopment

project area on the whole has not been subject to growth

and development through investment by private enterprise

and would not reasonably be anticipated to be developed

without the adoption of the redevelopment plan, provided,

however, that such a finding shall not be required with

respect to any redevelopment project area located within a

transit facility improvement area established pursuant to

Section 11-74.4-3.3.

(2) The municipality finds that the redevelopment plan

and project conform to the comprehensive plan for the

development of the municipality as a whole, or, for

municipalities with a population of 100,000 or more,

regardless of when the redevelopment plan and project was

adopted, the redevelopment plan and project either: (i)

conforms to the strategic economic development or

redevelopment plan issued by the designated planning

authority of the municipality, or (ii) includes land uses

that have been approved by the planning commission of the

municipality.

(3) The redevelopment plan establishes the estimated

dates of completion of the redevelopment project and

retirement of obligations issued to finance redevelopment

project costs. Those dates may not be later than the dates

set forth under Section 11-74.4-3.5.

A municipality may by municipal ordinance amend an

existing redevelopment plan to conform to this paragraph

(3) as amended by Public Act 91-478, which municipal

ordinance may be adopted without further hearing or notice

and without complying with the procedures provided in this

Act pertaining to an amendment to or the initial approval

of a redevelopment plan and project and designation of a

redevelopment project area.

(3.5) The municipality finds, in the case of an

industrial park conservation area, also that the

municipality is a labor surplus municipality and that the

implementation of the redevelopment plan will reduce

unemployment, create new jobs and by the provision of new

facilities enhance the tax base of the taxing districts

that extend into the redevelopment project area.

(4) If any incremental revenues are being utilized

under Section 8(a)(1) or 8(a)(2) of this Act in

redevelopment project areas approved by ordinance after

January 1, 1986, the municipality finds: (a) that the

redevelopment project area would not reasonably be

developed without the use of such incremental revenues, and

(b) that such incremental revenues will be exclusively

utilized for the development of the redevelopment project

area.

(5) If: (a) the redevelopment plan will not result in

displacement of residents from 10 or more inhabited

residential units, and the municipality certifies in the

plan that such displacement will not result from the plan;

or (b) the redevelopment plan is for a redevelopment

project area located within a transit facility improvement

area established pursuant to Section 11-74.4-3.3, and the

applicable project is subject to the process for evaluation

of environmental effects under the National Environmental

Policy Act of 1969, 42 U.S.C. § 4321 et seq., then a

housing impact study need not be performed. If, however,

the redevelopment plan would result in the displacement of

residents from 10 or more inhabited residential units, or

if the redevelopment project area contains 75 or more

inhabited residential units and no certification is made,

then the municipality shall prepare, as part of the

separate feasibility report required by subsection (a) of

Section 11-74.4-5, a housing impact study.

Part I of the housing impact study shall include (i)

data as to whether the residential units are single family

or multi-family units, (ii) the number and type of rooms

within the units, if that information is available, (iii)

whether the units are inhabited or uninhabited, as

determined not less than 45 days before the date that the

ordinance or resolution required by subsection (a) of

Section 11-74.4-5 is passed, and (iv) data as to the racial

and ethnic composition of the residents in the inhabited

residential units. The data requirement as to the racial

and ethnic composition of the residents in the inhabited

residential units shall be deemed to be fully satisfied by

data from the most recent federal census.

Part II of the housing impact study shall identify the

inhabited residential units in the proposed redevelopment

project area that are to be or may be removed. If inhabited

residential units are to be removed, then the housing

impact study shall identify (i) the number and location of

those units that will or may be removed, (ii) the

municipality's plans for relocation assistance for those

residents in the proposed redevelopment project area whose

residences are to be removed, (iii) the availability of

replacement housing for those residents whose residences

are to be removed, and shall identify the type, location,

and cost of the housing, and (iv) the type and extent of

relocation assistance to be provided.

(6) On and after November 1, 1999, the housing impact

study required by paragraph (5) shall be incorporated in

the redevelopment plan for the redevelopment project area.

(7) On and after November 1, 1999, no redevelopment

plan shall be adopted, nor an existing plan amended, nor

shall residential housing that is occupied by households of

low-income and very low-income persons in currently

existing redevelopment project areas be removed after

November 1, 1999 unless the redevelopment plan provides,

with respect to inhabited housing units that are to be

removed for households of low-income and very low-income

persons, affordable housing and relocation assistance not

less than that which would be provided under the federal

Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 and the regulations under

that Act, including the eligibility criteria. Affordable

housing may be either existing or newly constructed

housing. For purposes of this paragraph (7), "low-income

households", "very low-income households", and "affordable

housing" have the meanings set forth in the Illinois

Affordable Housing Act. The municipality shall make a good

faith effort to ensure that this affordable housing is

located in or near the redevelopment project area within

the municipality.

(8) On and after November 1, 1999, if, after the

adoption of the redevelopment plan for the redevelopment

project area, any municipality desires to amend its

redevelopment plan to remove more inhabited residential

units than specified in its original redevelopment plan,

that change shall be made in accordance with the procedures

in subsection (c) of Section 11-74.4-5.

(9) For redevelopment project areas designated prior

to November 1, 1999, the redevelopment plan may be amended

without further joint review board meeting or hearing,

provided that the municipality shall give notice of any

such changes by mail to each affected taxing district and

registrant on the interested party registry, to authorize

the municipality to expend tax increment revenues for

redevelopment project costs defined by paragraphs (5) and

(7.5), subparagraphs (E) and (F) of paragraph (11), and

paragraph (11.5) of subsection (q) of Section 11-74.4-3, so

long as the changes do not increase the total estimated

redevelopment project costs set out in the redevelopment

plan by more than 5% after adjustment for inflation from

the date the plan was adopted.

(o) "Redevelopment project" means any public and private

development project in furtherance of the objectives of a

redevelopment plan. On and after November 1, 1999 (the

effective date of Public Act 91-478), no redevelopment plan may

be approved or amended that includes the development of vacant

land (i) with a golf course and related clubhouse and other

facilities or (ii) designated by federal, State, county, or

municipal government as public land for outdoor recreational

activities or for nature preserves and used for that purpose

within 5 years prior to the adoption of the redevelopment plan.

For the purpose of this subsection, "recreational activities"

is limited to mean camping and hunting.

(p) "Redevelopment project area" means an area designated

by the municipality, which is not less in the aggregate than 1

1/2 acres and in respect to which the municipality has made a

finding that there exist conditions which cause the area to be

classified as an industrial park conservation area or a

blighted area or a conservation area, or a combination of both

blighted areas and conservation areas.

(p-1) Notwithstanding any provision of this Act to the

contrary, on and after August 25, 2009 (the effective date of

Public Act 96-680), a redevelopment project area may include

areas within a one-half mile radius of an existing or proposed

Regional Transportation Authority Suburban Transit Access

Route (STAR Line) station without a finding that the area is

classified as an industrial park conservation area, a blighted

area, a conservation area, or a combination thereof, but only

if the municipality receives unanimous consent from the joint

review board created to review the proposed redevelopment

project area.

(p-2) Notwithstanding any provision of this Act to the

contrary, on and after the effective date of this amendatory

Act of the 99th General Assembly, a redevelopment project area

may include areas within a transit facility improvement area

that has been established pursuant to Section 11-74.4-3.3

without a finding that the area is classified as an industrial

park conservation area, a blighted area, a conservation area,

or any combination thereof.

(q) "Redevelopment project costs", except for

redevelopment project areas created pursuant to subsection

subsections (p-1) or (p-2), means and includes the sum total of

all reasonable or necessary costs incurred or estimated to be

incurred, and any such costs incidental to a redevelopment plan

and a redevelopment project. Such costs include, without

limitation, the following:

(1) Costs of studies, surveys, development of plans,

and specifications, implementation and administration of

the redevelopment plan 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; except that on and after November 1, 1999 (the

effective date of Public Act 91-478), 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. In

addition, "redevelopment project costs" shall not include

lobbying expenses. After consultation with the

municipality, each tax increment consultant or advisor to a

municipality that plans to designate or has designated a

redevelopment project area shall inform the municipality

in writing of any contracts that the consultant or advisor

has entered into with entities or individuals that have

received, or are receiving, payments financed by tax

increment revenues produced by the redevelopment project

area with respect to which the consultant or advisor has

performed, or will be performing, service for the

municipality. This requirement shall be satisfied by the

consultant or advisor before the commencement of services

for the municipality and thereafter whenever any other

contracts with those individuals or entities are executed

by the consultant or advisor;

(1.5) After July 1, 1999, annual administrative costs

shall not include general overhead or administrative costs

of the municipality that would still have been incurred by

the municipality if the municipality had not designated a

redevelopment project area or approved a redevelopment

plan;

(1.6) The cost of marketing sites within the

redevelopment project area to prospective businesses,

developers, and investors;

(2) Property assembly costs, including but not limited

to acquisition of land and other property, real or

personal, or rights or interests therein, 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, and the clearing and grading of land;

(3) Costs of rehabilitation, reconstruction or repair

or remodeling of existing public or private buildings,

fixtures, and leasehold improvements; and the cost of

replacing an existing public building if pursuant to the

implementation of a redevelopment project the existing

public building is to be demolished to use the site for

private investment or devoted to a different use requiring

private investment; including any direct or indirect costs

relating to Green Globes or LEED certified construction

elements or construction elements with an equivalent

certification;

(4) Costs of the construction of public works or

improvements, including any direct or indirect costs

relating to Green Globes or LEED certified construction

elements or construction elements with an equivalent

certification, except that on and after November 1, 1999,

redevelopment 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 as provided under paragraph (3) of subsection (q)

of Section 11-74.4-3 unless either (i) the construction of

the new municipal building implements a redevelopment

project that was included in a redevelopment plan that was

adopted by the municipality prior to November 1, 1999, (ii)

the municipality makes a reasonable determination in the

redevelopment plan, 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 redevelopment plan, or (iii) the new

municipal public building is for the storage, maintenance,

or repair of transit vehicles and is located in a transit

facility improvement area that has been established

pursuant to Section 11-74.4-3.3;

(5) Costs of job training and retraining projects,

including the cost of "welfare to work" programs

implemented by businesses located within the redevelopment

project area;

(6) 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

redevelopment project for which such obligations are

issued and for not exceeding 36 months thereafter and

including reasonable reserves related thereto;

(7) To the extent the municipality by written agreement

accepts and approves the same, all or a portion of a taxing

district's capital costs resulting from the redevelopment

project necessarily incurred or to be incurred within a

taxing district in furtherance of the objectives of the

redevelopment plan and project; .

(7.5) For redevelopment project areas designated (or

redevelopment project areas amended to add or increase the

number of tax-increment-financing assisted housing units)

on or after November 1, 1999, an elementary, secondary, or

unit school district's increased costs attributable to

assisted housing units located within the redevelopment

project area for which the developer or redeveloper

receives financial assistance through an agreement with

the municipality or because the municipality incurs the

cost of necessary infrastructure improvements within the

boundaries of the assisted housing sites necessary for the

completion of that housing as authorized by this Act, and

which costs shall be paid by the municipality from the

Special Tax Allocation Fund when the tax increment revenue

is received as a result of the assisted housing units and

shall be calculated annually as follows:

(A) for foundation districts, excluding any school

district in a municipality with a population in excess

of 1,000,000, by multiplying the district's increase

in attendance resulting from the net increase in new

students enrolled in that school district who reside in

housing units within the redevelopment project area

that have received financial assistance through an

agreement with the municipality or because the

municipality incurs the cost of necessary

infrastructure improvements within the boundaries of

the housing sites necessary for the completion of that

housing as authorized by this Act since the designation

of the redevelopment project area by the most recently

available per capita tuition cost as defined in Section

10-20.12a of the School Code less any increase in

general State aid as defined in Section 18-8.05 of the

School Code attributable to these added new students

subject to the following annual limitations:

(i) for unit school districts with a district

average 1995-96 Per Capita Tuition Charge of less

than $5,900, no more than 25% of the total amount

of property tax increment revenue produced by

those housing units that have received tax

increment finance assistance under this Act;

(ii) for elementary school districts with a

district average 1995-96 Per Capita Tuition Charge

of less than $5,900, no more than 17% of the total

amount of property tax increment revenue produced

by those housing units that have received tax

increment finance assistance under this Act; and

(iii) for secondary school districts with a

district average 1995-96 Per Capita Tuition Charge

of less than $5,900, no more than 8% of the total

amount of property tax increment revenue produced

by those housing units that have received tax

increment finance assistance under this Act.

(B) For alternate method districts, flat grant

districts, and foundation districts with a district

average 1995-96 Per Capita Tuition Charge equal to or

more than $5,900, excluding any school district with a

population in excess of 1,000,000, by multiplying the

district's increase in attendance resulting from the

net increase in new students enrolled in that school

district who reside in housing units within the

redevelopment project area that have received

financial assistance through an agreement with the

municipality or because the municipality incurs the

cost of necessary infrastructure improvements within

the boundaries of the housing sites necessary for the

completion of that housing as authorized by this Act

since the designation of the redevelopment project

area by the most recently available per capita tuition

cost as defined in Section 10-20.12a of the School Code

less any increase in general state aid as defined in

Section 18-8.05 of the School Code attributable to

these added new students subject to the following

annual limitations:

(i) for unit school districts, no more than 40%

of the total amount of property tax increment

revenue produced by those housing units that have

received tax increment finance assistance under

this Act;

(ii) for elementary school districts, no more

than 27% of the total amount of property tax

increment revenue produced by those housing units

that have received tax increment finance

assistance under this Act; and

(iii) for secondary school districts, no more

than 13% of the total amount of property tax

increment revenue produced by those housing units

that have received tax increment finance

assistance under this Act.

(C) For any school district in a municipality with

a population in excess of 1,000,000, the following

restrictions shall apply to the reimbursement of

increased costs under this paragraph (7.5):

(i) no increased costs shall be reimbursed

unless the school district certifies that each of

the schools affected by the assisted housing

project is at or over its student capacity;

(ii) the amount reimbursable shall be reduced

by the value of any land donated to the school

district by the municipality or developer, and by

the value of any physical improvements made to the

schools by the municipality or developer; and

(iii) the amount reimbursed may not affect

amounts otherwise obligated by the terms of any

bonds, notes, or other funding instruments, or the

terms of any redevelopment agreement.

Any school district seeking payment under this

paragraph (7.5) shall, after July 1 and before

September 30 of each year, provide the municipality

with reasonable evidence to support its claim for

reimbursement before the municipality shall be

required to approve or make the payment to the school

district. If the school district fails to provide the

information during this period in any year, it shall

forfeit any claim to reimbursement for that year.

School districts may adopt a resolution waiving the

right to all or a portion of the reimbursement

otherwise required by this paragraph (7.5). By

acceptance of this reimbursement the school district

waives the right to directly or indirectly set aside,

modify, or contest in any manner the establishment of

the redevelopment project area or projects;

(7.7) For redevelopment project areas designated (or

redevelopment project areas amended to add or increase the

number of tax-increment-financing assisted housing units)

on or after January 1, 2005 (the effective date of Public

Act 93-961), a public library district's increased costs

attributable to assisted housing units located within the

redevelopment project area for which the developer or

redeveloper receives financial assistance through an

agreement with the municipality or because the

municipality incurs the cost of necessary infrastructure

improvements within the boundaries of the assisted housing

sites necessary for the completion of that housing as

authorized by this Act shall be paid to the library

district by the municipality from the Special Tax

Allocation Fund when the tax increment revenue is received

as a result of the assisted housing units. This paragraph

(7.7) applies only if (i) the library district is located

in a county that is subject to the Property Tax Extension

Limitation Law or (ii) the library district is not located

in a county that is subject to the Property Tax Extension

Limitation Law but the district is prohibited by any other

law from increasing its tax levy rate without a prior voter

referendum.

The amount paid to a library district under this

paragraph (7.7) shall be calculated by multiplying (i) the

net increase in the number of persons eligible to obtain a

library card in that district who reside in housing units

within the redevelopment project area that have received

financial assistance through an agreement with the

municipality or because the municipality incurs the cost of

necessary infrastructure improvements within the

boundaries of the housing sites necessary for the

completion of that housing as authorized by this Act since

the designation of the redevelopment project area by (ii)

the per-patron cost of providing library services so long

as it does not exceed $120. The per-patron cost shall be

the Total Operating Expenditures Per Capita for the library

in the previous fiscal year. The municipality may deduct

from the amount that it must pay to a library district

under this paragraph any amount that it has voluntarily

paid to the library district from the tax increment

revenue. The amount paid to a library district under this

paragraph (7.7) shall be no more than 2% of the amount

produced by the assisted housing units and deposited into

the Special Tax Allocation Fund.

A library district is not eligible for any payment

under this paragraph (7.7) unless the library district has

experienced an increase in the number of patrons from the

municipality that created the tax-increment-financing

district since the designation of the redevelopment

project area.

Any library district seeking payment under this

paragraph (7.7) shall, after July 1 and before September 30

of each year, provide the municipality with convincing

evidence to support its claim for reimbursement before the

municipality shall be required to approve or make the

payment to the library district. If the library district

fails to provide the information during this period in any

year, it shall forfeit any claim to reimbursement for that

year. Library districts may adopt a resolution waiving the

right to all or a portion of the reimbursement otherwise

required by this paragraph (7.7). By acceptance of such

reimbursement, the library district shall forfeit any

right to directly or indirectly set aside, modify, or

contest in any manner whatsoever the establishment of the

redevelopment project area or projects;

(8) Relocation costs to the extent that a municipality

determines that relocation costs shall be paid or is

required to make payment of relocation costs by federal or

State law or in order to satisfy subparagraph (7) of

subsection (n);

(9) Payment in lieu of taxes;

(10) Costs of job training, retraining, advanced

vocational education or career education, including but

not limited to courses in occupational, semi-technical or

technical fields leading directly to employment, incurred

by one or more taxing districts, provided that such costs

(i) are related to the establishment and maintenance of

additional job training, advanced vocational education or

career education programs for persons employed or to be

employed by employers located in a redevelopment project

area; and (ii) when incurred by a taxing district or taxing

districts other than the municipality, are set forth in a

written agreement by or among the municipality and the

taxing district or taxing districts, which agreement

describes the program to be undertaken, including but not

limited to the number of employees to be trained, a

description of the training and services to be provided,

the number and type of positions available or to be

available, itemized costs of the program and sources of

funds to pay for the same, and the term of the agreement.

Such costs include, specifically, the payment by community

college districts of costs pursuant to Sections 3-37, 3-38,

3-40 and 3-40.1 of the Public Community College Act and by

school districts of costs pursuant to Sections 10-22.20a

and 10-23.3a of the The School Code;

(11) Interest cost incurred by a redeveloper related to

the construction, renovation or rehabilitation of a

redevelopment project provided that:

(A) such costs are to be paid directly from the

special tax allocation fund established pursuant to

this Act;

(B) such payments in any one year may not exceed

30% of the annual interest costs incurred by the

redeveloper with regard to the redevelopment project

during that year;

(C) if there are not sufficient funds available in

the special tax allocation fund to make the payment

pursuant to this paragraph (11) then the amounts so due

shall accrue and be payable when sufficient funds are

available in the special tax allocation fund;

(D) the total of such interest payments paid

pursuant to this Act may not exceed 30% of the total

(i) cost paid or incurred by the redeveloper for the

redevelopment project plus (ii) redevelopment project

costs excluding any property assembly costs and any

relocation costs incurred by a municipality pursuant

to this Act; and

(E) the cost limits set forth in subparagraphs (B)

and (D) of paragraph (11) shall be modified for the

financing of rehabilitated or new housing units for

low-income households and very low-income households,

as defined in Section 3 of the Illinois Affordable

Housing Act. The percentage of 75% shall be substituted

for 30% in subparagraphs (B) and (D) of paragraph (11);

and .

(F) instead Instead of the eligible costs provided

by subparagraphs (B) and (D) of paragraph (11), as

modified by this subparagraph, and notwithstanding any

other provisions of this Act to the contrary, the

municipality may pay from tax increment revenues up to

50% of the cost of construction of new housing units to

be occupied by low-income households and very

low-income households as defined in Section 3 of the

Illinois Affordable Housing Act. The cost of

construction of those units may be derived from the

proceeds of bonds issued by the municipality under this

Act or other constitutional or statutory authority or

from other sources of municipal revenue that may be

reimbursed from tax increment revenues or the proceeds

of bonds issued to finance the construction of that

housing.

The eligible costs provided under this

subparagraph (F) of paragraph (11) shall be an eligible

cost for the construction, renovation, and

rehabilitation of all low and very low-income housing

units, as defined in Section 3 of the Illinois

Affordable Housing Act, within the redevelopment

project area. If the low and very low-income units are

part of a residential redevelopment project that

includes units not affordable to low and very

low-income households, only the low and very

low-income units shall be eligible for benefits under

this subparagraph (F) of paragraph (11). The standards

for maintaining the occupancy by low-income households

and very low-income households, as defined in Section 3

of the Illinois Affordable Housing Act, of those units

constructed with eligible costs made available under

the provisions of this subparagraph (F) of paragraph

(11) shall be established by guidelines adopted by the

municipality. The responsibility for annually

documenting the initial occupancy of the units by

low-income households and very low-income households,

as defined in Section 3 of the Illinois Affordable

Housing Act, shall be that of the then current owner of

the property. For ownership units, the guidelines will

provide, at a minimum, for a reasonable recapture of

funds, or other appropriate methods designed to

preserve the original affordability of the ownership

units. For rental units, the guidelines will provide,

at a minimum, for the affordability of rent to low and

very low-income households. As units become available,

they shall be rented to income-eligible tenants. The

municipality may modify these guidelines from time to

time; the guidelines, however, shall be in effect for

as long as tax increment revenue is being used to pay

for costs associated with the units or for the

retirement of bonds issued to finance the units or for

the life of the redevelopment project area, whichever

is later; .

(11.5) If the redevelopment project area is located

within a municipality with a population of more than

100,000, the cost of day care services for children of

employees from low-income families working for businesses

located within the redevelopment project area and all or a

portion of the cost of operation of day care centers

established by redevelopment project area businesses to

serve employees from low-income families working in

businesses located in the redevelopment project area. For

the purposes of this paragraph, "low-income families"

means families whose annual income does not exceed 80% of

the municipal, county, or regional median income, adjusted

for family size, as the annual income and municipal,

county, or regional median income are determined from time

to time by the United States Department of Housing and

Urban Development.

(12) Unless explicitly stated herein the cost of

construction of new privately-owned buildings shall not be an

eligible redevelopment project cost.

(13) After November 1, 1999 (the effective date of Public

Act 91-478), none of the redevelopment project costs enumerated

in this subsection shall be eligible redevelopment project

costs if those costs would provide direct financial support to

a retail entity initiating operations in the redevelopment

project area while terminating operations at another Illinois

location within 10 miles of the redevelopment project area but

outside the boundaries of the redevelopment project area

municipality. For purposes of this paragraph, termination

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 redevelopment project area, 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 that the current location contained

inadequate space, had become economically obsolete, or was no

longer a viable location for the retailer or serviceman.

(14) No cost shall be a redevelopment project cost in a

redevelopment project area if used to demolish, remove, or

substantially modify a historic resource, after August 26, 2008

(the effective date of Public Act 95-934), unless no prudent

and feasible alternative exists. "Historic resource" for the

purpose of this paragraph item (14) means (i) a place or

structure that is included or eligible for inclusion on the

National Register of Historic Places or (ii) a contributing

structure in a district on the National Register of Historic

Places. This paragraph item (14) does not apply to a place or

structure for which demolition, removal, or modification is

subject to review by the preservation agency of a Certified

Local Government designated as such by the National Park

Service of the United States Department of the Interior.

If a special service area has been established pursuant to

the Special Service Area Tax Act or Special Service Area Tax

Law, then any tax increment revenues derived from the tax

imposed pursuant to the Special Service Area Tax Act or Special

Service Area Tax Law may be used within the redevelopment

project area for the purposes permitted by that Act or Law as

well as the purposes permitted by this Act.

(q-1) For redevelopment project areas created pursuant to

subsection (p-1), redevelopment project costs are limited to

those costs in paragraph (q) that are related to the existing

or proposed Regional Transportation Authority Suburban Transit

Access Route (STAR Line) station.

(q-2) For a redevelopment project area located within a

transit facility improvement area established pursuant to

Section 11-74.4-3.3, redevelopment project costs means those

costs described in subsection (q) that are related to the

construction, reconstruction, rehabilitation, remodeling, or

repair of any existing or proposed transit facility.

(r) "State Sales Tax Boundary" means the redevelopment

project area or the amended redevelopment project area

boundaries which are determined pursuant to subsection (9) of

Section 11-74.4-8a of this Act. The Department of Revenue shall

certify pursuant to subsection (9) of Section 11-74.4-8a the

appropriate boundaries eligible for the determination of State

Sales Tax Increment.

(s) "State Sales Tax Increment" means an amount equal to

the increase in the aggregate amount of taxes paid by retailers

and servicemen, other than retailers and servicemen subject to

the Public Utilities Act, on transactions at places of business

located within a State Sales Tax Boundary pursuant to the

Retailers' Occupation Tax Act, the Use Tax Act, the Service Use

Tax Act, and the Service Occupation Tax Act, except such

portion of such increase that is paid into the State and Local

Sales Tax Reform Fund, the Local Government Distributive Fund,

the Local Government Tax Fund and the County and Mass Transit

District Fund, for as long as State participation exists, over

and above the Initial Sales Tax Amounts, Adjusted Initial Sales

Tax Amounts or the Revised Initial Sales Tax Amounts for such

taxes as certified by the Department of Revenue and paid under

those Acts by retailers and servicemen on transactions at

places of business located within the State Sales Tax Boundary

during the base year which shall be the calendar year

immediately prior to the year in which the municipality adopted

tax increment allocation financing, less 3.0% of such amounts

generated under the Retailers' Occupation Tax Act, Use Tax Act

and Service Use Tax Act and the Service Occupation Tax Act,

which sum shall be appropriated to the Department of Revenue to

cover its costs of administering and enforcing this Section.

For purposes of computing the aggregate amount of such taxes

for base years occurring prior to 1985, the Department of

Revenue shall compute the Initial Sales Tax Amount for such

taxes and deduct therefrom an amount equal to 4% of the

aggregate amount of taxes per year for each year the base year

is prior to 1985, but not to exceed a total deduction of 12%.

The amount so determined shall be known as the "Adjusted

Initial Sales Tax Amount". For purposes of determining the

State Sales Tax Increment the Department of Revenue shall for

each period subtract from the tax amounts received from

retailers and servicemen on transactions located in the State

Sales Tax Boundary, the certified Initial Sales Tax Amounts,

Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax

Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,

the Service Use Tax Act and the Service Occupation Tax Act. For

the State Fiscal Year 1989 this calculation shall be made by

utilizing the calendar year 1987 to determine the tax amounts

received. For the State Fiscal Year 1990, this calculation

shall be made by utilizing the period from January 1, 1988,

until September 30, 1988, to determine the tax amounts received

from retailers and servicemen, which shall have deducted

therefrom nine-twelfths of the certified Initial Sales Tax

Amounts, Adjusted Initial Sales Tax Amounts or the Revised

Initial Sales Tax Amounts as appropriate. For the State Fiscal

Year 1991, this calculation shall be made by utilizing the

period from October 1, 1988, until June 30, 1989, to determine

the tax amounts received from retailers and servicemen, which

shall have deducted therefrom nine-twelfths of the certified

Initial State Sales Tax Amounts, Adjusted Initial Sales Tax

Amounts or the Revised Initial Sales Tax Amounts as

appropriate. For every State Fiscal Year thereafter, the

applicable period shall be the 12 months beginning July 1 and

ending on June 30, to determine the tax amounts received which

shall have deducted therefrom the certified Initial Sales Tax

Amounts, Adjusted Initial Sales Tax Amounts or the Revised

Initial Sales Tax Amounts. Municipalities intending to receive

a distribution of State Sales Tax Increment must report a list

of retailers to the Department of Revenue by October 31, 1988

and by July 31, of each year thereafter.

(t) "Taxing districts" means counties, townships, cities

and incorporated towns and villages, school, road, park,

sanitary, mosquito abatement, forest preserve, public health,

fire protection, river conservancy, tuberculosis sanitarium

and any other municipal corporations or districts with the

power to levy taxes.

(u) "Taxing districts' capital costs" means those costs of

taxing districts for capital improvements that are found by the

municipal corporate authorities to be necessary and directly

result from the redevelopment project.

(v) As used in subsection (a) of Section 11-74.4-3 of this

Act, "vacant land" means any parcel or combination of parcels

of real property without industrial, commercial, and

residential buildings which has not been used for commercial

agricultural purposes within 5 years prior to the designation

of the redevelopment project area, unless the parcel is

included in an industrial park conservation area or the parcel

has been subdivided; provided that if the parcel was part of a

larger tract that has been divided into 3 or more smaller

tracts that were accepted for recording during the period from

1950 to 1990, then the parcel shall be deemed to have been

subdivided, and all proceedings and actions of the municipality

taken in that connection with respect to any previously

approved or designated redevelopment project area or amended

redevelopment project area are hereby validated and hereby

declared to be legally sufficient for all purposes of this Act.

For purposes of this Section and only for land subject to the

subdivision requirements of the Plat Act, land is subdivided

when the original plat of the proposed Redevelopment Project

Area or relevant portion thereof has been properly certified,

acknowledged, approved, and recorded or filed in accordance

with the Plat Act and a preliminary plat, if any, for any

subsequent phases of the proposed Redevelopment Project Area or

relevant portion thereof has been properly approved and filed

in accordance with the applicable ordinance of the

municipality.

(w) "Annual Total Increment" means the sum of each

municipality's annual Net Sales Tax Increment and each

municipality's annual Net Utility Tax Increment. The ratio of

the Annual Total Increment of each municipality to the Annual

Total Increment for all municipalities, as most recently

calculated by the Department, shall determine the proportional

shares of the Illinois Tax Increment Fund to be distributed to

each municipality.

(x) "LEED certified" means any certification level of

construction elements by a qualified Leadership in Energy and

Environmental Design Accredited Professional as determined by

the U.S. Green Building Council.

(y) "Green Globes certified" means any certification level

of construction elements by a qualified Green Globes

Professional as determined by the Green Building Initiative.

(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)

(65 ILCS 5/11-74.4-3.5)

Sec. 11-74.4-3.5. Completion dates for redevelopment

projects.

(a) Unless otherwise stated in this Section, the estimated

dates of completion of the redevelopment project and retirement

of obligations issued to finance redevelopment project costs

(including refunding bonds under Section 11-74.4-7) may not be

later than December 31 of the year in which the payment to the

municipal treasurer, as provided in subsection (b) of Section

11-74.4-8 of this Act, is to be made with respect to ad valorem

taxes levied in the 23rd calendar year after the year in which

the ordinance approving the redevelopment project area was

adopted if the ordinance was adopted on or after January 15,

1981.

(a-5) If the redevelopment project area is located within a

transit facility improvement area established pursuant to

Section 11-74.4-3, the estimated dates of completion of the

redevelopment project and retirement of obligations issued to

finance redevelopment project costs (including refunding bonds

under Section 11-74.4-7) may not be later than December 31 of

the year in which the payment to the municipal treasurer, as

provided in subsection (b) of Section 11-74.4-8 of this Act

amendatory Act of the 99th General Assembly, is to be made with

respect to ad valorem taxes levied in the 35th calendar year

after the year in which the ordinance approving the

redevelopment project area was adopted.

(a-7) A municipality may adopt tax increment financing for

a redevelopment project area located in a transit facility

improvement area that also includes real property located

within an existing redevelopment project area established

prior to August 12, 2016 (the effective date of Public Act

99-792) this amendatory Act of 99th General Assembly. In such

case: (i) the provisions of this Division shall apply with

respect to the previously established redevelopment project

area until the municipality adopts, as required in accordance

with applicable provisions of this Division, an ordinance

dissolving the special tax allocation fund for such

redevelopment project area and terminating the designation of

such redevelopment project area as a redevelopment project

area; and (ii) after the effective date of the ordinance

described in (i), the provisions of this Division shall apply

with respect to the subsequently established redevelopment

project area located in a transit facility improvement area.

(b) The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 32nd

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on September 9, 1999 by the Village of Downs.

The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 33rd

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on May 20, 1985 by the Village of Wheeling.

The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 28th

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted if the ordinance was

adopted on October 12, 1989 by the City of Lawrenceville.

(c) The estimated dates of completion of the redevelopment

project and retirement of obligations issued to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may not be later than December 31 of the

year in which the payment to the municipal treasurer as

provided in subsection (b) of Section 11-74.4-8 of this Act is

to be made with respect to ad valorem taxes levied in the 35th

calendar year after the year in which the ordinance approving

the redevelopment project area was adopted:

(1) If the ordinance was adopted before January 15,

1981.

(2) If the ordinance was adopted in December 1983,

April 1984, July 1985, or December 1989.

(3) If the ordinance was adopted in December 1987 and

the redevelopment project is located within one mile of

Midway Airport.

(4) If the ordinance was adopted before January 1, 1987

by a municipality in Mason County.

(5) If the municipality is subject to the Local

Government Financial Planning and Supervision Act or the

Financially Distressed City Law.

(6) If the ordinance was adopted in December 1984 by

the Village of Rosemont.

(7) If the ordinance was adopted on December 31, 1986

by a municipality located in Clinton County for which at

least $250,000 of tax increment bonds were authorized on

June 17, 1997, or if the ordinance was adopted on December

31, 1986 by a municipality with a population in 1990 of

less than 3,600 that is located in a county with a

population in 1990 of less than 34,000 and for which at

least $250,000 of tax increment bonds were authorized on

June 17, 1997.

(8) If the ordinance was adopted on October 5, 1982 by

the City of Kankakee, or if the ordinance was adopted on

December 29, 1986 by East St. Louis.

(9) If the ordinance was adopted on November 12, 1991

by the Village of Sauget.

(10) If the ordinance was adopted on February 11, 1985

by the City of Rock Island.

(11) If the ordinance was adopted before December 18,

1986 by the City of Moline.

(12) If the ordinance was adopted in September 1988 by

Sauk Village.

(13) If the ordinance was adopted in October 1993 by

Sauk Village.

(14) If the ordinance was adopted on December 29, 1986

by the City of Galva.

(15) If the ordinance was adopted in March 1991 by the

City of Centreville.

(16) If the ordinance was adopted on January 23, 1991

by the City of East St. Louis.

(17) If the ordinance was adopted on December 22, 1986

by the City of Aledo.

(18) If the ordinance was adopted on February 5, 1990

by the City of Clinton.

(19) If the ordinance was adopted on September 6, 1994

by the City of Freeport.

(20) If the ordinance was adopted on December 22, 1986

by the City of Tuscola.

(21) If the ordinance was adopted on December 23, 1986

by the City of Sparta.

(22) If the ordinance was adopted on December 23, 1986

by the City of Beardstown.

(23) If the ordinance was adopted on April 27, 1981,

October 21, 1985, or December 30, 1986 by the City of

Belleville.

(24) If the ordinance was adopted on December 29, 1986

by the City of Collinsville.

(25) If the ordinance was adopted on September 14, 1994

by the City of Alton.

(26) If the ordinance was adopted on November 11, 1996

by the City of Lexington.

(27) If the ordinance was adopted on November 5, 1984

by the City of LeRoy.

(28) If the ordinance was adopted on April 3, 1991 or

June 3, 1992 by the City of Markham.

(29) If the ordinance was adopted on November 11, 1986

by the City of Pekin.

(30) If the ordinance was adopted on December 15, 1981

by the City of Champaign.

(31) If the ordinance was adopted on December 15, 1986

by the City of Urbana.

(32) If the ordinance was adopted on December 15, 1986

by the Village of Heyworth.

(33) If the ordinance was adopted on February 24, 1992

by the Village of Heyworth.

(34) If the ordinance was adopted on March 16, 1995 by

the Village of Heyworth.

(35) If the ordinance was adopted on December 23, 1986

by the Town of Cicero.

(36) If the ordinance was adopted on December 30, 1986

by the City of Effingham.

(37) If the ordinance was adopted on May 9, 1991 by the

Village of Tilton.

(38) If the ordinance was adopted on October 20, 1986

by the City of Elmhurst.

(39) If the ordinance was adopted on January 19, 1988

by the City of Waukegan.

(40) If the ordinance was adopted on September 21, 1998

by the City of Waukegan.

(41) If the ordinance was adopted on December 31, 1986

by the City of Sullivan.

(42) If the ordinance was adopted on December 23, 1991

by the City of Sullivan.

(43) If the ordinance was adopted on December 31, 1986

by the City of Oglesby.

(44) If the ordinance was adopted on July 28, 1987 by

the City of Marion.

(45) If the ordinance was adopted on April 23, 1990 by

the City of Marion.

(46) If the ordinance was adopted on August 20, 1985 by

the Village of Mount Prospect.

(47) If the ordinance was adopted on February 2, 1998

by the Village of Woodhull.

(48) If the ordinance was adopted on April 20, 1993 by

the Village of Princeville.

(49) If the ordinance was adopted on July 1, 1986 by

the City of Granite City.

(50) If the ordinance was adopted on February 2, 1989

by the Village of Lombard.

(51) If the ordinance was adopted on December 29, 1986

by the Village of Gardner.

(52) If the ordinance was adopted on July 14, 1999 by

the Village of Paw Paw.

(53) If the ordinance was adopted on November 17, 1986

by the Village of Franklin Park.

(54) If the ordinance was adopted on November 20, 1989

by the Village of South Holland.

(55) If the ordinance was adopted on July 14, 1992 by

the Village of Riverdale.

(56) If the ordinance was adopted on December 29, 1986

by the City of Galesburg.

(57) If the ordinance was adopted on April 1, 1985 by

the City of Galesburg.

(58) If the ordinance was adopted on May 21, 1990 by

the City of West Chicago.

(59) If the ordinance was adopted on December 16, 1986

by the City of Oak Forest.

(60) If the ordinance was adopted in 1999 by the City

of Villa Grove.

(61) If the ordinance was adopted on January 13, 1987

by the Village of Mt. Zion.

(62) If the ordinance was adopted on December 30, 1986

by the Village of Manteno.

(63) If the ordinance was adopted on April 3, 1989 by

the City of Chicago Heights.

(64) If the ordinance was adopted on January 6, 1999 by

the Village of Rosemont.

(65) If the ordinance was adopted on December 19, 2000

by the Village of Stone Park.

(66) If the ordinance was adopted on December 22, 1986

by the City of DeKalb.

(67) If the ordinance was adopted on December 2, 1986

by the City of Aurora.

(68) If the ordinance was adopted on December 31, 1986

by the Village of Milan.

(69) If the ordinance was adopted on September 8, 1994

by the City of West Frankfort.

(70) If the ordinance was adopted on December 23, 1986

by the Village of Libertyville.

(71) If the ordinance was adopted on December 22, 1986

by the Village of Hoffman Estates.

(72) If the ordinance was adopted on September 17, 1986

by the Village of Sherman.

(73) If the ordinance was adopted on December 16, 1986

by the City of Macomb.

(74) If the ordinance was adopted on June 11, 2002 by

the City of East Peoria to create the West Washington

Street TIF.

(75) If the ordinance was adopted on June 11, 2002 by

the City of East Peoria to create the Camp Street TIF.

(76) If the ordinance was adopted on August 7, 2000 by

the City of Des Plaines.

(77) If the ordinance was adopted on December 22, 1986

by the City of Washington to create the Washington Square

TIF #2.

(78) If the ordinance was adopted on December 29, 1986

by the City of Morris.

(79) If the ordinance was adopted on July 6, 1998 by

the Village of Steeleville.

(80) If the ordinance was adopted on December 29, 1986

by the City of Pontiac to create TIF I (the Main St TIF).

(81) If the ordinance was adopted on December 29, 1986

by the City of Pontiac to create TIF II (the Interstate

TIF).

(82) If the ordinance was adopted on November 6, 2002

by the City of Chicago to create the Madden/Wells TIF

District.

(83) If the ordinance was adopted on November 4, 1998

by the City of Chicago to create the Roosevelt/Racine TIF

District.

(84) If the ordinance was adopted on June 10, 1998 by

the City of Chicago to create the Stony Island

Commercial/Burnside Industrial Corridors TIF District.

(85) If the ordinance was adopted on November 29, 1989

by the City of Chicago to create the Englewood Mall TIF

District.

(86) If the ordinance was adopted on December 27, 1986

by the City of Mendota.

(87) If the ordinance was adopted on December 31, 1986

by the Village of Cahokia.

(88) If the ordinance was adopted on September 20, 1999

by the City of Belleville.

(89) If the ordinance was adopted on December 30, 1986

by the Village of Bellevue to create the Bellevue TIF

District 1.

(90) If the ordinance was adopted on December 13, 1993

by the Village of Crete.

(91) If the ordinance was adopted on February 12, 2001

by the Village of Crete.

(92) If the ordinance was adopted on April 23, 2001 by

the Village of Crete.

(93) If the ordinance was adopted on December 16, 1986

by the City of Champaign.

(94) If the ordinance was adopted on December 20, 1986

by the City of Charleston.

(95) If the ordinance was adopted on June 6, 1989 by

the Village of Romeoville.

(96) If the ordinance was adopted on October 14, 1993

and amended on August 2, 2010 by the City of Venice.

(97) If the ordinance was adopted on June 1, 1994 by

the City of Markham.

(98) If the ordinance was adopted on May 19, 1998 by

the Village of Bensenville.

(99) If the ordinance was adopted on November 12, 1987

by the City of Dixon.

(100) If the ordinance was adopted on December 20, 1988

by the Village of Lansing.

(101) If the ordinance was adopted on October 27, 1998

by the City of Moline.

(102) If the ordinance was adopted on May 21, 1991 by

the Village of Glenwood.

(103) If the ordinance was adopted on January 28, 1992

by the City of East Peoria.

(104) If the ordinance was adopted on December 14, 1998

by the City of Carlyle.

(105) If the ordinance was adopted on May 17, 2000, as

subsequently amended, by the City of Chicago to create the

Midwest Redevelopment TIF District.

(106) If the ordinance was adopted on September 13,

1989 by the City of Chicago to create the Michigan/Cermak

Area TIF District.

(107) If the ordinance was adopted on March 30, 1992 by

the Village of Ohio.

(108) If the ordinance was adopted on July 6, 1998 by

the Village of Orangeville.

(109) If the ordinance was adopted on December 16, 1997

by the Village of Germantown.

(110) If the ordinance was adopted on April 28, 2003 by

Gibson City.

(111) If the ordinance was adopted on December 18, 1990

by the Village of Washington Park, but only after the

Village of Washington Park becomes compliant with the

reporting requirements under subsection (d) of Section

11-74.4-5, and after the State Comptroller's certification

of such compliance.

(112) If the ordinance was adopted on February 28, 2000

by the City of Harvey.

(113) If the ordinance was adopted on January 11, 1991

by the City of Chicago to create the Read/Dunning TIF

District.

(114) If the ordinance was adopted on July 24, 1991 by

the City of Chicago to create the Sanitary and Ship Canal

TIF District.

(115) If the ordinance was adopted on December 4, 2007

by the City of Naperville.

(116) If the ordinance was adopted on July 1, 2002 by

the Village of Arlington Heights.

(117) If the ordinance was adopted on February 11, 1991

by the Village of Machesney Park.

(118) If the ordinance was adopted on December 29, 1993

by the City of Ottawa.

(119) If the ordinance was adopted on June 4, 1991 by

the Village of Lansing.

(120) If the ordinance was adopted on February 10, 2004

by the Village of Fox Lake.

(121) If the ordinance was adopted on December 22, 1992

by the City of Fairfield.

(122) If the ordinance was adopted on February 10, 1992

by the City of Mt. Sterling.

(123) If the ordinance was adopted on March 15, 2004 by

the City of Batavia.

(124) If the ordinance was adopted on March 18, 2002 by

the Village of Lake Zurich.

(125) If the ordinance was adopted on September 23,

1997 by the City of Granite City.

(126) If the ordinance was adopted on May 8, 2013 by

the Village of Rosemont to create the Higgins Road/River

Road TIF District No. 6.

(127) If the ordinance was adopted on November 22, 1993

by the City of Arcola.

(128) If the ordinance was adopted on September 7, 2004

by the City of Arcola.

(129) If the ordinance was adopted on November 29, 1999

by the City of Paris.

(130) If the ordinance was adopted on September 20,

1994 by the City of Ottawa to create the U.S. Route 6 East

Ottawa TIF.

(131) If the ordinance was adopted on May 2, 2002 by

the Village of Crestwood.

(132) If the ordinance was adopted on October 27, 1992

by the City of Blue Island.

(133) If the ordinance was adopted on December 23, 1993

by the City of Lacon.

(134) If the ordinance was adopted on May 4, 1998 by

the Village of Bradford.

(135) If the ordinance was adopted on June 11, 2002 by

the City of Oak Forest.

(136) If the ordinance was adopted on November 16, 1992

by the City of Pinckneyville.

(137) If the ordinance was adopted on March 1, 2001 by

the Village of South Jacksonville.

(138) If the ordinance was adopted on February 26, 1992

by the City of Chicago to create the Stockyards Southeast

Quadrant TIF District.

(139) If the ordinance was adopted on January 25, 1993

by the City of LaSalle.

(140) If the ordinance was adopted on December 23, 1997

by the Village of Dieterich.

(141) If the ordinance was adopted on February 10, 2016

by the Village of Rosemont to create the Balmoral/Pearl TIF

No. 8 Tax Increment Financing Redevelopment Project Area.

(142) (132) If the ordinance was adopted on June 11,

2002 by the City of Oak Forest.

(d) For redevelopment project areas for which bonds were

issued before July 29, 1991, or for which contracts were

entered into before June 1, 1988, in connection with a

redevelopment project in the area within the State Sales Tax

Boundary, the estimated dates of completion of the

redevelopment project and retirement of obligations to finance

redevelopment project costs (including refunding bonds under

Section 11-74.4-7) may be extended by municipal ordinance to

December 31, 2013. The termination procedures of subsection (b)

of Section 11-74.4-8 are not required for these redevelopment

project areas in 2009 but are required in 2013. The extension

allowed by Public Act 87-1272 shall not apply to real property

tax increment allocation financing under Section 11-74.4-8.

(e) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project

areas that were adopted on or after December 16, 1986 and for

which at least $8 million worth of municipal bonds were

authorized on or after December 19, 1989 but before January 1,

1990; provided that the municipality elects to extend the life

of the redevelopment project area to 35 years by the adoption

of an ordinance after at least 14 but not more than 30 days'

written notice to the taxing bodies, that would otherwise

constitute the joint review board for the redevelopment project

area, before the adoption of the ordinance.

(f) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 35 years for redevelopment project

areas that were established on or after December 1, 1981 but

before January 1, 1982 and for which at least $1,500,000 worth

of tax increment revenue bonds were authorized on or after

September 30, 1990 but before July 1, 1991; provided that the

municipality elects to extend the life of the redevelopment

project area to 35 years by the adoption of an ordinance after

at least 14 but not more than 30 days' written notice to the

taxing bodies, that would otherwise constitute the joint review

board for the redevelopment project area, before the adoption

of the ordinance.

(f-5) Those dates, for purposes of real property tax

increment allocation financing pursuant to Section 11-74.4-8

only, shall be not more than 47 years for redevelopment project

areas that were established on December 29, 1981 by the City of

Springfield; provided that (i) the City city of Springfield

adopts an ordinance extending the life of the redevelopment

project area to 47 years and (ii) the City of Springfield

provides notice to the taxing bodies that would otherwise

constitute the joint review board for the redevelopment project

area not more than 30 and not less than 14 days prior to the

adoption of that ordinance.

(g) In consolidating the material relating to completion

dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,

it is not the intent of the General Assembly to make any

substantive change in the law, except for the extension of the

completion dates for the City of Aurora, the Village of Milan,

the City of West Frankfort, the Village of Libertyville, and

the Village of Hoffman Estates set forth under items (67),

(68), (69), (70), and (71) of subsection (c) of this Section.

(Source: P.A. 98-109, eff. 7-25-13; 98-135, eff. 8-2-13;

98-230, eff. 8-9-13; 98-463, eff. 8-16-13; 98-614, eff.

12-27-13; 98-667, eff. 6-25-14; 98-889, eff. 8-15-14; 98-893,

eff. 8-15-14; 98-1064, eff. 8-26-14; 98-1136, eff. 12-29-14;

98-1153, eff. 1-9-15; 98-1157, eff. 1-9-15; 98-1159, eff.

1-9-15; 99-78, eff. 7-20-15; 99-136, eff. 7-24-15; 99-263, eff.

8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15; 99-495, eff.

12-17-15; 99-508, eff. 6-24-16; 99-792, eff. 8-12-16; revised

9-22-16.)

(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)

Sec. 11-74.4-6. (a) Except as provided herein, notice of

the public hearing shall be given by publication and mailing;

provided, however, that no notice by mailing shall be required

under this subsection (a) with respect to any redevelopment

project area located within a transit facility improvement area

established pursuant to Section 11-74.4-3.3. Notice by

publication shall be given by publication at least twice, the

first publication to be not more than 30 nor less than 10 days

prior to the hearing in a newspaper of general circulation

within the taxing districts having property in the proposed

redevelopment project area. Notice by mailing shall be given by

depositing such notice in the United States mails by certified

mail addressed to the person or persons in whose name the

general taxes for the last preceding year were paid on each

lot, block, tract, or parcel of land lying within the project

redevelopment area. Said notice shall be mailed not less than

10 days prior to the date set for the public hearing. In the

event taxes for the last preceding year were not paid, the

notice shall also be sent to the persons last listed on the tax

rolls within the preceding 3 years as the owners of such

property. For redevelopment project areas with redevelopment

plans or proposed redevelopment plans that would require

removal of 10 or more inhabited residential units or that

contain 75 or more inhabited residential units, the

municipality shall make a good faith effort to notify by mail

all residents of the redevelopment project area. At a minimum,

the municipality shall mail a notice to each residential

address located within the redevelopment project area. The

municipality shall endeavor to ensure that all such notices are

effectively communicated and shall include (in addition to

notice in English) notice in the predominant language other

than English when appropriate.

(b) The notices issued pursuant to this Section shall

include the following:

(1) The time and place of public hearing.

(2) The boundaries of the proposed redevelopment

project area by legal description and by street location

where possible.

(3) A notification that all interested persons will be

given an opportunity to be heard at the public hearing.

(4) A description of the redevelopment plan or

redevelopment project for the proposed redevelopment

project area if a plan or project is the subject matter of

the hearing.

(5) Such other matters as the municipality may deem

appropriate.

(c) Not less than 45 days prior to the date set for

hearing, the municipality shall give notice by mail as provided

in subsection (a) to all taxing districts of which taxable

property is included in the redevelopment project area, project

or plan and to the Department of Commerce and Economic

Opportunity, and in addition to the other requirements under

subsection (b) the notice shall include an invitation to the

Department of Commerce and Economic Opportunity and each taxing

district to submit comments to the municipality concerning the

subject matter of the hearing prior to the date of hearing.

(d) In the event that any municipality has by ordinance

adopted tax increment financing prior to 1987, and has complied

with the notice requirements of this Section, except that the

notice has not included the requirements of subsection (b),

paragraphs (2), (3) and (4), and within 90 days of December 16,

1991 (the effective date of Public Act 87-813) this amendatory

Act of 1991, that municipality passes an ordinance which

contains findings that: (1) all taxing districts prior to the

time of the hearing required by Section 11-74.4-5 were

furnished with copies of a map incorporated into the

redevelopment plan and project substantially showing the legal

boundaries of the redevelopment project area; (2) the

redevelopment plan and project, or a draft thereof, contained a

map substantially showing the legal boundaries of the

redevelopment project area and was available to the public at

the time of the hearing; and (3) since the adoption of any form

of tax increment financing authorized by this Act, and prior to

June 1, 1991, no objection or challenge has been made in

writing to the municipality in respect to the notices required

by this Section, then the municipality shall be deemed to have

met the notice requirements of this Act and all actions of the

municipality taken in connection with such notices as were

given are hereby validated and hereby declared to be legally

sufficient for all purposes of this Act.

(e) If a municipality desires to propose a redevelopment

plan for a redevelopment project area that would result in the

displacement of residents from 10 or more inhabited residential

units or for a redevelopment project area that contains 75 or

more inhabited residential units, the municipality shall hold a

public meeting before the mailing of the notices of public

hearing as provided in subsection (c) of this Section. However,

such a meeting shall be required for any redevelopment plan for

a redevelopment project area located within a transit facility

improvement area established pursuant to Section 11-74.4-3.3

if the applicable project is subject to the process for

evaluation of environmental effects under the National

Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq. The

meeting shall be for the purpose of enabling the municipality

to advise the public, taxing districts having real property in

the redevelopment project area, taxpayers who own property in

the proposed redevelopment project area, and residents in the

area as to the municipality's possible intent to prepare a

redevelopment plan and designate a redevelopment project area

and to receive public comment. The time and place for the

meeting shall be set by the head of the municipality's

Department of Planning or other department official designated

by the mayor or city or village manager without the necessity

of a resolution or ordinance of the municipality and may be

held by a member of the staff of the Department of Planning of

the municipality or by any other person, body, or commission

designated by the corporate authorities. The meeting shall be

held at least 14 business days before the mailing of the notice

of public hearing provided for in subsection (c) of this

Section.

Notice of the public meeting shall be given by mail. Notice

by mail shall be not less than 15 days before the date of the

meeting and shall be sent by certified mail to all taxing

districts having real property in the proposed redevelopment

project area and to all entities requesting that information

that have registered with a person and department designated by

the municipality in accordance with registration guidelines

established by the municipality pursuant to Section

11-74.4-4.2. The municipality shall make a good faith effort to

notify all residents and the last known persons who paid

property taxes on real estate in a redevelopment project area.

This requirement shall be deemed to be satisfied if the

municipality mails, by regular mail, a notice to each

residential address and the person or persons in whose name

property taxes were paid on real property for the last

preceding year located within the redevelopment project area.

Notice shall be in languages other than English when

appropriate. The notices issued under this subsection shall

include the following:

(1) The time and place of the meeting.

(2) The boundaries of the area to be studied for

possible designation as a redevelopment project area by

street and location.

(3) The purpose or purposes of establishing a

redevelopment project area.

(4) A brief description of tax increment financing.

(5) The name, telephone number, and address of the

person who can be contacted for additional information

about the proposed redevelopment project area and who

should receive all comments and suggestions regarding the

development of the area to be studied.

(6) Notification that all interested persons will be

given an opportunity to be heard at the public meeting.

(7) Such other matters as the municipality deems

appropriate.

At the public meeting, any interested person or

representative of an affected taxing district may be heard

orally and may file, with the person conducting the meeting,

statements that pertain to the subject matter of the meeting.

(Source: P.A. 99-792, eff. 8-12-16; revised 10-31-16.)

(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)

Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality

which has adopted tax increment allocation financing prior to

January 1, 1987, may by ordinance (1) authorize the Department

of Revenue, subject to appropriation, to annually certify and

cause to be paid from the Illinois Tax Increment Fund to such

municipality for deposit in the municipality's special tax

allocation fund an amount equal to the Net State Sales Tax

Increment and (2) authorize the Department of Revenue to

annually notify the municipality of the amount of the Municipal

Sales Tax Increment which shall be deposited by the

municipality in the municipality's special tax allocation

fund. Provided that for purposes of this Section no amendments

adding additional area to the redevelopment project area which

has been certified as the State Sales Tax Boundary shall be

taken into account if such amendments are adopted by the

municipality after January 1, 1987. If an amendment is adopted

which decreases the area of a State Sales Tax Boundary, the

municipality shall update the list required by subsection

(3)(a) of this Section. The Retailers' Occupation Tax

liability, Use Tax liability, Service Occupation Tax liability

and Service Use Tax liability for retailers and servicemen

located within the disconnected area shall be excluded from the

base from which tax increments are calculated and the revenue

from any such retailer or serviceman shall not be included in

calculating incremental revenue payable to the municipality. A

municipality adopting an ordinance under this subsection (1) of

this Section for a redevelopment project area which is

certified as a State Sales Tax Boundary shall not be entitled

to payments of State taxes authorized under subsection (2) of

this Section for the same redevelopment project area. Nothing

herein shall be construed to prevent a municipality from

receiving payment of State taxes authorized under subsection

(2) of this Section for a separate redevelopment project area

that does not overlap in any way with the State Sales Tax

Boundary receiving payments of State taxes pursuant to

subsection (1) of this Section.

A certified copy of such ordinance shall be submitted by

the municipality to the Department of Commerce and Economic

Opportunity and the Department of Revenue not later than 30

days after the effective date of the ordinance. Upon submission

of the ordinances, and the information required pursuant to

subsection 3 of this Section, the Department of Revenue shall

promptly determine the amount of such taxes paid under the

Retailers' Occupation Tax Act, Use Tax Act, Service Use Tax

Act, the Service Occupation Tax Act, the Municipal Retailers'

Occupation Tax Act and the Municipal Service Occupation Tax Act

by retailers and servicemen on transactions at places located

in the redevelopment project area during the base year, and

shall certify all the foregoing "initial sales tax amounts" to

the municipality within 60 days of submission of the list

required of subsection (3)(a) of this Section.

If a retailer or serviceman with a place of business

located within a redevelopment project area also has one or

more other places of business within the municipality but

outside the redevelopment project area, the retailer or

serviceman shall, upon request of the Department of Revenue,

certify to the Department of Revenue the amount of taxes paid

pursuant to the Retailers' Occupation Tax Act, the Municipal

Retailers' Occupation Tax Act, the Service Occupation Tax Act

and the Municipal Service Occupation Tax Act at each place of

business which is located within the redevelopment project area

in the manner and for the periods of time requested by the

Department of Revenue.

When the municipality determines that a portion of an

increase in the aggregate amount of taxes paid by retailers and

servicemen under the Retailers' Occupation Tax Act, Use Tax

Act, Service Use Tax Act, or the Service Occupation Tax Act is

the result of a retailer or serviceman initiating retail or

service operations in the redevelopment project area by such

retailer or serviceman with a resulting termination of retail

or service operations by such retailer or serviceman at another

location in Illinois in the standard metropolitan statistical

area of such municipality, the Department of Revenue shall be

notified that the retailers occupation tax liability, use tax

liability, service occupation tax liability, or service use tax

liability from such retailer's or serviceman's terminated

operation shall be included in the base Initial Sales Tax

Amounts from which the State Sales Tax Increment is calculated

for purposes of State payments to the affected municipality;

provided, however, for purposes of this paragraph

"termination" shall mean a closing of a retail or service

operation which is directly related to the opening of the same

retail or service operation in a redevelopment project area

which is included within a State Sales Tax Boundary, but it

shall not include retail or service operations closed for

reasons beyond the control of the retailer or serviceman, as

determined by the Department.

If the municipality makes the determination referred to in

the prior paragraph and notifies the Department and if the

relocation is from a location within the municipality, the

Department, at the request of the municipality, shall adjust

the certified aggregate amount of taxes that constitute the

Municipal Sales Tax Increment paid by retailers and servicemen

on transactions at places of business located within the State

Sales Tax Boundary during the base year using the same

procedures as are employed to make the adjustment referred to

in the prior paragraph. The adjusted Municipal Sales Tax

Increment calculated by the Department shall be sufficient to

satisfy the requirements of subsection (1) of this Section.

When a municipality which has adopted tax increment

allocation financing in 1986 determines that a portion of the

aggregate amount of taxes paid by retailers and servicemen

under the Retailers Occupation Tax Act, Use Tax Act, Service

Use Tax Act, or Service Occupation Tax Act, the Municipal

Retailers' Occupation Tax Act and the Municipal Service

Occupation Tax Act, includes revenue of a retailer or

serviceman which terminated retailer or service operations in

1986, prior to the adoption of tax increment allocation

financing, the Department of Revenue shall be notified by such

municipality that the retailers' occupation tax liability, use

tax liability, service occupation tax liability or service use

tax liability, from such retailer's or serviceman's terminated

operations shall be excluded from the Initial Sales Tax Amounts

for such taxes. The revenue from any such retailer or

serviceman which is excluded from the base year under this

paragraph, shall not be included in calculating incremental

revenues if such retailer or serviceman reestablishes such

business in the redevelopment project area.

For State fiscal year 1992, the Department of Revenue shall

budget, and the Illinois General Assembly shall appropriate

from the Illinois Tax Increment Fund in the State treasury, an

amount not to exceed $18,000,000 to pay to each eligible

municipality the Net State Sales Tax Increment to which such

municipality is entitled.

Beginning on January 1, 1993, each municipality's

proportional share of the Illinois Tax Increment Fund shall be

determined by adding the annual Net State Sales Tax Increment

and the annual Net Utility Tax Increment to determine the

Annual Total Increment. The ratio of the Annual Total Increment

of each municipality to the Annual Total Increment for all

municipalities, as most recently calculated by the Department,

shall determine the proportional shares of the Illinois Tax

Increment Fund to be distributed to each municipality.

Beginning in October, 1993, and each January, April, July

and October thereafter, the Department of Revenue shall certify

to the Treasurer and the Comptroller the amounts payable

quarter annually during the fiscal year to each municipality

under this Section. The Comptroller shall promptly then draw

warrants, ordering the State Treasurer to pay such amounts from

the Illinois Tax Increment Fund in the State treasury.

The Department of Revenue shall utilize the same periods

established for determining State Sales Tax Increment to

determine the Municipal Sales Tax Increment for the area within

a State Sales Tax Boundary and certify such amounts to such

municipal treasurer who shall transfer such amounts to the

special tax allocation fund.

The provisions of this subsection (1) do not apply to

additional municipal retailers' occupation or service

occupation taxes imposed by municipalities using their home

rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4

and 8-11-1.5 of this Act. A municipality shall not receive from

the State any share of the Illinois Tax Increment Fund unless

such municipality deposits all its Municipal Sales Tax

Increment and the local incremental real property tax revenues,

as provided herein, into the appropriate special tax allocation

fund. If, however, a municipality has extended the estimated

dates of completion of the redevelopment project and retirement

of obligations to finance redevelopment project costs by

municipal ordinance to December 31, 2013 under subsection (n)

of Section 11-74.4-3, then that municipality shall continue to

receive from the State a share of the Illinois Tax Increment

Fund so long as the municipality deposits, from any funds

available, excluding funds in the special tax allocation fund,

an amount equal to the municipal share of the real property tax

increment revenues into the special tax allocation fund during

the extension period. The amount to be deposited by the

municipality in each of the tax years affected by the extension

to December 31, 2013 shall be equal to the municipal share of

the property tax increment deposited into the special tax

allocation fund by the municipality for the most recent year

that the property tax increment was distributed. A municipality

located within an economic development project area created

under the County Economic Development Project Area Property Tax

Allocation Act which has abated any portion of its property

taxes which otherwise would have been deposited in its special

tax allocation fund shall not receive from the State the Net

Sales Tax Increment.

(2) A municipality which has adopted tax increment

allocation financing with regard to an industrial park or

industrial park conservation area, prior to January 1, 1988,

may by ordinance authorize the Department of Revenue to

annually certify and pay from the Illinois Tax Increment Fund

to such municipality for deposit in the municipality's special

tax allocation fund an amount equal to the Net State Utility

Tax Increment. Provided that for purposes of this Section no

amendments adding additional area to the redevelopment project

area shall be taken into account if such amendments are adopted

by the municipality after January 1, 1988. Municipalities

adopting an ordinance under this subsection (2) of this Section

for a redevelopment project area shall not be entitled to

payment of State taxes authorized under subsection (1) of this

Section for the same redevelopment project area which is within

a State Sales Tax Boundary. Nothing herein shall be construed

to prevent a municipality from receiving payment of State taxes

authorized under subsection (1) of this Section for a separate

redevelopment project area within a State Sales Tax Boundary

that does not overlap in any way with the redevelopment project

area receiving payments of State taxes pursuant to subsection

(2) of this Section.

A certified copy of such ordinance shall be submitted to

the Department of Commerce and Economic Opportunity and the

Department of Revenue not later than 30 days after the

effective date of the ordinance.

When a municipality determines that a portion of an

increase in the aggregate amount of taxes paid by industrial or

commercial facilities under the Public Utilities Act, is the

result of an industrial or commercial facility initiating

operations in the redevelopment project area with a resulting

termination of such operations by such industrial or commercial

facility at another location in Illinois, the Department of

Revenue shall be notified by such municipality that such

industrial or commercial facility's liability under the Public

Utility Tax Act shall be included in the base from which tax

increments are calculated for purposes of State payments to the

affected municipality.

After receipt of the calculations by the public utility as

required by subsection (4) of this Section, the Department of

Revenue shall annually budget and the Illinois General Assembly

shall annually appropriate from the General Revenue Fund

through State Fiscal Year 1989, and thereafter from the

Illinois Tax Increment Fund, an amount sufficient to pay to

each eligible municipality the amount of incremental revenue

attributable to State electric and gas taxes as reflected by

the charges imposed on persons in the project area to which

such municipality is entitled by comparing the preceding

calendar year with the base year as determined by this Section.

Beginning on January 1, 1993, each municipality's proportional

share of the Illinois Tax Increment Fund shall be determined by

adding the annual Net State Utility Tax Increment and the

annual Net Utility Tax Increment to determine the Annual Total

Increment. The ratio of the Annual Total Increment of each

municipality to the Annual Total Increment for all

municipalities, as most recently calculated by the Department,

shall determine the proportional shares of the Illinois Tax

Increment Fund to be distributed to each municipality.

A municipality shall not receive any share of the Illinois

Tax Increment Fund from the State unless such municipality

imposes the maximum municipal charges authorized pursuant to

Section 9-221 of the Public Utilities Act and deposits all

municipal utility tax incremental revenues as certified by the

public utilities, and all local real estate tax increments into

such municipality's special tax allocation fund.

(3) Within 30 days after the adoption of the ordinance

required by either subsection (1) or subsection (2) of this

Section, the municipality shall transmit to the Department of

Commerce and Economic Opportunity and the Department of Revenue

the following:

(a) if applicable, a certified copy of the ordinance

required by subsection (1) accompanied by a complete list

of street names and the range of street numbers of each

street located within the redevelopment project area for

which payments are to be made under this Section in both

the base year and in the year preceding the payment year;

and the addresses of persons registered with the Department

of Revenue; and, the name under which each such retailer or

serviceman conducts business at that address, if different

from the corporate name; and the Illinois Business Tax

Number of each such person (The municipality shall update

this list in the event of a revision of the redevelopment

project area, or the opening or closing or name change of

any street or part thereof in the redevelopment project

area, or if the Department of Revenue informs the

municipality of an addition or deletion pursuant to the

monthly updates given by the Department.);

(b) if applicable, a certified copy of the ordinance

required by subsection (2) accompanied by a complete list

of street names and range of street numbers of each street

located within the redevelopment project area, the utility

customers in the project area, and the utilities serving

the redevelopment project areas;

(c) certified copies of the ordinances approving the

redevelopment plan and designating the redevelopment

project area;

(d) a copy of the redevelopment plan as approved by the

municipality;

(e) an opinion of legal counsel that the municipality

had complied with the requirements of this Act; and

(f) a certification by the chief executive officer of

the municipality that with regard to a redevelopment

project area: (1) the municipality has committed all of the

municipal tax increment created pursuant to this Act for

deposit in the special tax allocation fund, (2) the

redevelopment projects described in the redevelopment plan

would not be completed without the use of State incremental

revenues pursuant to this Act, (3) the municipality will

pursue the implementation of the redevelopment plan in an

expeditious manner, (4) the incremental revenues created

pursuant to this Section will be exclusively utilized for

the development of the redevelopment project area, and (5)

the increased revenue created pursuant to this Section

shall be used exclusively to pay redevelopment project

costs as defined in this Act.

(4) The Department of Revenue upon receipt of the

information set forth in paragraph (b) of subsection (3) shall

immediately forward such information to each public utility

furnishing natural gas or electricity to buildings within the

redevelopment project area. Upon receipt of such information,

each public utility shall promptly:

(a) provide to the Department of Revenue and the

municipality separate lists of the names and addresses of

persons within the redevelopment project area receiving

natural gas or electricity from such public utility. Such

list shall be updated as necessary by the public utility.

Each month thereafter the public utility shall furnish the

Department of Revenue and the municipality with an itemized

listing of charges imposed pursuant to Sections 9-221 and

9-222 of the Public Utilities Act on persons within the

redevelopment project area.

(b) determine the amount of charges imposed pursuant to

Sections 9-221 and 9-222 of the Public Utilities Act on

persons in the redevelopment project area during the base

year, both as a result of municipal taxes on electricity

and gas and as a result of State taxes on electricity and

gas and certify such amounts both to the municipality and

the Department of Revenue; and

(c) determine the amount of charges imposed pursuant to

Sections 9-221 and 9-222 of the Public Utilities Act on

persons in the redevelopment project area on a monthly

basis during the base year, both as a result of State and

municipal taxes on electricity and gas and certify such

separate amounts both to the municipality and the

Department of Revenue.

After the determinations are made in paragraphs (b) and

(c), the public utility shall monthly during the existence of

the redevelopment project area notify the Department of Revenue

and the municipality of any increase in charges over the base

year determinations made pursuant to paragraphs (b) and (c).

(5) The payments authorized under this Section shall be

deposited by the municipal treasurer in the special tax

allocation fund of the municipality, which for accounting

purposes shall identify the sources of each payment as:

municipal receipts from the State retailers occupation,

service occupation, use and service use taxes; and municipal

public utility taxes charged to customers under the Public

Utilities Act and State public utility taxes charged to

customers under the Public Utilities Act.

(6) Before the effective date of this amendatory Act of the

91st General Assembly, any municipality receiving payments

authorized under this Section for any redevelopment project

area or area within a State Sales Tax Boundary within the

municipality shall submit to the Department of Revenue and to

the taxing districts which are sent the notice required by

Section 6 of this Act annually within 180 days after the close

of each municipal fiscal year the following information for the

immediately preceding fiscal year:

(a) Any amendments to the redevelopment plan, the

redevelopment project area, or the State Sales Tax

Boundary.

(b) Audited financial statements of the special tax

allocation fund.

(c) Certification of the Chief Executive Officer of the

municipality that the municipality has complied with all of

the requirements of this Act during the preceding fiscal

year.

(d) An opinion of legal counsel that the municipality

is in compliance with this Act.

(e) An analysis of the special tax allocation fund

which sets forth:

(1) the balance in the special tax allocation fund

at the beginning of the fiscal year;

(2) all amounts deposited in the special tax

allocation fund by source;

(3) all expenditures from the special tax

allocation fund by category of permissible

redevelopment project cost; and

(4) the balance in the special tax allocation fund

at the end of the fiscal year including a breakdown of

that balance by source. Such ending balance shall be

designated as surplus if it is not required for

anticipated redevelopment project costs or to pay debt

service on bonds issued to finance redevelopment

project costs, as set forth in Section 11-74.4-7

hereof.

(f) A description of all property purchased by the

municipality within the redevelopment project area

including:

1. Street address

2. Approximate size or description of property

3. Purchase price

4. Seller of property.

(g) A statement setting forth all activities

undertaken in furtherance of the objectives of the

redevelopment plan, including:

1. Any project implemented in the preceding fiscal

year

2. A description of the redevelopment activities

undertaken

3. A description of any agreements entered into by

the municipality with regard to the disposition or

redevelopment of any property within the redevelopment

project area or the area within the State Sales Tax

Boundary.

(h) With regard to any obligations issued by the

municipality:

1. copies of bond ordinances or resolutions

2. copies of any official statements

3. an analysis prepared by financial advisor or

underwriter setting forth: (a) nature and term of

obligation; and (b) projected debt service including

required reserves and debt coverage.

(i) A certified audit report reviewing compliance with

this statute performed by an independent public accountant

certified and licensed by the authority of the State of

Illinois. The financial portion of the audit must be

conducted in accordance with Standards for Audits of

Governmental Organizations, Programs, Activities, and

Functions adopted by the Comptroller General of the United

States (1981), as amended. The audit report shall contain a

letter from the independent certified public accountant

indicating compliance or noncompliance with the

requirements of subsection (q) of Section 11-74.4-3. If the

audit indicates that expenditures are not in compliance

with the law, the Department of Revenue shall withhold

State sales and utility tax increment payments to the

municipality until compliance has been reached, and an

amount equal to the ineligible expenditures has been

returned to the Special Tax Allocation Fund.

(6.1) After July 29, 1988 and before the effective date of

this amendatory Act of the 91st General Assembly, any funds

which have not been designated for use in a specific

development project in the annual report shall be designated as

surplus. No funds may be held in the Special Tax Allocation

Fund for more than 36 months from the date of receipt unless

the money is required for payment of contractual obligations

for specific development project costs. If held for more than

36 months in violation of the preceding sentence, such funds

shall be designated as surplus. Any funds designated as surplus

must first be used for early redemption of any bond

obligations. Any funds designated as surplus which are not

disposed of as otherwise provided in this paragraph, shall be

distributed as surplus as provided in Section 11-74.4-7.

(7) Any appropriation made pursuant to this Section for the

1987 State fiscal year shall not exceed the amount of $7

million and for the 1988 State fiscal year the amount of $10

million. The amount which shall be distributed to each

municipality shall be the incremental revenue to which each

municipality is entitled as calculated by the Department of

Revenue, unless the requests of the municipality exceed the

appropriation, then the amount to which each municipality shall

be entitled shall be prorated among the municipalities in the

same proportion as the increment to which the municipality

would be entitled bears to the total increment which all

municipalities would receive in the absence of this limitation,

provided that no municipality may receive an amount in excess

of 15% of the appropriation. For the 1987 Net State Sales Tax

Increment payable in Fiscal Year 1989, no municipality shall

receive more than 7.5% of the total appropriation; provided,

however, that any of the appropriation remaining after such

distribution shall be prorated among municipalities on the

basis of their pro rata share of the total increment. Beginning

on January 1, 1993, each municipality's proportional share of

the Illinois Tax Increment Fund shall be determined by adding

the annual Net State Sales Tax Increment and the annual Net

Utility Tax Increment to determine the Annual Total Increment.

The ratio of the Annual Total Increment of each municipality to

the Annual Total Increment for all municipalities, as most

recently calculated by the Department, shall determine the

proportional shares of the Illinois Tax Increment Fund to be

distributed to each municipality.

(7.1) No distribution of Net State Sales Tax Increment to a

municipality for an area within a State Sales Tax Boundary

shall exceed in any State Fiscal Year an amount equal to 3

times the sum of the Municipal Sales Tax Increment, the real

property tax increment and deposits of funds from other

sources, excluding state and federal funds, as certified by the

city treasurer to the Department of Revenue for an area within

a State Sales Tax Boundary. After July 29, 1988, for those

municipalities which issue bonds between June 1, 1988 and 3

years from July 29, 1988 to finance redevelopment projects

within the area in a State Sales Tax Boundary, the distribution

of Net State Sales Tax Increment during the 16th through 20th

years from the date of issuance of the bonds shall not exceed

in any State Fiscal Year an amount equal to 2 times the sum of

the Municipal Sales Tax Increment, the real property tax

increment and deposits of funds from other sources, excluding

State and federal funds.

(8) Any person who knowingly files or causes to be filed

false information for the purpose of increasing the amount of

any State tax incremental revenue commits a Class A

misdemeanor.

(9) The following procedures shall be followed to determine

whether municipalities have complied with the Act for the

purpose of receiving distributions after July 1, 1989 pursuant

to subsection (1) of this Section 11-74.4-8a.

(a) The Department of Revenue shall conduct a

preliminary review of the redevelopment project areas and

redevelopment plans pertaining to those municipalities

receiving payments from the State pursuant to subsection

(1) of Section 8a of this Act for the purpose of

determining compliance with the following standards:

(1) For any municipality with a population of more

than 12,000 as determined by the 1980 U.S. Census: (a)

the redevelopment project area, or in the case of a

municipality which has more than one redevelopment

project area, each such area, must be contiguous and

the total of all such areas shall not comprise more

than 25% of the area within the municipal boundaries

nor more than 20% of the equalized assessed value of

the municipality; (b) the aggregate amount of 1985

taxes in the redevelopment project area, or in the case

of a municipality which has more than one redevelopment

project area, the total of all such areas, shall be not

more than 25% of the total base year taxes paid by

retailers and servicemen on transactions at places of

business located within the municipality under the

Retailers' Occupation Tax Act, the Use Tax Act, the

Service Use Tax Act, and the Service Occupation Tax

Act. Redevelopment project areas created prior to 1986

are not subject to the above standards if their

boundaries were not amended in 1986.

(2) For any municipality with a population of

12,000 or less as determined by the 1980 U.S. Census:

(a) the redevelopment project area, or in the case of a

municipality which has more than one redevelopment

project area, each such area, must be contiguous and

the total of all such areas shall not comprise more

than 35% of the area within the municipal boundaries

nor more than 30% of the equalized assessed value of

the municipality; (b) the aggregate amount of 1985

taxes in the redevelopment project area, or in the case

of a municipality which has more than one redevelopment

project area, the total of all such areas, shall not be

more than 35% of the total base year taxes paid by

retailers and servicemen on transactions at places of

business located within the municipality under the

Retailers' Occupation Tax Act, the Use Tax Act, the

Service Use Tax Act, and the Service Occupation Tax

Act. Redevelopment project areas created prior to 1986

are not subject to the above standards if their

boundaries were not amended in 1986.

(3) Such preliminary review of the redevelopment

project areas applying the above standards shall be

completed by November 1, 1988, and on or before

November 1, 1988, the Department shall notify each

municipality by certified mail, return receipt

requested that either (1) the Department requires

additional time in which to complete its preliminary

review; or (2) the Department is issuing either (a) a

Certificate of Eligibility or (b) a Notice of Review.

If the Department notifies a municipality that it

requires additional time to complete its preliminary

investigation, it shall complete its preliminary

investigation no later than February 1, 1989, and by

February 1, 1989 shall issue to each municipality

either (a) a Certificate of Eligibility or (b) a Notice

of Review. A redevelopment project area for which a

Certificate of Eligibility has been issued shall be

deemed a "State Sales Tax Boundary."

(4) The Department of Revenue shall also issue a

Notice of Review if the Department has received a

request by November 1, 1988 to conduct such a review

from taxpayers in the municipality, local taxing

districts located in the municipality or the State of

Illinois, or if the redevelopment project area has more

than 5 retailers and has had growth in State sales tax

revenue of more than 15% from calendar year 1985 to

1986.

(b) For those municipalities receiving a Notice of

Review, the Department will conduct a secondary review

consisting of: (i) application of the above standards

contained in subsection (9)(a)(1)(a) and (b) or

(9)(a)(2)(a) and (b), and (ii) the definitions of blighted

and conservation area provided for in Section 11-74.4-3.

Such secondary review shall be completed by July 1, 1989.

Upon completion of the secondary review, the

Department will issue (a) a Certificate of Eligibility or

(b) a Preliminary Notice of Deficiency. Any municipality

receiving a Preliminary Notice of Deficiency may amend its

redevelopment project area to meet the standards and

definitions set forth in this paragraph (b). This amended

redevelopment project area shall become the "State Sales

Tax Boundary" for purposes of determining the State Sales

Tax Increment.

(c) If the municipality advises the Department of its

intent to comply with the requirements of paragraph (b) of

this subsection outlined in the Preliminary Notice of

Deficiency, within 120 days of receiving such notice from

the Department, the municipality shall submit

documentation to the Department of the actions it has taken

to cure any deficiencies. Thereafter, within 30 days of the

receipt of the documentation, the Department shall either

issue a Certificate of Eligibility or a Final Notice of

Deficiency. If the municipality fails to advise the

Department of its intent to comply or fails to submit

adequate documentation of such cure of deficiencies the

Department shall issue a Final Notice of Deficiency that

provides that the municipality is ineligible for payment of

the Net State Sales Tax Increment.

(d) If the Department issues a final determination of

ineligibility, the municipality shall have 30 days from the

receipt of determination to protest and request a hearing.

Such hearing shall be conducted in accordance with Sections

10-25, 10-35, 10-40, and 10-50 of the Illinois

Administrative Procedure Act. The decision following the

hearing shall be subject to review under the Administrative

Review Law.

(e) Any Certificate of Eligibility issued pursuant to

this subsection 9 shall be binding only on the State for

the purposes of establishing municipal eligibility to

receive revenue pursuant to subsection (1) of this Section

11-74.4-8a.

(f) It is the intent of this subsection that the

periods of time to cure deficiencies shall be in addition

to all other periods of time permitted by this Section,

regardless of the date by which plans were originally

required to be adopted. To cure said deficiencies, however,

the municipality shall be required to follow the procedures

and requirements pertaining to amendments, as provided in

Sections 11-74.4-5 and 11-74.4-6 of this Act.

(10) If a municipality adopts a State Sales Tax Boundary in

accordance with the provisions of subsection (9) of this

Section, such boundaries shall subsequently be utilized to

determine Revised Initial Sales Tax Amounts and the Net State

Sales Tax Increment; provided, however, that such revised State

Sales Tax Boundary shall not have any effect upon the boundary

of the redevelopment project area established for the purposes

of determining the ad valorem taxes on real property pursuant

to Sections 11-74.4-7 and 11-74.4-8 of this Act nor upon the

municipality's authority to implement the redevelopment plan

for that redevelopment project area. For any redevelopment

project area with a smaller State Sales Tax Boundary within its

area, the municipality may annually elect to deposit the

Municipal Sales Tax Increment for the redevelopment project

area in the special tax allocation fund and shall certify the

amount to the Department prior to receipt of the Net State

Sales Tax Increment. Any municipality required by subsection

(9) to establish a State Sales Tax Boundary for one or more of

its redevelopment project areas shall submit all necessary

information required by the Department concerning such

boundary and the retailers therein, by October 1, 1989, after

complying with the procedures for amendment set forth in

Sections 11-74.4-5 and 11-74.4-6 of this Act. Net State Sales

Tax Increment produced within the State Sales Tax Boundary

shall be spent only within that area. However expenditures of

all municipal property tax increment and municipal sales tax

increment in a redevelopment project area are not required to

be spent within the smaller State Sales Tax Boundary within

such redevelopment project area.

(11) The Department of Revenue shall have the authority to

issue rules and regulations for purposes of this Section. and

regulations for purposes of this Section.

(12) If, under Section 5.4.1 of the Illinois Enterprise

Zone Act, a municipality determines that property that lies

within a State Sales Tax Boundary has an improvement,

rehabilitation, or renovation that is entitled to a property

tax abatement, then that property along with any improvements,

rehabilitation, or renovations shall be immediately removed

from any State Sales Tax Boundary. The municipality that made

the determination shall notify the Department of Revenue within

30 days after the determination. Once a property is removed

from the State Sales Tax Boundary because of the existence of a

property tax abatement resulting from an enterprise zone, then

that property shall not be permitted to be amended into a State

Sales Tax Boundary.

(Source: P.A. 94-793, eff. 5-19-06; revised 9-21-16.)

(65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)

Sec. 11-102-2. Every municipality specified in Section

11-102-1 may purchase, construct, reconstruct, expand and

improve landing fields, landing strips, landing floats,

hangars hangers, terminal buildings and other structures

relating thereto and may provide terminal facilities for public

airports; may construct, reconstruct and improve causeways,

roadways, and bridges for approaches to or connections with the

landing fields, landing strips and landing floats; and may

construct and maintain breakwaters for the protection of such

airports with a water front. Before any work of construction is

commenced in, over or upon any public waters of the state, the

plans and specifications therefor shall be submitted to and

approved by the Department of Transportation of the state.

Submission to and approval by the Department of Transportation

is not required for any work or construction undertaken as part

of the O'Hare Modernization Program as defined in Section 10 of

the O'Hare Modernization Act.

(Source: P.A. 93-450, eff. 8-6-03; revised 10-26-16.)

Section 285. The Fire Protection District Act is amended by

renumbering Section 11l as follows:

(70 ILCS 705/11m)

Sec. 11m 11l. Enforcement of the Fire Investigation Act.

(a) The fire chief has the authority to enforce the

provisions of any rules adopted by the State Fire Marshal under

the provisions of the Fire Investigation Act or to carry out

the duties imposed on local officers under Section 9 of the

Fire Investigation Act as provided in this Section.

(b) In the event that a fire chief determines that a

dangerous condition or fire hazard is found to exist contrary

to the rules referred to in Section 9 of the Fire Investigation

Act, or if a dangerous condition or fire hazard is found to

exist as specified in the first paragraph of Section 9 of the

Fire Investigation Act, the fire chief shall order the

dangerous condition or fire hazard removed or remedied and

shall so notify the owner, occupant, or other interested person

in the premises. Service of the notice upon the owner,

occupant, or other interested person may be made in person or

by registered or certified mail. If the owner, occupant, or

other interested person cannot be located by the fire chief,

the fire chief may post the order upon the premises where the

dangerous condition or fire hazard exists.

(c) In the event that a fire chief determines that the

dangerous condition or fire hazard which has been found to

exist places persons occupying or present in the premises at

risk of imminent bodily injury or serious harm, the fire chief

may, as part of the order issued under subsection (b), order

that the premises where such condition or fire hazard exists be

immediately vacated and not be occupied until the fire chief

inspects the premises and issues a notice that the dangerous

condition or fire hazard is no longer present and that the

premises may be occupied. An order under this subsection (c)

shall be effective immediately and notice of the order may be

given by the fire chief by posting the order at premises where

the dangerous condition or fire hazard exists.

(d) In the event an owner, occupant, or other interested

person fails to comply with an order issued by a fire chief

under subsections (b) or (c), the fire chief may refer the

order to the State's Attorney. The State's Attorney may apply

to the circuit court for enforcement of the order of the fire

chief, as issued by the fire chief or as modified by the

circuit court, under the provisions of Article XI of the Code

of Civil Procedure by temporary restraining order, preliminary

injunction or permanent injunction, provided, however, that no

bond shall be required by the court under Section 11-103 of the

Code of Civil Procedure and no damages may be assessed by the

court under Section 11-110 of the Code of Civil Procedure.

(e) The provisions of this Section are supplementary to the

provisions of the Fire Investigation Act and do not limit the

authority of any fire chief or other local officers charged

with the responsibility of investigating fires under Section 9

of the Fire Investigation Act or any other law or limit the

authority of the State Fire Marshal under the Fire

Investigation Act or any other law.

(Source: P.A. 99-811, eff. 8-15-16; revised 10-19-16.)

Section 290. The Park District Code is amended by changing

Section 9-2c as follows:

(70 ILCS 1205/9-2c) (from Ch. 105, par. 9-2c)

Sec. 9-2c. Whenever the proposition is submitted to the

voters of any park district to levy a tax for the purpose of

acquiring, constructing, maintaining, and operating airports

and landing fields for aircraft as provided in Section 9-2b,

and a majority of the votes cast upon the proposition is in

favor of the levy of such tax, the board of any such park

district may provide that bonds of such park district be issued

for the purpose of acquiring and constructing airports and

landing fields for aircraft, or for the purpose of improving

and extending such facilities when constructed. The bonds shall

be authorized by ordinance of the board, shall mature serially

in not to exceed 20 years from their date, and bear such rate

of interest as the board may determine, not, however, to exceed

the maximum rate authorized by the Bond Authorization Act, as

amended at the time of the making of the contract, payable

semi-annually, and shall be sold by the board as it may

determine but for not less than the par value thereof and

accrued interest. The bonds shall be signed by the president

(or such official as the board may designate) and secretary and

countersigned by the treasurer with the corporate seal of the

district affixed. The bonds shall be authorized by the board of

the district by ordinance which shall fix all the details of

the bonds and provide for a levy of a tax sufficient to pay the

principal of and interest on the bonds as they mature. A

certified copy of the ordinance shall be filed in the office of

the clerk of the county wherein the park district is situated,

and the county clerk shall extend a tax sufficient to pay the

principal of and interest on the bonds as they mature without

limitation as to rate or amount, and the county clerk shall

reduce the tax rate levied by the district pursuant to Section

9-2b by the amount of the rate extended for payment of

principal and interest of the bonds. The clerk shall extend the

tax as provided in Section 6-6. If the rate necessary to be

extended for the payment of principal and interest of the bonds

exceeds the rate authorized to be levied by the district,

pursuant to Section 9-2b, then the rate of tax for the payment

of bonds and interest only shall be extended. Where the

district is situated in more than one county the tax shall be

certified, apportioned and levied as provided in Section 5-4.

Notwithstanding the foregoing, after July 28, 1969, any park

district may issue bonds under this Section for the purpose of

maintaining, improving or replacing its existing airport

facilities or landing fields to the extent required to conform

to the standards of the Department of Transportation or of any

appropriate federal agency relating to a State or of federal

airports plan or airways system. If such bonds are issued the

tax levied for the payment of principal and interest of the

bonds as they mature shall be in addition to that levied by the

district under Section 9-2b and the county clerk shall extend

both taxes accordingly. The aggregate principal amount of bonds

issued under this Section that may be outstanding at any time

may not exceed 1/2 of 1% of the aggregate valuation of all

taxable property within the district, as equalized or assessed

by the Department of Revenue. No bond ordinance may take effect

nor may bonds be issued thereunder if the amount of bonds taken

with the outstanding principal indebtedness under this Section

exceeds the 1/2 of 1% limit unless the question of whether such

additional bonds shall be issued is submitted to the legal

voters of the district, in the manner provided by Section 6-4,

and a majority of those voting on the proposition vote in favor

thereof. In no event may the principal aggregate amount of any

bonds issued under such ordinance exceed, together with the

principal amount of bonds previously issued under this Section

and then outstanding, 1 1/4% of the aggregate valuation of all

taxable property within the district, as equalized or assessed

by the Department of Revenue.

Bonds issued under this Section are not a part of the

existing indebtedness of a park district for purposes of

Article 6 of this Code.

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. 86-494; revised 10-26-16.)

Section 295. The Chicago Park District Act is amended by

changing Section 26.10-8 as follows:

(70 ILCS 1505/26.10-8)

Sec. 26.10-8. Procedures for design-build selection.

(a) The Chicago Park District must use a two-phase

procedure for the selection of the successful design-build

entity. Phase I of the procedure will evaluate and shortlist

the design-build entities based on qualifications, and Phase II

will evaluate the technical and cost proposals.

(b) The Chicago Park District shall include in the request

for proposal the evaluating factors to be used in Phase I.

These factors are in addition to any prequalification

requirements of design-build entities that the Chicago Park

District has set forth. Each request for proposal shall

establish the relative importance assigned to each evaluation

factor and subfactor, including any weighting of criteria to be

employed by the Chicago Park District. The Chicago Park

District must maintain a record of the evaluation scoring to be

disclosed in event of a protest regarding the solicitation.

The Chicago Park District shall include the following

criteria in every Phase I evaluation of design-build entities:

(1) experience of personnel; (2) successful experience with

similar project types; (3) financial capability; (4)

timeliness of past performance; (5) experience with similarly

sized projects; (6) successful reference checks of the firm;

(7) commitment to assign personnel for the duration of the

project and qualifications of the entity's consultants; and (8)

ability or past performance in meeting or exhausting good faith

efforts to meet the utilization goals for minority and women

business enterprises established by the corporate authorities

of the Chicago Park District and in complying with Section

2-105 of the Illinois Human Rights Act. The Chicago Park

District may include any additional relevant criteria in Phase

I that it deems necessary for a proper qualification review.

The Chicago Park District may include any additional relevant

criteria in Phase I that it deems necessary for a proper

qualification review.

The Chicago Park District may not consider any design-build

entity for evaluation or award if the entity has any pecuniary

interest in the project or has other relationships or

circumstances, including but not limited to, long-term

leasehold, mutual performance, or development contracts with

the Chicago Park District, that may give the design-build

entity a financial or tangible advantage over other

design-build entities in the preparation, evaluation, or

performance of the design-build contract or that create the

appearance of impropriety. No design-build proposal shall be

considered that does not include an entity's plan to comply

with the requirements established in the minority and women

business enterprises and economically disadvantaged firms

established by the corporate authorities of the Chicago Park

District and with Section 2-105 of the Illinois Human Rights

Act.

Upon completion of the qualifications evaluation, the

Chicago Park District shall create a shortlist of the most

highly qualified design-build entities. The Chicago Park

District, in its discretion, is not required to shortlist the

maximum number of entities as identified for Phase II

evaluation, provided however, no less than 2 design-build

entities nor more than 6 are selected to submit Phase II

proposals.

The Chicago Park District shall notify the entities

selected for the shortlist in writing. This notification shall

commence the period for the preparation of the Phase II

technical and cost evaluations. The Chicago Park District must

allow sufficient time for the shortlist entities to prepare

their Phase II submittals considering the scope and detail

requested by the Chicago Park District.

(c) The Chicago Park District shall include in the request

for proposal the evaluating factors to be used in the technical

and cost submission components of Phase II. Each request for

proposal shall establish, for both the technical and cost

submission components of Phase II, the relative importance

assigned to each evaluation factor and subfactor, including any

weighting of criteria to be employed by the Chicago Park

District. The Chicago Park District must maintain a record of

the evaluation scoring to be disclosed in event of a protest

regarding the solicitation.

The Chicago Park District shall include the following

criteria in every Phase II technical evaluation of design-build

entities: (1) compliance with objectives of the project; (2)

compliance of proposed services to the request for proposal

requirements; (3) quality of products or materials proposed;

(4) quality of design parameters; (5) design concepts; (6)

innovation in meeting the scope and performance criteria; and

(7) constructability of the proposed project. The Chicago Park

District may include any additional relevant technical

evaluation factors it deems necessary for proper selection.

The Chicago Park District shall include the following

criteria in every Phase II cost evaluation: the guaranteed

maximum project cost and the time of completion. The Chicago

Park District may include any additional relevant technical

evaluation factors it deems necessary for proper selection. The

guaranteed maximum project cost criteria weighing factor shall

not exceed 30%.

The Chicago Park District shall directly employ or retain a

licensed design professional or landscape architect design

professional, as appropriate, to evaluate the technical and

cost submissions to determine if the technical submissions are

in accordance with generally accepted industry standards.

Upon completion of the technical submissions and cost

submissions evaluation, the Chicago Park District may award the

design-build contract to the highest overall ranked entity.

(Source: P.A. 96-777, eff. 8-28-09; revised 9-21-16.)

Section 300. The Sanitary District Act of 1907 is amended

by changing Sections 14.4 and 24 as follows:

(70 ILCS 2205/14.4) (from Ch. 42, par. 260.4)

Sec. 14.4. The board of trustees of any sanitary district

organized under this Act may require that, before any person or

municipal corporation connects to the sewage system of the

district, the district be permitted to inspect the drainage

lines of the person or municipal corporation to determine

whether they are adequate and suitable for connection to its

sewage system. In addition to the other charges provided for in

this Act, the sanitary district may collect a reasonable charge

for this inspection service. Funds collected as inspection

charges shall be used by the sanitary district for its general

corporate purposes after payment of the costs of making the

inspections.

(Source: Laws 1967, p. 3287; revised 9-21-16.)

(70 ILCS 2205/24) (from Ch. 42, par. 270)

Sec. 24. In case any sanitary district organized hereunder,

shall include within its limits, in whole or in part, any

drainage district or districts organized under the laws of this

state having levees, drains or ditches which are conducive to

sanitary purposes, such drainage district or districts shall

have paid and reimbursed re-imbursed to it or them, upon such

terms as may be agreed upon by its or their corporate

authorities and the board of trustees of said sanitary

district, the reasonable cost or value of such levee, drains or

ditches, which valuation shall in no case be fixed at less than

any unpaid indebtedness incurred by such district or districts

in contracting the same. Upon such payment being made, the

sanitary district shall have the right to appropriate and use

such levees, drains or ditches, or any part thereof, as it may

desire, for or in connection with any improvements authorized

by this act, and for or in connection with the purposes for

which said sanitary district is organized; Provided, no such

levee, drain or ditch shall be destroyed, removed or otherwise

so used as to impair its usefulness for the purposes for which

the same was constructed, without the consent of the corporate

authorities of such drainage district. In case the board of

trustees of said sanitary district and the corporate

authorities of any such drainage district shall be unable to

agree upon the compensation to be paid or reimbursed

re-imbursed to such drainage district, the same may be

ascertained and enforced by any proper proceeding in the

circuit court.

(Source: P.A. 79-1360; revised 9-21-16.)

Section 305. The North Shore Water Reclamation District Act

is amended by changing Section 8 as follows:

(70 ILCS 2305/8) (from Ch. 42, par. 284)

Sec. 8. Such sanitary district may acquire by purchase,

condemnation, or otherwise any and all real and personal

property, right of way and privilege, either within or without

its corporate limits that may be required for its corporate

purposes; and in case any district formed hereunder shall be

unable to agree with any other sanitary district upon the terms

under which it shall be permitted to use the drains, channels

or ditches of such other sanitary district, the right to use

the same may be required by condemnation in the circuit court

by proceedings in the manner, as near as may be, as is provided

in Section 4-17 of the "Illinois Drainage Code", approved June

29, 1955, as amended. The compensation to be paid for such use

may be a gross sum, or it may be in the form of an annual

rental, to be paid in yearly installments as and in the manner

provided by the judgment of the court wherein such proceedings

may be had. Provided, all moneys for the purchase and

condemnation of any property shall be paid before possession is

taken, or any work done on the premises damaged by the

construction of such channel or outlet, and in case of an

appeal from the Circuit Court taken by either party whereby the

amount of damages is not finally determined, then possession

may be taken, provided that the amount of judgment in such

court shall be deposited at some bank or savings and loan

association to be designated by the judge thereof subject to

the payment of such damages on orders signed by such judge,

whenever the amount of damages is finally determined; and when

no not longer required for such purposes, to sell, convey,

vacate and release the same.

(Source: P.A. 83-1362; revised 9-8-16.)

Section 310. The Sanitary District Act of 1936 is amended

by changing Sections 32a.5, 33, 37.1, 44, and 45 as follows:

(70 ILCS 2805/32a.5) (from Ch. 42, par. 443a.5)

Sec. 32a.5. Any contiguous territory located within the

boundaries of any sanitary district organized under this Act,

and upon the border of such district, may become disconnected

from such district in the manner provided in this Section. Ten

per cent or more of the legal voters resident in the territory

sought to be disconnected from such district, may petition the

circuit court for the county in which the original petition for

the organization of the district was filed, to cause the

question of such disconnection to be submitted to the legal

voters of such territory whether the territory shall be

disconnected. The petition shall be addressed to the court and

shall contain a definite description of the boundaries of such

territory and recite as a fact, that as of the date the

petition is filed there is no bonded indebtedness of the

sanitary district outstanding and that no special assessments

for local improvements were levied upon or assessed against any

of the lands within such territory or if so levied or assessed,

that all of such assessments have been fully paid and

discharged and that such territory is not, at the time of the

filing of such petition, and will not be, either benefited or

served by any work or improvements either then existing or then

authorized by the sanitary district. Upon filing such petition

in the office of the circuit clerk of the county in which the

original petition for the formation of such sanitary district

has been filed it is the duty of the court to consider the

boundaries of such territory and the facts upon which the

petition is founded. The court may alter the boundaries of such

territory and shall deny the prayer of the petition, if the

material allegations therein contained are not founded in fact.

The decision of the court is appealable as in other civil

cases.

Notice shall be given by the court of the time and place

when and where all persons interested will be heard

substantially as provided in and by Section 1 of this Act. The

conduct of the hearing on the question whether such territory

shall become disconnected shall be, as nearly as possible, in

accordance with Section 1 of this Act. ; The court shall certify

the question to the proper election officials who shall submit

the question at an election in accordance with the general

election law. The question shall be in substantially the

following form:

-------------------------------------------------------------

For disconnection from sanitary district.

-------------------------------------------------------------

Against disconnection from sanitary district.

-------------------------------------------------------------

If a majority of the votes cast on the question shall be in

favor of disconnection, and if the trustees of such sanitary

district shall, by ordinance, disconnect such territory,

thereupon the court shall enter an appropriate order of record

in the court and thereafter such territory shall be deemed

disconnected from such sanitary district.

(Source: P.A. 83-343; revised 9-8-16.)

(70 ILCS 2805/33) (from Ch. 42, par. 444)

Sec. 33. Any sanitary district created under this Act which

does not have outstanding and unpaid any revenue bonds issued

under the provisions of this Act may be dissolved as follows:

(a) Any 50 electors residing within the area of any

sanitary district may file with the circuit clerk of the county

in which the area is situated, a petition addressed to the

circuit court to cause submission of the question whether the

sanitary district shall be dissolved. Upon the filing of the

petition with the clerk, the court shall certify the question

to the proper election officials who shall submit the question

at an election in accordance with the general election law, and

give notice of the election in the manner provided by the

general election law.

The question shall be in substantially the following form:

-------------------------------------------------------------

"Shall the sanitary YES

district of .... be ----------------------------

dissolved?"? NO

-------------------------------------------------------------

If a majority of the votes cast on this question are in

favor of dissolution of the sanitary district, then such

organization shall cease, and the sanitary district is

dissolved, and the court shall direct the sanitary district to

discharge all outstanding obligations.

(b) The County of Lake may dissolve the Fox Lake Hills

Sanitary District, thereby acquiring all of the District's

assets and responsibilities, upon adopting a resolution

stating: (1) the reasons for dissolving the District; (2) that

there are no outstanding debts of the District or that the

County has sufficient funds on hand or available to satisfy

such debts; (3) that no federal or State permit or grant will

be impaired by dissolution of the District; and (4) that the

County assumes all assets and responsibilities of the District.

Upon dissolution of the District, the statutory powers of the

former District shall be exercised by the county board of the

Lake County. Within 60 days after the effective date of such

resolution, the County of Lake shall notify the Illinois

Environmental Protection Agency regarding the dissolution of

the Fox Hills Sanitary District.

(Source: P.A. 99-783, eff. 8-12-16; revised 10-26-16.)

(70 ILCS 2805/37.1)

Sec. 37.1. Dissolution of district with no employees and no

bond indebtedness; winding up sanitary district business; tax

by acquiring municipalities.

(a) Any sanitary district created under this Act which is

located in a county having a population of 3,000,000 or more,

which is wholly included in 3 three or more municipalities,

which no part is included in any unincorporated area, which has

no employees, and which has no revenue bond indebtedness shall,

upon July 10, 2015 (the effective date of Public Act 99-14)

this amendatory Act of the 99th General Assembly, be dissolved

by operation of law. Each of the municipalities within the

territory of a dissolved sanitary district shall be responsible

for providing sewers for collecting and disposing of sewage.

(b) The officers of any dissolved sanitary district

immediately preceding July 10, 2015 (the effective date of

Public Act 99-14) this amendatory Act of the 99th General

Assembly shall close up the business affairs of the sanitary

district by conveying title of a dissolved sanitary district's

property to the municipalities collecting and disposing of

sewage and by liquidating any remaining personal property of a

dissolved sanitary district. After all the debts and

obligations of the dissolved sanitary district have been

satisfied, any remaining monies shall be distributed to the

municipalities collecting and disposing of sewage in

proportion to the percentage of territory located within the

boundaries of each affected municipality.

(c) The corporate authorities of any municipality required

to provide sewer service under this Section after the

dissolution of a sanitary district is hereby authorized to levy

and collect a tax for the purpose of maintaining, constructing

or replacing sewers, upon the taxable property within that

municipality, the aggregate amount of which for each year may

not exceed 0.25% of the value of such property as equalized or

assessed by the Department of Revenue and that tax shall be in

addition to any taxes that may otherwise be authorized to be

levied for the general corporate purposes of the municipality

as currently provided in Section 37 of this Act. Any

outstanding obligations of the dissolved sanitary district

shall be paid from the taxes levied and collected pursuant to

this subsection.

If any tax has been levied for sewer or water purposes

prior to July 10, 2015 (the effective date of Public Act 99-14)

this amendatory Act of the 99th General Assembly by a

municipality that who would also have the power to levy such a

tax under this subsection, that tax is expressly validated.

(Source: P.A. 99-14, eff. 7-10-15; revised 9-8-16.)

(70 ILCS 2805/44) (from Ch. 42, par. 447.8)

Sec. 44. Public hearing and second resolution. At the time

and place fixed in the specified notice for the public hearing,

the committee of local improvements shall meet and hear the

representations of any person desiring to be heard on the

subject of the necessity for the proposed improvement, the

nature thereof or the cost as estimated. The district's

engineer may revise the plans, specifications or estimate of

cost at any time prior to the committee's adoption of a

resolution recommending passage of an ordinance as hereinafter

set forth. The committee may adopt a second or further

resolution abandoning the proposed scheme or adhering thereto,

or changing, altering or modifying the extent, nature, kind,

character and estimated cost, provided the change does not

increase the estimated cost of the improvement to exceed 20% of

the estimate set forth in the mailed notice of the public

hearing without a further public hearing pursuant to a new

mailed notice given in like manner as the first. Thereupon, if

the proposed improvement is not abandoned, the committee shall

have an ordinance prepared therefor to be submitted to the

board. This ordinance shall prescribe the nature, character,

locality and description of the improvement and shall provide

whether the improvement shall be made wholly or in part by

special assessment or special taxation of benefited property

and may provide that plans and specifications for the proposed

improvement be made part of the ordinance by reference to plans

and specifications specification on file in the office of the

district's engineer or to plans and specifications adopted or

published by the State of Illinois or any political subdivision

or agency thereof. If the improvement is to be paid in part

only by special assessment or special taxation, the ordinance

shall so state. If the improvement requires the taking or

damaging of property, the ordinance shall so state, and the

proceedings for making just compensation therefor shall be as

described in Sections 9-2-14 through 9-2-37 of the Illinois

Municipal Code, as now or hereafter amended.

(Source: P.A. 85-1137; revised 9-8-16.)

(70 ILCS 2805/45) (from Ch. 42, par. 447.9)

Sec. 45. Recommendation by committee. Accompanying any

ordinance for a local improvement presented by the committee of

local improvements to the board shall be a recommendation of

such improvement by the committee signed by at a least a

majority of the members thereof, together with an estimate of

the cost of the improvement, including the cost of engineering

services, as originally contemplated or as changed, altered or

modified at the public hearing, itemized so far as the

committee deems necessary and signed by the board's engineer.

The recommendation by the committee shall be prima facie

evidence that all the preliminary requirements of the law have

been complied with. If a variance is shown on the proceedings

in the court, it shall not affect the validity of the

proceeding unless the court deems the variance willful and

substantial.

In the event the improvement is to be constructed with

assistance from any agency of the federal government or other

governmental agency, the estimate of cost shall state this fact

and shall set forth the estimated amount that is to be provided

by the agency of the federal government or other governmental

agency.

The person appointed to make the assessments as provided

hereinafter shall make a true and impartial assessment upon the

petitioning district and the property benefited by such

improvement of that portion of the estimated cost that is

within the benefits exclusive of the amount to be provided by

the agency of the federal government or other governmental

agency.

(Source: P.A. 85-1137; revised 9-7-16.)

Section 315. The Surface Water Protection District Act is

amended by changing Section 21 as follows:

(70 ILCS 3405/21) (from Ch. 42, par. 468)

Sec. 21. The board of trustees may levy and collect other

taxes for all corporate purposes, including, without limiting

the generality of the foregoing, the payment of all obligations

incurred in taking over the surface water protection facilities

of any city, village, or incorporated town located within the

boundaries of any such district, exclusive of taxes to pay

bonded indebtedness upon all the taxable property within the

territorial limits of such surface water protection district,

the aggregate amount of which shall not exceed .125% of the

value, as equalized or assessed by the Department of Revenue

except as provided in this Section.

If the board of trustees desires desire to levy such taxes

at a rate in excess of .125% but not in excess of .25% of the

value of all taxable property within the district as equalized

or assessed by the Department of Revenue, the board of trustees

they shall certify the question to the proper election

officials who shall submit the question at an a election in

accordance with the general election law. The result of the

referendum shall be entered upon the records of the district.

If a majority of the votes on the proposition are in favor of

the proposition, the board of trustees may levy such taxes at a

rate not to exceed .25% of the value of all taxable property

within the district, as equalized or assessed by the Department

of Revenue. The proposition shall be in substantially the

following form:

-------------------------------------------------------------

Shall the maximum allowable

tax rate for .... Surface Water YES

Protection District be increased

to .25% of the value of all taxable -------------------

property within the District as

equalized or assessed by the NO

Department of Revenue?

-------------------------------------------------------------

In any surface water protection district organized under

Section 4a, the board of trustees may levy such taxes at a rate

in excess of .125% but not in excess of .25% of the value of all

taxable property in the district as equalized or assessed by

the Department of Revenue without an election provided such tax

rate increase is authorized by the owners of all the property

within the district.

(Source: P.A. 81-1550; revised 9-7-16.)

Section 320. The Metropolitan Transit Authority Act is

amended by changing Section 12a as follows:

(70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)

Sec. 12a. (a) In addition to other powers provided in

Section 12b, the Authority may issue its notes from time to

time, in anticipation of tax receipts of the Regional

Transportation Authority allocated to the Authority or of other

revenues or receipts of the Authority, in order to provide

money for the Authority to cover any cash flow deficit which

the Authority anticipates incurring. Provided, however, that

no such notes may be issued unless the annual cost thereof is

incorporated in a budget or revised budget of the Authority

which has been approved by the Regional Transportation

Authority. Any such notes are referred to as "Working Cash

Notes". Provided further that, the board shall not issue and

have outstanding or demand and direct that the Board of the

Regional Transportation Authority issue and have outstanding

more than an aggregate of $40,000,000 in Working Cash Notes. No

Working Cash Notes shall be issued for a term of longer than 18

months. Proceeds of Working Cash Notes may be used to pay day

to day operating expenses of the Authority, consisting of

wages, salaries and fringe benefits, professional and

technical services (including legal, audit, engineering and

other consulting services), office rental, furniture, fixtures

and equipment, insurance premiums, claims for self-insured

amounts under insurance policies, public utility obligations

for telephone, light, heat and similar items, travel expenses,

office supplies, postage, dues, subscriptions, public hearings

and information expenses, fuel purchases, and payments of

grants and payments under purchase of service agreements for

operations of transportation agencies, prior to the receipt by

the Authority from time to time of funds for paying such

expenses. Proceeds of the Working Cash Notes shall not be used

(i) to increase or provide a debt service reserve fund for any

bonds or notes other than Working Cash Notes of the same

Series, or (ii) to pay principal of or interest or redemption

premium on any capital bonds or notes, whether as such amounts

become due or by earlier redemption, issued by the Authority or

a transportation agency to construct or acquire public

transportation facilities, or to provide funds to purchase such

capital bonds or notes.

(b) The ordinance providing for the issuance of any such

notes shall fix the date or dates of maturity, the dates on

which interest is payable, any sinking fund account or reserve

fund account provisions and all other details of such notes and

may provide for such covenants or agreements necessary or

desirable with regard to the issue, sale and security of such

notes. The Authority shall determine and fix the rate or rates

of interest of its notes issued under this Act in an ordinance

adopted by the Board prior to the issuance thereof, none of

which rates of interest shall exceed that permitted in the Bond

Authorization Act "An Act to authorize public corporations to

issue bonds, other evidences of indebtedness and tax

anticipation warrants subject to interest rate limitations set

forth therein", approved May 26, 1970, as now or hereafter

amended. Interest may be payable annually or semi-annually, or

at such other times as determined by the Board. Notes issued

under this Section may be issued as serial or term obligations,

shall be of such denomination or denominations and form,

including interest coupons to be attached thereto, be executed

in such manner, shall be payable at such place or places and

bear such date as the Board shall fix by the ordinance

authorizing such note and shall mature at such time or times,

within a period not to exceed 18 months from the date of issue,

and may be redeemable prior to maturity with or without

premium, at the option of the Board, upon such terms and

conditions as the Board shall fix by the ordinance authorizing

the issuance of such notes. The Board may provide for the

registration of notes in the name of the owner as to the

principal alone or as to both principal and interest, upon such

terms and conditions as the Board may determine. The ordinance

authorizing notes may provide for the exchange of such notes

which are fully registered, as to both principal and interest,

with notes which are registerable as to principal only. All

notes issued under this Section by the Board shall be sold at a

price which may be at a premium or discount but such that the

interest cost (excluding any redemption premium) to the Board

of the proceeds of an issue of such notes, computed to stated

maturity according to standard tables of bond values, shall not

exceed that permitted in the Bond Authorization Act "An Act to

authorize public corporations to issue bonds, other evidences

of indebtedness and tax anticipation warrants subject to

interest rate limitations set forth therein", approved May 26,

1970, as now or hereafter amended. Such notes shall be sold at

such time or times as the Board shall determine. The notes may

be sold either upon competitive bidding or by negotiated sale

(without any requirement of publication of intention to

negotiate the sale of such notes), as the Board shall determine

by ordinance adopted with the affirmative votes of at least 4

Directors. In case any officer whose signature appears on any

notes or coupons authorized pursuant to this Section shall

cease to be such officer before delivery of such notes, such

signature shall nevertheless be valid and sufficient for all

purposes, the same as if such officer had remained in office

until such delivery. Neither the Directors of the Regional

Transportation Authority, the Directors of the Authority nor

any person executing any bonds or notes thereof shall be liable

personally on any such bonds or notes or coupons by reason of

the issuance thereof.

(c) All notes of the Authority issued pursuant to this

Section shall be general obligations of the Authority to which

shall be pledged the full faith and credit of the Authority, as

provided in this Section. Such notes shall be secured as

provided in the authorizing ordinance, which may,

notwithstanding any other provision of this Act, include in

addition to any other security, a specific pledge or assignment

of and lien on or security interest in any or all tax receipts

of the Regional Transportation Authority allocated to the

Authority and on any or all other revenues or moneys of the

Authority from whatever source which may by law be utilized for

debt service purposes and a specific pledge or assignment of

and lien on or security interest in any funds or accounts

established or provided for by the ordinance of the Board

authorizing the issuance of such notes. Any such pledge,

assignment, lien or security interest for the benefit of

holders of notes of the Authority shall be valid and binding

from the time the notes are issued without any physical

delivery or further act, and shall be valid and binding as

against and prior to the claims of all other parties having

claims of any kind against the Authority or any other person

irrespective of whether such other parties have notice of such

pledge, assignment, lien or security interest. The obligations

of the Authority incurred pursuant to this Section shall be

superior to and have priority over any other obligations of the

Authority except for obligations under Section 12. The Board

may provide in the ordinance authorizing the issuance of any

notes issued pursuant to this Section for the creation of,

deposits in, and regulation and disposition of sinking fund or

reserve accounts relating to such notes. The ordinance

authorizing the issuance of any notes pursuant to this Section

may contain provisions as part of the contract with the holders

of the notes, for the creation of a separate fund to provide

for the payment of principal and interest on such notes and for

the deposit in such fund from any or all the tax receipts of

the Regional Transportation Authority allocated to the

Authority and from any or all such other moneys or revenues of

the Authority from whatever source which may by law be utilized

for debt service purposes, all as provided in such ordinance,

of amounts to meet the debt service requirements on such notes,

including principal and interest, and any sinking fund or

reserve fund account requirements as may be provided by such

ordinance, and all expenses incident to or in connection with

such fund and accounts or the payment of such notes. Such

ordinance may also provide limitations on the issuance of

additional notes of the Authority. No such notes of the

Authority shall constitute a debt of the State of Illinois.

(d) The ordinance of the Board authorizing the issuance of

any notes may provide additional security for such notes by

providing for appointment of a corporate trustee (which may be

any trust company or bank having the powers of a trust company

within the State) with respect to such notes. The ordinance

shall prescribe the rights, duties and powers of the trustee to

be exercised for the benefit of the Authority and the

protection of the holders of such notes. The ordinance may

provide for the trustee to hold in trust, invest and use

amounts in funds and accounts created as provided by the

ordinance with respect to the notes. The ordinance shall

provide that amounts so paid to the trustee which are not

required to be deposited, held or invested in funds and

accounts created by the ordinance with respect to notes or used

for paying notes to be paid by the trustee to the Authority.

(e) Any notes of the Authority issued pursuant to this

Section shall constitute a contract between the Authority and

the holders from time to time of such notes. In issuing any

note, the Board may include in the ordinance authorizing such

issue a covenant as part of the contract with the holders of

the notes, that as long as such obligations are outstanding, it

shall make such deposits, as provided in paragraph (c) of this

Section. A certified copy of the ordinance authorizing the

issuance of any such obligations shall be filed at or prior to

the issuance of such obligations with the Regional

Transportation Authority, Comptroller of the State of Illinois

and the Illinois Department of Revenue.

(f) The State of Illinois pledges to and agrees with the

holders of the notes of the Authority issued pursuant to this

Section that the State will not limit or alter the rights and

powers vested in the Authority by this Act or in the Regional

Transportation Authority by the "Regional Transportation

Authority Act" so as to impair the terms of any contract made

by the Authority with such holders or in any way impair the

rights and remedies of such holders until such notes, together

with interest thereon, with interest on any unpaid installments

of interest, and all costs and expenses in connection with any

action or proceedings by or on behalf of such holders, are

fully met and discharged. In addition, the State pledges to and

agrees with the holders of the notes of the Authority issued

pursuant to this Section that the State will not limit or alter

the basis on which State funds are to be paid to the Authority

as provided in the Regional Transportation Authority Act, or

the use of such funds, so as to impair the terms of any such

contract. The Board is authorized to include these pledges and

agreements of the State in any contract with the holders of

bonds or notes issued pursuant to this Section.

(g) The Board shall not at any time issue, sell or deliver

any Interim Financing Notes pursuant to this Section which will

cause it to have issued and outstanding at any time in excess

of $40,000,000 of Working Cash Notes. Notes which are being

paid or retired by such issuance, sale or delivery of notes,

and notes for which sufficient funds have been deposited with

the paying agency of such notes to provide for payment of

principal and interest thereon or to provide for the redemption

thereof, all pursuant to the ordinance authorizing the issuance

of such notes, shall not be considered to be outstanding for

the purposes of this paragraph.

(h) The Board, subject to the terms of any agreements with

noteholders as may then exist, shall have power, out of any

funds available therefor, to purchase notes of the Authority

which shall thereupon be cancelled.

(i) In addition to any other authority granted by law, the

State Treasurer may, with the approval of the Governor, invest

or reinvest, at a price not to exceed par, any State money in

the State Treasury which is not needed for current expenditures

due or about to become due in Interim Financing Notes.

(Source: P.A. 96-328, eff. 8-11-09; revised 9-22-16.)

Section 325. The Public Transit Employee Training Programs

Act is amended by changing Section 3 as follows:

(70 ILCS 3620/3) (from Ch. 111 2/3, par. 803)

Sec. 3. (a). All mass transit employees shall be required

to participate in an anti-crime program that comprehensively

addresses the identification of and reaction to potentially

dangerous situations involving carrier operatives or

passengers.

(b). The establishment of minimum standards, however, in no

way precludes a carrier from implementing alternate or more

advanced programs so long as said programs are:

(1) consistent with the imperative of subsection (a);

(2) developed in consultation with a recognized crime

prevention organization; and

(3) carried out in consultation with the Review

Committee established under Section 8 of this Act.

(Source: P.A. 81-846; revised 9-12-16.)

Section 330. The School Code is amended by changing

Sections 2-3.161, 10-22.29a, 14-6.01, 21B-70, 22-30, 27A-9,

30-14.2, 34-54.2, and 34A-404, by setting forth and renumbering

multiple versions of Sections 2-3.167, 10-20.58, and 34-18.50,

and by setting forth, renumbering, and changing multiple

versions of Section 34-18.49 as follows:

(105 ILCS 5/2-3.161)

Sec. 2-3.161. Definition of dyslexia; reading instruction

advisory group.

(a) The State Board of Education shall incorporate, in both

general education and special education, the following

definition of dyslexia:

Dyslexia is a specific learning disability that is

neurobiological in origin. Dyslexia is characterized by

difficulties with accurate and/or fluent word recognition

and by poor spelling and decoding abilities. These

difficulties typically result from a deficit in the

phonological component of language that is often

unexpected in relation to other cognitive abilities and the

provision of effective classroom instruction. Secondary

consequences may include problems in reading comprehension

and reduced reading experience that can impede growth of

vocabulary and background knowledge.

(b) Subject to specific State appropriation or the

availability of private donations, the State Board of Education

shall establish an advisory group to develop a training module

or training modules to provide education and professional

development to teachers, school administrators, and other

education professionals regarding multi-sensory, systematic,

and sequential instruction in reading. This advisory group

shall complete its work before December 15, 2015 and is

abolished on December 15, 2015. The State Board of Education

shall reestablish the advisory group abolished on December 15,

2015 to complete the abolished group's work. The reestablished

advisory group shall complete its work before December 31, 2016

and is abolished on December 31, 2016. The provisions of this

subsection (b), other than this sentence, are inoperative after

December 31, 2016.

(Source: P.A. 98-705, eff. 7-14-14; 99-65, eff. 7-16-15; 99-78,

eff. 7-20-15; 99-602, eff. 7-22-16; 99-603, eff. 7-22-16;

revised 9-6-16.)

(105 ILCS 5/2-3.167)

(Section scheduled to be repealed on July 1, 2018)

Sec. 2-3.167. Task Force on Computer Science Education.

(a) The State Board of Education shall establish a Task

Force on Computer Science Education, to be comprised of all of

the following members, with an emphasis on bipartisan

legislative representation and diverse non-legislative

stakeholder representation:

(1) One member appointed by the Speaker of the House of

Representatives.

(2) One member appointed by the President of the

Senate.

(3) One member appointed by the Minority Leader of the

House of Representatives.

(4) One member appointed by the Minority Leader of the

Senate.

(5) One member appointed by the head of a statewide

association representing teachers.

(6) One member appointed by the head of an association

representing teachers in a city of over 500,000 people.

(7) One member appointed by the head of an association

representing computer science teachers.

(8) One member appointed by the head of an association

representing school boards.

(9) One member appointed by the head of an association

representing the media.

(10) One member appointed by the head of an association

representing the non-profit sector that promotes computer

science education as a core mission.

(11) One member appointed by the head of an association

representing the non-profit sector that promotes computer

science education among the general public.

(12) One member appointed by the president of an

institution of higher education who teaches college or

graduate-level government courses or facilitates a program

dedicated to cultivating computer science education.

(13) One member appointed by the head of an association

representing principals or district superintendents.

(14) The chief executive officer of the school district

organized under Article 34 of this Code or his or her

designee.

(b) The members of the Task Force shall serve without

compensation but shall be reimbursed for their reasonable and

necessary expenses from funds appropriated to the State Board

of Education for that purpose. The members of the Task Force

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.

(c) The members of the Task Force shall be considered

members with voting rights. A quorum of the Task Force shall

consist of a simple majority of the members of the Task Force.

All actions and recommendations of the Task Force must be

approved by a simple majority vote of the members.

(d) The Task Force shall meet initially at the call of the

State Superintendent of Education, shall elect one member as

chairperson at its initial meeting through a simple majority

vote of the Task Force, and shall thereafter meet at the call

of the chairperson.

(e) The State Board of Education shall provide

administrative and other support to the Task Force.

(f) The Task Force is charged with all of the following

tasks:

(1) To analyze the current state of computer science

education in this State.

(2) To analyze current computer science education laws

in other jurisdictions, both mandated and permissive.

(3) To identify best practices in computer science

education in other jurisdictions.

(4) To make recommendations to the General Assembly

focused on substantially increasing computer science

education and the capacity of youth to obtain the requisite

knowledge, skills, and practices to be educated in computer

science.

(5) To make funding recommendations, if the Task

Force's recommendations to the General Assembly would

require a fiscal commitment.

(g) No later than July 1, 2017, the Task Force shall

summarize its findings and recommendations in a report to the

General Assembly, filed as provided in Section 3.1 of the

General Assembly Organization Act. Upon filing its report, the

Task Force is dissolved.

(h) This Section is repealed on July 1, 2018.

(Source: P.A. 99-647, eff. 7-28-16.)

(105 ILCS 5/2-3.168)

Sec. 2-3.168 2-3.167. Advisory Council on At-Risk

Students.

(a) For purposes of this Section, "at-risk students" means

students served by the Department of Human Services who receive

services through Medicaid, the Supplemental Nutrition

Assistance Program, the Children's Health Insurance Program,

or Temporary Assistance for Needy Families, as well as students

under the legal custody of the Department of Children and

Family Services. Students may not be counted more than once for

receiving multiple services from the Department of Human

Services or if they receive those services and are under the

legal custody of the Department of Children and Family

Services.

(b) The Advisory Council on At-Risk Students is created

within the State Board of Education. The Advisory Council shall

consist of all of the following members:

(1) One member of the House of Representatives

appointed by the Speaker of the House of Representatives.

(2) One member of the House of Representatives

appointed by the Minority Leader of the House of

Representatives.

(3) One member of the Senate appointed by the President

of the Senate.

(4) One member of the Senate appointed by the Minority

Leader of the Senate.

(5) The following members appointed by the State

Superintendent of Education:

(A) One member who is an educator representing a

statewide professional teachers' organization.

(B) One member who is an educator representing a

different statewide professional teachers'

organization.

(C) One member who is an educator representing a

professional teachers' organization in a city having a

population exceeding 500,000.

(D) One member from an organization that works for

economic, educational, and social progress for African

Americans and promotes strong sustainable communities

through advocacy, collaboration, and innovation.

(E) One member from an organization that

facilitates the involvement of Latino Americans at all

levels of public decision-making.

(F) One member from an organization focused on

research-based education policy to support a school

system that prepares all students for college, a

career, and democratic citizenship.

(G) One member from an organization dedicated to

advocating for public policies to prevent

homelessness.

(H) One member from the Illinois Student

Assistance Commission.

(I) One member from an organization that works to

ensure the health and safety of Illinois youth and

families by providing capacity building services.

(J) One member from an organization that provides

public high school students with opportunities to

explore and develop their talents, while gaining

critical skills for work, college, and beyond.

(K) One member from an organization that promotes

the strengths and abilities of youth and families by

providing community-based services that empower each

to face life's challenges with confidence, competence,

and dignity.

(L) One member from an organization that connects

former members of the foster care system with current

children in the foster care system.

(M) One member who has experience with research and

statistics.

(N) Three members who are parents of at-risk

students.

(O) One member from an organization that optimizes

the positive growth of at-risk youth and individuals

working with at-risk youth through support services.

(P) One member from a statewide organization

representing regional offices of education.

Members of the Council shall, to the extent possible, be

selected on the basis of experience with or knowledge of

various programs for at-risk students. The Council shall, to

the extent possible, include diverse membership from a variety

of socio-economic, racial, and ethnic backgrounds.

(c) Initial members of the Council shall serve terms

determined by lot as follows:

(1) Seven members shall serve for one year.

(2) Seven members shall serve for 2 years.

(3) The remaining members shall serve for 3 years.

Successors shall serve 3-year terms. Members must serve until

their successors are appointed and have qualified.

(d) Members of the Council shall not receive compensation

for the performance of their duties on the Council.

(e) The Council shall initially meet at the call of the

State Superintendent of Education. At the initial meeting,

members shall select a chairperson from among their number by

majority vote; a representative from the State Board of

Education may cast a deciding vote if there is a tie. The

Council shall select a chairperson annually, who may be the

same chairperson as the year prior. The Council shall meet at

the call of the chairperson after the initial meeting.

(f) The State Board of Education and City of Chicago School

District 299 shall provide administrative support to the

Council.

(g) The Council shall accept and consider public comments

when making its recommendations.

(h) By no later than December 15, 2017, the Council shall

submit a report to the State Superintendent of Education, the

Governor, and the General Assembly addressing, at a minimum,

the following with respect to school districts where racial

minorities comprise a majority of the student population:

(1) What are the barriers to success present for

at-risk students?

(2) How much does socio-economic status impact

academic and career achievement?

(3) How do at-risk students perform academically?

(4) How do at-risk students perform academically

compared to students from higher socio-economic statuses?

(5) What programs are shown to help at-risk students

reach higher levels of academic and career achievement?

(6) What specific curriculums help the academic

success of at-risk students?

(7) Of curriculums that help at-risk students, which of

these need to be implemented within the Illinois Learning

Standards?

(8) To what degree do school districts teach cultural

history, and how can this be improved?

(9) Specific policy recommendations to improve the

academic success of at-risk students.

(10) Any other information that the Council determines

will assist in the understanding of the barriers to success

for or increase the academic performance of at-risk

students.

The Council shall submit an annual report with updated

information on the barriers to academic success and the

academic progress of at-risk students by no later than December

15 of each year beginning the year after the initial report is

submitted.

(Source: P.A. 99-721, eff. 8-5-16; revised 10-14-16.)

(105 ILCS 5/2-3.169)

Sec. 2-3.169 2-3.167. State Global Scholar Certification.

(a) The State Global Scholar Certification Program is

established to recognized public high school graduates who have

attained global competence. State Global Scholar Certification

shall be awarded beginning with the 2017-2018 school year.

School district participation in this certification is

voluntary.

(b) The purposes of State Global Scholar Certification are

as follows:

(1) To recognize the value of a global education.

(2) To certify attainment of global competence.

(3) To provide employers with a method of identifying

globally competent employees.

(4) To provide colleges and universities with an

additional method to recognize applicants seeking

admission.

(5) To prepare students with 21st century skills.

(6) To encourage the development of a globally ready

workforce in the STEM (science, technology, engineering,

and mathematics), manufacturing, agriculture, and service

sectors.

(c) State Global Scholar Certification confirms attainment

of global competence, sufficient for meaningful use in college

and a career, by a graduating public high school student.

(d) The State Board of Education shall adopt such rules as

may be necessary to establish the criteria that students must

achieve to earn State Global Scholar Certification, which shall

minimally include attainment of units of credit in globally

focused courses, service learning experiences, global

collaboration and dialogue, and passage of a capstone project

demonstrating global competency, as approved by the

participating school district for this purpose.

(e) The State Board of Education shall do both of the

following:

(1) Prepare and deliver to participating school

districts an appropriate mechanism for designating State

Global Scholar Certification on the diploma and transcript

of a student indicating that the student has been awarded

State Global Scholar Certification by the State Board of

Education.

(2) Provide other information the State Board of

Education deems necessary for school districts to

successfully participate in the certification.

(f) A school district that participates in certification

under this Section shall do both of the following:

(1) Maintain appropriate records in order to identify

students who have earned State Global Scholar

Certification.

(2) Make the appropriate designation on the diploma and

transcript of each student who earns State Global Scholar

Certification.

(g) No fee may be charged to a student to receive the

designation pursuant to the Section. Notwithstanding this

prohibition, costs may be incurred by the student in

demonstrating proficiency.

(Source: P.A. 99-780, eff. 8-12-16; revised 10-14-16.)

(105 ILCS 5/10-20.58)

Sec. 10-20.58. Accelerate College pilot program. School

districts may enter into Accelerate College educational

partnership agreements as authorized under Section 3-42.4 of

the Public Community College Act.

(Source: P.A. 99-611, eff. 7-22-16.)

(105 ILCS 5/10-20.59)

Sec. 10-20.59 10-20.58. DCFS liaison.

(a) Each school board may appoint at least one employee to

act as a liaison to facilitate the enrollment and transfer of

records of students in the legal custody of the Department of

Children and Family Services when enrolling in or changing

schools. The school board may appoint any employee of the

school district who is licensed under Article 21B of this Code

to act as a liaison; however, employees who meet any of the

following criteria must be prioritized for appointment:

(1) Employees who have worked with mobile student

populations or students in foster care.

(2) Employees who are familiar with enrollment, record

transfers, existing community services, and student

support services.

(3) Employees who serve as a high-level administrator.

(4) Employees who are counselors or have experience

with student counseling.

(5) Employees who are knowledgeable on child welfare

policies.

(6) Employees who serve as a school social worker.

(b) Liaisons under this Section are encouraged to build

capacity and infrastructure within their school district to

support students in the legal custody of the Department of

Children and Family Services. Liaison responsibilities may

include the following:

(1) streamlining the enrollment processes for students

in foster care;

(2) implementing student data tracking and monitoring

mechanisms;

(3) ensuring that students in the legal custody of the

Department of Children and Family Services receive all

school nutrition and meal programs available;

(4) coordinating student withdrawal from a school,

record transfers, and credit recovery;

(5) becoming experts on the foster care system and

State laws and policies in place that support children

under the legal custody of the Department of Children and

Family Services;

(6) coordinating with child welfare partners;

(7) providing foster care-related information and

training to the school district;

(8) working with the Department of Children and Family

Services to help students maintain their school placement,

if appropriate;

(9) reviewing student schedules to ensure that

students are on track to graduate;

(10) encouraging a successful transition into

adulthood and post-secondary opportunities;

(11) encouraging involvement in extracurricular

activities; and

(12) knowing what support is available within the

school district and community for students in the legal

custody of the Department of Children and Family Services.

(c) A school district is encouraged to designate a liaison

by the beginning of the 2017-2018 school year.

(d) Individuals licensed under Article 21B of this Code

acting as a liaison under this Section shall perform the duties

of a liaison in addition to existing contractual obligations.

(Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)

(105 ILCS 5/10-22.29a) (from Ch. 122, par. 10-22.29a)

Sec. 10-22.29a. To authorize the establishment of an

investment club, in any high school within the district, to be

organized on a purely voluntary basis. The State Board of

Education may, however, promulgate reasonable standards

regarding the establishment, organization and operation of

investment clubs formed pursuant to this Section which

standards must be complied with by all those concerned. The

superintendent of schools shall, when the board has authorized

the establishment of an investment club, designate a teacher in

the high school where the club is organized to serve as sponsor

of the club and as the fiduciary for members of the club in

making the purchases and sales of securities on behalf of the

members and shall also designate an investment dealer

registered with the Secretary of State of Illinois as an

investment dealer; to provide investment counseling and

brokerage services for the members of the club. That investment

dealer shall (a) reflect all transactions entered into on

behalf of the investment club in an account in the name of the

teacher as fiduciary, (b) submit monthly to the fiduciary a

statement of account reflecting all transactions entered into

on behalf of the club during the previous month including the

prices paid on purchases and the proceeds received on sales of

securities and the costs and fees incurred in each transaction

and listing the accumulated holdings of the investment club by

type of security, number of shares of stock, name of the issuer

and any other information necessary to identify the composition

of the accumulated security holdings of the club, and (c)

handle transactions on behalf of the club, through the

designated fiduciary as a street account rather than through

issuance of certificates in the name of the fiduciary or of

individual club members. Any investment club formed under this

Section must sell all securities purchased through the club and

distribute the proceeds of sales to its members by May 20th

each year. All investment clubs are subject to the provisions

of the "The Illinois Securities Law of 1953", as amended.

(Source: P.A. 81-1508; revised 10-25-16.)

(105 ILCS 5/14-6.01) (from Ch. 122, par. 14-6.01)

Sec. 14-6.01. Powers and duties of school boards. School

boards of one or more school districts establishing and

maintaining any of the educational facilities described in this

Article shall, in connection therewith, exercise similar

powers and duties as are prescribed by law for the

establishment, maintenance and management of other recognized

educational facilities. Such school boards shall include only

eligible children in the program and shall comply with all the

requirements of this Article and all rules and regulations

established by the State Board of Education. Such school boards

shall accept in part-time attendance children with

disabilities of the types described in Sections 14-1.02 through

14-1.07 who are enrolled in nonpublic schools. A request for

part-time attendance must be submitted by a parent or guardian

of the child with a disability and may be made only to those

public schools located in the district where the child

attending the nonpublic school resides; however, nothing in

this Section shall be construed as prohibiting an agreement

between the district where the child resides and another public

school district to provide special educational services if such

an arrangement is deemed more convenient and economical.

Special education and related services must be provided in

accordance with the student's IEP no later than 10 school

attendance days after notice is provided to the parents

pursuant to Section 300.503 of Title 34 of the Code of Federal

Regulations and implementing rules adopted by the State Board

of Education. Transportation for students in part time

attendance shall be provided only if required in the child's

individualized educational program on the basis of the child's

disabling condition or as the special education program

location may require.

A school board shall publish a public notice in its

newsletter of general circulation or in the newsletter of

another governmental entity of general circulation in the

district or if neither is available in the district, then in a

newspaper of general circulation in the district, the right of

all children with disabilities to a free appropriate public

education as provided under this Code. Such notice shall

identify the location and phone number of the office or agent

of the school district to whom inquiries should be directed

regarding the identification, assessment and placement of such

children.

School boards shall immediately provide upon request by any

person written materials and other information that indicates

the specific policies, procedures, rules and regulations

regarding the identification, evaluation or educational

placement of children with disabilities under Section 14-8.02

of the School Code. Such information shall include information

regarding all rights and entitlements of such children under

this Code, and of the opportunity to present complaints with

respect to any matter relating to educational placement of the

student, or the provision of a free appropriate public

education and to have an impartial due process hearing on the

complaint. The notice shall inform the parents or guardian in

the parents' or guardian's native language, unless it is

clearly not feasible to do so, of their rights and all

procedures available pursuant to this Act and federal Public

Law 94-142; it shall be the responsibility of the State

Superintendent to develop uniform notices setting forth the

procedures available under this Act and federal Public Law

94-142, as amended, to be used by all school boards. The notice

shall also inform the parents or guardian of the availability

upon request of a list of free or low-cost legal and other

relevant services available locally to assist parents or

guardians in exercising rights or entitlements under this Code.

Any parent or guardian who is deaf, or does not normally

communicate using spoken English, who participates in a meeting

with a representative of a local educational agency for the

purposes of developing an individualized educational program

shall be entitled to the services of an interpreter.

No student with a disability or, in a school district

organized under Article 34 of this Code, child with a learning

disability may be denied promotion, graduation or a general

diploma on the basis of failing a minimal competency test when

such failure can be directly related to the disabling condition

of the student. For the purpose of this Act, "minimal

competency testing" is defined as tests which are constructed

to measure the acquisition of skills to or beyond a certain

defined standard.

Effective July 1, 1966, high school districts are

financially responsible for the education of pupils with

disabilities who are residents in their districts when such

pupils have reached age 15 but may admit children with

disabilities into special educational facilities without

regard to graduation from the eighth grade after such pupils

have reached the age of 14 1/2 years. Upon a pupil with a

disability attaining the age of 14 1/2 years, it shall be the

duty of the elementary school district in which the pupil

resides to notify the high school district in which the pupil

resides of the pupil's current eligibility for special

education services, of the pupil's current program, and of all

evaluation data upon which the current program is based. After

an examination of that information the high school district may

accept the current placement and all subsequent timelines shall

be governed by the current individualized educational program;

or the high school district may elect to conduct its own

evaluation and multidisciplinary staff conference and

formulate its own individualized educational program, in which

case the procedures and timelines contained in Section 14-8.02

shall apply.

(Source: P.A. 98-219, eff. 8-9-13; 99-143, eff. 7-27-15;

99-592, eff. 7-22-16; revised 9-6-16.)

(105 ILCS 5/21B-70)

Sec. 21B-70. Illinois Teaching Excellence Program.

(a) As used in this Section:

"Poverty or low-performing school" means a school

identified as a priority school under Section 2-3.25d-5 of this

Code or a school in which 50% or more of its students are

eligible for free or reduced-price school lunches.

"Qualified educator" means a teacher or school counselor

currently employed in a school district who is in the process

of obtaining certification through the National Board for

Professional Teaching Standards or who has completed

certification and holds a current Professional Educator

License with a National Board for Professional Teaching

Standards designation or a retired teacher or school counselor

who holds a Professional Educator License with a National Board

for Professional Teaching Standards designation.

(b) Beginning on July 1, 2011, any funds appropriated for

the Illinois Teaching Excellence Program must be used to

provide monetary assistance and incentives for qualified

educators who are employed by school districts and who have or

are in the process of obtaining licensure through the National

Board for Professional Teaching Standards. The goal of the

program is to improve instruction and student performance.

The State Board of Education shall allocate an amount as

annually appropriated by the General Assembly for the Illinois

Teaching Excellence Program for (i) application fees for each

qualified educator seeking to complete certification through

the National Board for Professional Teaching Standards, to be

paid directly to the National Board for Professional Teaching

Standards, and (ii) incentives for each qualified educator to

be distributed to the respective school district. The school

district shall distribute this payment to each eligible teacher

or school counselor as a single payment.

The State Board of Education's annual budget must set out

by separate line item the appropriation for the program. Unless

otherwise provided by appropriation, qualified educators are

eligible for monetary assistance and incentives outlined in

subsection (c) of this Section.

(c) When there are adequate funds available, monetary

assistance and incentives shall include the following:

(1) A maximum of $2,000 towards the application fee for

up to 750 teachers or school counselors in a poverty or

low-performing school who apply on a first-come,

first-serve basis for National Board certification.

(2) A maximum of $2,000 towards the application fee for

up to 250 teachers or school counselors in a school other

than a poverty or low-performing school who apply on a

first-come, first-serve basis for National Board

certification. However, if there were fewer than 750

individuals supported in item (1) of this subsection (c),

then the number supported in this item (2) may be increased

as such that the combination of item (1) of this subsection

(c) and this item (2) shall equal 1,000 applicants.

(3) A maximum of $1,000 towards the National Board for

Professional Teaching Standards' renewal application fee.

(4) (Blank).

(5) An annual incentive equal to $1,500, which shall be

paid to each qualified educator currently employed in a

school district who holds both a National Board for

Professional Teaching Standards designation and a current

corresponding certificate issued by the National Board for

Professional Teaching Standards and who agrees, in

writing, to provide at least 30 hours of mentoring or

National Board for Professional Teaching Standards

professional development or both during the school year to

classroom teachers or school counselors, as applicable.

Funds must be disbursed dispersed on a first-come,

first-serve basis, with priority given to poverty or

low-performing schools. Mentoring shall include, either

singly or in combination, the following:

(A) National Board for Professional Teaching

Standards certification candidates.

(B) National Board for Professional Teaching

Standards re-take candidates.

(C) National Board for Professional Teaching

Standards renewal candidates.

(D) (Blank).

Funds may also be used for instructional leadership

training for qualified educators interested in supporting

implementation of the Illinois Learning Standards or teaching

and learning priorities of the State Board of Education or

both.

(Source: P.A. 98-646, eff. 7-1-14; 99-193, eff. 7-30-15;

revised 10-25-16.)

(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; asthma episode emergency response protocol.

(a) For the purpose of this Section only, the following

terms shall have the meanings set forth below:

"Asthma action plan" means a written plan developed with a

pupil's medical provider to help control the pupil's asthma.

The goal of an asthma action plan is to reduce or prevent

flare-ups and emergency department visits through day-to-day

management and to serve as a student-specific document to be

referenced in the event of an asthma episode.

"Asthma episode emergency response protocol" means a

procedure to provide assistance to a pupil experiencing

symptoms of wheezing, coughing, shortness of breath, chest

tightness, or breathing difficulty.

"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 with prescriptive

authority, or (iii) a licensed advanced practice nurse with

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 with prescriptive authority, or

(iii) a licensed advanced practice nurse with prescriptive

authority.

"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

or while being transported on a school bus.

(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 or while being

transported on a school bus. 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 that is accessible

before, during, and after school 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-3) Whichever entity initiates the process of obtaining

undesignated epinephrine auto-injectors and providing training

to personnel for carrying and administering undesignated

epinephrine auto-injectors shall pay for the costs of the

undesignated epinephrine auto-injectors.

(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 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 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. their 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.

Training shall include, but is not limited to:

(1) how to recognize signs and symptoms of an allergic

reaction, including anaphylaxis;

(2) how to administer an epinephrine auto-injector;

and

(3) a test demonstrating competency of the knowledge

required to recognize anaphylaxis and administer an

epinephrine auto-injector.

Training may also include, but is not limited to:

(A) a review of high-risk areas within a school and its

related facilities;

(B) steps to take to prevent exposure to allergens;

(C) emergency follow-up procedures;

(D) how to respond to a student with a known allergy,

as well as a student with a previously unknown allergy; and

(E) 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 of

Education 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.

If a school district, public school, or nonpublic school

maintains or has an independent contractor providing

transportation to students who maintains a supply of

undesignated epinephrine auto-injectors, then the school

district, public school, or nonpublic school must report that

information to the State Board of Education upon adoption or

change of the policy of the school district, public school,

nonpublic school, or independent contractor, in a manner as

prescribed by the State Board. The report must include the

number of undesignated epinephrine auto-injectors in supply.

(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 of Education, 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 of Education shall submit a report to the General

Assembly identifying the frequency and circumstances of

epinephrine administration during the preceding academic year.

Beginning with the 2017 report, the report shall also contain

information on which school districts, public schools, and

nonpublic schools maintain or have independent contractors

providing transportation to students who maintain a supply of

undesignated epinephrine auto-injectors. This report shall be

published on the State Board's Internet website on the date the

report is delivered to the General Assembly.

(j-5) Annually, each school district, public school,

charter school, or nonpublic school shall request an asthma

action plan from the parents or guardians of a pupil with

asthma. If provided, the asthma action plan must be kept on

file in the office of the school nurse or, in the absence of a

school nurse, the school administrator. Copies of the asthma

action plan may be distributed to appropriate school staff who

interact with the pupil on a regular basis, and, if applicable,

may be attached to the pupil's federal Section 504 plan or

individualized education program plan.

(j-10) To assist schools with emergency response

procedures for asthma, the State Board of Education, in

consultation with statewide professional organizations with

expertise in asthma management and a statewide organization

representing school administrators, shall develop a model

asthma episode emergency response protocol before September 1,

2016. Each school district, charter school, and nonpublic

school shall adopt an asthma episode emergency response

protocol before January 1, 2017 that includes all of the

components of the State Board's model protocol.

(j-15) Every 2 years, school personnel who work with pupils

shall complete an in-person or online training program on the

management of asthma, the prevention of asthma symptoms, and

emergency response in the school setting. In consultation with

statewide professional organizations with expertise in asthma

management, the State Board of Education shall make available

resource materials for educating school personnel about asthma

and emergency response in the school setting.

(j-20) On or before October 1, 2016 and every year

thereafter, the State Board of Education 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 of Education may adopt rules necessary

to implement this Section.

(l) Nothing in this Section shall limit the amount of

epinephrine auto-injectors that any type of school or student

may carry or maintain a supply of.

(Source: P.A. 98-795, eff. 8-1-14; 99-173, eff. 7-29-15;

99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-711, eff. 1-1-17;

99-843, eff. 8-19-16; revised 9-8-16.)

(105 ILCS 5/27A-9)

Sec. 27A-9. Term of charter; renewal.

(a) For charters granted before January 1, 2017 (the

effective date of Public Act 99-840) this amendatory Act of the

99th General Assembly, a charter may be granted for a period

not less than 5 and not more than 10 school years. For charters

granted on or after January 1, 2017 (the effective date of

Public Act 99-840) this amendatory Act of the 99th General

Assembly, a charter shall be granted for a period of 5 school

years. For charters renewed before January 1, 2017 (the

effective date of Public Act 99-840) this amendatory Act of the

99th General Assembly, a charter may be renewed in incremental

periods not to exceed 5 school years. For charters renewed on

or after January 1, 2017 (the effective date of Public Act

99-840) this amendatory Act of the 99th General Assembly, a

charter may be renewed in incremental periods not to exceed 10

school years; however, the Commission may renew a charter only

in incremental periods not to exceed 5 years. Authorizers shall

ensure that every charter granted on or after January 1, 2017

(the effective date of Public Act 99-840) this amendatory Act

of the 99th General Assembly includes standards and goals for

academic, organizational, and financial performance. A charter

must meet all standards and goals for academic, organizational,

and financial performance set forth by the authorizer in order

to be renewed for a term in excess of 5 years but not more than

10 years. If an authorizer fails to establish standards and

goals, a charter shall not be renewed for a term in excess of 5

years. Nothing contained in this Section shall require an

authorizer to grant a full 10-year renewal term to any

particular charter school, but an authorizer may award a full

10-year renewal term to charter schools that have a

demonstrated track record of improving student performance.

(b) A charter school renewal proposal submitted to the

local school board or the Commission, as the chartering entity,

shall contain:

(1) A report on the progress of the charter school in

achieving the goals, objectives, pupil performance

standards, content standards, and other terms of the

initial approved charter proposal; and

(2) A financial statement that discloses the costs of

administration, instruction, and other spending categories

for the charter school that is understandable to the

general public and that will allow comparison of those

costs to other schools or other comparable organizations,

in a format required by the State Board.

(c) A charter may be revoked or not renewed if the local

school board or the Commission, as the chartering entity,

clearly demonstrates that the charter school did any of the

following, or otherwise failed to comply with the requirements

of this law:

(1) Committed a material violation of any of the

conditions, standards, or procedures set forth in the

charter.

(2) Failed to meet or make reasonable progress toward

achievement of the content standards or pupil performance

standards identified in the charter.

(3) Failed to meet generally accepted standards of

fiscal management.

(4) Violated any provision of law from which the

charter school was not exempted.

In the case of revocation, the local school board or the

Commission, as the chartering entity, shall notify the charter

school in writing of the reason why the charter is subject to

revocation. The charter school shall submit a written plan to

the local school board or the Commission, whichever is

applicable, to rectify the problem. The plan shall include a

timeline for implementation, which shall not exceed 2 years or

the date of the charter's expiration, whichever is earlier. If

the local school board or the Commission, as the chartering

entity, finds that the charter school has failed to implement

the plan of remediation and adhere to the timeline, then the

chartering entity shall revoke the charter. Except in

situations of an emergency where the health, safety, or

education of the charter school's students is at risk, the

revocation shall take place at the end of a school year.

Nothing in Public Act 96-105 this amendatory Act of the 96th

General Assembly shall be construed to prohibit an

implementation timetable that is less than 2 years in duration.

(d) (Blank).

(e) Notice of a local school board's decision to deny,

revoke, or not to renew a charter shall be provided to the

Commission and the State Board. The Commission may reverse a

local board's decision if the Commission finds that the charter

school or charter school proposal (i) is in compliance with

this Article, and (ii) is in the best interests of the students

it is designed to serve. The Commission may condition the

granting of an appeal on the acceptance by the charter school

of funding in an amount less than that requested in the

proposal submitted to the local school board. Final decisions

of the Commission shall be subject to judicial review under the

Administrative Review Law.

(f) Notwithstanding other provisions of this Article, if

the Commission on appeal reverses a local board's decision or

if a charter school is approved by referendum, the Commission

shall act as the authorized chartering entity for the charter

school. The Commission shall approve the charter and shall

perform all functions under this Article otherwise performed by

the local school board. The State Board shall determine whether

the charter proposal approved by the Commission is consistent

with the provisions of this Article and, if the approved

proposal complies, certify the proposal pursuant to this

Article. The State Board shall report the aggregate number of

charter school pupils resident in a school district to that

district and shall notify the district of the amount of funding

to be paid by the State Board to the charter school enrolling

such students. The Commission shall require the charter school

to maintain accurate records of daily attendance that shall be

deemed sufficient to file claims under Section 18-8.05

notwithstanding any other requirements of that Section

regarding hours of instruction and teacher certification. The

State Board shall withhold from funds otherwise due the

district the funds authorized by this Article to be paid to the

charter school and shall pay such amounts to the charter

school.

(g) For charter schools authorized by the Commission, the

Commission shall quarterly certify to the State Board the

student enrollment for each of its charter schools.

(h) For charter schools authorized by the Commission, the

State Board shall pay directly to a charter school any federal

or State aid attributable to a student with a disability

attending the school.

(Source: P.A. 98-739, eff. 7-16-14; 99-840, eff. 1-1-17;

revised 10-27-16.)

(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)

Sec. 30-14.2. MIA/POW scholarships.

(a) Any spouse, natural child, legally adopted child, or

step-child of an eligible veteran or serviceperson who

possesses all necessary entrance requirements shall, upon

application and proper proof, be awarded a MIA/POW Scholarship

consisting of the equivalent of 4 calendar years of full-time

enrollment including summer terms, to the state supported

Illinois institution of higher learning of his choice, subject

to the restrictions listed below.

"Eligible veteran or serviceperson" means any veteran or

serviceperson, including an Illinois National Guard member who

is on active duty or is active on a training assignment, who

has been declared by the U.S. Department of Defense or the U.S.

Department of Veterans Veterans' Affairs to be a prisoner of

war, be missing in action, have died as the result of a

service-connected disability or have become a person with a

permanent disability from service-connected causes with 100%

disability and who (i) at the time of entering service was an

Illinois resident, (ii) was an Illinois resident within 6

months after entering such service, or (iii) until July 1,

2014, became an Illinois resident within 6 months after leaving

the service and can establish at least 30 years of continuous

residency in the State of Illinois.

Full-time enrollment means 12 or more semester hours of

courses per semester, or 12 or more quarter hours of courses

per quarter, or the equivalent thereof per term. Scholarships

utilized by dependents enrolled in less than full-time study

shall be computed in the proportion which the number of hours

so carried bears to full-time enrollment.

Scholarships awarded under this Section may be used by a

spouse or child without regard to his or her age. The holder of

a Scholarship awarded under this Section shall be subject to

all examinations and academic standards, including the

maintenance of minimum grade levels, that are applicable

generally to other enrolled students at the Illinois

institution of higher learning where the Scholarship is being

used. If the surviving spouse remarries or if there is a

divorce between the veteran or serviceperson and his or her

spouse while the dependent is pursuing his or her course of

study, Scholarship benefits will be terminated at the end of

the term for which he or she is presently enrolled. Such

dependents shall also be entitled, upon proper proof and

application, to enroll in any extension course offered by a

State supported Illinois institution of higher learning

without payment of tuition and approved fees.

The holder of a MIA/POW Scholarship authorized under this

Section shall not be required to pay any matriculation or

application fees, tuition, activities fees, graduation fees or

other fees, except multipurpose building fees or similar fees

for supplies and materials.

Any dependent who has been or shall be awarded a MIA/POW

Scholarship shall be reimbursed by the appropriate institution

of higher learning for any fees which he or she has paid and

for which exemption is granted under this Section if

application for reimbursement is made within 2 months following

the end of the school term for which the fees were paid.

(b) In lieu of the benefit provided in subsection (a), any

spouse, natural child, legally adopted child, or step-child of

an eligible veteran or serviceperson, which spouse or child has

a physical, mental or developmental disability, shall be

entitled to receive, upon application and proper proof, a

benefit to be used for the purpose of defraying the cost of the

attendance or treatment of such spouse or child at one or more

appropriate therapeutic, rehabilitative or educational

facilities. The application and proof may be made by the parent

or legal guardian of the spouse or child on his or her behalf.

The total benefit provided to any beneficiary under this

subsection shall not exceed the cost equivalent of 4 calendar

years of full-time enrollment, including summer terms, at the

University of Illinois. Whenever practicable in the opinion of

the Department of Veterans' Affairs, payment of benefits under

this subsection shall be made directly to the facility, the

cost of attendance or treatment at which is being defrayed, as

such costs accrue.

(c) The benefits of this Section shall be administered by

and paid for out of funds made available to the Illinois

Department of Veterans' Affairs. The amounts that become due to

any state supported Illinois institution of higher learning

shall be payable by the Comptroller to such institution on

vouchers approved by the Illinois Department of Veterans'

Affairs. The amounts that become due under subsection (b) of

this Section shall be payable by warrant upon vouchers issued

by the Illinois Department of Veterans' Affairs and approved by

the Comptroller. The Illinois Department of Veterans' Affairs

shall determine the eligibility of the persons who make

application for the benefits provided for in this Section.

(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;

revised 9-2-16.)

(105 ILCS 5/34-18.49)

Sec. 34-18.49. 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) The 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. Alarms permanently powered by the building's

electrical system and monitored by any required fire alarm

system are also permitted.

(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 9-6-16.)

(105 ILCS 5/34-18.50)

Sec. 34-18.50. Accelerate College pilot program. The

district may enter into an Accelerate College educational

partnership agreement as authorized under Section 3-42.4 of the

Public Community College Act.

(Source: P.A. 99-611, eff. 7-22-16.)

(105 ILCS 5/34-18.51)

Sec. 34-18.51 34-18.49. Committee on the retention of

students.

(a) The board may create a committee on the retention of

students. The committee shall consist of the general

superintendent of schools or his or her designee, a district

administrator who directs student instruction and curriculum,

a principal from a school of the district, and a teacher from a

school of the district.

(b) Prior to retention in a grade, a school may submit, by

a date as set by the committee on the retention of students,

the names of all students determined by the school to not

qualify for promotion to the next higher grade and the reason

for that determination. The committee shall review the school's

decision to retain with respect to each student and shall make

a final decision regarding whether or not to retain a

particular student. The committee shall take into

consideration the relevant data and evidence gathered during

the Response to Intervention process. The committee may vote to

overturn a retention decision if the committee determines that

the student should be promoted after examining the student's

access to remedial assistance, performance, attendance, and

participation and the resources and facilities provided by the

school district or due to the student having an undiagnosed

learning disability.

(Source: P.A. 99-592, eff. 7-22-16; revised 9-6-16.)

(105 ILCS 5/34-18.52)

Sec. 34-18.52 34-18.50. DCFS liaison.

(a) The board may appoint at least one employee to act as a

liaison to facilitate the enrollment and transfer of records of

students in the legal custody of the Department of Children and

Family Services when enrolling in or changing schools. The

board may appoint any employee of the school district who is

licensed under Article 21B of this Code to act as a liaison;

however, employees who meet any of the following criteria must

be prioritized for appointment:

(1) Employees who have worked with mobile student

populations or students in foster care.

(2) Employees who are familiar with enrollment, record

transfers, existing community services, and student

support services.

(3) Employees who serve as a high-level administrator.

(4) Employees who are counselors or have experience

with student counseling.

(5) Employees who are knowledgeable on child welfare

policies.

(6) Employees who serve as a school social worker.

(b) Liaisons under this Section are encouraged to build

capacity and infrastructure within the school district to

support students in the legal custody of the Department of

Children and Family Services. Liaison responsibilities may

include the following:

(1) streamlining the enrollment processes for students

in foster care;

(2) implementing student data tracking and monitoring

mechanisms;

(3) ensuring that students in the legal custody of the

Department of Children and Family Services receive all

school nutrition and meal programs available;

(4) coordinating student withdrawal from a school,

record transfers, and credit recovery;

(5) becoming experts on the foster care system and

State laws and policies in place that support children

under the legal custody of the Department of Children and

Family Services;

(6) coordinating with child welfare partners;

(7) providing foster care-related information and

training to the school district;

(8) working with the Department of Children and Family

Services to help students maintain their school placement,

if appropriate;

(9) reviewing student schedules to ensure that

students are on track to graduate;

(10) encouraging a successful transition into

adulthood and post-secondary opportunities;

(11) encouraging involvement in extracurricular

activities; and

(12) knowing what support is available within the

school district and community for students in the legal

custody of the Department of Children and Family Services.

(c) The school district is encouraged to designate a

liaison by the beginning of the 2017-2018 school year.

(d) Individuals licensed under Article 21B of this Code

acting as a liaison under this Section shall perform the duties

of a liaison in addition to existing contractual obligations.

(Source: P.A. 99-781, eff. 8-12-16; revised 10-18-16.)

(105 ILCS 5/34-54.2) (from Ch. 122, par. 34-54.2)

Sec. 34-54.2. Taxes levied in 1989 and 1990.

(a) All real property taxes levied by the board in 1989 and

1990 are confirmed and validated, and are declared to be and

are valid, in all respects as if they had been timely and

properly levied by the city council upon the demand and

direction of the Board. It shall not be a valid ground for any

person in any way to object to, protest, bring any proceeding

with regard to or defend against the collection of any such

taxes, that the taxes were levied by the board.

(b) The board may levy taxes against all taxable property

located within the city in an amount equal to all taxes

purported to be levied by the board in 1989 and in 1990, for

each purpose for which taxes were purported so to be levied, to

the extent those taxes shall not yet have been extended for

collection at the time of the levy authorized by this paragraph

(b). The taxes authorized to be levied by this paragraph (b)

shall be levied by a resolution of the board selected pursuant

to Public Act 86-1477 this amendatory Act of 1991. The

resolution shall be adopted upon concurrence of a majority of

the members of the board. The taxes levied pursuant to this

paragraph (b) shall be extended for collection in 1991 and

subsequent years and in amounts so that they do not exceed the

maximum rates at which taxes may be extended for the various

school purposes, all as shall be set forth in a certificate of

the controller of the board as provided in Section Sec. 34-54.1

of this the School Code, as amended. Taxes levied pursuant to

this paragraph (b) shall be in addition to all other taxes

which have been or may be levied by or for the board, except

that the extension of taxes levied pursuant to this paragraph

(b), to the extent valid and legal in all respects, shall be an

abatement of the same amount of taxes previously purported to

be levied by the board which were to have been extended in the

same year for the same purpose, it being the intention of the

General Assembly that there not be extended duplicate taxes for

the same year and purpose. It shall not be necessary that the

board give any notice or conduct any hearings for any purpose

whatsoever or to have adopted any proceedings with respect to

any budget, in connection with the levy and extension of taxes

pursuant to this paragraph (b). The board shall cause a

certified copy of its resolution levying taxes pursuant to this

paragraph (b) to be filed with the county clerk of each county

in which any taxable property in the city is located within 30

days after the adoption of the resolution.

(Source: P.A. 86-1477; revised 9-2-16.)

(105 ILCS 5/34A-404) (from Ch. 122, par. 34A-404)

Sec. 34A-404. Budgets. The Board shall develop and adopt

and submit to the Authority on or before February 1, 1980, for

approval by the Authority, a revised Budget for the remaining

portion of the Fiscal Year ending in 1980 and, thereafter, an

annual Budget for each Fiscal Year. After adoption by the

Board, the Board shall submit each Budget to the Authority for

its approval not later than 30 days prior to the commencement

of the Fiscal Year to which the Budget relates. The Authority

shall approve or reject the Budget within 15 days of its

receipt from the Board. No Budget shall have force or effect

without approval of the Authority. Each Budget shall be

developed, submitted, approved and monitored in accordance

with the following procedures:

(a) Each Budget submitted by the Board shall be based

upon revenue estimates approved or prepared by the

Authority, as provided in paragraph (a) of Section 34A-403

of this Article.

(b) Each Budget shall contain such information and

detail as may be prescribed by the Authority. The Authority

may also prescribe any reasonable time, standards,

procedures or forms for preparation and submission of the

Budget. Any deficit for the Fiscal Year ending in 1981 and

for any Fiscal Year thereafter shall be included as a

current expense item for the succeeding Fiscal Year.

(c)(1) The Authority shall approve each Budget if, in

its judgment, the Budget is complete, is reasonably capable

of being achieved, will meet the requirement set forth in

Section 34A-402 of this Article, and will be consistent

with the Financial Plan in effect. Otherwise, the Authority

shall reject the Budget. In the event of rejection, the

Authority may prescribe a procedure and standards for

revision of the Budget by the Board.

(c)(2) For any Fiscal Year, the Authority may approve a

provisional budget that, in its judgment, will satisfy the

standards of subdivision (c)(1) of this Section if,

notwithstanding the provisions of the Illinois Educational

Labor Relations Act or any other law to the contrary, the

amount appropriated therein for all spending for

operations shall not at any time, on an annualized basis,

exceed an Expenditure Limitation established by the

Authority. The Authority may establish and enforce,

including by exercise of its powers under Section

34A-409(b), such monitoring and control measures as it

deems necessary to assure that the commitments,

obligations, expenditures, and cash disbursements of the

Board continue to conform on an ongoing basis with any

Expenditure Limitation. No commitment, contract, or other

obligation of the Board in excess of the Expenditure

Limitation shall be legally binding, and any member of the

Board or any local school council, or officer, employee or

agent thereof, who violates the provisions of this Section

shall be subject to the provisions of Sections 34-52 and

34A-608. An Expenditure Limitation established by the

Authority shall remain in effect for that Fiscal Year or

until revoked by the Authority.

(d) The Board shall report to the Authority at such

times and in such manner as the Authority may direct,

concerning the Board's compliance with each Budget. The

Authority may review the Board's operations, obtain

budgetary data and financial statements, require the Board

to produce reports, and have access to any other

information in the possession of the Board that the

Authority deems relevant. The Authority may issue

recommendations or directives within its powers to the

Board to assure compliance with the Budget. The Board shall

produce such budgetary data, financial statements, reports

and other information and comply with such directives.

(e) After approval of each Budget, the Board shall

promptly notify the Authority of any material change in the

revenue or expenditure estimates in the Budget. The Board

may submit to the Authority, or the Authority may require

the Board to submit, a supplemental Budget. The Authority

shall approve or reject each supplemental Budget pursuant

to paragraph (c) of this Section.

(Source: P.A. 88-511; revised 9-2-16.)

Section 335. The Education for Homeless Children Act is

amended by changing Section 1-10 as follows:

(105 ILCS 45/1-10)

Sec. 1-10. Choice of schools.

(a) When a child loses permanent housing and becomes a

homeless person within the meaning of Section 1-5 5, or when a

homeless child changes his or her temporary living

arrangements, the parents or guardians of the homeless child

shall have the option of either:

(1) continuing the child's education in the school of

origin for as long as the child remains homeless or, if the

child becomes permanently housed, until the end of the

academic year during which the housing is acquired; or

(2) enrolling the child in any school that nonhomeless

students who live in the attendance area in which the child

or youth is actually living are eligible to attend.

(Source: P.A. 88-634, eff. 1-1-95; revised 10-25-16.)

Section 340. The Speech Rights of Student Journalists Act

is amended by changing Section 5 as follows:

(105 ILCS 80/5)

Sec. 5. Definitions. As used in this Act:

"School official" means a school's principal or his or her

designee."

"School-sponsored media" means any material that is

prepared, substantially written, published, or broadcast by a

student journalist at a public school, distributed or generally

made available to members of the student body, and prepared

under the direction of a student media adviser.

School-sponsored media does not include media intended for

distribution or transmission solely in the classroom in which

the media is produced.

"Student journalist" means a public high school student who

gathers, compiles, writes, edits, photographs, records, or

prepares information for dissemination in school-sponsored

media.

"Student media adviser" means an individual employed,

appointed, or designated by a school district to supervise or

provide instruction relating to school-sponsored media.

(Source: P.A. 99-678, eff. 7-29-16; revised 10-25-16.)

Section 345. The Career and Workforce Transition Act is

amended by changing Section 5 as follows:

(110 ILCS 151/5)

Sec. 5. Definitions. In this Act:

"Board" means the Illinois Community College Board.

"Institution" means a non-degree granting institution that

is regulated and approved by the Board of Higher Education

under the Private Business and Vocational Schools Act of 2012

and that is nationally accredited by an accreditor approved by

the U.S. Department of Education.

(Source: P.A. 99-468, eff. 1-1-16; revised 10-25-16.)

Section 350. The University of Illinois Construction

Financing Act is amended by changing Section 1 as follows:

(110 ILCS 415/1) (from Ch. 144, par. 68)

Sec. 1. For the purpose of obtaining a grant or inducing

the making of a grant by the United States or any agency

thereof (herein called the "Government") or a grant, gift or

loan by or from any person or corporation, to aid in financing

the acquiring, constructing or equipping of any one or more, or

all university, college, or educational building or buildings

(herein called the "project") on which the Board of Trustees of

the University of Illinois (herein called the "Board") shall

enter into a year-to-year year to year or other lease, or be

given the privilege to enter into any such lease, the Board

shall have the following powers in addition to those conferred

by other laws:

1. To create a trust or trusts (the trustee or trustees

thereunder being herein called the "active trustee" ') for

the purpose of acquiring, constructing, equipping any one

or more, or all, such projects and providing for the use

thereof during such period as the Board may determine and

for other purposes, which trust may be for exclusively

university or other public educational purposes; to

convey, upon such terms as it may determine, any of its

property to an active trustee to be held in trust under the

terms and provisions of the trust agreement relating

thereto;

2. To enter into trust agreements creating trusts which

shall be and constitute charitable trusts and shall not be

subject to the rule against perpetuities, providing the

powers and duties of the active trustee, which may consist

of such powers and duties as the Board may deem necessary

or convenient to accomplish the purposes of the trust,

including, without limiting the generality of the

foregoing, the power of such active trustee:

(a) to construct, reconstruct, improve, alter and

repair any such project; to hold, manage, operate, use,

insure, lease or rent any project;

(b) to issue negotiable bonds, notes or interim

receipts (herein called the "bonds") maturing over a

period not exceeding 30 years for the purpose of aiding

in financing any project and to make covenants securing

the bonds or relating to the bonds and the disposition

and use of the proceeds thereof;

(c) to secure such bonds by an indenture to a

trustee or trustees for the holders of such bonds

(herein called the "bondholders' trustee") providing

the rights and powers of such trustee and of the

bondholders, their respective rights to enforce the

payment of the bonds or any covenants securing or

relating to same, which shall not, however, include the

right to forfeit or obtain title to the project through

foreclosure proceedings or otherwise; to covenant as

to events of default, the consequences thereof and the

conditions upon which bonds may become or be declared

due before maturity;

(d) to confer upon the bondholders' trustee the

power, in case of a default under the bonds or

indenture securing same, to enforce the payments of all

sums due under leases of any project, to compel the

performance of any covenants or conditions therein, to

take possession, use, operate, manage and control any

project and collect and dispose of the rents therefrom;

in the event that such powers are conferred upon the

bondholders' trustee, same may be exercised by it

without its forfeiting or obtaining title to the

project through foreclosure proceedings or otherwise;

(e) to confer upon the bondholders' trustee the

power, in case of a default under the bonds or

indenture securing same, to lease, use or operate a

project for purposes other than those for which the

active trustee itself may lease, use or operate same;

the conferring of such power upon the bondholders'

trustee shall not, however, affect the validity or

exclusively public educational character of a trust or

the property held by the active trustee thereunder;

(f) to execute all instruments and contracts and to

do all things necessary or convenient to carry out the

powers conferred by such trust agreement.

3. To enter into agreements creating or authorizing the

creation of special funds for moneys held for the

construction of any project and to covenant as to the use

and disposition of the moneys held in such funds;

4. To enter into a year-to-year year to year or other

lease on any such projects, with the privilege in the Board

of terminating or not renewing such lease for any year or

years, upon giving such notice as may be prescribed in such

lease; such lease shall be in such form, with such rental,

terms, parties and conditions as the Board may determine;

to obtain options to lease any such projects from year to

year, and to exercise such options; to vest in its lessor

and in a trustee for the holders of bonds issued by its

lessor, the right by mandamus, injunction, civil action or

proceedings, to enforce the payment by the Board of any

sums due under any such lease or to compel its performance

of any covenants or conditions contained therein;

5. To agree with the Government that if the Board

leases any such project or projects from an active trustee,

a bondholders' trustee or otherwise, the Board shall pledge

for the payment of its rentals or the performance of its

obligations under any such lease its own receipts,

collections or trust funds thereunto available (herein

called "funds") which it is authorized by law to retain in

its own treasury for the performance of any contract or

undertaking with the Government or any person in connection

with any grant, advance, loan, trust agreement or contract

for the erection of a building or buildings; to pledge and

use said funds for the payment of its rents or for the

performance of its obligations under any such lease;

provided, however, that the aggregate amount pledged by the

Board for the payment in any year of rentals or obligations

under such lease or leases of any project for the

construction of which the Government makes both a loan and

a grant together with all sums pledged for the payment in

any such year of other obligations incurred by the Board

under the University of Illinois Works Projects Act "An Act

to authorize the Board of Trustees of the University of

Illinois to enter into contracts with the United States for

the erection of buildings and improvements, pursuant to

Public Resolution 11, 74th Congress, First Session, House

Joint Resolution 117, approved by the President of the

United States April 8, 1935, at 4:00 p.m., and to authorize

the financing of such improvements in conformity with such

resolution, the National Industrial Recovery Act, and such

other Acts of Congress enacted for the purpose of aiding

the processes of national recovery," approved July 11,

1935, or this Act, or under both such Acts, for the

construction of which the Government makes both a loan and

a grant, and including the Congressional Resolution

approved June 29, 1937, as amended June 21, 1938, known as

Federal Public Buildings Appropriation Act of 1938, and

other acts of the United States Congress heretofore or

hereafter enacted for the purpose of providing public

buildings for the States and governmental agencies

thereof, shall not exceed the sum of $100,000; to covenant

against pledging all or any part of said receipts or

collections or permitting or suffering any lien thereon;

6. To create a trust or trusts, in which the Board

itself may serve as trustee, for the acquisition, through

lease, purchase or construction, and for maintenance and

operation of self-liquidating buildings, such as a student

center building or student residence halls, or both,

through the collection of service charges or rentals from

students, and for whose use such funds shall be held by the

Board in its own treasury, which service charges or rentals

shall be so held in trust by the Board and expended solely

for the purpose described in the instruments creating the

trust or trusts;

7. To exercise all or any part or combination of the

powers herein granted and to execute all instruments and

contracts and to do all things necessary or convenient to

carry out the powers herein granted; provided, however,

that the obligations under leases, trust agreements or

otherwise incurred by the Board pursuant to this Act shall

not be a debt of the State of Illinois and the State shall

not be liable thereon, and provided further that the bonds

and other obligations of an active trustee appointed

hereunder by the Board shall not be a debt of the Board or

the State and neither the Board nor the State shall be

liable thereon, and the bonds shall in substance so recite.

The obligations under leases, trust agreements or

otherwise incurred hereunder by the Board and the bonds or

other obligations of an active trustee appointed hereunder

shall not constitute an indebtedness within the meaning of

any constitutional or other debt limitation or

restriction.

(Source: P.A. 83-345; revised 9-2-16.)

Section 355. The Higher Education Student Assistance Act is

amended by changing Sections 90 and 135 as follows:

(110 ILCS 947/90)

Sec. 90. State income tax refund and other payment

intercept. The Commission may provide by rule for

certification to the Comptroller: (a) of delinquent or

defaulted amounts due and owing owning from a borrower on any

loan guaranteed by the Commission under this Act or on any

"eligible loan" as that term is defined under the Educational

Loan Purchase Program Law; and (b) of any amounts recoverable

under Section 120 in a civil action from a person who received

a scholarship, grant, monetary award, or guaranteed loan. The

purpose of certification shall be to intercept State income tax

refunds and other payments due such borrowers and persons in

order to satisfy, in whole or in part: (i) delinquent or

defaulted amounts due and owing from any such borrower on any

such guaranteed or eligible loan; and (ii) amounts recoverable

from a person against whom a civil action will lie under the

provisions of Section 120. The rule shall provide for notice to

any such borrower or person affected, and any final

administrative decision rendered by the Commission with

respect to any certification made pursuant to this Section

shall be reviewed only under and in accordance with the

Administrative Review Law.

(Source: P.A. 87-997; revised 9-2-16.)

(110 ILCS 947/135)

Sec. 135. Definitions. In this Act, and except to the

extent that any of the following words or phrases is

specifically qualified by its context:

(a) "Purchase Program" means the Commission exercising its

power to establish a secondary market for certain loans of

borrowers by the purchase thereof with the proceeds from the

sale of the bonds of the Commission issued pursuant to this

Act, with the earnings received by the Commission from any

authorized investment, or with eligible loan receipts.

(b) "Eligible loans" means loans of borrowers made,

purchased, or guaranteed by or transferred to the Commission,

including but not limited to loans on which:

(1) the borrower is contractually delinquent in his

repayment obligations within time limitations specified by

the Commission; or

(2) the borrower is temporarily unable to meet his

repayment obligations for reasons of unemployment, or

financial, medical or other hardship as determined by the

Commission; or

(3) the borrower has at least one loan held by the

Commission under the Purchase Program; or

(4) the borrower's lender, because of the bankruptcy of

that lender, is no longer able or the Commission otherwise

determines that such lender is no longer able to

satisfactorily service the borrower's loan or fulfill the

borrower's credit needs under the Commission's program; or

(5) the borrower has defaulted on his loan, but has

subsequently established a satisfactory repayment history

under the rules of the Commission; and notwithstanding the

limitations of this Act, the Purchase Program shall have

the authority to purchase those defaulted accounts in order

to restore the borrower's credit rating and continued

eligibility for benefits under other Federal student

assistance programs.

Nothing in this Act shall be construed to prohibit the

Commission from making or purchasing any category of loans if

the Commission determines that the making or purchasing of such

loans would tend to make more loans available to eligible

borrowers.

Nothing in this Act shall be construed to excuse the holder

of an eligible loan from exercising reasonable care and

diligence in the making and collecting of such loans. If the

Commission finds that the lender has substantially failed to

exercise that care and diligence, the Commission shall

disqualify the lender from participation in Commission

programs until the Commission is satisfied that the lender's

failure has ceased and finds that there is reasonable assurance

that the lender will in the future exercise necessary care and

diligence and comply with the rules and regulations of the

Commission.

(c) "Eligible loan receipts" means any of the following:

(1) Principal, accrued interest, late charges and

other sums paid on eligible loans held by the Commission.

(2) Reimbursements paid by the federal government, the

State of Illinois, the Commission exercising its power to

guarantee the loans of borrowers, or any other source held

by the Commission.

(3) Accruing interest payments and special allowance

payments paid by the federal government pursuant to the

Higher Education Act of 1965. or any other federal statute

providing for federal payment of interest and special

allowances on loans or by any other source on eligible

loans held by the Commission.

(4) Any other sums paid by any source to the Commission

on or for eligible loans held by the Commission.

(d) "Bonds" means bonds, notes, and other evidences of

borrowing of the Commission.

(Source: P.A. 88-553; 89-442, eff. 12-21-95; revised 9-2-16.)

Section 360. The Savings Bank Act is amended by changing

Sections 4013, 5001, and 9002.5 as follows:

(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)

Sec. 4013. Access to books and records; communication with

members and shareholders.

(a) Every member or shareholder shall have the right to

inspect books and records of the savings bank that pertain to

his accounts. Otherwise, the right of inspection and

examination of the books and records shall be limited as

provided in this Act, and no other person shall have access to

the books and records nor shall be entitled to a list of the

members or shareholders.

(b) For the purpose of this Section, the term "financial

records" means any original, any copy, or any summary of (1) a

document granting signature authority over a deposit or

account; (2) a statement, ledger card, or other record on any

deposit or account that shows each transaction in or with

respect to that account; (3) a check, draft, or money order

drawn on a savings bank or issued and payable by a savings

bank; or (4) any other item containing information pertaining

to any relationship established in the ordinary course of a

savings bank's business between a savings bank and its

customer, including financial statements or other financial

information provided by the member or shareholder.

(c) This Section does not prohibit:

(1) The preparation, examination, handling, or

maintenance of any financial records by any officer,

employee, or agent of a savings bank having custody of

records or examination of records by a certified public

accountant engaged by the savings bank to perform an

independent audit.

(2) The examination of any financial records by, or the

furnishing of financial records by a savings bank to, any

officer, employee, or agent of the Commissioner of Banks

and Real Estate or the federal depository institution

regulator for use solely in the exercise of his duties as

an officer, employee, or agent.

(3) The publication of data furnished from financial

records relating to members or holders of capital where the

data cannot be identified to any particular member,

shareholder, or account.

(4) The making of reports or returns required under

Chapter 61 of the Internal Revenue Code of 1986.

(5) Furnishing information concerning the dishonor of

any negotiable instrument permitted to be disclosed under

the Uniform Commercial Code.

(6) The exchange in the regular course of business of

(i) credit information between a savings bank and other

savings banks or financial institutions or commercial

enterprises, directly or through a consumer reporting

agency or (ii) financial records or information derived

from financial records between a savings bank and other

savings banks or financial institutions or commercial

enterprises for the purpose of conducting due diligence

pursuant to a purchase or sale involving the savings bank

or assets or liabilities of the savings bank.

(7) The furnishing of information to the appropriate

law enforcement authorities where the savings bank

reasonably believes it has been the victim of a crime.

(8) The furnishing of information pursuant to the

Uniform Disposition of Unclaimed Property Act.

(9) The furnishing of information pursuant to the

Illinois Income Tax Act and the Illinois Estate and

Generation-Skipping Transfer Tax Act.

(10) The furnishing of information pursuant to the

federal "Currency and Foreign Transactions Reporting Act",

(Title 31, United States Code, Section 1051 et seq.).

(11) The furnishing of information pursuant to any

other statute which by its terms or by regulations

promulgated thereunder requires the disclosure of

financial records other than by subpoena, summons,

warrant, or court order.

(12) The furnishing of information in accordance with

the federal Personal Responsibility and Work Opportunity

Reconciliation Act of 1996. Any savings bank governed by

this Act shall enter into an agreement for data exchanges

with a State agency provided the State agency pays to the

savings bank a reasonable fee not to exceed its actual cost

incurred. A savings bank providing information in

accordance with this item shall not be liable to any

account holder or other person for any disclosure of

information to a State agency, for encumbering or

surrendering any assets held by the savings bank in

response to a lien or order to withhold and deliver issued

by a State agency, or for any other action taken pursuant

to this item, including individual or mechanical errors,

provided the action does not constitute gross negligence or

willful misconduct. A savings bank shall have no obligation

to hold, encumber, or surrender assets until it has been

served with a subpoena, summons, warrant, court or

administrative order, lien, or levy.

(13) The furnishing of information to law enforcement

authorities, the Illinois Department on Aging and its

regional administrative and provider agencies, the

Department of Human Services Office of Inspector General,

or public guardians: (i) upon subpoena by the investigatory

entity or the guardian, or (ii) if there is suspicion by

the savings bank that a customer who is an elderly person

or person with a disability has been or may become the

victim of financial exploitation. For the purposes of this

item (13), the term: (i) "elderly person" means a person

who is 60 or more years of age, (ii) "person with a

disability" means a person who has or reasonably appears to

the savings bank to have a physical or mental disability

that impairs his or her ability to seek or obtain

protection from or prevent financial exploitation, and

(iii) "financial exploitation" means tortious or illegal

use of the assets or resources of an elderly person or

person with a disability, and includes, without

limitation, misappropriation of the assets or resources of

the elderly person or person with a disability by undue

influence, breach of fiduciary relationship, intimidation,

fraud, deception, extortion, or the use of assets or

resources in any manner contrary to law. A savings bank or

person furnishing information pursuant to this item (13)

shall be entitled to the same rights and protections as a

person furnishing information under the Adult Protective

Services Act and the Illinois Domestic Violence Act of

1986.

(14) The disclosure of financial records or

information as necessary to effect, administer, or enforce

a transaction requested or authorized by the member or

holder of capital, or in connection with:

(A) servicing or processing a financial product or

service requested or authorized by the member or holder

of capital;

(B) maintaining or servicing an account of a member

or holder of capital with the savings bank; or

(C) a proposed or actual securitization or

secondary market sale (including sales of servicing

rights) related to a transaction of a member or holder

of capital.

Nothing in this item (14), however, authorizes the sale

of the financial records or information of a member or

holder of capital without the consent of the member or

holder of capital.

(15) The exchange in the regular course of business of

information between a savings bank and any commonly owned

affiliate of the savings bank, subject to the provisions of

the Financial Institutions Insurance Sales Law.

(16) The disclosure of financial records or

information as necessary to protect against or prevent

actual or potential fraud, unauthorized transactions,

claims, or other liability.

(17)(a) The disclosure of financial records or

information related to a private label credit program

between a financial institution and a private label party

in connection with that private label credit program. Such

information is limited to outstanding balance, available

credit, payment and performance and account history,

product references, purchase information, and information

related to the identity of the customer.

(b)(1) For purposes of this paragraph (17) of

subsection (c) of Section 4013, a "private label credit

program" means a credit program involving a financial

institution and a private label party that is used by a

customer of the financial institution and the private label

party primarily for payment for goods or services sold,

manufactured, or distributed by a private label party.

(2) For purposes of this paragraph (17) of subsection

(c) of Section 4013, a "private label party" means, with

respect to a private label credit program, any of the

following: a retailer, a merchant, a manufacturer, a trade

group, or any such person's affiliate, subsidiary, member,

agent, or service provider.

(d) A savings bank may not disclose to any person, except

to the member or holder of capital or his duly authorized

agent, any financial records relating to that member or

shareholder of the savings bank unless:

(1) the member or shareholder has authorized

disclosure to the person; or

(2) the financial records are disclosed in response to

a lawful subpoena, summons, warrant, citation to discover

assets, or court order that meets the requirements of

subsection (e) of this Section.

(e) A savings bank shall disclose financial records under

subsection (d) of this Section pursuant to a lawful subpoena,

summons, warrant, citation to discover assets, or court order

only after the savings bank mails a copy of the subpoena,

summons, warrant, citation to discover assets, or court order

to the person establishing the relationship with the savings

bank, if living, and otherwise, his personal representative, if

known, at his last known address by first class mail, postage

prepaid, unless the savings bank is specifically prohibited

from notifying the person by order of court.

(f) Any officer or employee of a savings bank who knowingly

and willfully furnishes financial records in violation of this

Section is guilty of a business offense and, upon conviction,

shall be fined not more than $1,000.

(g) Any person who knowingly and willfully induces or

attempts to induce any officer or employee of a savings bank to

disclose financial records in violation of this Section is

guilty of a business offense and, upon conviction, shall be

fined not more than $1,000.

(h) If any member or shareholder desires to communicate

with the other members or shareholders of the savings bank with

reference to any question pending or to be presented at an

annual or special meeting, the savings bank shall give that

person, upon request, a statement of the approximate number of

members or shareholders entitled to vote at the meeting and an

estimate of the cost of preparing and mailing the

communication. The requesting member shall submit the

communication to the Commissioner who, upon finding it to be

appropriate and truthful, shall direct that it be prepared and

mailed to the members upon the requesting member's or

shareholder's payment or adequate provision for payment of the

expenses of preparation and mailing.

(i) A savings bank shall be reimbursed for costs that are

necessary and that have been directly incurred in searching

for, reproducing, or transporting books, papers, records, or

other data of a customer required to be reproduced pursuant to

a lawful subpoena, warrant, citation to discover assets, or

court order.

(j) Notwithstanding the provisions of this Section, a

savings bank may sell or otherwise make use of lists of

customers' names and addresses. All other information

regarding a customer's account are subject to the disclosure

provisions of this Section. At the request of any customer,

that customer's name and address shall be deleted from any list

that is to be sold or used in any other manner beyond

identification of the customer's accounts.

(Source: P.A. 98-49, eff. 7-1-13; 99-143, eff. 7-27-15; revised

9-14-16.)

(205 ILCS 205/5001) (from Ch. 17, par. 7305-1)

Sec. 5001. Minimum capital.

(a) A savings saving bank may be organized to exercise the

powers conferred by this Act with minimum capital, surplus, and

reserves for operating expenses as determined by the

Commissioner. In no case may the Commissioner establish

requirements for insured savings banks at a level less than

that required for insurance of accounts. For any savings bank

other than those resulting from conversion from an existing

financial institution to one operating under this Act, the

Commissioner must establish capital requirements no less

stringent than those required of banks chartered under the

Illinois Banking Act.

(b) No savings bank may commence business until it has

capital as required by the Federal Deposit Insurance

Corporation.

(c) Each depository institution converting to a savings

bank, before declaration of a dividend on its capital stock,

must maintain the minimum capital standards as required by the

Federal Deposit Insurance Corporation.

(Source: P.A. 90-301, eff. 8-1-97; revised 9-14-16.)

(205 ILCS 205/9002.5)

Sec. 9002.5. Regulatory fees.

(a) For the fiscal year beginning July 1, 2007 and every

year thereafter, each savings bank and each service corporation

operating under this Act shall pay in quarterly installments

equal to one-fourth of a fixed fee of $520, plus a variable fee

based on the total assets of the savings bank or service

corporation, as shown in the quarterly report of condition, at

the following rates:

24.97¢ per $1,000 of the first $2,000,000 of total

assets;

22.70¢ per $1,000 of the next $3,000,000 of total

assets;

20.43¢ per $1,000 of the next $5,000,000 of total

assets;

17.025¢ per $1,000 of the next $15,000,000 of total

assets;

14.755¢ per $1,000 of the next $25,000,000 of total

assets;

12.485¢ per $1,000 of the next $50,000,000 of total

assets;

10.215¢ per $1,000 of the next $400,000,000 of total

assets;

6.81¢ per $1,000 of the next $500,000,000 of total

assets; and

4.54¢ per $1,000 of all total assets in excess of

$1,000,000,000 of such savings bank or service

corporation.

As used in this Section, "quarterly report of condition"

means the Report of Condition and Income (Call Report), which

the Secretary requires.

(b) (Blank).

(c) The Secretary shall receive and there shall be paid to

the Secretary by each savings bank and each service corporation

a fee of $520 for each approved branch office or facility

office established under the Illinois Administrative Code. The

determination of the fees shall be made annually as of the

close of business of the prior calendar year ended December 31.

(d) The Secretary shall receive for each fiscal year,

commencing with the fiscal year ending June 30, 2014, a

contingent fee equal to the lesser of the aggregate of the fees

paid by all savings banks under subsections (a), (b), and (c)

of this Section for that year, or the amount, if any, whereby

the aggregate of the administration expenses, as defined in

subsection (c) of Section 9002.1 of this Act, for that fiscal

year exceeds the sum of the aggregate of the fees payable by

all savings banks for that year under subsections (a), (b), and

(c) of this Section, plus any amounts transferred into the

Savings Bank Regulatory Fund from the State Pensions Fund for

that year, plus all other amounts collected by the Secretary

for that year under any other provision of this Act. The

aggregate amount of the contingent fee thus arrived at for any

fiscal year shall be apportioned amongst, assessed upon, and

paid by the savings banks, respectively, in the same proportion

that the fee of each under subsections (a), (b), and (c) of

this Section, respectively, for that year bears to the

aggregate for that year of the fees collected under subsections

(a), (b), and (c) of this Section. The aggregate amount of the

contingent fee, and the portion thereof to be assessed upon

each savings bank, respectively, shall be determined by the

Secretary and shall be paid by each, respectively, within 120

days of the close of the period for which the contingent fee is

computed and is payable, and the Secretary shall give 20 days'

days advance notice of the amount of the contingent fee payable

by the savings bank and of the date fixed by the Secretary for

payment of the fee.

(Source: P.A. 98-1081, eff. 1-1-15; 99-39, eff. 1-1-16; revised

9-14-16.)

Section 365. The Illinois Credit Union Act is amended by

changing Sections 12, 34.1, 46, and 57.1 as follows:

(205 ILCS 305/12) (from Ch. 17, par. 4413)

Sec. 12. Regulatory fees.

(1) For the fiscal year beginning July 1, 2007, a credit

union regulated by the Department shall pay a regulatory fee to

the Department based upon its total assets as shown by its

Year-end Call Report at the following rates or at a lesser rate

established by the Secretary in a manner proportionately

consistent with the following rates and sufficient to fund the

actual administrative and operational expenses of the

Department's Credit Union Section pursuant to subsection (4) of

this Section:

TOTAL ASSETS REGULATORY FEE $25,000 or less ................ $100 Over $25,000 and not over $100,000 ....................... $100 plus $4 per $1,000 of assets in excess of $25,000 Over $100,000 and not over

$200,000 ....................... $400 plus $3 per $1,000 of assets in excess of $100,000 Over $200,000 and not over $500,000 ....................... $700 plus $2 per $1,000 of assets in excess of $200,000 Over $500,000 and not over $1,000,000 ..................... $1,300 plus $1.40 per $1,000 of assets in excess of $500,000 Over $1,000,000 and not over $5,000,000................. $2,000 plus $0.50 per $1,000 of assets in excess of $1,000,000 Over $5,000,000 and not over $30,000,000 ............... $4,540 plus $0.397 per $1,000 of assets in excess of $5,000,000 Over $30,000,000 and not over $100,000,000.................... $14,471 plus $0.34 per $1,000 of assets in excess of $30,000,000 Over $100,000,000 and not over $500,000,000 .............. $38,306 plus $0.17 per $1,000 of assets

in excess of $100,000,000 Over $500,000,000 .............. $106,406 plus $0.056 per $1,000 of assets in excess of $500,000,000

(2) The Secretary shall review the regulatory fee schedule

in subsection (1) and the projected earnings on those fees on

an annual basis and adjust the fee schedule no more than 5%

annually if necessary to defray the estimated administrative

and operational expenses of the Credit Union Section of the

Department as defined in subsection (5). However, the fee

schedule shall not be increased if the amount remaining in the

Credit Union Fund at the end of any fiscal year is greater than

25% of the total actual and operational expenses incurred by

the State in administering and enforcing the Illinois Credit

Union Act and other laws, rules, and regulations as may apply

to the administration and enforcement of the foregoing laws,

rules, and regulations as amended from time to time for the

preceding fiscal year. The regulatory fee for the next fiscal

year shall be calculated by the Secretary based on the credit

union's total assets as of December 31 of the preceding

calendar year. The Secretary shall provide credit unions with

written notice of any adjustment made in the regulatory fee

schedule.

(3) A credit union shall pay to the Department a regulatory

fee in quarterly installments equal to one-fourth of the

regulatory fee due in accordance with the regulatory fee

schedule in subsection (1), on the basis of assets as of the

Year-end Call Report of the preceding calendar year. The total

annual regulatory fee shall not be less than $100 or more than

$141,875, provided that the regulatory fee cap of $141,875

shall be adjusted to incorporate the same percentage increase

as the Secretary makes in the regulatory fee schedule from time

to time under subsection (2). No regulatory fee shall be

collected from a credit union until it has been in operation

for one year. The regulatory fee shall be billed to credit

unions on a quarterly basis and it shall be payable by credit

unions on the due date for the Call Report for the subject

quarter.

(4) The aggregate of all fees collected by the Department

under this Act shall be paid promptly after they are received,

accompanied by a detailed statement thereof, into the State

Treasury and shall be set apart in the Credit Union Fund, a

special fund hereby created in the State treasury. The amount

from time to time deposited in the Credit Union Fund and shall

be used to offset the ordinary administrative and operational

expenses of the Credit Union Section of the Department under

this Act. All earnings received from investments of funds in

the Credit Union Fund shall be deposited into the Credit Union

Fund and may be used for the same purposes as fees deposited

into that fund. Moneys deposited in the Credit Union Fund may

be transferred to the Professions Indirect Cost Fund, as

authorized under Section 2105-300 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

Notwithstanding provisions in the State Finance Act, as now

or hereafter amended, or any other law to the contrary, the

Governor may, during any fiscal year through January 10, 2011,

from time to time direct the State Treasurer and Comptroller to

transfer a specified sum not exceeding 10% of the revenues to

be deposited into the Credit Union Fund during that fiscal year

from that Fund to the General Revenue Fund in order to help

defray the State's operating costs for the fiscal year.

Notwithstanding provisions in the State Finance Act, as now or

hereafter amended, or any other law to the contrary, the total

sum transferred from the Credit Union Fund to the General

Revenue Fund pursuant to this provision shall not exceed during

any fiscal year 10% of the revenues to be deposited into the

Credit Union Fund during that fiscal year. The State Treasurer

and Comptroller shall transfer the amounts designated under

this Section as soon as may be practicable after receiving the

direction to transfer from the Governor.

(5) The administrative and operational expenses for any

fiscal year shall mean the ordinary and contingent expenses for

that year incidental to making the examinations provided for

by, and for administering, this Act, including all salaries and

other compensation paid for personal services rendered for the

State by officers or employees of the State to enforce this

Act; all expenditures for telephone and telegraph charges,

postage and postal charges, office supplies and services,

furniture and equipment, office space and maintenance thereof,

travel expenses and other necessary expenses; all to the extent

that such expenditures are directly incidental to such

examination or administration.

(6) When the balance in the Credit Union Fund at the end of

a fiscal year exceeds 25% of the total administrative and

operational expenses incurred by the State in administering and

enforcing the Illinois Credit Union Act and other laws, rules,

and regulations as may apply to the administration and

enforcement of the foregoing laws, rules, and regulations as

amended from time to time for that fiscal year, such excess

shall be credited to credit unions and applied against their

regulatory fees for the subsequent fiscal year. The amount

credited to each credit union shall be in the same proportion

as the regulatory fee paid by such credit union for the fiscal

year in which the excess is produced bears to the aggregate

amount of all fees collected by the Department under this Act

for the same fiscal year.

(7) (Blank).

(8) Nothing in this Act shall prohibit the General Assembly

from appropriating funds to the Department from the General

Revenue Fund for the purpose of administering this Act.

(9) For purposes of this Section, "fiscal year" means a

period beginning on July 1 of any calendar year and ending on

June 30 of the next calendar year.

(Source: P.A. 97-133, eff. 1-1-12; revised 9-14-16.)

(205 ILCS 305/34.1)

Sec. 34.1. Compliance review.

(a) As used in this Section:

"Affiliate" means an organization established to serve the

needs of credit unions, the business of which relates to the

daily operations of credit unions.

"Compliance review committee" means:

(1) one or more persons appointed by the board of

directors or supervisory committee of a credit union for

the purposes set forth in subsection (b); or

(2) any other person to the extent the person acts in

an investigatory capacity at the direction of a compliance

review committee.

"Compliance review documents" means documents prepared in

connection with a review or evaluation conducted by or for a

compliance review committee.

"Person" means an individual, a group of individuals, a

board committee, a partnership, a firm, an association, a

corporation, or any other entity.

(b) This Section applies to compliance review committees

whose functions are to evaluate and seek to improve any of the

following:

(1) loan policies or underwriting standards;

(2) asset quality;

(3) financial reporting to federal or State

governmental or regulatory agencies; or

(4) compliance with federal or State statutory or

regulatory requirements.

(c) Except as provided in subsection (d), compliance review

documents and the deliberations of the compliance review

committee are privileged and confidential and are

nondiscoverable and nonadmissible.

(1) Compliance review documents are privileged and

confidential and are not subject to discovery or admissible

in evidence in any civil action.

(2) Individuals serving on compliance review

committees or acting under the direction of a compliance

review committee shall not be required to testify in any

civil action about the contents of any compliance review

document or conclusions of any compliance review committee

or about the actions taken by a compliance review

committee.

(3) An affiliate of a credit union, a credit union

regulatory agency, and the insurer of credit union share

accounts shall have access to compliance review documents,

provided that (i) the documents shall remain confidential

and are not subject to discovery from such entity and (ii)

delivery of compliance review documents to an affiliate or

pursuant to the requirements of a credit union regulatory

agency or an insurer of credit union share accounts shall

not constitute a waiver of the privilege granted in this

Section.

(d) This Section does not apply to: (1) compliance review

committees on which individuals serving on or at the direction

of the compliance review committee have management

responsibility for the operations, records, employees, or

activities being examined or evaluated by the compliance review

committee and (2) any civil or administrative action initiated

by a credit union regulatory agency or an insurer of credit

union share accounts.

(e) This Section shall not be construed to limit the

discovery or admissibility in any civil action of any documents

other than compliance review documents or to require the

appointment of a compliance review committee.

(Source: P.A. 90-665, eff. 7-30-98; revised 9-14-16.)

(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. A prepayment penalty does

not include a waived, bona fide third-party charge that the

credit union imposes if the borrower prepays all of the

transaction's principal sooner than 36 months after

consummation of a closed-end credit transaction, a waived, bona

fide third-party charge that the credit union imposes if the

borrower terminates an open-end credit plan sooner than 36

months after account opening, or a yield maintenance fee

imposed on a business loan transaction. 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. Public Act 84-941 January 1, 1986 (Public Act 84-941)

(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;

99-614, eff. 7-22-16; 99-642, eff. 7-28-16; revised 10-20-16.)

(205 ILCS 305/57.1)

Sec. 57.1. Services to other credit unions. (a) A credit

union may act as a representative of and enter into an

agreement with credit unions or other organizations for the

purposes of:

(1) sharing, utilizing, renting, leasing, purchasing,

selling, and joint ownership of fixed assets or engaging in

activities and services that relate to the daily operations

of credit unions; and

(2) providing correspondent services to other credit

unions that the service provider credit union is authorized

to perform for its own members or as part of its

operations, including, but not limited to, loan

processing, loan servicing, member check cashing services,

disbursing share withdrawals and loan proceeds, cashing

and selling money orders, ACH and wire transfer services,

implementation and administrative support services related

to the use of debit cards, payroll debit cards, and other

prepaid debit cards and credit cards, coin and currency

services, performing internal audits, and automated teller

machine deposit services.

(Source: P.A. 98-784, eff. 7-24-14; 99-78, eff. 7-20-15;

99-149, eff. 1-1-16; revised 9-14-16.)

Section 370. The Transmitters of Money Act is amended by

changing Section 90 as follows:

(205 ILCS 657/90)

Sec. 90. Enforcement.

(a) If it appears to the Director that a person has

committed or is about to commit a violation of this Act, a rule

promulgated under this Act, or an order of the Director, the

Director may apply to the circuit court for an order enjoining

the person from violating or continuing to violate this Act,

the rule, or order and for injunctive or other relief that the

nature of the case may require and may, in addition, request

the court to assess a civil penalty up to $1,000 along with

costs and attorney fees.

(b) If the Director finds, after an investigation that he

considers appropriate, that a licensee or other person is

engaged in practices contrary to this Act or to the rules

promulgated under this Act, the Director may issue an order

directing the licensee or person to cease and desist the

violation. The Director may, in addition to or without the

issuance of a cease and desist order, assess an administrative

penalty up to $1,000 against a licensee for each violation of

this Act or the rules promulgated under this Act. The issuance

of an order under this Section shall not be a prerequisite to

the taking of any action by the Director under this or any

other Section of this Act. The Director shall serve notice of

his action, including a statement of the reasons for his

actions, either personally or by certified mail, return receipt

requested. Service by mail shall be deemed completed if the

notice is deposited in the post office, postage paid, addressed

to the last known address for a license.

(c) In the case of the issuance of a cease and desist order

or assessment order, a hearing may be requested in writing

within 30 days after the date of service. The hearing shall be

held at the time and place designated by the Director in either

the City of Springfield or the City of Chicago. The Director

and any administrative law judge designated by him shall have

the power to administer oaths and affirmations, subpoena

witnesses and compel their attendance, take evidence,

authorize the taking of depositions, and require the production

of books, papers, correspondence, and other records or

information that he considers relevant or material to the

inquiry.

(d) After the Director's final determination under a

hearing under this Section, a party to the proceedings whose

interests are affected by the Director's final determination

shall be entitled to judicial review of that final

determination under the Administrative Review Law.

(e) The costs for administrative hearings shall be set by

rule.

(f) Except as otherwise provided in this Act, a violation

of this Act shall subject to the party violating it to a fine

of $1,000 for each offense.

(g) Each transaction in violation of this Act or the rules

promulgated under this Act and each day that a violation

continues shall be a separate offense.

(h) A person who engages in conduct requiring a license

under this Act and fails to obtain a license from the Director

or knowingly makes a false statement, misrepresentation, or

false certification in an application, financial statement,

account record, report, or other document filed or required to

be maintained or filed under this Act or who knowingly makes a

false entry or omits a material entry in a document is guilty

of a Class 3 felony.

(i) The Director is authorized to compromise, settle, and

collect civil penalties and administrative penalties, as set by

rule, with any person for violations of this Act or of any rule

or order issued or promulgated under this Act. Any person who,

without the required license, engages in conduct requiring a

license under this Act shall be liable to the Department in an

amount equal to the greater of (i) $5,000 or (ii) an amount of

money accepted for transmission plus an amount equal to 3 times

the amount accepted for transmission. The Department shall

cause any funds so recovered to be deposited in the TOMA

Consumer Protection Fund.

(j) The Director may enter into consent orders at any time

with a person to resolve a matter arising under this Act. A

consent order must be signed by the person to whom it is issued

and must indicate agreement to the terms contained in it. A

consent order need not constitute an admission by a person that

this Act or a rule or order issued or promulgated under this

Act has been violated, nor need it constitute a finding by the

Director that the person has violated this Act or a rule or

order promulgated under this Act.

(k) Notwithstanding the issuance of a consent order, the

Director may seek civil or criminal penalties or compromise

civil penalties concerning matter encompassed by the consent

order unless the consent order by its terms expressly precludes

the Director from doing so.

(l) Appeals from all final orders and judgments entered by

the circuit court under this Section in review of a decision of

the Director may be taken as in other civil actions by any

party to the proceeding.

(Source: P.A. 93-535, eff. 1-1-04; revised 9-14-16.)

Section 375. The Debt Management Service Act is amended by

changing Section 2 as follows:

(205 ILCS 665/2) (from Ch. 17, par. 5302)

Sec. 2. Definitions. As used in this Act:

"Credit counselor" means an individual, corporation, or

other entity that is not a debt management service that

provides (1) guidance, educational programs, or advice for the

purpose of addressing budgeting, personal finance, financial

literacy, saving and spending practices, or the sound use of

consumer credit; or (2) assistance or offers to assist

individuals and families with financial problems by providing

counseling; or (3) a combination of the activities described in

items (1) and (2) of this definition.

"Debt management service" means the planning and

management of the financial affairs of a debtor for a fee and

the receiving of money from the debtor for the purpose of

distributing it to the debtor's creditors in payment or partial

payment of the debtor's obligations or soliciting financial

contributions from creditors. The business of debt management

is conducted in this State if the debt management business, its

employees, or its agents are located in this State or if the

debt management business solicits or contracts with debtors

located in this State. "Debt management service" does not

include "debt settlement service" as defined in the Debt

Settlement Consumer Protection Act.

This term shall not include the following when engaged in

the regular course of their respective businesses and

professions:

(a) Attorneys at law licensed, or otherwise authorized

to practice, in Illinois who are engaged in the practice of

law.

(b) Banks, operating subsidiaries of banks, affiliates

of banks, fiduciaries, credit unions, savings and loan

associations, and savings banks as duly authorized and

admitted to transact business in the State of Illinois and

performing credit and financial adjusting service in the

regular course of their principal business.

(c) Title insurers, title agents, independent

escrowees, and abstract companies, while doing an escrow

business.

(d) Judicial officers or others acting pursuant to

court order.

(e) Employers for their employees, except that no

employer shall retain the services of an outside debt

management service to perform this service unless the debt

management service is licensed pursuant to this Act..

(f) Bill payment services, as defined in the

Transmitters of Money Act.

(g) Credit counselors, only when providing services

described in the definition of credit counselor in this

Section.

"Debtor" means the person or persons for whom the debt

management service is performed.

"Person" means an individual, firm, partnership,

association, limited liability company, corporation, or

not-for-profit corporation.

"Licensee" means a person licensed under this Act.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 95-331, eff. 8-21-07; 96-1420, eff. 8-3-10;

revised 9-14-16.)

Section 380. The Illinois Clinical Laboratory and Blood

Bank Act is amended by changing Section 7-109 as follows:

(210 ILCS 25/7-109) (from Ch. 111 1/2, par. 627-109)

Sec. 7-109. Designated donors.

(a) Each blood bank may allow a recipient of blood to

designate a donor of his choice, for the purpose of receiving

red cells, under the following conditions:

(1) the recipient, or someone on his behalf, has

solicited the donors;

(2) the designated donor consents to the donation;

(3) the designated donor's blood may be obtained in

sufficient time to meet the health care needs of the

recipient;

(4) the designated donor is qualified to donate blood

under the criteria for donor selection promulgated by the

federal Food and Drug Administration; and

(5) the blood of the donor is acceptable for the

patient's medical needs.

(b) Blood donated for designated use shall be reserved for

the designated recipient; however, if it has not been used

within 7 days from the day of donation, it may be used for any

other medically appropriate purpose.

(c) This Section shall not limit other procedures blood

banks may establish to enable directed donations.

(Source: P.A. 97-264, eff. 8-5-11; revised 9-8-16.)

Section 385. The Nursing Home Care Act is amended by

changing Sections 3-303.1 and 3-306 as follows:

(210 ILCS 45/3-303.1) (from Ch. 111 1/2, par. 4153-303.1)

Sec. 3-303.1. Upon application by a facility, the Director

may grant or renew the waiver of the facility's compliance with

a rule or standard for a period not to exceed the duration of

the current license or, in the case of an application for

license renewal, the duration of the renewal period. The waiver

may be conditioned upon the facility taking action prescribed

by the Director as a measure equivalent to compliance. In

determining whether to grant or renew a waiver, the Director

shall consider the duration and basis for any current waiver

with respect to the same rule or standard and the validity and

effect upon patient health and safety of extending it on the

same basis, the effect upon the health and safety of residents,

the quality of resident care, the facility's history of

compliance with the rules and standards of this Act, and the

facility's attempts to comply with the particular rule or

standard in question. The Department may provide, by rule, for

the automatic renewal of waivers concerning physical plant

requirements upon the renewal of a license. The Department

shall renew waivers relating to physical plant standards issued

pursuant to this Section at the time of the indicated reviews,

unless it can show why such waivers should not be extended for

the following reasons:

(a) the condition of the physical plant has deteriorated or

its use substantially changed so that the basis upon which the

waiver was issued is materially different; or

(b) the facility is renovated or substantially remodeled in

such a way as to permit compliance with the applicable rules

and standards without substantial increase in cost.

A copy of each waiver application and each waiver granted

or renewed shall be on file with the Department and available

for public inspection. The Director shall annually review such

file and recommend to the Long-Term Long Term Care Facility

Advisory Board any modification in rules or standards suggested

by the number and nature of waivers requested and granted and

the difficulties faced in compliance by similarly situated

facilities.

(Source: P.A. 85-1216; revised 10-26-16.)

(210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)

Sec. 3-306. In determining whether a penalty is to be

imposed and in determining the amount of the penalty to be

imposed, if any, for a violation, the Director shall consider

the following factors:

(1) the The gravity of the violation, including the

probability that death or serious physical or mental harm

to a resident will result or has resulted; the severity of

the actual or potential harm, and the extent to which the

provisions of the applicable statutes or regulations were

violated;

(2) the The reasonable diligence exercised by the

licensee and efforts to correct violations; .

(3) any Any previous violations committed by the

licensee; and

(4) the The financial benefit to the facility of

committing or continuing the violation.

(Source: P.A. 96-1372, eff. 7-29-10; revised 9-8-16.)

Section 390. The MC/DD Act is amended by changing Section

3-318 as follows:

(210 ILCS 46/3-318)

Sec. 3-318. Business offenses.

(a) No person shall:

(1) intentionally Intentionally fail to correct or

interfere with the correction of a Type "AA", Type "A", or

Type "B" violation within the time specified on the notice

or approved plan of correction under this Act as the

maximum period given for correction, unless an extension is

granted and the corrections are made before expiration of

extension;

(2) intentionally Intentionally prevent, interfere

with, or attempt to impede in any way any duly authorized

investigation and enforcement of this Act;

(3) intentionally Intentionally prevent or attempt to

prevent any examination of any relevant books or records

pertinent to investigations and enforcement of this Act;

(4) intentionally Intentionally prevent or interfere

with the preservation of evidence pertaining to any

violation of this Act or the rules promulgated under this

Act;

(5) intentionally Intentionally retaliate or

discriminate against any resident or employee for

contacting or providing information to any state official,

or for initiating, participating in, or testifying in an

action for any remedy authorized under this Act;

(6) willfully Willfully file any false, incomplete or

intentionally misleading information required to be filed

under this Act, or willfully fail or refuse to file any

required information;

(7) open Open or operate a facility without a license;

or

(8) intentionally Intentionally retaliate or

discriminate against any resident for consenting to

authorized electronic monitoring under the Authorized

Electronic Monitoring in Long-Term Care Facilities Act;

or .

(9) prevent Prevent the installation or use of an

electronic monitoring device by a resident who has provided

the facility with notice and consent as required in Section

20 of the Authorized Electronic Monitoring in Long-Term

Care Facilities Act.

(b) A violation of this Section is a business offense,

punishable by a fine not to exceed $10,000, except as otherwise

provided in subsection (2) of Section 3-103 as to submission of

false or misleading information in a license application.

(c) The State's Attorney of the county in which the

facility is located, or the Attorney General, shall be notified

by the Director of any violations of this Section.

(Source: P.A. 99-180, eff. 7-29-15; 99-784, eff. 1-1-17;

revised 10-26-16.)

Section 395. The Specialized Mental Health Rehabilitation

Act of 2013 is amended by changing Sections 1-102 and 4-201 as

follows:

(210 ILCS 49/1-102)

Sec. 1-102. Definitions. For the purposes of this Act,

unless the context otherwise requires:

"Abuse" means any physical or mental injury or sexual

assault inflicted on a consumer other than by accidental means

in a facility.

"Accreditation" means any of the following:

(1) the Joint Commission;

(2) the Commission on Accreditation of Rehabilitation

Facilities;

(3) the Healthcare Facilities Accreditation Program;

or

(4) any other national standards of care as approved by

the Department.

"Applicant" means any person making application for a

license or a provisional license under this Act.

"Consumer" means a person, 18 years of age or older,

admitted to a mental health rehabilitation facility for

evaluation, observation, diagnosis, treatment, stabilization,

recovery, and rehabilitation.

"Consumer" does not mean any of the following:

(i) an individual requiring a locked setting;

(ii) an individual requiring psychiatric

hospitalization because of an acute psychiatric crisis;

(iii) an individual under 18 years of age;

(iv) an individual who is actively suicidal or violent

toward others;

(v) an individual who has been found unfit to stand

trial;

(vi) an individual who has been found not guilty by

reason of insanity based on committing a violent act, such

as sexual assault, assault with a deadly weapon, arson, or

murder;

(vii) an individual subject to temporary detention and

examination under Section 3-607 of the Mental Health and

Developmental Disabilities Code;

(viii) an individual deemed clinically appropriate for

inpatient admission in a State psychiatric hospital; and

(ix) an individual transferred by the Department of

Corrections pursuant to Section 3-8-5 of the Unified Code

of Corrections.

"Consumer record" means a record that organizes all

information on the care, treatment, and rehabilitation

services rendered to a consumer in a specialized mental health

rehabilitation facility.

"Controlled drugs" means those drugs covered under the

federal Comprehensive Drug Abuse Prevention Control Act of

1970, as amended, or the Illinois Controlled Substances Act.

"Department" means the Department of Public Health.

"Discharge" means the full release of any consumer from a

facility.

"Drug administration" means the act in which a single dose

of a prescribed drug or biological is given to a consumer. The

complete act of administration entails removing an individual

dose from a container, verifying the dose with the prescriber's

orders, giving the individual dose to the consumer, and

promptly recording the time and dose given.

"Drug dispensing" means the act entailing the following of

a prescription order for a drug or biological and proper

selection, measuring, packaging, labeling, and issuance of the

drug or biological to a consumer.

"Emergency" means a situation, physical condition, or one

or more practices, methods, or operations which present

imminent danger of death or serious physical or mental harm to

consumers of a facility.

"Facility" means a specialized mental health

rehabilitation facility that provides at least one of the

following services: (1) triage center; (2) crisis

stabilization; (3) recovery and rehabilitation supports; or

(4) transitional living units for 3 or more persons. The

facility shall provide a 24-hour program that provides

intensive support and recovery services designed to assist

persons, 18 years or older, with mental disorders to develop

the skills to become self-sufficient and capable of increasing

levels of independent functioning. It includes facilities that

meet the following criteria:

(1) 100% of the consumer population of the facility has

a diagnosis of serious mental illness;

(2) no more than 15% of the consumer population of the

facility is 65 years of age or older;

(3) none of the consumers are non-ambulatory;

(4) none of the consumers have a primary diagnosis of

moderate, severe, or profound intellectual disability; and

(5) the facility must have been licensed under the

Specialized Mental Health Rehabilitation Act or the

Nursing Home Care Act immediately preceding July 22, 2013

(the effective date of this Act) and qualifies as an a

institute for mental disease under the federal definition

of the term.

"Facility" does not include the following:

(1) a home, institution, or place operated by the

federal government or agency thereof, or by the State of

Illinois;

(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) a facility for child care as defined in the Child

Care Act of 1969;

(4) a community living facility as defined in the

Community Living Facilities Licensing Act;

(5) a 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;

(6) a 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;

(7) a supportive residence licensed under the

Supportive Residences Licensing Act;

(8) a 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

of the Nursing Home Care Act;

(9) an 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 of the Nursing Home Care

Act;

(10) an Alzheimer's disease management center

alternative health care model licensed under the

Alternative Health Care Delivery Act;

(11) a home, institution, or other place operated by or

under the authority of the Illinois Department of Veterans'

Affairs;

(12) a facility licensed under the ID/DD Community Care

Act;

(13) a facility licensed under the Nursing Home Care

Act after July 22, 2013 (the effective date of this Act);

or

(14) a facility licensed under the MC/DD Act.

"Executive director" means a person who is charged with the

general administration and supervision of a facility licensed

under this Act.

"Guardian" means a person appointed as a guardian of the

person or guardian of the estate, or both, of a consumer under

the Probate Act of 1975.

"Identified offender" means a person who meets any of the

following criteria:

(1) Has been convicted of, found guilty of, adjudicated

delinquent for, found not guilty by reason of insanity for,

or found unfit to stand trial for, any felony offense

listed in Section 25 of the Health Care Worker Background

Check Act, except for the following:

(i) a felony offense described in Section 10-5 of

the Nurse Practice Act;

(ii) a felony offense described in Section 4, 5, 6,

8, or 17.02 of the Illinois Credit Card and Debit Card

Act;

(iii) a felony offense described in Section 5, 5.1,

5.2, 7, or 9 of the Cannabis Control Act;

(iv) a felony offense described in Section 401,

401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois

Controlled Substances Act; and

(v) a felony offense described in the

Methamphetamine Control and Community Protection Act.

(2) Has been convicted of, adjudicated delinquent for,

found not guilty by reason of insanity for, or found unfit

to stand trial for, any sex offense as defined in

subsection (c) of Section 10 of the Sex Offender Management

Board Act.

"Transitional living units" are residential units within a

facility that have the purpose of assisting the consumer in

developing and reinforcing the necessary skills to live

independently outside of the facility. The duration of stay in

such a setting shall not exceed 120 days for each consumer.

Nothing in this definition shall be construed to be a

prerequisite for transitioning out of a facility.

"Licensee" means the person, persons, firm, partnership,

association, organization, company, corporation, or business

trust to which a license has been issued.

"Misappropriation of a consumer's property" means the

deliberate misplacement, exploitation, or wrongful temporary

or permanent use of a consumer's belongings or money without

the consent of a consumer or his or her guardian.

"Neglect" means a facility's failure to provide, or willful

withholding of, adequate medical care, mental health

treatment, psychiatric rehabilitation, personal care, or

assistance that is necessary to avoid physical harm and mental

anguish of a consumer.

"Personal care" means assistance with meals, dressing,

movement, bathing, or other personal needs, maintenance, or

general supervision and oversight of the physical and mental

well-being of an individual who is incapable of maintaining a

private, independent residence or who is incapable of managing

his or her person, whether or not a guardian has been appointed

for such individual. "Personal care" shall not be construed to

confine or otherwise constrain a facility's pursuit to develop

the skills and abilities of a consumer to become

self-sufficient and capable of increasing levels of

independent functioning.

"Recovery and rehabilitation supports" means a program

that facilitates a consumer's longer-term symptom management

and stabilization while preparing the consumer for

transitional living units by improving living skills and

community socialization. The duration of stay in such a setting

shall be established by the Department by rule.

"Restraint" means:

(i) a physical restraint that is any manual method or

physical or mechanical device, material, or equipment

attached or adjacent to a consumer's body that the consumer

cannot remove easily and restricts freedom of movement or

normal access to one's body; devices used for positioning,

including, but not limited to, bed rails, gait belts, and

cushions, shall not be considered to be restraints for

purposes of this Section; or

(ii) a chemical restraint that is any drug used for

discipline or convenience and not required to treat medical

symptoms; the Department shall, by rule, designate certain

devices as restraints, including at least all those devices

that have been determined to be restraints by the United

States Department of Health and Human Services in

interpretive guidelines issued for the purposes of

administering Titles XVIII and XIX of the federal Social

Security Act. For the purposes of this Act, restraint shall

be administered only after utilizing a coercive free

environment and culture.

"Self-administration of medication" means consumers shall

be responsible for the control, management, and use of their

own medication.

"Crisis stabilization" means a secure and separate unit

that provides short-term behavioral, emotional, or psychiatric

crisis stabilization as an alternative to hospitalization or

re-hospitalization for consumers from residential or community

placement. The duration of stay in such a setting shall not

exceed 21 days for each consumer.

"Therapeutic separation" means the removal of a consumer

from the milieu to a room or area which is designed to aid in

the emotional or psychiatric stabilization of that consumer.

"Triage center" means a non-residential 23-hour center

that serves as an alternative to emergency room care,

hospitalization, or re-hospitalization for consumers in need

of short-term crisis stabilization. Consumers may access a

triage center from a number of referral sources, including

family, emergency rooms, hospitals, community behavioral

health providers, federally qualified health providers, or

schools, including colleges or universities. A triage center

may be located in a building separate from the licensed

location of a facility, but shall not be more than 1,000 feet

from the licensed location of the facility and must meet all of

the facility standards applicable to the licensed location. If

the triage center does operate in a separate building, safety

personnel shall be provided, on site, 24 hours per day and the

triage center shall meet all other staffing requirements

without counting any staff employed in the main facility

building.

(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;

99-180, eff. 7-29-15; revised 9-8-16.)

(210 ILCS 49/4-201)

Sec. 4-201. Accreditation and licensure. At the end of the

provisional licensure period established in Part 1 of this

Article 4, the Department shall license a facility as a

specialized mental health rehabilitation facility under this

Act that successfully completes and obtains valid national

accreditation in behavioral health from a recognized national

accreditation entity and complies with licensure standards as

established by the Department of Public Health in

administrative rule. Rules governing licensure standards shall

include, but not be limited to, appropriate fines and sanctions

associated with violations of laws or regulations. The

following shall be considered to be valid national

accreditation in behavioral health from a an national

accreditation entity:

(1) the Joint Commission;

(2) the Commission on Accreditation of Rehabilitation

Facilities;

(3) the Healthcare Facilities Accreditation Program;

or

(4) any other national standards of care as approved by

the Department.

(Source: P.A. 98-104, eff. 7-22-13; 99-712, eff. 8-5-16;

revised 10-26-16.)

Section 400. The Emergency Medical Services (EMS) Systems

Act is amended by changing Sections 3.40 and 3.220 as follows:

(210 ILCS 50/3.40)

Sec. 3.40. EMS System Participation Suspensions and Due

Process.

(a) An EMS Medical Director may suspend from participation

within the System any EMS personnel, EMS Lead Instructor (LI),

individual, individual provider or other participant

considered not to be meeting the requirements of the Program

Plan of that approved EMS System.

(b) Prior to suspending any individual or entity, an EMS

Medical Director shall provide an opportunity for a hearing

before the local System review board in accordance with

subsection (f) and the rules promulgated by the Department.

(1) If the local System review board affirms or

modifies the EMS Medical Director's suspension order, the

individual or entity shall have the opportunity for a

review of the local board's decision by the State EMS

Disciplinary Review Board, pursuant to Section 3.45 of this

Act.

(2) If the local System review board reverses or

modifies the EMS Medical Director's order, the EMS Medical

Director shall have the opportunity for a review of the

local board's decision by the State EMS Disciplinary Review

Board, pursuant to Section 3.45 of this Act.

(3) The suspension shall commence only upon the

occurrence of one of the following:

(A) the individual or entity has waived the

opportunity for a hearing before the local System

review board; or

(B) the order has been affirmed or modified by the

local system review board and the individual or entity

has waived the opportunity for review by the State

Board; or

(C) the order has been affirmed or modified by the

local system review board, and the local board's

decision has been affirmed or modified by the State

Board.

(c) An EMS Medical Director may immediately suspend an EMR,

EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, PHRN, LI, or other

individual or entity if he or she finds that the continuation

in practice by the individual or entity would constitute an

imminent danger to the public. The suspended individual or

entity shall be issued an immediate verbal notification

followed by a written suspension order by the EMS Medical

Director which states the length, terms and basis for the

suspension.

(1) Within 24 hours following the commencement of the

suspension, the EMS Medical Director shall deliver to the

Department, by messenger, telefax, or other

Department-approved electronic communication, a copy of

the suspension order and copies of any written materials

which relate to the EMS Medical Director's decision to

suspend the individual or entity. All medical and

patient-specific information, including Department

findings with respect to the quality of care rendered,

shall be strictly confidential pursuant to the Medical

Studies Act (Part 21 of Article VIII of the Code of Civil

Procedure).

(2) Within 24 hours following the commencement of the

suspension, the suspended individual or entity may deliver

to the Department, by messenger, telefax, or other

Department-approved electronic communication, a written

response to the suspension order and copies of any written

materials which the individual or entity feels are

appropriate. All medical and patient-specific information,

including Department findings with respect to the quality

of care rendered, shall be strictly confidential pursuant

to the Medical Studies Act.

(3) Within 24 hours following receipt of the EMS

Medical Director's suspension order or the individual or

entity's written response, whichever is later, the

Director or the Director's designee shall determine

whether the suspension should be stayed pending an

opportunity for a hearing or review in accordance with this

Act, or whether the suspension should continue during the

course of that hearing or review. The Director or the

Director's designee shall issue this determination to the

EMS Medical Director, who shall immediately notify the

suspended individual or entity. The suspension shall

remain in effect during this period of review by the

Director or the Director's designee.

(d) Upon issuance of a suspension order for reasons

directly related to medical care, the EMS Medical Director

shall also provide the individual or entity with the

opportunity for a hearing before the local System review board,

in accordance with subsection (f) and the rules promulgated by

the Department.

(1) If the local System review board affirms or

modifies the EMS Medical Director's suspension order, the

individual or entity shall have the opportunity for a

review of the local board's decision by the State EMS

Disciplinary Review Board, pursuant to Section 3.45 of this

Act.

(2) If the local System review board reverses or

modifies the EMS Medical Director's suspension order, the

EMS Medical Director shall have the opportunity for a

review of the local board's decision by the State EMS

Disciplinary Review Board, pursuant to Section 3.45 of this

Act.

(3) The suspended individual or entity may elect to

bypass the local System review board and seek direct review

of the EMS Medical Director's suspension order by the State

EMS Disciplinary Review Board.

(e) The Resource Hospital shall designate a local System

review board in accordance with the rules of the Department,

for the purpose of providing a hearing to any individual or

entity participating within the System who is suspended from

participation by the EMS Medical Director. The EMS Medical

Director shall arrange for a certified shorthand reporter to

make a stenographic record of that hearing and thereafter

prepare a transcript of the proceedings. The transcript, all

documents or materials received as evidence during the hearing

and the local System review board's written decision shall be

retained in the custody of the EMS system. The System shall

implement a decision of the local System review board unless

that decision has been appealed to the State Emergency Medical

Services Disciplinary Review Board in accordance with this Act

and the rules of the Department.

(f) The Resource Hospital shall implement a decision of the

State Emergency Medical Services Disciplinary Review Board

which has been rendered in accordance with this Act and the

rules of the Department.

(Source: P.A. 98-973, eff. 8-15-14; revised 9-8-16.)

(210 ILCS 50/3.220)

Sec. 3.220. EMS Assistance Fund.

(a) There is hereby created an "EMS Assistance Fund" within

the State treasury, for the purpose of receiving fines and fees

collected by the Illinois Department of Public Health pursuant

to this Act.

(b) (Blank).

(b-5) All licensing, testing, and certification fees

authorized by this Act, excluding ambulance licensure fees,

within this fund shall be used by the Department for

administration, oversight, and enforcement of activities

authorized under this Act.

(c) All other moneys within this fund shall be distributed

by the Department to the EMS Regions for disbursement in

accordance with protocols established in the EMS Region Plans,

for the purposes of organization, development and improvement

of Emergency Medical Services Systems, including but not

limited to training of personnel and acquisition, modification

and maintenance of necessary supplies, equipment and vehicles.

(d) All fees and fines collected pursuant to this Act shall

be deposited into the EMS Assistance Fund, except that all fees

collected under Section 3.86 in connection with the licensure

of stretcher van providers shall be deposited into the

Stretcher Van Licensure Fund.

(Source: P.A. 96-702, eff. 8-25-09; 96-1469, eff. 1-1-11;

revised 9-8-16.)

Section 405. The Home Health, Home Services, and Home

Nursing Agency Licensing Act is amended by changing Section

10.01 as follows:

(210 ILCS 55/10.01) (from Ch. 111 1/2, par. 2810.01)

Sec. 10.01. All fines shall be paid to the Department

within 10 days of the notice of assessment or, if the fine is

contested under Section 10 of this Act, within 10 days of the

receipt of the final decision, unless the decision is appealed

and the order is stayed by court order under Section 12 of this

Act. A fine assessed under this Act shall be collected by the

Department. If the licensee against whom the fine has been

assessed does not comply with a written demand for payment

within 30 days, the Director shall issue an order to do any of

the following:

(a) certify to the Comptroller, as provided by rule of

the Department of delinquent fines due and owing from the

licensee or any amounts due and owing as a result of a

civil action pursuant to subsection (d) of this Section.

The purpose of certification shall be to intercept State

income tax refunds and other payments due such licensee in

order to satisfy, in whole or in part, any delinquent fines

or amounts recoverable in a civil action brought pursuant

to subsection (d) of this Section. The rule shall provide

for notice to any such licensee or person affected. Any

final administrative decision rendered by the Department

with respect to any certification made pursuant to this

subsection (a) shall be reviewed only under and in

accordance with the Administrative Review Law; .

(b) certify to the Social Security Administration, as

provided by rule of the Department, of delinquent fines due

and owing from the licensee or any amounts due and owing as

a result of a civil action pursuant to subsection (d) of

this Section. The purpose of certification shall be to

request the Social Security Administration to intercept

and remit to the Department Medicaid reimbursement

payments due such licensee in order to satisfy, in whole or

in part, any delinquent fines or amounts recoverable in a

civil action brought pursuant to subsection (d) of this

Section. The rules shall provide for notice to any such

licensee or person affected. Any final administrative

decision rendered by the Department with respect to any

certification made pursuant to this subsection (b) shall be

reviewed only under and in accordance with the

Administrative Review Law; .

(c) add the amount of the penalty to the agency's

licensing fee; if the licensee refuses to make the payment

at the time of application for renewal of its license, the

license shall not be renewed; or

(d) bring an action in circuit court to recover the

amount of the penalty.

(Source: P.A. 94-379, eff. 1-1-06; revised 9-8-16.)

Section 410. The Hospital Licensing Act is amended by

changing Sections 10 and 10.8 as follows:

(210 ILCS 85/10) (from Ch. 111 1/2, par. 151)

Sec. 10. Board creation; Department rules.

(a) The Governor shall appoint a Hospital Licensing Board

composed of 14 persons, which shall advise and consult with the

Director in the administration of this Act. The Secretary of

Human Services (or his or her designee) shall serve on the

Board, along with one additional representative of the

Department of Human Services to be designated by the Secretary.

Four appointive members shall represent the general public and

2 of these shall be members of hospital governing boards; one

appointive member shall be a registered professional nurse or

advanced practice, nurse as defined in the Nurse Practice Act,

who is employed in a hospital; 3 appointive members shall be

hospital administrators actively engaged in the supervision or

administration of hospitals; 2 appointive members shall be

practicing physicians, licensed in Illinois to practice

medicine in all of its branches; and one appointive member

shall be a physician licensed to practice podiatric medicine

under the Podiatric Medical Practice Act of 1987; and one

appointive member shall be a dentist licensed to practice

dentistry under the Illinois Dental Practice Act. In making

Board appointments, the Governor shall give consideration to

recommendations made through the Director by professional

organizations concerned with hospital administration for the

hospital administrative and governing board appointments,

registered professional nurse organizations for the registered

professional nurse appointment, professional medical

organizations for the physician appointments, and professional

dental organizations for the dentist appointment.

(b) Each appointive member shall hold office for a term of

3 years, except that any member appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder

of such term and the terms of office of the members first

taking office shall expire, as designated at the time of

appointment, 2 at the end of the first year, 2 at the end of the

second year, and 3 at the end of the third year, after the date

of appointment. The initial terms of office of the 2 additional

members representing the general public provided for in this

Section shall expire at the end of the third year after the

date of appointment. The term of office of each original

appointee shall commence July 1, 1953; the term of office of

the original registered professional nurse appointee shall

commence July 1, 1969; the term of office of the original

licensed podiatric physician appointee shall commence July 1,

1981; the term of office of the original dentist appointee

shall commence July 1, 1987; and the term of office of each

successor shall commence on July 1 of the year in which his

predecessor's term expires. Board members, while serving on

business of the Board, shall receive actual and necessary

travel and subsistence expenses while so serving away from

their places of residence. The Board shall meet as frequently

as the Director deems necessary, but not less than once a year.

Upon request of 5 or more members, the Director shall call a

meeting of the Board.

(c) The Director shall prescribe rules, regulations,

standards, and statements of policy needed to implement,

interpret, or make specific the provisions and purposes of this

Act. The Department shall adopt rules which set forth standards

for determining when the public interest, safety or welfare

requires emergency action in relation to termination of a

research program or experimental procedure conducted by a

hospital licensed under this Act. No rule, regulation, or

standard shall be adopted by the Department concerning the

operation of hospitals licensed under this Act which has not

had prior approval of the Hospital Licensing Board, nor shall

the Department adopt any rule, regulation or standard relating

to the establishment of a hospital without consultation with

the Hospital Licensing Board.

(d) Within one year after August 7, 1984 (the effective

date of Public Act 83-1248) this amendatory Act of 1984, all

hospitals licensed under this Act and providing perinatal care

shall comply with standards of perinatal care promulgated by

the Department. The Director shall promulgate rules or

regulations under this Act which are consistent with the

Developmental Disability Prevention Act "An Act relating to the

prevention of developmental disabilities", approved September

6, 1973, as amended.

(Source: P.A. 98-214, eff. 8-9-13; revised 10-26-16.)

(210 ILCS 85/10.8)

Sec. 10.8. Requirements for employment of physicians.

(a) Physician employment by hospitals and hospital

affiliates. Employing entities may employ physicians to

practice medicine in all of its branches provided that the

following requirements are met:

(1) The employed physician is a member of the medical

staff of either the hospital or hospital affiliate. If a

hospital affiliate decides to have a medical staff, its

medical staff shall be organized in accordance with written

bylaws where the affiliate medical staff is responsible for

making recommendations to the governing body of the

affiliate regarding all quality assurance activities and

safeguarding professional autonomy. The affiliate medical

staff bylaws may not be unilaterally changed by the

governing body of the affiliate. Nothing in this Section

requires hospital affiliates to have a medical staff.

(2) Independent physicians, who are not employed by an

employing entity, periodically review the quality of the

medical services provided by the employed physician to

continuously improve patient care.

(3) The employing entity and the employed physician

sign a statement acknowledging that the employer shall not

unreasonably exercise control, direct, or interfere with

the employed physician's exercise and execution of his or

her professional judgment in a manner that adversely

affects the employed physician's ability to provide

quality care to patients. This signed statement shall take

the form of a provision in the physician's employment

contract or a separate signed document from the employing

entity to the employed physician. This statement shall

state: "As the employer of a physician, (employer's name)

shall not unreasonably exercise control, direct, or

interfere with the employed physician's exercise and

execution of his or her professional judgment in a manner

that adversely affects the employed physician's ability to

provide quality care to patients."

(4) The employing entity shall establish a mutually

agreed upon independent review process with criteria under

which an employed physician may seek review of the alleged

violation of this Section by physicians who are not

employed by the employing entity. The affiliate may arrange

with the hospital medical staff to conduct these reviews.

The independent physicians shall make findings and

recommendations to the employing entity and the employed

physician within 30 days of the conclusion of the gathering

of the relevant information.

(b) Definitions. For the purpose of this Section:

"Employing entity" means a hospital licensed under the

Hospital Licensing Act or a hospital affiliate.

"Employed physician" means a physician who receives an IRS

W-2 form, or any successor federal income tax form, from an

employing entity.

"Hospital" means a hospital licensed under the Hospital

Licensing Act, except county hospitals as defined in subsection

(c) of Section 15-1 of the Illinois Public Aid Code.

"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.

"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.

"Physician" means an individual licensed to practice

medicine in all its branches in Illinois.

"Professional judgment" means the exercise of a

physician's independent clinical judgment in providing

medically appropriate diagnoses, care, and treatment to a

particular patient at a particular time. Situations in which an

employing entity does not interfere with an employed

physician's professional judgment include, without limitation,

the following:

(1) practice restrictions based upon peer review of the

physician's clinical practice to assess quality of care and

utilization of resources in accordance with applicable

bylaws;

(2) supervision of physicians by appropriately

licensed medical directors, medical school faculty,

department chairpersons or directors, or supervising

physicians;

(3) written statements of ethical or religious

directives; and

(4) reasonable referral restrictions that do not, in

the reasonable professional judgment of the physician,

adversely affect the health or welfare of the patient.

(c) Private enforcement. An employed physician aggrieved

by a violation of this Act may seek to obtain an injunction or

reinstatement of employment with the employing entity as the

court may deem appropriate. Nothing in this Section limits or

abrogates any common law cause of action. Nothing in this

Section shall be deemed to alter the law of negligence.

(d) Department enforcement. The Department may enforce the

provisions of this Section, but nothing in this Section shall

require or permit the Department to license, certify, or

otherwise investigate the activities of a hospital affiliate

not otherwise required to be licensed by the Department.

(e) Retaliation prohibited. No employing entity shall

retaliate against any employed physician for requesting a

hearing or review under this Section. No action may be taken

that affects the ability of a physician to practice during this

review, except in circumstances where the medical staff bylaws

authorize summary suspension.

(f) Physician collaboration. No employing entity shall

adopt or enforce, either formally or informally, any policy,

rule, regulation, or practice inconsistent with the provision

of adequate collaboration, including medical direction of

licensed advanced practice nurses or supervision of licensed

physician assistants and delegation to other personnel under

Section 54.5 of the Medical Practice Act of 1987.

(g) Physician disciplinary actions. Nothing in this

Section shall be construed to limit or prohibit the governing

body of an employing entity or its medical staff, if any, from

taking disciplinary actions against a physician as permitted by

law.

(h) Physician review. Nothing in this Section shall be

construed to prohibit a hospital or hospital affiliate from

making a determination not to pay for a particular health care

service or to prohibit a medical group, independent practice

association, hospital medical staff, or hospital governing

body from enforcing reasonable peer review or utilization

review protocols or determining whether the employed physician

complied with those protocols.

(i) Review. Nothing in this Section may be used or

construed to establish that any activity of a hospital or

hospital affiliate is subject to review under the Illinois

Health Facilities Planning Act.

(j) Rules. The Department shall adopt any rules necessary

to implement this Section.

(Source: P.A. 92-455, eff. 9-30-01; revised 10-26-16.)

Section 415. The Illinois Insurance Code is amended by

changing Sections 35A-15, 35A-60, 126.12, 126.25, 143.19,

355a, and 1303 as follows:

(215 ILCS 5/35A-15)

Sec. 35A-15. Company action level event.

(a) A company action level event means any of the following

events:

(1) The filing of an RBC Report by an insurer that

indicates that:

(A) the insurer's total adjusted capital is

greater than or equal to its regulatory action level

RBC, but less than its company action level RBC;

(B) the insurer, if a life, health, or life and

health insurer or a fraternal benefit society, has

total adjusted capital that is greater than or equal to

its company action level RBC, but less than the product

of its authorized control level RBC and 3.0 and has a

negative trend; or

(C) the insurer, if a property and casualty

insurer, has total adjusted capital that is greater

than or equal to its company action level RBC, but less

than the product of its authorized control level RBC

and 3.0 and triggers the trend test determined in

accordance with the trend test calculation included in

the property and casualty RBC Instructions; or .

(D) the insurer, if a health organization, has

total adjusted capital that is greater than or equal to

its company action level RBC but less than the product

of its authorized control level RBC and 3.0 and

triggers the trend test determined in accordance with

the trend test calculation included in the Health RBC

Instructions.

(2) The notification by the Director to the insurer of

an Adjusted RBC Report that indicates an event described in

paragraph (1), provided the insurer does not challenge the

Adjusted RBC Report under Section 35A-35.

(3) The notification by the Director to the insurer

that the Director has, after a hearing, rejected the

insurer's challenge under Section 35A-35 to an Adjusted RBC

Report that indicates the event described in paragraph (1).

(b) In the event of a company action level event, the

insurer shall prepare and submit to the Director an RBC Plan

that does all of the following:

(1) Identifies the conditions that contribute to the

company action level event.

(2) Contains proposed corrective actions that the

insurer intends to take and that are expected to result in

the elimination of the company action level event. A health

organization is not prohibited from proposing recognition

of a parental guarantee or a letter of credit to eliminate

the company action level event; however the Director shall,

at his discretion, determine whether or the extent to which

the proposed parental guarantee or letter of credit is an

acceptable part of a satisfactory RBC Plan or Revised RBC

Plan.

(3) Provides projections of the insurer's financial

results in the current year and at least the 4 succeeding

years, both in the absence of proposed corrective actions

and giving effect to the proposed corrective actions,

including projections of statutory operating income, net

income, capital, and surplus. The projections for both new

and renewal business may include separate projections for

each major line of business and separately identify each

significant income, expense, and benefit component.

(4) Identifies the key assumptions affecting the

insurer's projections and the sensitivity of the

projections to the assumptions.

(5) Identifies the quality of, and problems associated

with, the insurer's business including, but not limited to,

its assets, anticipated business growth and associated

surplus strain, extraordinary exposure to risk, mix of

business, and use of reinsurance, if any, in each case.

(c) The insurer shall submit the RBC Plan to the Director

within 45 days after the company action level event occurs or

within 45 days after the Director notifies the insurer that the

Director has, after a hearing, rejected its challenge under

Section 35A-35 to an Adjusted RBC Report.

(d) Within 60 days after an insurer submits an RBC Plan to

the Director, the Director shall notify the insurer whether the

RBC Plan shall be implemented or is, in the judgment of the

Director, unsatisfactory. If the Director determines the RBC

Plan is unsatisfactory, the notification to the insurer shall

set forth the reasons for the determination and may set forth

proposed revisions that will render the RBC Plan satisfactory

in the judgment of the Director. Upon notification from the

Director, the insurer shall prepare a Revised RBC Plan, which

may incorporate by reference any revisions proposed by the

Director. The insurer shall submit the Revised RBC Plan to the

Director within 45 days after the Director notifies the insurer

that the RBC Plan is unsatisfactory or within 45 days after the

Director notifies the insurer that the Director has, after a

hearing, rejected its challenge under Section 35A-35 to the

determination that the RBC Plan is unsatisfactory.

(e) In the event the Director notifies an insurer that its

RBC Plan or Revised RBC Plan is unsatisfactory, the Director

may, at the Director's discretion and subject to the insurer's

right to a hearing under Section 35A-35, specify in the

notification that the notification constitutes a regulatory

action level event.

(f) Every domestic insurer that files an RBC Plan or

Revised RBC Plan with the Director shall file a copy of the RBC

Plan or Revised RBC Plan with the chief insurance regulatory

official in any state in which the insurer is authorized to do

business if that state has a law substantially similar to the

confidentiality provisions in subsection (a) of Section 35A-50

and if that official requests in writing a copy of the plan.

The insurer shall file a copy of the RBC Plan or Revised RBC

Plan in that state no later than the later of 15 days after

receiving the written request for the copy or the date on which

the RBC Plan or Revised RBC Plan is filed under subsection (c)

or (d) of this Section.

(Source: P.A. 98-157, eff. 8-2-13; 99-542, eff. 7-8-16; revised

9-9-16.)

(215 ILCS 5/35A-60)

Sec. 35A-60. Phase-in of Article.

(a) For RBC Reports filed with respect to the December 31,

1993 annual statement, instead of the provisions of Sections

35A-15, 35A-20, 35A-25, and 35A-30, the following provisions

apply:

(1) In the event of a company action level event, the

Director shall take no action under this Article.

(2) In the event of a regulatory action level event

under paragraph (1), (2), or (3) of subsection (a) of

Section 35A-20, the Director shall take the actions

required under Section 35A-15.

(3) In the event of a regulatory action level event

under paragraph (4), (5), (6), (7), (8), or (9) of

subsection (a) of Section 35A-20 or an authorized control

level event, the Director shall take the actions required

under Section 35A-20.

(4) In the event of a mandatory control level event,

the Director shall take the actions required under Section

35A-25.

(b) For RBC Reports required to be filed by property and

casualty insurers with respect to the December 31, 1995 annual

statement, instead of the provisions of Sections Section

35A-15, 35A-20, 35A-25, and 35A-30, the following provisions

apply:

(1) In the event of a company action level event with

respect to a domestic insurer, the Director shall take no

regulatory action under this Article.

(2) In the event of a regulatory action level event

under paragraph (1), (2), or (3) of subsection (a) of

Section 35A-20, the Director shall take the actions

required under Section 35A-15.

(3) In the event of a regulatory action level event

under paragraph (4), (5), (6), (7), (8), or (9) of

subsection (a) of Section 35A-20 or an authorized control

level event, the Director shall take the actions required

under Section 35A-20.

(4) In the event of a mandatory control level event,

the Director shall take the actions required under Section

35A-25.

(c) For RBC Reports required to be filed by health

organizations with respect to the December 31, 1999 annual

statement and the December 31, 2000 annual statement, instead

of the provisions of Sections 35A-15, 35A-20, 35A-25, and

35A-30, the following provisions apply:

(1) In the event of a company action level event with

respect to a domestic insurer, the Director shall take no

regulatory action under this Article.

(2) In the event of a regulatory action level event

under paragraph (1), (2), or (3) of subsection (a) of

Section 35A-20, the Director shall take the actions

required under Section 35A-15.

(3) In the event of a regulatory action level event

under paragraph (4), (5), (6), (7), (8), or (9) of

subsection (a) of Section 35A-20 or an authorized control

level event, the Director shall take the actions required

under Section 35A-20.

(4) In the event of a mandatory control level event,

the Director shall take the actions required under Section

35A-25.

This subsection does not apply to a health organization

that provides or arranges for a health care plan under which

enrollees may access health care services from contracted

providers without a referral from their primary care physician.

Nothing in this subsection shall preclude or limit other

powers or duties of the Director under any other laws.

(d) For RBC Reports required to be filed by fraternal

benefit societies with respect to the December 31, 2013 annual

statement and the December 31, 2014 annual statement, instead

of the provisions of Sections 35A-15, 35A-20, 35A-25, and

35A-30, the following provisions apply:

(1) In the event of a company action level event with

respect to a domestic insurer, the Director shall take no

regulatory action under this Article.

(2) In the event of a regulatory action level event

under paragraph (1), (2), or (3) of subsection (a) of

Section 35A-20, the Director shall take the actions

required under Section 35A-15.

(3) In the event of a regulatory action level event

under paragraph (4), (5), (6), (7), (8), or (9) of

subsection (a) of Section 35A-20 or an authorized control

level event, the Director shall take the actions required

under Section 35A-20.

(4) In the event of a mandatory control level event,

the Director shall take the actions required under Section

35A-25.

Nothing in this subsection shall preclude or limit other

powers or duties of the Director under any other laws.

(Source: P.A. 98-157, eff. 8-2-13; revised 9-2-16.)

(215 ILCS 5/126.12)

Sec. 126.12. Insurer investment pools.

A. An insurer may acquire investments in investment pools

that:

(1) Invest only in:

(a) Obligations that are rated 1 or 2 by the SVO or

have an equivalent of an SVO 1 or 2 rating (or, in the

absence of a 1 or 2 rating or equivalent rating, the

issuer has outstanding obligations with an SVO 1 or 2

or equivalent rating) by a nationally recognized

statistical rating organization recognized by the SVO

and have:

(i) A remaining maturity of 397 days or less or

a put that entitles the holder to receive the

principal amount of the obligation which put may be

exercised through maturity at specified intervals

not exceeding 397 days; or

(ii) A remaining maturity of 3 years or less

and a floating interest rate that resets no less

frequently than quarterly on the basis of a current

short-term index (federal funds, prime rate,

treasury bills, London InterBank Offered Rate

(LIBOR) or commercial paper) and is subject to no

maximum limit, if the obligations do not have an

interest rate that varies inversely to market

interest rate changes;

(b) Government money market mutual funds or class

one money market mutual funds; or

(c) Securities lending, repurchase, and reverse

repurchase transactions that meet all the requirements

of Section 126.16, except the quantitative limitations

of Section 126.16D; or

(2) Invest only in investments which an insurer may

acquire under this Article, if the insurer's proportionate

interest in the amount invested in these investments when

combined with amount of such investments made directly or

indirectly through an investment subsidiary or other

insurer investment pool permitted under this subsection

A(2) does not exceed the applicable limits of this Article

for such investments.

B. For an investment in an investment pool to be qualified

under this Article, the investment pool shall not:

(1) Acquire securities issued, assumed, guaranteed or

insured by the insurer or an affiliate of the insurer;

(2) Borrow or incur any indebtedness for borrowed

money, except for securities lending and reverse

repurchase transactions that meet the requirements of

Section 126.16 except the quantitative limitations of

Section 126.16D; or

(3) Acquire an investment if, as a result of such

transaction, the aggregate value of securities then loaned

or sold to, purchased from or invested in any one business

entity under this Section would exceed 10% of the total

assets of the investment pool.

C. The limitations of Section 126.10A shall not apply to an

insurer's investment in an investment pool, however an insurer

shall not acquire an investment in an investment pool under

this Section if, as a result of and after giving effect to the

investment, the aggregate amount of investments then held by

the insurer under this Section:

(1) In all investment pools investing in investments

permitted under subsection A(2) of this Section would

exceed 25% of its admitted assets; or

(2) In all investment pools would exceed 35% of its

admitted assets.

D. For an investment in an investment pool to be qualified

under this Article, the manager of the investment pool shall:

(1) Be organized under the laws of the United States or

a state and designated as the pool manager in a pooling

agreement;

(2) Be the insurer, an affiliated insurer or a business

entity affiliated with the insurer, a qualified bank, a

business entity registered under the Investment Advisers

Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended

or, in the case of a reciprocal insurer or interinsurance

exchange, its attorney-in-fact, or in the case of a United

States branch of an alien insurer, its United States

manager or an affiliate or subsidiary of its United States

manager;

(3) Be responsible for the compilation and maintenance

of detailed accounting records setting forth:

(a) The cash receipts and disbursements reflecting

each participant's proportionate investment in the

investment pool;

(b) A complete description of all underlying

assets of the investment pool (including amount,

interest rate, maturity date (if any) and other

appropriate designations); and

(c) Other records which, on a daily basis, allow

third parties to verify each participant's investment

in the investment pool; and

(4) Maintain the assets of the investment pool in one

or more accounts, in the name of or on behalf of the

investment pool, under a custody agreement with a qualified

bank. The custody agreement shall:

(a) State and recognize the claims and rights of

each participant;

(b) Acknowledge that the underlying assets of the

investment pool are held solely for the benefit of each

participant in proportion to the aggregate amount of

its investments in the investment pool; and

(c) Contain an agreement that the underlying

assets of the investment pool shall not be commingled

with the general assets of the custodian qualified bank

or any other person.

E. The pooling agreement for each investment pool shall be

in writing and shall provide that:

(1) An insurer and its affiliated insurers or, in the

case of an investment pool investing solely in investments

permitted under subsection A(1) of this Section, the

insurer and its subsidiaries, affiliates or any pension or

profit sharing plan of the insurer, its subsidiaries and

affiliates or, in the case of a United States branch of an

alien insurer, affiliates or subsidiaries of its United

States manager, shall, at all times, hold 100% of the

interests in the investment pool;

(2) The underlying assets of the investment pool shall

not be commingled with the general assets of the pool

manager or any other person;

(3) In proportion to the aggregate amount of each pool

participant's interest in the investment pool:

(a) Each participant owns an undivided interest in

the underlying assets of the investment pool; and

(b) The underlying assets of the investment pool

are held solely for the benefit of each participant;

(4) A participant, or in the event of the participant's

insolvency, bankruptcy or receivership, its trustee,

receiver or other successor-in-interest, may withdraw all

or any portion of its investment from the investment pool

under the terms of the pooling agreement;

(5) Withdrawals may be made on demand without penalty

or other assessment on any business day, but settlement of

funds shall occur within a reasonable and customary period

thereafter not to exceed 10 business days. Distributions

under this paragraph shall be calculated in each case net

of all then applicable fees and expenses of the investment

pool. The pooling agreement shall provide that the pool

manager shall distribute to a participant, at the

discretion of the pool manager:

(a) In cash, the then fair market value of the

participant's pro rata share of each underlying asset

of the investment pool;

(b) In kind, a pro rata share of each underlying

asset; or

(c) In a combination of cash and in kind

distributions, a pro rata share in each underlying

asset; and

(6) The pool manager shall make the records of the

investment pool available for inspection by the Director.

F. Except for the formation of the investment pool,

transactions and between a domestic insurer and an affiliated

insurer investment pool shall not be subject to the

requirements of Section 131.20a of this Code.

(Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)

(215 ILCS 5/126.25)

Sec. 126.25. Insurer investment pools.

A. An insurer may acquire investments in investment pools

that:

(1) Invest only in:

(a) Obligations that are rated 1 or 2 by the SVO or

have an equivalent of an SVO 1 or 2 rating (or, in the

absence of a 1 or 2 rating or equivalent rating, the

issuer has outstanding obligations with an SVO 1 or 2

or equivalent rating) by a nationally recognized

statistical rating organization recognized by the SVO

and have:

(i) A remaining maturity of 397 days or less or

a put that entitles the holder to receive the

principal amount of the obligation which put may be

exercised through maturity at specified intervals

not exceeding 397 days; or

(ii) A remaining maturity of 3 years or less

and a floating interest rate that resets no less

frequently than quarterly on the basis of a current

short-term index (federal funds, prime rate,

treasury bills, London InterBank Offered Rate

(LIBOR) or commercial paper) and is subject to no

maximum limit, if the obligations do not have an

interest rate that varies inversely to market

interest rate changes;

(b) Government money market mutual funds or class

one money market mutual funds; or

(c) Securities lending, repurchase, and reverse

repurchase, transactions that meet all the

requirements of Section 126.29, except the

quantitative limitations of Section 126.29D; or

(2) Invest only in investments which an insurer may

acquire under this Article, if the insurer's proportionate

interest in the amount invested in these investments when

combined with amounts of such investments made directly or

indirectly through an investment subsidiary or other

insurer investment pool permitted under this subsection

A(2) does not exceed the applicable limits of this Article

for such investments.

B. For an investment in an investment pool to be qualified

under this Article, the investment pool shall not:

(1) Acquire securities issued, assumed, guaranteed, or

insured by the insurer or an affiliate of the insurer;

(2) Borrow or incur any indebtedness for borrowed

money, except for securities lending and reverse

repurchase transactions that meet the requirements of

Section 126.29 except the quantitative limitations of

Section 126.29D; or

(3) Acquire an investment if, as a result of such

transaction, the aggregate value of securities then loaned

or sold to, purchased from or invested in any one business

entity under this Section would exceed 10% of the total

assets of the investment pool.

C. The limitations of Section 126.23A shall not apply to an

insurer's investment in an investment pool, however an insurer

shall not acquire an investment in an investment pool under

this Section if, as a result of and after giving effect to the

investment, the aggregate amount of investments then held by

the insurer under this Section:

(1) In all investment pools investing in investments

permitted under subsection A(2) of this Section would

exceed 25% of its admitted assets; or

(2) In all investment pools would exceed 40% of its

admitted assets.

D. For an investment in an investment pool to be qualified

under this Article, the manager of the investment pool shall:

(1) Be organized under the laws of the United States or

a state and designated as the pool manager in a pooling

agreement;

(2) Be the insurer, an affiliated insurer or a business

entity affiliated with the insurer, a qualified bank, a

business entity registered under the Investment Advisers

Advisors Act of 1940 (15 U.S.C. 80a-1 et seq.), as amended

or, in the case of a reciprocal insurer or interinsurance

exchange, its attorney-in-fact, or in the case of a United

States branch of an alien insurer, its United States

manager or an affiliate or subsidiary of its United States

manager;

(3) Be responsible for the compilation and maintenance

of detailed accounting records setting forth:

(a) The cash receipts and disbursements reflecting

each participant's proportionate investment in the

investment pool;

(b) A complete description of all underlying

assets of the investment pool (including amount,

interest rate, maturity date (if any) and other

appropriate designations); and

(c) Other records which, on a daily basis, allow

third parties to verify each participant's investment

in the investment pool; and

(4) Maintain the assets of the investment pool in one

or more accounts, in the name of or on behalf of the

investment pool, under a custody agreement with a qualified

bank. The custody agreement shall:

(a) State and recognize the claims and rights of

each participant;

(b) Acknowledge that the underlying assets of the

investment pool are held solely for the benefit of each

participant in proportion to the aggregate amount of

its investments in the investment pool; and

(c) Contain an agreement that the underlying

assets of the investment pool shall not be commingled

with the general assets of the custodian qualified bank

or any other person.

E. The pooling agreement for each investment pool shall be

in writing and shall provide that:

(1) An insurer and its affiliated insurers or, in the

case of an investment pool investing solely in investments

permitted under subsection A(1) of this Section, the

insurer and its subsidiaries, affiliates or any pension or

profit sharing plan of the insurer, its subsidiaries and

affiliates or, in the case of a United States branch of an

alien insurer, affiliates or subsidiaries of its United

States manager, shall, at all times, hold 100% of the

interests in the investment pool;

(2) The underlying assets of the investment pool shall

not be commingled with the general assets of the pool

manager or any other person;

(3) In proportion to the aggregate amount of each pool

participant's interest in the investment pool:

(a) Each participant owns an undivided interest in

the underlying assets of the investment pool; and

(b) The underlying assets of the investment pool

are held solely for the benefit of each participant;

(4) A participant, or in the event of the participant's

insolvency, bankruptcy or receivership, its trustee,

receiver or other successor-in-interest, may withdraw all

or any portion of its investment from the investment pool

under the terms of the pooling agreement;

(5) Withdrawals may be made on demand without penalty

or other assessment on any business day, but settlement of

funds shall occur within a reasonable and customary period

thereafter not to exceed 10 business days. Distributions

under this paragraph shall be calculated in each case net

of all then applicable fees and expenses of the investment

pool. The pooling agreement shall provide that the pool

manager shall distribute to a participant, at the

discretion of the pool manager:

(a) In cash, the then fair market value of the

participant's pro rata share of each underlying asset

of the investment pool;

(b) In kind, a pro rata share of each underlying

asset; or

(c) In a combination of cash and in kind

distributions, a pro rata share in each underlying

asset; and

(6) The pool manager shall make the records of the

investment pool available for inspection by the Director.

F. Except for the formation of the investment pool,

transactions between a domestic insurer and an affiliated

insurer investment pool shall not be subject to the

requirements of Section 131.20a of this Code.

(Source: P.A. 90-418, eff. 8-15-97; revised 9-2-16.)

(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)

Sec. 143.19. Cancellation of automobile insurance policy;

grounds Automobile Insurance Policy - Grounds. After a policy

of automobile insurance as defined in Section 143.13(a) has

been effective for 60 days, or if such policy is a renewal

policy, the insurer shall not exercise its option to cancel

such policy except for one or more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a material

misrepresentation;

c. Any insured violated any of the terms and conditions

of the policy;

d. The named insured failed to disclose fully his motor

vehicle accidents and moving traffic violations for the

preceding 36 months if called for in the application;

e. Any insured made a false or fraudulent claim or of

knowingly aided or abetted another in the presentation of

such a claim;

f. The named insured or any other operator who either

resides in the same household or customarily operates an

automobile insured under such policy:

1. has, within the 12 months prior to the notice of

cancellation, had his driver's license under

suspension or revocation;

2. is or becomes subject to epilepsy or heart

attacks, and such individual does not produce a

certificate from a physician testifying to his

unqualified ability to operate a motor vehicle safely;

3. has an accident record, conviction record

(criminal or traffic), physical, or mental condition

which is such that his operation of an automobile might

endanger the public safety;

4. has, within the 36 months prior to the notice of

cancellation, been addicted to the use of narcotics or

other drugs; or

5. has been convicted, or forfeited bail, during

the 36 months immediately preceding the notice of

cancellation, for any felony, criminal negligence

resulting in death, homicide or assault arising out of

the operation of a motor vehicle, operating a motor

vehicle while in an intoxicated condition or while

under the influence of drugs, being intoxicated while

in, or about, an automobile or while having custody of

an automobile, leaving the scene of an accident without

stopping to report, theft or unlawful taking of a motor

vehicle, making false statements in an application for

an operator's or chauffeur's license or has been

convicted or forfeited bail for 3 or more violations

within the 12 months immediately preceding the notice

of cancellation, of any law, ordinance, or regulation

limiting the speed of motor vehicles or any of the

provisions of the motor vehicle laws of any state,

violation of which constitutes a misdemeanor, whether

or not the violations were repetitions of the same

offense or of different offenses;

g. The insured automobile is:

1. so mechanically defective that its operation

might endanger public safety;

2. used in carrying passengers for hire or

compensation (the use of an automobile for a car pool

shall not be considered use of an automobile for hire

or compensation);

3. used in the business of transportation of

flammables or explosives;

4. an authorized emergency vehicle;

5. changed in shape or condition during the policy

period so as to increase the risk substantially; or

6. subject to an inspection law and has not been

inspected or, if inspected, has failed to qualify.

Nothing in this Section shall apply to nonrenewal.

(Source: P.A. 92-16, eff. 6-28-01; revised 9-19-16.)

(215 ILCS 5/355a) (from Ch. 73, par. 967a)

Sec. 355a. Standardization of terms and coverage.

(1) The purposes purpose of this Section shall be (a) to

provide reasonable standardization and simplification of terms

and coverages of individual accident and health insurance

policies to facilitate public understanding and comparisons;

(b) to eliminate provisions contained in individual accident

and health insurance policies which may be misleading or

unreasonably confusing in connection either with the purchase

of such coverages or with the settlement of claims; and (c) to

provide for reasonable disclosure in the sale of accident and

health coverages.

(2) Definitions applicable to this Section are as follows:

(a) "Policy" means all or any part of the forms

constituting the contract between the insurer and the

insured, including the policy, certificate, subscriber

contract, riders, endorsements, and the application if

attached, which are subject to filing with and approval by

the Director.

(b) "Service corporations" means voluntary health and

dental corporations organized and operating respectively

under the Voluntary Health Services Plans Act and the

Dental Service Plan Act.

(c) "Accident and health insurance" means insurance

written under Article XX of this the Insurance Code, other

than credit accident and health insurance, and coverages

provided in subscriber contracts issued by service

corporations. For purposes of this Section such service

corporations shall be deemed to be insurers engaged in the

business of insurance.

(3) The Director shall issue such rules as he shall deem

necessary or desirable to establish specific standards,

including standards of full and fair disclosure that set forth

the form and content and required disclosure for sale, of

individual policies of accident and health insurance, which

rules and regulations shall be in addition to and in accordance

with the applicable laws of this State, and which may cover but

shall not be limited to: (a) terms of renewability; (b) initial

and subsequent conditions of eligibility; (c) non-duplication

of coverage provisions; (d) coverage of dependents; (e)

pre-existing conditions; (f) termination of insurance; (g)

probationary periods; (h) limitation, exceptions, and

reductions; (i) elimination periods; (j) requirements

regarding replacements; (k) recurrent conditions; and (l) the

definition of terms, including, but not limited to, the

following: hospital, accident, sickness, injury, physician,

accidental means, total disability, partial disability,

nervous disorder, guaranteed renewable, and non-cancellable.

The Director may issue rules that specify prohibited policy

provisions not otherwise specifically authorized by statute

which in the opinion of the Director are unjust, unfair or

unfairly discriminatory to the policyholder, any person

insured under the policy, or beneficiary.

(4) The Director shall issue such rules as he shall deem

necessary or desirable to establish minimum standards for

benefits under each category of coverage in individual accident

and health policies, other than conversion policies issued

pursuant to a contractual conversion privilege under a group

policy, including but not limited to the following categories:

(a) basic hospital expense coverage; (b) basic

medical-surgical expense coverage; (c) hospital confinement

indemnity coverage; (d) major medical expense coverage; (e)

disability income protection coverage; (f) accident only

coverage; and (g) specified disease or specified accident

coverage.

Nothing in this subsection (4) shall preclude the issuance

of any policy which combines two or more of the categories of

coverage enumerated in subparagraphs (a) through (f) of this

subsection.

No policy shall be delivered or issued for delivery in this

State which does not meet the prescribed minimum standards for

the categories of coverage listed in this subsection unless the

Director finds that such policy is necessary to meet specific

needs of individuals or groups and such individuals or groups

will be adequately informed that such policy does not meet the

prescribed minimum standards, and such policy meets the

requirement that the benefits provided therein are reasonable

in relation to the premium charged. The standards and criteria

to be used by the Director in approving such policies shall be

included in the rules required under this Section with as much

specificity as practicable.

The Director shall prescribe by rule the method of

identification of policies based upon coverages provided.

(5) (a) In order to provide for full and fair disclosure in

the sale of individual accident and health insurance policies,

no such policy shall be delivered or issued for delivery in

this State unless the outline of coverage described in

paragraph (b) of this subsection either accompanies the policy,

or is delivered to the applicant at the time the application is

made, and an acknowledgment signed by the insured, of receipt

of delivery of such outline, is provided to the insurer. In the

event the policy is issued on a basis other than that applied

for, the outline of coverage properly describing the policy

must accompany the policy when it is delivered and such outline

shall clearly state that the policy differs, and to what

extent, from that for which application was originally made.

All policies, except single premium nonrenewal policies, shall

have a notice prominently printed on the first page of the

policy or attached thereto stating in substance, that the

policyholder shall have the right to return the policy within

10 days of its delivery and to have the premium refunded if

after examination of the policy the policyholder is not

satisfied for any reason.

(b) The Director shall issue such rules as he shall deem

necessary or desirable to prescribe the format and content of

the outline of coverage required by paragraph (a) of this

subsection. "Format" means style, arrangement, and overall

appearance, including such items as the size, color, and

prominence of type and the arrangement of text and captions.

"Content" shall include without limitation thereto, statements

relating to the particular policy as to the applicable category

of coverage prescribed under subsection (4) 4; principal

benefits; exceptions, reductions and limitations; and renewal

provisions, including any reservation by the insurer of a right

to change premiums. Such outline of coverage shall clearly

state that it constitutes a summary of the policy issued or

applied for and that the policy should be consulted to

determine governing contractual provisions.

(c) Without limiting the generality of paragraph (b) of

this subsection (5), no qualified health plans shall be offered

for sale directly to consumers through the health insurance

marketplace operating in the State in accordance with Sections

1311 and 1321 of the federal Patient Protection and Affordable

Care Act of 2010 (Public Law 111-148), as amended by the

federal Health Care and Education Reconciliation Act of 2010

(Public Law 111-152), and any amendments thereto, or

regulations or guidance issued thereunder (collectively, "the

Federal Act"), unless the following information is made

available to the consumer at the time he or she is comparing

policies and their premiums:

(i) With respect to prescription drug benefits, the

most recently published formulary where a consumer can view

in one location covered prescription drugs; information on

tiering and the cost-sharing structure for each tier; and

information about how a consumer can obtain specific

copayment amounts or coinsurance percentages for a

specific qualified health plan before enrolling in that

plan. This information shall clearly identify the

qualified health plan to which it applies.

(ii) The most recently published provider directory

where a consumer can view the provider network that applies

to each qualified health plan and information about each

provider, including location, contact information,

specialty, medical group, if any, any institutional

affiliation, and whether the provider is accepting new

patients at each of the specific locations listing the

provider. Dental providers shall notify qualified health

plans electronically or in writing of any changes to their

information as listed in the provider directory. Qualified

health plans shall update their directories in a manner

consistent with the information provided by the provider or

dental management service organization within 10 business

days after being notified of the change by the provider.

Nothing in this paragraph (ii) shall void any contractual

relationship between the provider and the plan. The

information shall clearly identify the qualified health

plan to which it applies.

(d) Each company that offers qualified health plans for

sale directly to consumers through the health insurance

marketplace operating in the State shall make the information

in paragraph (c) of this subsection (5), for each qualified

health plan that it offers, available and accessible to the

general public on the company's Internet website and through

other means for individuals without access to the Internet.

(e) The Department shall ensure that State-operated

Internet websites, in addition to the Internet website for the

health insurance marketplace established in this State in

accordance with the Federal Act, prominently provide links to

Internet-based materials and tools to help consumers be

informed purchasers of health insurance.

(f) Nothing in this Section shall be interpreted or

implemented in a manner not consistent with the Federal Act.

This Section shall apply to all qualified health plans offered

for sale directly to consumers through the health insurance

marketplace operating in this State for any coverage year

beginning on or after January 1, 2015.

(6) Prior to the issuance of rules pursuant to this

Section, the Director shall afford the public, including the

companies affected thereby, reasonable opportunity for

comment. Such rulemaking is subject to the provisions of the

Illinois Administrative Procedure Act.

(7) When a rule has been adopted, pursuant to this Section,

all policies of insurance or subscriber contracts which are not

in compliance with such rule shall, when so provided in such

rule, be deemed to be disapproved as of a date specified in

such rule not less than 120 days following its effective date,

without any further or additional notice other than the

adoption of the rule.

(8) When a rule adopted pursuant to this Section so

provides, a policy of insurance or subscriber contract which

does not comply with the rule shall, not less than 120 days

from the effective date of such rule, be construed, and the

insurer or service corporation shall be liable, as if the

policy or contract did comply with the rule.

(9) Violation of any rule adopted pursuant to this Section

shall be a violation of the insurance law for purposes of

Sections 370 and 446 of this the Insurance Code.

(Source: P.A. 98-1035, eff. 8-25-14; 99-329, eff. 1-1-16;

revised 9-9-16.)

(215 ILCS 5/1303) (from Ch. 73, par. 1065.1003)

Sec. 1303. Definitions. The following definitions shall

apply to this Article:

"Consolidation" means any transaction in which a financial

institution makes its premium collection services available to

its mortgage debtors in connection with a particular insurer's

("new insurer") offer of mortgage insurance, which offer is

made to debtors who, immediately prior to the offer, had

mortgage insurance with another insurer ("old insurer") and

were paying premiums for that insurance with their monthly

mortgage payments.

"Financial institution" or "servicer" means any entity or

organization that services mortgage loans by collecting and

accounting for monthly mortgage insurance premiums as part of

the debtor's monthly mortgage payment for one or more insurers.

"Insured" means the individual loan customer or

certificate holder.

"Loan transfer" means a transaction in which the servicing

of a block of mortgage loans is transferred from one servicer

to another servicer. This shall include, but not be limited,

to, mergers or acquisitions.

"Loan transfer consolidation" means a consolidation in

which coverage is limited to insureds whose mortgage loans have

been sold or transferred in the secondary market from one

servicer to another.

"Group-to-group consolidation" means a consolidation in

which coverages under both the old plan and the new plan is

provided under group policies.

"Mortgage insurance" means mortgage life insurance (term

or ordinary), mortgage disability insurance, mortgage

accidental death insurance, or any combination thereof,

including both individual and group policies, and any

certificates issued thereunder, on credit transactions of more

than 10 years duration and written in connection with a credit

transaction that is secured by a first mortgage or deed of

trust and made to finance the purchase of real property or the

construction of a dwelling thereon or to refinance a prior

credit transaction made for such a purpose.

"New coverage" or "new plan" means the mortgage insurance

coverage or plan for which a financial institution collects

premium beginning on the effective date of a consolidation.

"New insurer" means any insurer who offers mortgage

insurance coverage to borrowers of the financial institution

who can no longer remit monthly premiums for the old insurer

along with their monthly mortgage payment.

"Old coverage" or "old plan" means the mortgage insurance

coverage or plan for which a financial institution collects

premiums immediately prior to a consolidation.

"Old insurer" means any insurer for whom a financial

institution will no longer make its premium collection

facilities available for all or some of the insurer's

policyholders or certificate holders.

(Source: P.A. 86-378; revised 10-25-16.)

Section 420. The Reinsurance Intermediary Act is amended by

changing Section 10 as follows:

(215 ILCS 100/10) (from Ch. 73, par. 1610)

Sec. 10. Licensure.

(a) No person, firm, association, or corporation that

maintains an office, officer, director, agent, or employee,

directly or indirectly, in this State shall act as an

intermediary broker unless licensed as an insurance producer in

this State. No person, firm, association, or corporation that

does not maintain an office, officer, director, agent, or

employee in this State shall act as an intermediary broker in

this State unless licensed as an insurance producer in this

State, unless licensed as an insurance producer in another

state that has a law substantially similar to this law, or

unless licensed in this State as a nonresident reinsurance

intermediary.

(b) No person, firm, association, or corporation shall act

as an intermediary manager, except in compliance with this

subsection, as follows:

(1) For a reinsurer domiciled in this State, unless the

intermediary manager is a licensed producer in this State.

(2) In this State, if the intermediary manager

maintains an office, either directly or as a member or

employee of a firm or association, or an officer, director,

or employee of a corporation, in this State, unless the

intermediary manager is a licensed producer in this State.

(3) In another state for a nondomestic insurer, unless

the intermediary manager is a licensed producer in this

State or another state having a law substantially similar

to this law or the person is licensed in this State as a

nonresident reinsurance intermediary.

(c) The Director may require an intermediary manager

subject to subsection (b) to:

(1) file a bond in an amount and from an insurer

acceptable to the Director for the protection of the

reinsurer; and

(2) maintain an errors and omissions policy in an

amount acceptable to the Director.

(d) The Director may issue a reinsurance intermediary

license to any person, firm, association, or corporation that

has complied compiled with the requirements of this Act. Any

license issued to a firm or association will authorize all the

members of the firm or association and any designated employees

to act as reinsurance intermediaries under the license. All of

those persons shall be named in the application and any

supplements thereto. Any license issued to a corporation shall

authorize all of the officers and any designated employees and

directors thereof to act as reinsurance intermediaries on

behalf of the corporation, and all of those persons shall be

named in the application and any supplements thereto.

If the applicant for a reinsurance intermediary license is

a nonresident, the applicant, as a condition precedent to

receiving or holding a license, shall designate the Director as

agent for service of process in the manner, and with the same

legal effect, provided in the Illinois Insurance Code for

designation of service of process upon unauthorized insurers.

The applicant shall also furnish the Director with the name and

address of a resident of this State upon whom notices or orders

of the Director or process affecting the nonresident

reinsurance intermediary may be served. The licensee shall

promptly notify the Director in writing of every change in its

designated agent for service of process. The change shall not

become effective until acknowledged by the Director.

(e) The Director may refuse to issue a reinsurance

intermediary license if, in his judgment, the applicant, any

one named on the application or any member, principal, officer,

or director of the applicant is not trustworthy; or that any

controlling person of the applicant is not trustworthy to act

as a reinsurance intermediary; or any of the foregoing has

given cause for revocation or suspension of that kind of

license or has failed to comply with any prerequisite for the

issuance of the license. Upon written request therefor, the

Director will furnish a summary of the basis for refusal to

issue a license, which document shall be privileged and not

subject to the Freedom of Information Act.

(f) Licensed attorneys at law of this State, when acting in

their professional capacity as an attorney, shall be exempt

from this Section.

(g) All licenses issued under this Act shall terminate 24

months following the date of issuance and may be renewed by

providing to the Director satisfactory evidence that the

reinsurance intermediary continues to meet the requirements of

this Section and upon payment of the fees specified in Section

408 of the Illinois Insurance Code.

(Source: P.A. 89-97, eff. 7-7-95; revised 9-1-16.)

Section 425. The Comprehensive Health Insurance Plan Act is

amended by changing Sections 4, 5, and 15 as follows:

(215 ILCS 105/4) (from Ch. 73, par. 1304)

Sec. 4. Powers and authority of the board. The board shall

have the general powers and authority granted under the laws of

this State to insurance companies licensed to transact health

and accident insurance and in addition thereto, the specific

authority to:

a. Enter into contracts as are necessary or proper to

carry out the provisions and purposes of this Act,

including the authority, with the approval of the Director,

to enter into contracts with similar plans of other states

for the joint performance of common administrative

functions, or with persons or other organizations for the

performance of administrative functions including, without

limitation, utilization review and quality assurance

programs, or with health maintenance organizations or

preferred provider organizations for the provision of

health care services.

b. Sue or be sued, including taking any legal actions

necessary or proper.

c. Take such legal action as necessary to:

(1) avoid the payment of improper claims against

the plan or the coverage provided by or through the

plan;

(2) to recover any amounts erroneously or

improperly paid by the plan;

(3) to recover any amounts paid by the plan as a

result of a mistake of fact or law; or

(4) to recover or collect any other amounts,

including assessments, that are due or owed the Plan or

have been billed on its or the Plan's behalf.

d. Establish appropriate rates, rate schedules, rate

adjustments, expense allowances, agents' referral fees,

claim reserves, and formulas and any other actuarial

function appropriate to the operation of the plan. Rates

and rate schedules may be adjusted for appropriate risk

factors such as age and area variation in claim costs and

shall take into consideration appropriate risk factors in

accordance with established actuarial and underwriting

practices.

e. Issue policies of insurance in accordance with the

requirements of this Act.

f. Appoint appropriate legal, actuarial and other

committees as necessary to provide technical assistance in

the operation of the plan, policy and other contract

design, and any other function within the authority of the

plan.

g. Borrow money to effect the purposes of the Illinois

Comprehensive Health Insurance Plan. Any notes or other

evidence of indebtedness of the plan not in default shall

be legal investments for insurers and may be carried as

admitted assets.

h. Establish rules, conditions and procedures for

reinsuring risks under this Act.

i. Employ and fix the compensation of employees. Such

employees may be paid on a warrant issued by the State

Treasurer pursuant to a payroll voucher certified by the

Board and drawn by the Comptroller against appropriations

or trust funds held by the State Treasurer.

j. Enter into intergovernmental cooperation agreements

with other agencies or entities of State government for the

purpose of sharing the cost of providing health care

services that are otherwise authorized by this Act for

children who are both plan participants and eligible for

financial assistance from the Division of Specialized Care

for Children of the University of Illinois.

k. Establish conditions and procedures under which the

plan may, if funds permit, discount or subsidize premium

rates that are paid directly by senior citizens, as defined

by the Board, and other plan participants, who are retired

or unemployed and meet other qualifications.

l. Establish and maintain the Plan Fund authorized in

Section 3 of this Act, which shall be divided into separate

accounts, as follows:

(1) accounts to fund the administrative, claim,

and other expenses of the Plan associated with eligible

persons who qualify for Plan coverage under Section 7

of this Act, which shall consist of:

(A) premiums paid on behalf of covered

persons;

(B) appropriated funds and other revenues

collected or received by the Board;

(C) reserves for future losses maintained by

the Board; and

(D) interest earnings from investment of the

funds in the Plan Fund or any of its accounts other

than the funds in the account established under

item (2) 2 of this subsection;

(2) an account, to be denominated the federally

eligible individuals account, to fund the

administrative, claim, and other expenses of the Plan

associated with federally eligible individuals who

qualify for Plan coverage under Section 15 of this Act,

which shall consist of:

(A) premiums paid on behalf of covered

persons;

(B) assessments and other revenues collected

or received by the Board;

(C) reserves for future losses maintained by

the Board; and

(D) interest earnings from investment of the

federally eligible individuals account funds; and

(E) grants provided pursuant to the federal

Trade Act of 2002; and

(3) such other accounts as may be appropriate.

m. Charge and collect assessments paid by insurers

pursuant to Section 12 of this Act and recover any

assessments for, on behalf of, or against those insurers.

(Source: P.A. 93-33, eff. 6-23-03; 93-34, eff. 6-23-03; revised

9-1-16.)

(215 ILCS 105/5) (from Ch. 73, par. 1305)

Sec. 5. Plan administrator.

a. The Board shall select a Plan administrator through a

competitive bidding process to administer the Plan. The Board

shall evaluate bids submitted under this Section based on

criteria established by the Board which shall include:

(1) The Plan administrator's proven ability to handle

other large group accident and health benefit plans.

(2) The efficiency and timeliness of the Plan

administrator's claim processing procedures.

(3) An estimate of total net cost for administering the

Plan, including any discounts or income the Plan could

expect to receive or benefit from.

(4) The Plan administrator's ability to apply

effective cost containment programs and procedures and to

administer the Plan in a cost-efficient manner.

(5) The financial condition and stability of the Plan

administrator.

b. The Plan administrator shall serve for a period of 5

years subject to removal for cause and subject to the terms,

conditions and limitations of the contract between the Board

and the Plan administrator. At least one year prior to the

expiration of each 5-year 5 year period of service by the

current Plan administrator, the Board shall begin to advertise

for bids to serve as the Plan administrator for the succeeding

5-year 5 year period. Selection of the Plan administrator for

the succeeding period shall be made at least 6 months prior to

the end of the current 5-year 5 year period. Notwithstanding

any other provision of this subsection, the Board at its option

may extend the term of a Plan administrator contract for a

period not to exceed 3 years.

c. The Plan administrator shall perform such functions

relating to the Plan as may be assigned to it including:

(1) establishment of a premium billing procedure for

collection of premiums from Plan participants. Billings

shall be made on a periodic basis as determined by the

Board;

(2) payment and processing of claims and various cost

containment functions; and

(3) other functions to assure timely payment of

benefits to participants under the Plan, including:

(a) making available information relating to the

proper manner of submitting a claim for benefits under

the Plan and distributing forms upon which submissions

shall be made, and

(b) evaluating the eligibility of each claim for

payment under the Plan.

The Plan administrator shall be governed by the

requirements of Part 919 of Title 50 of the Illinois

Administrative Code, promulgated by the Department of

Insurance, regarding the handling of claims under this Act.

d. The Plan administrator shall submit regular reports to

the Board regarding the operation of the Plan. The frequency,

content and form of the report shall be as determined by the

Board.

e. The Plan administrator shall pay or be reimbursed for

claims expenses from the premium payments received from or on

behalf of Plan participants. If the Plan administrator's

payments or reimbursements for claims expenses exceed the

portion of premiums allocated by the Board for payment of

claims expenses, the Board shall provide additional funds to

the Plan administrator for payment or reimbursement of such

claims expenses.

f. The Plan administrator shall be paid as provided in the

contract between the Board and the Plan administrator.

(Source: P.A. 97-11, eff. 6-14-11; revised 9-2-16.)

(215 ILCS 105/15)

Sec. 15. Alternative portable coverage for federally

eligible individuals.

(a) Notwithstanding the requirements of subsection a a. of

Section 7 and except as otherwise provided in this Section, any

federally eligible individual for whom a Plan application, and

such enclosures and supporting documentation as the Board may

require, is received by the Board within 90 days after the

termination of prior creditable coverage shall qualify to

enroll in the Plan under the portability provisions of this

Section.

A federally eligible person who has been certified as

eligible pursuant to the federal Trade Act of 2002 and whose

Plan application and enclosures and supporting documentation

as the Board may require is received by the Board within 63

days after the termination of previous creditable coverage

shall qualify to enroll in the Plan under the portability

provisions of this Section.

(b) Any federally eligible individual seeking Plan

coverage under this Section must submit with his or her

application evidence, including acceptable written

certification of previous creditable coverage, that will

establish to the Board's satisfaction, that he or she meets all

of the requirements to be a federally eligible individual and

is currently and permanently residing in this State (as of the

date his or her application was received by the Board).

(c) Except as otherwise provided in this Section, a period

of creditable coverage shall not be counted, with respect to

qualifying an applicant for Plan coverage as a federally

eligible individual under this Section, if after such period

and before the application for Plan coverage was received by

the Board, there was at least a 90-day 90 day period during all

of which the individual was not covered under any creditable

coverage.

For a federally eligible person who has been certified as

eligible pursuant to the federal Trade Act of 2002, a period of

creditable coverage shall not be counted, with respect to

qualifying an applicant for Plan coverage as a federally

eligible individual under this Section, if after such period

and before the application for Plan coverage was received by

the Board, there was at least a 63-day 63 day period during all

of which the individual was not covered under any creditable

coverage.

(d) Any federally eligible individual who the Board

determines qualifies for Plan coverage under this Section shall

be offered his or her choice of enrolling in one of alternative

portability health benefit plans which the Board is authorized

under this Section to establish for these federally eligible

individuals and their dependents.

(e) The Board shall offer a choice of health care coverages

consistent with major medical coverage under the alternative

health benefit plans authorized by this Section to every

federally eligible individual. The coverages to be offered

under the plans, the schedule of benefits, deductibles,

co-payments, exclusions, and other limitations shall be

approved by the Board. One optional form of coverage shall be

comparable to comprehensive health insurance coverage offered

in the individual market in this State or a standard option of

coverage available under the group or individual health

insurance laws of the State. The standard benefit plan that is

authorized by Section 8 of this Act may be used for this

purpose. The Board may also offer a preferred provider option

and such other options as the Board determines may be

appropriate for these federally eligible individuals who

qualify for Plan coverage pursuant to this Section.

(f) Notwithstanding the requirements of subsection f f. of

Section 8, any Plan coverage that is issued to federally

eligible individuals who qualify for the Plan pursuant to the

portability provisions of this Section shall not be subject to

any preexisting conditions exclusion, waiting period, or other

similar limitation on coverage.

(g) Federally eligible individuals who qualify and enroll

in the Plan pursuant to this Section shall be required to pay

such premium rates as the Board shall establish and approve in

accordance with the requirements of Section 7.1 of this Act.

(h) A federally eligible individual who qualifies and

enrolls in the Plan pursuant to this Section must satisfy on an

ongoing basis all of the other eligibility requirements of this

Act to the extent not inconsistent with the federal Health

Insurance Portability and Accountability Act of 1996 in order

to maintain continued eligibility for coverage under the Plan.

(Source: P.A. 97-333, eff. 8-12-11; revised 9-2-16.)

Section 430. The Farm Mutual Insurance Company Act of 1986

is amended by changing Section 12 as follows:

(215 ILCS 120/12) (from Ch. 73, par. 1262)

Sec. 12. Investments. Without the prior approval of the

Director, the funds of any company operating under or regulated

by the provisions of this Act, shall be invested only in the

following:

(1) Direct obligations of the United States of America,

or obligations of agencies or instrumentalities of the

United States to the extent guaranteed or insured as to the

payment of principal and interest by the United States of

America;

(2) Bonds which are direct, general obligations of the

State of Illinois or any other state, subject to a maximum

of 30% of admitted assets in states other than Illinois in

the aggregate;

(3) Bonds which are direct, general obligations of

political subdivisions of the State of Illinois or any

other state, subject to the following conditions:

(a) Maximum of 5% of admitted assets in any one

political subdivision;

(b) Maximum of 30% of admitted assets in all

political subdivisions in the aggregate;

(c) Rating of A3 or higher by Moody's Investors

Service, Inc. or A- or higher by Standard & Poor's

Corporation;

(4) Bonds, notes, debentures, or other similar

obligations of the United States of America, its agencies,

and its instrumentalities, subject to a maximum investment

of 10% of admitted assets in any one issuer;

(5) Bonds that are obligations of corporations

organized by the United States of America, subject to the

following conditions:

(a) Maximum of 5% of admitted assets in any one

issuer;

(b) Maximum of 15% of admitted assets in the

aggregate;

(c) Rating of A3 or higher by Moody's Investors

Service, Inc. or A- or higher by Standard & Poor's

Corporation;

(d) Maximum maturity of no longer than that 10

years;

(6) Mutual funds, unit investment trusts, and exchange

traded funds, subject to the following conditions:

(a) Maximum of 6% of policyholders' surplus in any

one balanced or growth mutual fund that invests in

common stock;

(b) Maximum of 5% of admitted assets in any one

bond or income mutual fund or any one non-governmental

money market mutual fund;

(c) Maximum of 10% of admitted assets in any one

governmental money market mutual fund;

(d) Maximum of 25% of admitted assets in all mutual

funds in the aggregate;

(7) Common stock and preferred stock subject to the

following conditions:

(a) Common stock and preferred stock shall be

traded on the New York Stock Exchange or the American

Stock Exchange or listed on the National Association of

Securities Dealers Automated Quotation (NASDAQ)

system;

(b) Maximum of 3% of policyholders' surplus in

excess of $400,000 in any one common stock or preferred

stock issuer provided that the net unearned premium

reserve does not exceed policyholders' surplus;

(8) Investments authorized under subdivision (a) of

item (6) and subdivision (a) of item (7) of this Section

shall not in the aggregate exceed 15% of policyholders'

surplus;

(9) Funds on deposit in solvent banks and savings and

loan associations which are insured by the Federal Deposit

Insurance Corporation; however, the uninsured portion of

funds held in any one such bank or association shall not

exceed 5% of the company's policyholders' surplus;

(10) Real estate for home office building purposes,

provided that such investments are approved by the Director

of Insurance on the basis of a showing by the company that

the company has adequate assets available for such

investment and that the proposed acquisition does not

exceed the reasonable normal value of such property;

(11) Amounts in excess of the investment limitations

contained in items (2) through (9) may be allowed, subject

to the following conditions:

(a) Maximum additional investment of 3% of

admitted assets in any one issuer;

(b) Maximum additional investment of 6% of

admitted assets in the aggregate.

An investment that qualified under this Section at the time

it was acquired by the company shall continue to qualify under

this Section.

Investments permitted under this Section shall be

registered in the name of the company and under its direct

control or shall be held in a custodial account with a bank or

trust company that is qualified to administer trusts in

Illinois under the Corporate Fiduciary Act and that has an

office in Illinois. However, securities may be held in street

form and in the custody of a licensed dealer for a period not

to exceed 30 days.

Notwithstanding the provisions of this Act, the Director

may, after notice and hearing, order a company to limit or

withdraw from certain investments or discontinue certain

investments or investment practices to the extent the Director

finds those investments or investment practices endanger the

solvency of the company.

(Source: P.A. 98-823, eff. 1-1-15; revised 9-2-16.)

Section 435. The Health Maintenance Organization Act is

amended by changing Section 4-10 as follows:

(215 ILCS 125/4-10) (from Ch. 111 1/2, par. 1409.3)

Sec. 4-10. Medical necessity; dispute resolution;

independent second opinion. (a) Medical Necessity - Dispute

Resolution-Independent Second Opinion. Each Health Maintenance

Organization shall provide a mechanism for the timely review by

a physician holding the same class of license as the primary

care physician, who is unaffiliated with the Health Maintenance

Organization, jointly selected by the patient (or the patient's

next of kin or legal representative if the patient is unable to

act for himself), primary care physician and the Health

Maintenance Organization in the event of a dispute between the

primary care physician and the Health Maintenance Organization

regarding the medical necessity of a covered service proposed

by a primary care physician. In the event that the reviewing

physician determines the covered service to be medically

necessary, the Health Maintenance Organization shall provide

the covered service. Future contractual or employment action by

the Health Maintenance Organization regarding the primary care

physician shall not be based solely on the physician's

participation in this procedure.

(Source: P.A. 85-20; 85-850; revised 10-5-16.)

Section 440. The Limited Health Service Organization Act is

amended by changing Sections 4003 and 4006 as follows:

(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)

Sec. 4003. Illinois Insurance Code provisions. Limited

health service organizations shall be subject to the provisions

of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,

143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,

154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,

356z.10, 356z.21, 356z.22, 368a, 401, 401.1, 402, 403, 403A,

408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII

1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the

Illinois Insurance Code. For purposes of the Illinois Insurance

Code, except for Sections 444 and 444.1 and Articles XIII and

XIII 1/2, limited health service organizations in the following

categories are deemed to be domestic companies:

(1) a corporation under the laws of this State; or

(2) a corporation organized under the laws of another

state, 30% or of more of the enrollees of which are

residents of this State, except a corporation subject to

substantially the same requirements in its state of

organization as is a domestic company under Article VIII

1/2 of the Illinois Insurance Code.

(Source: P.A. 97-486, eff. 1-1-12; 97-592, 1-1-12; 97-805, eff.

1-1-13; 97-813, eff. 7-13-12; 98-189, eff. 1-1-14; 98-1091,

eff. 1-1-15; revised 10-5-16.)

(215 ILCS 130/4006) (from Ch. 73, par. 1504-6)

Sec. 4006. Supervision of rehabilitation, liquidation or

conservation by the Director.

(a) For purposes of the rehabilitation, liquidation or

conservation of a limited health service organization, the

operation of a limited health service organization in this

State constitutes a form of insurance protection which should

be governed by the same provisions governing the

rehabilitation, liquidation or conservation of insurance

companies. Any rehabilitation, liquidation or conservation of

a limited health service organization shall be based upon the

grounds set forth in and subject to the provisions of the laws

of this State regarding the rehabilitation, liquidation or

conservation of an insurance company and shall be conducted

under the supervision of the Director. Insolvency, as a ground

for rehabilitation, liquidation or conservation of a limited

health service organization, shall be recognized when a limited

health service organization cannot be expected to satisfy its

financial obligations when such obligations are to become due

or when the limited health service organization has neglected

to correct, within the time prescribed by subsection (c) of

Section 2004, a deficiency occurring due to such organization's

prescribed minimum net worth being impaired. For purpose of

determining the priority of distribution of general assets,

claims of enrollees and enrollees' beneficiaries shall have the

same priority as established by Section 205 of the Illinois

Insurance Code, for policyholders and beneficiaries of

insureds of insurance companies. If an enrollee is liable to

any provider for services provided pursuant to and covered by

the limited health care plan, that liability shall have the

status of an enrollee claim for distribution of general assets.

Any provider who is obligated by statute or agreement to

hold enrollees harmless from liability for services provided

pursuant to and covered by a limited health care plan shall

have a priority of distribution of the general assets

immediately following that of enrollees and enrollees'

beneficiaries as described herein, and immediately preceding

the priority of distribution described in paragraph (e) of

subsection (1) of Section 205 of the Illinois Insurance Code.

(b) For purposes of Articles XIII and XIII 1/2 of the

Illinois Insurance Code, organizations in the following

categories shall be deemed to be a domestic company and a

domiciliary company:

(1) a corporation organized under the laws of this

State; or

(2) a corporation organized under the laws of another

state, 20% or more of the enrollees of which are residents

of this State, except where such a corporation is, in its

state of incorporation, subject to rehabilitation,

liquidation and conservation under the laws relating to

insurance companies.

(Source: P.A. 89-206, eff. 7-21-95; revised 10-5-16.)

Section 445. The Viatical Settlements Act of 2009 is

amended by changing Section 15 as follows:

(215 ILCS 159/15)

Sec. 15. License revocation for viatical settlement

providers.

(a) The Director may refuse to issue or renew or may

suspend or revoke the license of any viatical settlement

provider if the Director finds any of the following:

(1) there was any material misrepresentation in the

application for the license;

(2) the viatical settlement provider or any officer,

partner, member, or controlling person uses fraudulent or

dishonest practices or is otherwise shown to be

untrustworthy, incompetent, or financially irresponsible

in this State or elsewhere;

(3) the viatical settlement provider demonstrates a

pattern of unreasonable payments to viators;

(4) the viatical settlement provider or any officer,

partner, member, or controlling person has violated any

insurance laws or any rule, subpoena, or order of the

Director or of another state's chief insurance regulatory

official or is subject to a final administrative action

brought by the Director or by the Illinois Secretary of

State or by another state's chief insurance regulatory

official or chief securities regulatory official;

(5) the viatical settlement provider has used a

viatical settlement contract that has not been approved

pursuant to this Act;

(6) the viatical settlement provider has failed to

honor contractual obligations set out in a viatical

settlement contract;

(7) the viatical settlement provider no longer meets

the requirements for initial licensure;

(8) the viatical settlement provider has assigned,

transferred, or pledged a purchased policy to a person

other than a viatical settlement provider licensed in this

State, a viatical settlement purchaser, a financing

entity, a special purpose entity, or a related provider

trust; or

(9) the viatical settlement provider or any officer,

partner, member, or controlling person of the viatical

settlement provider has violated any of the provisions of

this Act.

(b) If the Director denies a viatical settlement provider

license application or suspends, revokes, or refuses to renew

the license of a viatical settlement provider, the Director

shall notify the applicant or viatical settlement provider and

advise, in writing, the applicant or viatical settlement

provider of the reason for the suspension, revocation, denial,

or nonrenewal of the applicant's or licensee's license. The

applicant or viatical settlement provider may make a written

demand upon the Director within 30 days after the date of

mailing for a hearing before the Director to determine the

reasonableness of the Director's action. The hearing must be

held within not fewer than 20 days nor more than 30 days after

the mailing of the notice of hearing and shall be held in

accordance with the Illinois Administrative Procedure Act and

50 Ill. Adm. Code 2402 Section 2402 of Chapter 50 of the

Illinois Administrative Code.

(Source: P.A. 96-736, eff. 7-1-10; revised 9-13-16.)

Section 450. The Public Utilities Act is amended by

changing Section 13-703 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 hearing care professional, as defined in the

Hearing Instrument Consumer Protection Act, a speech-language

pathologist, 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), 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 this 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; 99-642,

eff. 7-28-16; 99-847, eff. 8-19-16; revised 10-25-16.)

Section 455. The Child Care Act of 1969 is amended by

changing Sections 2.09, 7, and 14.6 as follows:

(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)

Sec. 2.09. "Day care center" means any child care facility

which regularly provides day care for less than 24 hours per

day for (1) more than 8 children in a family home, or (2) more

than 3 children in a facility other than a family home,

including senior citizen buildings.

The term does not include:

(a) programs operated by (i) public or private

elementary school systems or secondary level school units

or institutions of higher learning that serve children who

shall have attained the age of 3 years or (ii) private

entities on the grounds of public or private elementary or

secondary schools and that serve children who have attained

the age of 3 years, except that this exception applies only

to the facility and not to the private entities' personnel

operating the program;

(b) programs or that portion of the program which

serves children who shall have attained the age of 3 years

and which are recognized by the State Board of Education;

(c) educational program or programs serving children

who shall have attained the age of 3 years and which are

operated by a school which is registered with the State

Board of Education and which is recognized or accredited by

a recognized national or multistate educational

organization or association which regularly recognizes or

accredits schools;

(d) programs which exclusively serve or that portion of

the program which serves children with disabilities who

shall have attained the age of 3 years but are less than 21

years of age and which are registered and approved as

meeting standards of the State Board of Education and

applicable fire marshal standards;

(e) facilities operated in connection with a shopping

center or service, religious services, or other similar

facility, where transient children are cared for

temporarily while parents or custodians of the children are

occupied on the premises and readily available;

(f) any type of day care center that is conducted on

federal government premises;

(g) special activities programs, including athletics,

crafts instruction, and similar activities conducted on an

organized and periodic basis by civic, charitable and

governmental organizations;

(h) part day child care facilities, as defined in

Section 2.10 of this Act;

(i) programs or that portion of the program which:

(1) serves children who shall have attained the age

of 3 years; ,

(2) is operated by churches or religious

institutions as described in Section 501(c)(3) of the

federal Internal Revenue Code; ,

(3) receives no governmental aid; ,

(4) is operated as a component of a religious,

nonprofit elementary school; ,

(5) operates primarily to provide religious

education; , and

(6) meets appropriate State or local health and

fire safety standards; or

(j) programs or portions of programs that:

(1) serve only school-age children and youth

(defined as full-time kindergarten children, as

defined in 89 Ill. Adm. Code 407.45, or older); ,

(2) are organized to promote childhood learning,

child and youth development, educational or

recreational activities, or character-building; ,

(3) operate primarily during out-of-school time or

at times when school is not normally in session; ,

(4) comply with the standards of the Illinois

Department of Public Health (77 Ill. Adm. Code 750) or

the local health department, the Illinois State Fire

Marshal (41 Ill. Adm. Code 100), and the following

additional health and safety requirements: procedures

for employee and volunteer emergency preparedness and

practice drills; procedures to ensure that first aid

kits are maintained and ready to use; the placement of

a minimum level of liability insurance as determined by

the Department; procedures for the availability of a

working telephone that is onsite and accessible at all

times; procedures to ensure that emergency phone

numbers are posted onsite; and a restriction on handgun

or weapon possession onsite, except if possessed by a

peace officer; ,

(5) perform and maintain authorization and results

of criminal history checks through the Illinois State

Police and FBI and checks of the Illinois Sex Offender

Registry, the National Sex Offender Registry, and

Child Abuse and Neglect Tracking System for employees

and volunteers who work directly with children; ,

(6) make hiring decisions in accordance with the

prohibitions against barrier crimes as specified in

Section 4.2 of this Act or in Section 21B-80 of the

School Code; ,

(7) provide parents with written disclosure that

the operations of the program are not regulated by

licensing requirements; , and

(8) obtain and maintain records showing the first

and last name and date of birth of the child, name,

address, and telephone number of each parent,

emergency contact information, and written

authorization for medical care.

Programs or portions of programs requesting Child Care

Assistance Program (CCAP) funding and otherwise meeting the

requirements under item (j) shall request exemption from the

Department and be determined exempt prior to receiving funding

and must annually meet the eligibility requirements and be

appropriate for payment under the CCAP.

Programs or portions of programs under item (j) that do not

receive State or federal funds must comply with staff

qualification and training standards established by rule by the

Department of Human Services. The Department of Human Services

shall set such standards after review of Afterschool for

Children and Teens Now (ACT Now) evidence-based quality

standards developed for school-age out-of-school time

programs, feedback from the school-age out-of-school time

program professionals, and review of out-of-school time

professional development frameworks and quality tools.

Out-of-school time programs for school-age youth that

receive State or federal funds must comply with only those

staff qualifications and training standards set for the program

by the State or federal entity issuing the funds.

For purposes of items (a), (b), (c), (d), and (i) of this

Section, "children who shall have attained the age of 3 years"

shall mean children who are 3 years of age, but less than 4

years of age, at the time of enrollment in the program.

(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;

revised 10-27-16.)

(225 ILCS 10/7) (from Ch. 23, par. 2217)

Sec. 7. (a) The Department must prescribe and publish

minimum standards for licensing that apply to the various types

of facilities for child care defined in this Act and that are

equally applicable to like institutions under the control of

the Department and to foster family homes used by and under the

direct supervision of the Department. The Department shall seek

the advice and assistance of persons representative of the

various types of child care facilities in establishing such

standards. The standards prescribed and published under this

Act take effect as provided in the Illinois Administrative

Procedure Act, and are restricted to regulations pertaining to

the following matters and to any rules and regulations required

or permitted by any other Section of this Act:

(1) The operation and conduct of the facility and

responsibility it assumes for child care;

(2) The character, suitability and qualifications of

the applicant and other persons directly responsible for

the care and welfare of children served. All child day care

center licensees and employees who are required to report

child abuse or neglect under the Abused and Neglected Child

Reporting Act shall be required to attend training on

recognizing child abuse and neglect, as prescribed by

Department rules;

(3) The general financial ability and competence of the

applicant to provide necessary care for children and to

maintain prescribed standards;

(4) The number of individuals or staff required to

insure adequate supervision and care of the children

received. The standards shall provide that each child care

institution, maternity center, day care center, group

home, day care home, and group day care home shall have on

its premises during its hours of operation at least one

staff member certified in first aid, in the Heimlich

maneuver and in cardiopulmonary resuscitation by the

American Red Cross or other organization approved by rule

of the Department. Child welfare agencies shall not be

subject to such a staffing requirement. The Department may

offer, or arrange for the offering, on a periodic basis in

each community in this State in cooperation with the

American Red Cross, the American Heart Association or other

appropriate organization, voluntary programs to train

operators of foster family homes and day care homes in

first aid and cardiopulmonary resuscitation;

(5) The appropriateness, safety, cleanliness, and

general adequacy of the premises, including maintenance of

adequate fire prevention and health standards conforming

to State laws and municipal codes to provide for the

physical comfort, care, and well-being of children

received;

(6) Provisions for food, clothing, educational

opportunities, program, equipment and individual supplies

to assure the healthy physical, mental, and spiritual

development of children served;

(7) Provisions to safeguard the legal rights of

children served;

(8) Maintenance of records pertaining to the

admission, progress, health, and discharge of children,

including, for day care centers and day care homes, records

indicating each child has been immunized as required by

State regulations. The Department shall require proof that

children enrolled in a facility have been immunized against

Haemophilus Influenzae B (HIB);

(9) Filing of reports with the Department;

(10) Discipline of children;

(11) Protection and fostering of the particular

religious faith of the children served;

(12) Provisions prohibiting firearms on day care

center premises except in the possession of peace officers;

(13) Provisions prohibiting handguns on day care home

premises except in the possession of peace officers or

other adults who must possess a handgun as a condition of

employment and who reside on the premises of a day care

home;

(14) Provisions requiring that any firearm permitted

on day care home premises, except handguns in the

possession of peace officers, shall be kept in a

disassembled state, without ammunition, in locked storage,

inaccessible to children and that ammunition permitted on

day care home premises shall be kept in locked storage

separate from that of disassembled firearms, inaccessible

to children;

(15) Provisions requiring notification of parents or

guardians enrolling children at a day care home of the

presence in the day care home of any firearms and

ammunition and of the arrangements for the separate, locked

storage of such firearms and ammunition; and

(16) Provisions requiring all licensed child care

facility employees who care for newborns and infants to

complete training every 3 years on the nature of sudden

unexpected infant death (SUID), sudden infant death

syndrome (SIDS), and the safe sleep recommendations of the

American Academy of Pediatrics; and .

(17) With respect to foster family homes, provisions

requiring the Department to review quality of care concerns

and to consider those concerns in determining whether a

foster family home is qualified to care for children.

(b) If, in a facility for general child care, there are

children diagnosed as mentally ill or children diagnosed as

having an intellectual or physical disability, who are

determined to be in need of special mental treatment or of

nursing care, or both mental treatment and nursing care, the

Department shall seek the advice and recommendation of the

Department of Human Services, the Department of Public Health,

or both Departments regarding the residential treatment and

nursing care provided by the institution.

(c) The Department shall investigate any person applying to

be licensed as a foster parent to determine whether there is

any evidence of current drug or alcohol abuse in the

prospective foster family. The Department shall not license a

person as a foster parent if drug or alcohol abuse has been

identified in the foster family or if a reasonable suspicion of

such abuse exists, except that the Department may grant a

foster parent license to an applicant identified with an

alcohol or drug problem if the applicant has successfully

participated in an alcohol or drug treatment program, self-help

group, or other suitable activities and if the Department

determines that the foster family home can provide a safe,

appropriate environment and meet the physical and emotional

needs of children.

(d) The Department, in applying standards prescribed and

published, as herein provided, shall offer consultation

through employed staff or other qualified persons to assist

applicants and licensees in meeting and maintaining minimum

requirements for a license and to help them otherwise to

achieve programs of excellence related to the care of children

served. Such consultation shall include providing information

concerning education and training in early childhood

development to providers of day care home services. The

Department may provide or arrange for such education and

training for those providers who request such assistance.

(e) The Department shall distribute copies of licensing

standards to all licensees and applicants for a license. Each

licensee or holder of a permit shall distribute copies of the

appropriate licensing standards and any other information

required by the Department to child care facilities under its

supervision. Each licensee or holder of a permit shall maintain

appropriate documentation of the distribution of the

standards. Such documentation shall be part of the records of

the facility and subject to inspection by authorized

representatives of the Department.

(f) The Department shall prepare summaries of day care

licensing standards. Each licensee or holder of a permit for a

day care facility shall distribute a copy of the appropriate

summary and any other information required by the Department,

to the legal guardian of each child cared for in that facility

at the time when the child is enrolled or initially placed in

the facility. The licensee or holder of a permit for a day care

facility shall secure appropriate documentation of the

distribution of the summary and brochure. Such documentation

shall be a part of the records of the facility and subject to

inspection by an authorized representative of the Department.

(g) The Department shall distribute to each licensee and

holder of a permit copies of the licensing or permit standards

applicable to such person's facility. Each licensee or holder

of a permit shall make available by posting at all times in a

common or otherwise accessible area a complete and current set

of licensing standards in order that all employees of the

facility may have unrestricted access to such standards. All

employees of the facility shall have reviewed the standards and

any subsequent changes. Each licensee or holder of a permit

shall maintain appropriate documentation of the current review

of licensing standards by all employees. Such records shall be

part of the records of the facility and subject to inspection

by authorized representatives of the Department.

(h) Any standards involving physical examinations,

immunization, or medical treatment shall include appropriate

exemptions for children whose parents object thereto on the

grounds that they conflict with the tenets and practices of a

recognized church or religious organization, of which the

parent is an adherent or member, and for children who should

not be subjected to immunization for clinical reasons.

(i) The Department, in cooperation with the Department of

Public Health, shall work to increase immunization awareness

and participation among parents of children enrolled in day

care centers and day care homes by publishing on the

Department's website information about the benefits of

immunization against vaccine preventable diseases, including

influenza and pertussis. The information for vaccine

preventable diseases shall include the incidence and severity

of the diseases, the availability of vaccines, and the

importance of immunizing children and persons who frequently

have close contact with children. The website content shall be

reviewed annually in collaboration with the Department of

Public Health to reflect the most current recommendations of

the Advisory Committee on Immunization Practices (ACIP). The

Department shall work with day care centers and day care homes

licensed under this Act to ensure that the information is

annually distributed to parents in August or September.

(j) Any standard adopted by the Department that requires an

applicant for a license to operate a day care home to include a

copy of a high school diploma or equivalent certificate with

his or her application shall be deemed to be satisfied if the

applicant includes a copy of a high school diploma or

equivalent certificate or a copy of a degree from an accredited

institution of higher education or vocational institution or

equivalent certificate.

(Source: P.A. 98-817, eff. 1-1-15; 99-143, eff. 7-27-15;

99-779, eff. 1-1-17; revised 10-27-16.)

(225 ILCS 10/14.6)

Sec. 14.6. Agency payment of salaries or other

compensation.

(a) A licensed child welfare agency may pay salaries or

other compensation to its officers, employees, agents,

contractors, or any other persons acting on its behalf for

providing adoption services, provided that all of the following

limitations apply:

(1) The fees, wages, salaries, or other compensation of

any description paid to the officers, employees,

contractors, or any other person acting on behalf of a

child welfare agency providing adoption services shall not

be unreasonably high in relation to the services actually

rendered. Every form of compensation shall be taken into

account in determining whether fees, wages, salaries, or

compensation are unreasonably high, including, but not

limited to, salary, bonuses, deferred and non-cash

compensation, retirement funds, medical and liability

insurance, loans, and other benefits such as the use,

purchase, or lease of vehicles, expense accounts, and food,

housing, and clothing allowances.

(2) Any earnings, if applicable, or compensation paid

to the child welfare agency's directors, stockholders, or

members of its governing body shall not be unreasonably

high in relation to the services rendered.

(3) Persons providing adoption services for a child

welfare agency may be compensated only for services

actually rendered and only on a fee-for-service, hourly

wage, or salary basis.

(b) The Department may adopt rules setting forth the

criteria to determine what constitutes unreasonably high fees

and compensation as those terms are used in this Section. In

determining the reasonableness of fees, wages, salaries, and

compensation under paragraphs (1) and (2) of subsection (a) of

this Section, the Department shall take into account the

location, number, and qualifications of staff, workload

requirements, budget, and size of the agency or person and

available norms for compensation within the adoption

community. Every licensed child welfare agency providing

adoption services shall provide the Department and the Attorney

General with a report, on an annual basis, providing a

description of the fees, wages, salaries and other compensation

described in paragraphs (1), (2), and (3) of subsection (a) of

this Section. Nothing in Section 12C-70 of the Criminal Code of

2012 shall be construed to prevent a child welfare agency from

charging fees or the payment of salaries and compensation as

limited in this Section and any applicable Section of this Act

or the Adoption Act.

(c) This Section does not apply to international adoption

services performed by those child welfare agencies governed by

the 1993 Hague Convention on Protection of Children and

Cooperation in Respect of Intercountry Adoption and the

Intercountry Adoption Act of 2000.

(d) Eligible agencies may be deemed compliant with this

Section.

(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

revised 9-14-16.)

Section 460. The Clinical Social Work and Social Work

Practice Act is amended by changing Section 3 as follows:

(225 ILCS 20/3) (from Ch. 111, par. 6353)

(Section scheduled to be repealed on January 1, 2018)

Sec. 3. Definitions. : The following words and phrases shall

have the meanings ascribed to them in this Section unless the

context clearly indicates otherwise:

1. "Department" means the Department of Financial and

Professional Regulation.

2. "Secretary" means the Secretary of Financial and

Professional Regulation.

3. "Board" means the Social Work Examining and Disciplinary

Board.

4. "Licensed Clinical Social Worker" means a person who

holds a license authorizing the independent practice of

clinical social work in Illinois under the auspices of an

employer or in private practice or under the auspices of public

human service agencies or private, nonprofit agencies

providing publicly sponsored human services.

5. "Clinical social work practice" means the providing of

mental health services for the evaluation, treatment, and

prevention of mental and emotional disorders in individuals,

families, and groups based on knowledge and theory of

professionally accepted theoretical structures, including, but

not limited to, psychosocial development, behavior,

psychopathology, unconscious motivation, interpersonal

relationships, and environmental stress.

6. "Treatment procedures" means among other things,

individual, marital, family, and group psychotherapy.

7. "Independent practice of clinical social work" means the

application of clinical social work knowledge and skills by a

licensed clinical social worker who regulates and is

responsible for her or his own practice or treatment

procedures.

8. "License" means that which is required to practice

clinical social work or social work under this Act, the

qualifications for which include specific education,

acceptable experience, and examination requirements.

9. "Licensed social worker" means a person who holds a

license authorizing the practice of social work, which includes

social services to individuals, groups or communities in any

one or more of the fields of social casework, social group

work, community organization for social welfare, social work

research, social welfare administration, or social work

education. Social casework and social group work may also

include clinical social work, as long as it is not conducted in

an independent practice, as defined in this Section.

10. "Address of record" means the 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.

(Source: P.A. 95-687, eff. 10-23-07; revised 9-14-16.)

Section 465. The Illinois Dental Practice Act is amended by

changing Sections 8.1 and 44 as follows:

(225 ILCS 25/8.1) (from Ch. 111, par. 2308.1)

(Section scheduled to be repealed on January 1, 2026)

Sec. 8.1. Permit for the administration of anesthesia and

sedation.

(a) No licensed dentist shall administer general

anesthesia, deep sedation, or conscious sedation without first

applying for and obtaining a permit for such purpose from the

Department. The Department shall issue such permit only after

ascertaining that the applicant possesses the minimum

qualifications necessary to protect public safety. A person

with a dental degree who administers anesthesia, deep sedation,

or conscious sedation in an approved hospital training program

under the supervision of either a licensed dentist holding such

permit or a physician licensed to practice medicine in all its

branches shall not be required to obtain such permit.

(b) In determining the minimum permit qualifications that

are necessary to protect public safety, the Department, by

rule, shall:

(1) establish the minimum educational and training

requirements necessary for a dentist to be issued an

appropriate permit;

(2) establish the standards for properly equipped

dental facilities (other than licensed hospitals and

ambulatory surgical treatment centers) in which general

anesthesia, deep sedation, or conscious sedation is

administered, as necessary to protect public safety;

(3) establish minimum requirements for all persons who

assist the dentist in the administration of general

anesthesia, deep sedation, or conscious sedation,

including minimum training requirements for each member of

the dental team, monitoring requirements, recordkeeping

requirements, and emergency procedures; and

(4) ensure that the dentist and all persons assisting

the dentist or monitoring the administration of general

anesthesia, deep sedation, or conscious sedation maintain

current certification in Basic Life Support (BLS); and .

(5) establish continuing education requirements in

sedation techniques for dentists who possess a permit under

this Section.

When establishing requirements under this Section, the

Department shall consider the current American Dental

Association guidelines on sedation and general anesthesia, the

current "Guidelines for Monitoring and Management of Pediatric

Patients During and After Sedation for Diagnostic and

Therapeutic Procedures" established by the American Academy of

Pediatrics and the American Academy of Pediatric Dentistry, and

the current parameters of care and Office Anesthesia Evaluation

(OAE) Manual established by the American Association of Oral

and Maxillofacial Surgeons.

(c) A licensed dentist must hold an appropriate permit

issued under this Section in order to perform dentistry while a

nurse anesthetist administers conscious sedation, and a valid

written collaborative agreement must exist between the dentist

and the nurse anesthetist, in accordance with the Nurse

Practice Act.

A licensed dentist must hold an appropriate permit issued

under this Section in order to perform dentistry while a nurse

anesthetist administers deep sedation or general anesthesia,

and a valid written collaborative agreement must exist between

the dentist and the nurse anesthetist, in accordance with the

Nurse Practice Act.

For the purposes of this subsection (c), "nurse

anesthetist" means a licensed certified registered nurse

anesthetist who holds a license as an advanced practice nurse.

(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; 96-328,

eff. 8-11-09; revised 10-27-16.)

(225 ILCS 25/44) (from Ch. 111, par. 2344)

(Section scheduled to be repealed on January 1, 2026)

Sec. 44. Practice by corporations prohibited; exceptions

prohibited. Exceptions. No corporation shall practice

dentistry or engage therein, or hold itself out as being

entitled to practice dentistry, or furnish dental services or

dentists, or advertise under or assume the title of dentist or

dental surgeon or equivalent title, or furnish dental advice

for any compensation, or advertise or hold itself out with any

other person or alone, that it has or owns a dental office or

can furnish dental service or dentists, or solicit through

itself, or its agents, officers, employees, directors or

trustees, dental patronage for any dentist employed by any

corporation.

Nothing contained in this Act, however, shall:

(a) prohibit a corporation from employing a dentist or

dentists to render dental services to its employees,

provided that such dental services shall be rendered at no

cost or charge to the employees;

(b) prohibit a corporation or association from

providing dental services upon a wholly charitable basis to

deserving recipients;

(c) prohibit a corporation or association from

furnishing information or clerical services which can be

furnished by persons not licensed to practice dentistry, to

any dentist when such dentist assumes full responsibility

for such information or services;

(d) prohibit dental corporations as authorized by the

Professional Service Corporation Act, dental associations

as authorized by the Professional Association Act, or

dental limited liability companies as authorized by the

Limited Liability Company Act;

(e) prohibit dental limited liability partnerships as

authorized by the Uniform Partnership Act (1997);

(f) prohibit hospitals, public health clinics,

federally qualified health centers, or other entities

specified by rule of the Department from providing dental

services; or

(g) prohibit dental management service organizations

from providing non-clinical business services that do not

violate the provisions of this Act.

Any corporation violating the provisions of this Section is

guilty of a Class A misdemeanor and each day that this Act is

violated shall be considered a separate offense.

If a dental management service organization is responsible

for enrolling the dentist as a provider in managed care plans

provider networks, it shall provide verification to the managed

care provider network regarding whether the provider is

accepting new patients at each of the specific locations

listing the provider.

Nothing in this Section shall void any contractual

relationship between the provider and the organization.

(Source: P.A. 99-329, eff. 1-1-16; revised 10-27-16.)

Section 470. The Environmental Health Practitioner

Licensing Act is amended by changing Section 10 as follows:

(225 ILCS 37/10)

(Section scheduled to be repealed on January 1, 2019)

Sec. 10. Definitions. As used in this Act:

"Board" means the Board of Environmental Health

Practitioners Board as created in this Act.

"Department" means the Department of Professional

Regulation.

"Director" means the Director of Professional Regulation.

"Environmental health inspector" means an individual who,

in support of and under the general supervision of a licensed

environmental health practitioner or licensed professional

engineer, practices environmental health and meets the

educational qualifications of an environmental health

inspector.

"Environmental health practice" is the practice of

environmental health by licensed environmental health

practitioners within the meaning of this Act and includes, but

is not limited to, the following areas of professional

activities: milk and food sanitation; protection and

regulation of private water supplies; private waste water

management; domestic solid waste disposal practices;

institutional health and safety; and consultation and

education in these fields.

"Environmental health practitioner in training" means a

person licensed under this Act who meets the educational

qualifications of a licensed environmental health practitioner

and practices environmental health in support of and under the

general supervision of a licensed environmental health

practitioner or licensed professional engineer, but has not

passed the licensed environmental health practitioner

examination administered by the Department.

"License" means the authorization issued by the Department

permitting the person named on the authorization to practice

environmental health as defined in this Act.

"Licensed environmental health practitioner" is a person

who, by virtue of education and experience in the physical,

chemical, biological, and environmental health sciences, is

especially trained to organize, implement, and manage

environmental health programs, trained to carry out education

and enforcement activities for the promotion and protection of

the public health and environment, and is licensed as an

environmental health practitioner under this Act.

(Source: P.A. 92-837, eff. 8-22-02; revised 10-27-16.)

Section 475. The Funeral Directors and Embalmers Licensing

Code is amended by changing Section 15-75 as follows:

(225 ILCS 41/15-75)

(Section scheduled to be repealed on January 1, 2023)

Sec. 15-75. Violations; grounds for discipline; penalties.

(a) Each of the following acts is a Class A misdemeanor for

the first offense, and a Class 4 felony for each subsequent

offense. These penalties shall also apply to unlicensed owners

of funeral homes.

(1) Practicing the profession of funeral directing and

embalming or funeral directing, or attempting to practice

the profession of funeral directing and embalming or

funeral directing without a license as a funeral director

and embalmer or funeral director.

(2) Serving or attempting to serve as an intern under a

licensed funeral director and embalmer without a license as

a licensed funeral director and embalmer intern.

(3) Obtaining or attempting to obtain a license,

practice or business, or any other thing of value, by fraud

or misrepresentation.

(4) Permitting any person in one's employ, under one's

control or in or under one's service to serve as a funeral

director and embalmer, funeral director, or funeral

director and embalmer intern when the person does not have

the appropriate license.

(5) Failing to display a license as required by this

Code.

(6) Giving false information or making a false oath or

affidavit required by this Code.

(b) The Department may refuse to issue or renew, revoke,

suspend, place on probation or administrative supervision,

reprimand, or take other disciplinary or non-disciplinary

action as the Department may deem appropriate, including

imposing fines not to exceed $10,000 for each violation, with

regard to any license under the Code for any one or combination

of the following:

(1) Fraud or any misrepresentation in applying for or

procuring a license under this Code or in connection with

applying for renewal of a license under this Code.

(2) For licenses, conviction by plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or by sentencing of any crime, including, but not

limited to, convictions, preceding sentences of

supervision, conditional discharge, or first offender

probation, under the laws of any jurisdiction of the United

States: (i) that is a felony or (ii) that is a misdemeanor,

an essential element of which is dishonesty, or that is

directly related to the practice of the profession and, for

initial applicants, convictions set forth in Section 15-72

of this Act.

(3) Violation of the laws of this State relating to the

funeral, burial or disposition of deceased human bodies or

of the rules and regulations of the Department, or the

Department of Public Health.

(4) Directly or indirectly paying or causing to be paid

any sum of money or other valuable consideration for the

securing of business or for obtaining authority to dispose

of any deceased human body.

(5) Professional incompetence, gross negligence,

malpractice, or untrustworthiness in the practice of

funeral directing and embalming or funeral directing.

(6) (Blank).

(7) Engaging in, promoting, selling, or issuing burial

contracts, burial certificates, or burial insurance

policies in connection with the profession as a funeral

director and embalmer, funeral director, or funeral

director and embalmer intern in violation of any laws of

the State of Illinois.

(8) Refusing, without cause, to surrender the custody

of a deceased human body upon the proper request of the

person or persons lawfully entitled to the custody of the

body.

(9) Taking undue advantage of a client or clients as to

amount to the perpetration of fraud.

(10) Engaging in funeral directing and embalming or

funeral directing without a license.

(11) Encouraging, requesting, or suggesting by a

licensee or some person working on his behalf and with his

consent for compensation that a person utilize the services

of a certain funeral director and embalmer, funeral

director, or funeral establishment unless that information

has been expressly requested by the person. This does not

prohibit general advertising or pre-need solicitation.

(12) Making or causing to be made any false or

misleading statements about the laws concerning the

disposition of human remains, including, but not limited

to, the need to embalm, the need for a casket for cremation

or the need for an outer burial container.

(13) (Blank).

(14) Embalming or attempting to embalm a deceased human

body without express prior authorization of the person

responsible for making the funeral arrangements for the

body. This does not apply to cases where embalming is

directed by local authorities who have jurisdiction or when

embalming is required by State or local law. A licensee may

embalm without express prior authorization if a good faith

effort has been made to contact family members and has been

unsuccessful and the licensee has no reason to believe the

family opposes embalming.

(15) Making a false statement on a Certificate of Death

where the person making the statement knew or should have

known that the statement was false.

(16) Soliciting human bodies after death or while death

is imminent.

(17) Performing any act or practice that is a violation

of this Code, the rules for the administration of this

Code, or any federal, State or local laws, rules, or

regulations governing the practice of funeral directing or

embalming.

(18) Performing any act or practice that is a violation

of Section 2 of the Consumer Fraud and Deceptive Business

Practices Act.

(19) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud or harm the public.

(20) Taking possession of a dead human body without

having first obtained express permission from the person

holding the right to control the disposition in accordance

with Section 5 of the Disposition of Remains Act or a

public agency legally authorized to direct, control or

permit the removal of deceased human bodies.

(21) Advertising in a false or misleading manner or

advertising using the name of an unlicensed person in

connection with any service being rendered in the practice

of funeral directing or funeral directing and embalming.

The use of any name of an unlicensed or unregistered person

in an advertisement so as to imply that the person will

perform services is considered misleading advertising.

Nothing in this paragraph shall prevent including the name

of any owner, officer or corporate director of a funeral

home, who is not a licensee, in any advertisement used by a

funeral home with which the individual is affiliated, if

the advertisement specifies the individual's affiliation

with the funeral home.

(22) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(23) Failing to account for or remit any monies,

documents, or personal property that belongs to others that

comes into a licensee's possession.

(24) Treating any person differently to his detriment

because of race, color, creed, gender, religion, or

national origin.

(25) Knowingly making any false statements, oral or

otherwise, of a character likely to influence, persuade or

induce others in the course of performing professional

services or activities.

(26) Willfully making or filing false records or

reports in the practice of funeral directing and embalming,

including, but not limited to, false records filed with

State agencies or departments.

(27) Failing to acquire continuing education required

under this Code.

(28) (Blank).

(29) Aiding or assisting another person in violating

any provision of this Code or rules adopted pursuant to

this Code.

(30) Failing within 10 days, to provide information in

response to a written request made by the Department.

(31) Discipline by another state, District of

Columbia, territory, foreign nation, or governmental

agency, if at least one of the grounds for the discipline

is the same or substantially equivalent to those set forth

in this Section.

(32) (Blank).

(33) Mental illness or disability which results in the

inability to practice the profession with reasonable

judgment, skill, or safety.

(34) Gross, willful, or continued overcharging for

professional services, including filing false statements

for collection of fees for which services are not rendered.

(35) Physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill which results in a licensee's inability to practice

under this Code with reasonable judgment, skill, or safety.

(36) Failing to comply with any of the following

required activities:

(A) When reasonably possible, a funeral director

licensee or funeral director and embalmer licensee or

anyone acting on his or her behalf shall obtain the

express authorization of the person or persons

responsible for making the funeral arrangements for a

deceased human body prior to removing a body from the

place of death or any place it may be or embalming or

attempting to embalm a deceased human body, unless

required by State or local law. This requirement is

waived whenever removal or embalming is directed by

local authorities who have jurisdiction. If the

responsibility for the handling of the remains

lawfully falls under the jurisdiction of a public

agency, then the regulations of the public agency shall

prevail.

(B) A licensee shall clearly mark the price of any

casket offered for sale or the price of any service

using the casket on or in the casket if the casket is

displayed at the funeral establishment. If the casket

is displayed at any other location, regardless of

whether the licensee is in control of that location,

the casket shall be clearly marked and the registrant

shall use books, catalogues, brochures, or other

printed display aids to show the price of each casket

or service.

(C) At the time funeral arrangements are made and

prior to rendering the funeral services, a licensee

shall furnish a written statement of services to be

retained by the person or persons making the funeral

arrangements, signed by both parties, that shall

contain: (i) the name, address and telephone number of

the funeral establishment and the date on which the

arrangements were made; (ii) the price of the service

selected and the services and merchandise included for

that price; (iii) a clear disclosure that the person or

persons making the arrangement may decline and receive

credit for any service or merchandise not desired and

not required by law or the funeral director or the

funeral director and embalmer; (iv) the supplemental

items of service and merchandise requested and the

price of each item; (v) the terms or method of payment

agreed upon; and (vi) a statement as to any monetary

advances made by the registrant on behalf of the

family. The licensee shall maintain a copy of the

written statement of services in its permanent

records. All written statements of services are

subject to inspection by the Department.

(D) In all instances where the place of final

disposition of a deceased human body or the cremated

remains of a deceased human body is a cemetery, the

licensed funeral director and embalmer, or licensed

funeral director, who has been engaged to provide

funeral or embalming services shall remain at the

cemetery and personally witness the placement of the

human remains in their designated grave or the sealing

of the above ground depository, crypt, or urn. The

licensed funeral director or licensed funeral director

and embalmer may designate a licensed funeral director

and embalmer intern or representative of the funeral

home to be his or her witness to the placement of the

remains. If the cemetery authority, cemetery manager,

or any other agent of the cemetery takes any action

that prevents compliance with this paragraph (D), then

the funeral director and embalmer or funeral director

shall provide written notice to the Department within 5

business days after failing to comply. If the

Department receives this notice, then the Department

shall not take any disciplinary action against the

funeral director and embalmer or funeral director for a

violation of this paragraph (D) unless the Department

finds that the cemetery authority, manager, or any

other agent of the cemetery did not prevent the funeral

director and embalmer or funeral director from

complying with this paragraph (D) as claimed in the

written notice.

(E) A funeral director or funeral director and

embalmer shall fully complete the portion of the

Certificate of Death under the responsibility of the

funeral director or funeral director and embalmer and

provide all required information. In the event that any

reported information subsequently changes or proves

incorrect, a funeral director or funeral director and

embalmer shall immediately upon learning the correct

information correct the Certificate of Death.

(37) A finding by the Department that the licensee

license, after having his or her license placed on

probationary status or subjected to conditions or

restrictions, violated the terms of the probation or failed

to comply with such terms or conditions.

(38) (Blank).

(39) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act

and, upon proof by clear and convincing evidence, being

found to have caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(40) Habitual or excessive use or abuse of drugs

defined in law as controlled substances, alcohol, or any

other substance which results in the inability to practice

with reasonable judgment, skill, or safety.

(41) Practicing under a false or, except as provided by

law, an assumed name.

(42) Cheating on or attempting to subvert the licensing

examination administered under this Code.

(c) The Department may refuse to issue or renew or may

suspend without a hearing, as provided for in the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois, the license of any person who fails to file a return,

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 the time as the requirements of the tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Department of Professional Regulation Law of the

Civil Administrative Code of Illinois.

(d) No action may be taken under this Code against a person

licensed under this Code unless the action is commenced within

5 years after the occurrence of the alleged violations. A

continuing violation shall be deemed to have occurred on the

date when the circumstances last existed that give rise to the

alleged violation.

(e) Nothing in this Section shall be construed or enforced

to give a funeral director and embalmer, or his or her

designees, authority over the operation of a cemetery or over

cemetery employees. Nothing in this Section shall be construed

or enforced to impose duties or penalties on cemeteries with

respect to the timing of the placement of human remains in

their designated grave or the sealing of the above ground

depository, crypt, or urn due to patron safety, the allocation

of cemetery staffing, liability insurance, a collective

bargaining agreement, or other such reasons.

(f) All fines imposed under this Section shall be paid 60

days after the effective date of the order imposing the fine.

(g) The Department shall deny a license or renewal

authorized by this Code to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Department of Professional

Regulation Law of the Civil Administrative Code of Illinois.

(h) In cases where the Department of Healthcare and Family

Services has previously determined a licensee or a potential

licensee is more than 30 days delinquent in the payment of

child support and has subsequently certified the delinquency to

the Department, the Department may refuse to issue or renew or

may revoke or suspend that person's license or may take other

disciplinary action against that person based solely upon the

certification of delinquency made by the Department of

Healthcare and Family Services in accordance with item (5) of

subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(i) A person not licensed under this Code who is an owner

of a funeral establishment or funeral business shall not aid,

abet, assist, procure, advise, employ, or contract with any

unlicensed person to offer funeral services or aid, abet,

assist, or direct any licensed person contrary to or in

violation of any rules or provisions of this Code. A person

violating this subsection shall be treated as a licensee for

the purposes of disciplinary action under this Section and

shall be subject to cease and desist orders as provided in this

Code, the imposition of a fine up to $10,000 for each violation

and any other penalty provided by law.

(j) The determination by a circuit court that a licensee is

subject to involuntary admission or judicial admission as

provided in the Mental Health and Developmental Disabilities

Code, as amended, operates as an automatic suspension. The

suspension may end only upon a finding by a court that the

licensee is no longer subject to the involuntary admission or

judicial admission and issues an order so finding and

discharging the licensee, and upon the recommendation of the

Board to the Secretary that the licensee be allowed to resume

his or her practice.

(k) In enforcing this Code, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Code, or who has applied for licensure

under this Code, to submit to a mental or physical examination,

or both, as required by and at the expense of the Department.

The Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physician shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Code or who has

applied for a license under this Code who, because of a

physical or mental illness or disability, including, but not

limited to, deterioration through the aging process or loss of

motor skill, is unable to practice the profession with

reasonable judgment, skill, or safety, may be required by the

Department to submit to care, counseling, or treatment by

physicians approved or designated by the Department as a

condition, term, or restriction for continued, reinstated, or

renewed licensure to practice. Submission to care, counseling,

or treatment as required by the Department shall not be

considered discipline of a license. If the licensee refuses to

enter into a care, counseling, or treatment agreement or fails

to abide by the terms of the agreement, the Department may file

a complaint to revoke, suspend, or otherwise discipline the

license of the individual. The Secretary may order the license

suspended immediately, pending a hearing by the Department.

Fines shall not be assessed in disciplinary actions involving

physical or mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Code and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(Source: P.A. 98-756, eff. 7-16-14; 99-876, eff. 1-1-17;

revised 10-27-16.)

Section 480. The Hearing Instrument Consumer Protection

Act is amended by changing Section 18 as follows:

(225 ILCS 50/18) (from Ch. 111, par. 7418)

(Section scheduled to be repealed on January 1, 2026)

Sec. 18. Discipline by the Department. The Department may

refuse to issue or renew a license or it may revoke, suspend,

place on probation, censure, fine, or reprimand a licensee for

any of the following:

(a) Material misstatement in furnishing information to

the Department or to any other State or federal agency.

(b) Violations of this Act, or the rules promulgated

hereunder.

(c) Conviction of any crime under the laws of the

United States or any state or territory thereof which is a

felony or misdemeanor, an essential element of dishonesty,

or of any crime which is directly related to the practice

of the profession.

(d) Making any misrepresentation for the purpose of

obtaining a license or renewing a license, including

falsification of the continuing education requirement.

(e) Professional incompetence.

(f) Malpractice.

(g) Aiding or assisting another person in violating any

provision of this Act or the rules promulgated hereunder.

(h) Failing, within 30 days, to provide in writing

information in response to a written request made by the

Department.

(i) Engaging in dishonorable, unethical, or

unprofessional conduct which is likely to deceive,

defraud, or harm the public.

(j) Knowingly employing, directly or indirectly, any

suspended or unlicensed person to perform any services

covered by this Act.

(k) Habitual intoxication or addiction to the use of

drugs.

(l) Discipline by another state, the District of

Columbia, territory, or a foreign nation, if at least one

of the grounds for the discipline is the same or

substantially equivalent to those set forth herein.

(m) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any service not actually rendered. Nothing in this

paragraph (m) affects any bona fide independent contractor

or employment arrangements among health care

professionals, health facilities, health care providers,

or other entities, except as otherwise prohibited by law.

Any employment arrangements may include provisions for

compensation, health insurance, pension, or other

employment benefits for the provision of services within

the scope of the licensee's practice under this Act.

Nothing in this paragraph (m) shall be construed to require

an employment arrangement to receive professional fees for

services rendered.

(n) A finding by the Board that the licensee, after

having his or her license placed on probationary status,

has violated the terms of or probation.

(o) Willfully making or filing false records or

reports.

(p) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(q) Physical illness, including, but not limited to,

deterioration through the aging process, or loss of motor

skill which results in the inability to practice the

profession with reasonable judgement, skill or safety.

(r) Solicitation of services or products by

advertising that is false or misleading. An advertisement

is false or misleading if it:

(1) contains an intentional misrepresentation of

fact;

(2) contains a false statement as to the licensee's

professional achievements, education, skills, or

qualifications in the hearing instrument dispensing

profession;

(3) makes a partial disclosure of a relevant fact,

including:

(i) the advertisement of a discounted price of

an item without identifying in the advertisement

or at the location of the item either the specific

product being offered at the discounted price or

the usual price of the item; and

(ii) the advertisement of the price of a

specifically identified hearing instrument if more

than one hearing instrument appears in the same

advertisement without an accompanying price;

(4) contains a representation that a product

innovation is new when, in fact, the product was first

offered by the manufacturer to the general public in

this State not less than 12 months before the date of

the advertisement;

(5) contains any other representation, statement,

or claim that is inherently misleading or deceptive; or

(6) contains information that the licensee

manufactures hearing instruments at the licensee's

office location unless the following statement

includes a statement disclosing that the instruments

are manufactured by a specified manufacturer and

assembled by the licensee.

(s) Participating in subterfuge or misrepresentation

in the fitting or servicing of a hearing instrument.

(t) (Blank).

(u) Representing that the service of a licensed

physician or other health professional will be used or made

available in the fitting, adjustment, maintenance, or

repair of hearing instruments when that is not true, or

using the words "doctor", "audiologist", "clinic",

"Clinical Audiologist", "Certified Hearing Aid

Audiologist", "State Licensed", "State Certified",

"Hearing Care Professional", "Licensed Hearing Instrument

Dispenser", "Licensed Hearing Aid Dispenser", "Board

Certified Hearing Instrument Specialist", "Hearing

Instrument Specialist", "Licensed Audiologist", or any

other term, abbreviation, or symbol which would give the

impression that service is being provided by persons who

are licensed or awarded a degree or title, or that the

person's service who is holding the license has been

recommended by a governmental agency or health provider,

when such is not the case.

(v) Advertising a manufacturer's product or using a

manufacturer's name or trademark implying a relationship

which does not exist.

(w) Directly or indirectly giving or offering anything

of value to any person who advises another in a

professional capacity, as an inducement to influence the

purchase of a product sold or offered for sale by a hearing

instrument dispenser or influencing persons to refrain

from dealing in the products of competitors.

(x) Conducting business while suffering from a

contagious disease.

(y) Engaging in the fitting or sale of hearing

instruments under a name with fraudulent intent.

(z) Dispensing a hearing instrument to a person who has

not been given tests utilizing appropriate established

procedures and instrumentation in the fitting of hearing

instruments, except where there is the replacement of a

hearing instrument, of the same make and model within one

year of the dispensing of the original hearing instrument.

(aa) Unavailability or unwillingness to adequately

provide for service or repair of hearing instruments fitted

and sold by the dispenser.

(bb) Violating the regulations of the Federal Food and

Drug Administration or the Federal Trade Commission as they

affect hearing instruments.

(cc) Violating any provision of the Consumer Fraud and

Deceptive Business Practices Act.

(dd) Violating the Health Care Worker Self-Referral

Act.

The Department, with the approval of the Board, may impose

a fine not to exceed $1,000 plus costs for the first violation

and not to exceed $5,000 plus costs for each subsequent

violation of this Act, and the rules promulgated hereunder, on

any person or entity described in this Act. Such fine may be

imposed as an alternative to any other disciplinary measure,

except for probation. The imposition by the Department of a

fine for any violation does not bar the violation from being

alleged in subsequent disciplinary proceedings. Such fines

shall be deposited in the Fund.

(Source: P.A. 96-1482, eff. 11-29-10; revised 9-14-16.)

Section 485. 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; 99-642, eff. 7-28-16; revised 10-27-16.)

Section 490. The Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act is amended by

changing Sections 30 and 80 as follows:

(225 ILCS 107/30) (from Ch. 111, par. 8451-30)

(Section scheduled to be repealed on January 1, 2023)

Sec. 30. Professional Counselor Licensing Examining and

Disciplinary Board.

(a) The Secretary shall appoint a Board which shall serve

in an advisory capacity to the Secretary. The Board shall

consist of 7 persons, 2 of whom are licensed solely as

professional counselors, 3 of whom are licensed solely as

clinical professional counselors, one full-time faculty member

of an accredited college or university that is engaged in

training professional counselors or clinical professional

counselors who possesses the qualifications substantially

equivalent to the education and experience requirements for a

professional counselor or clinical professional counselor, and

one member of the public who is not a licensed health care

provider. In appointing members of the Board, the Secretary

shall give due consideration to the adequate representation of

the various fields of counseling. In appointing members of the

Board, the Secretary shall give due consideration to

recommendations by members of the professions of professional

counseling and clinical professional counseling, the Statewide

organizations representing the interests of professional

counselors and clinical professional counselors, organizations

representing the interests of academic programs,

rehabilitation counseling programs, and approved counseling

programs in the State of Illinois.

(b) Members shall be appointed for and shall serve 4 year

terms and until their successors are appointed and qualified.

No member of the Board shall serve more than 2 full consecutive

terms. Any appointment to fill a vacancy shall be for the

unexpired portion of the term.

(c) The membership of the Board should reasonably reflect

representation from different geographic areas of Illinois.

(d) (Blank).

(e) The Secretary shall have the authority to remove or

suspend any member for cause at any time prior to the

expiration of his or her term. The Secretary shall be the sole

arbiter of cause.

(f) The Board shall annually elect one of its members as

chairperson.

(g) The members of the Board shall be reimbursed for all

legitimate, necessary, and authorized expenses incurred in

attending the meetings of the Board.

(h) The Board may make recommendations on matters relating

to approving graduate counseling, rehabilitation counseling,

psychology, and related programs.

(i) The Board may make recommendations on matters relating

to continuing education including the number of hours necessary

for license renewal, waivers for those unable to meet such

requirements, and acceptable course content. These

recommendations shall not impose an undue burden on the

Department or an unreasonable restriction on those seeking

license renewal.

(j) The Secretary shall give due consideration to all

recommendations of the Board.

(k) Four members of the Board shall constitute a quorum. A

quorum is required for all Board decisions.

(l) Members of the Board shall have no criminal, civil, or

professional liability in an action based upon a disciplinary

proceeding or other activity performed in good faith as a

member of the Board, except for willful or wanton misconduct.

(Source: P.A. 97-706, eff. 6-25-12; revised 10-27-16.)

(225 ILCS 107/80)

(Section scheduled to be repealed on January 1, 2023)

Sec. 80. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act or rules adopted under this Act.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or by

sentencing of any crime, including, but not limited to,

convictions, preceding sentences of supervision,

conditional discharge, or first offender probation, under

the laws of any jurisdiction of the United States: (i) that

is a felony or (ii) that is a misdemeanor, an essential

element of which is dishonesty, or that is directly related

to the practice of the profession.

(4) Fraud or any misrepresentation in applying for or

procuring a license under this Act or in connection with

applying for renewal of a license under this Act.

(5) Professional incompetence or gross negligence in

the rendering of professional counseling or clinical

professional counseling services.

(6) Malpractice.

(7) Aiding or assisting another person in violating any

provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Habitual or excessive use or abuse of drugs as

defined in law as controlled substances, alcohol, or any

other substance which results in inability to practice with

reasonable skill, judgment, or safety.

(11) Discipline by another jurisdiction, the District

of Columbia, territory, county, or governmental agency, if

at least one of the grounds for the discipline is the same

or substantially equivalent to those set forth in this

Section.

(12) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate or other form of compensation

for any professional service not actually rendered.

Nothing in this paragraph (12) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (12) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(13) A finding by the Board that the licensee, after

having the license placed on probationary status, has

violated the terms of probation.

(14) Abandonment of a client.

(15) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(16) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act and in matters pertaining

to suspected abuse, neglect, financial exploitation, or

self-neglect of adults with disabilities and older adults

as set forth in the Adult Protective Services Act.

(17) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(18) Physical or mental illness or disability,

including, but not limited to, deterioration through the

aging process or loss of abilities and skills which results

in the inability to practice the profession with reasonable

judgment, skill, or safety.

(19) Solicitation of professional services by using

false or misleading advertising.

(20) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(21) A finding that licensure has been applied for or

obtained by fraudulent means.

(22) Practicing under a false or, except as provided by

law, an assumed name.

(23) Gross and willful overcharging for professional

services including filing statements for collection of

fees or monies for which services are not rendered.

(24) Rendering professional counseling or clinical

professional counseling services without a license or

practicing outside the scope of a license.

(25) Clinical supervisors failing to adequately and

responsibly monitor supervisees.

All fines imposed under this Section shall be paid within

60 days after the effective date of the order imposing the

fine.

(b) The Department shall deny, without hearing, any

application or renewal for a license under this Act to any

person who has defaulted on an educational loan guaranteed by

the Illinois Student State Assistance Commission or any

governmental agency of this State in accordance with item (5)

of subsection (a) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(b-5) The Department may refuse to issue or may suspend

without hearing, as provided for in the Code of Civil

Procedure, the license of any person who fails to file a

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

return, or pay any final assessment of the 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 in accordance

with subsection (g) of Section 2105-15 of the Department of

Professional Regulation Law of the Civil Administrative Code of

Illinois.

(b-10) In cases where the Department of Healthcare and

Family Services has previously determined a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Department

of Professional Regulation Law of the Civil Administrative Code

of Illinois.

(c) The determination by a court that a licensee is subject

to involuntary admission or judicial admission as provided in

the Mental Health and Developmental Disabilities Code will

result in an automatic suspension of his or her license. The

suspension will end upon a finding by a court that the licensee

is no longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and discharging

the patient, and the recommendation of the Board to the

Secretary that the licensee be allowed to resume professional

practice.

(c-5) In enforcing this Act, the Department, upon a showing

of a possible violation, may compel an individual licensed to

practice under this Act, or who has applied for licensure under

this Act, to submit to a mental or physical examination, or

both, as required by and at the expense of the Department. The

Department may order the examining physician to present

testimony concerning the mental or physical examination of the

licensee or applicant. No information shall be excluded by

reason of any common law or statutory privilege relating to

communications between the licensee or applicant and the

examining physician. The examining physicians shall be

specifically designated by the Department. The individual to be

examined may have, at his or her own expense, another physician

of his or her choice present during all aspects of this

examination. The examination shall be performed by a physician

licensed to practice medicine in all its branches. Failure of

an individual to submit to a mental or physical examination,

when directed, shall result in an automatic suspension without

hearing.

A person holding a license under this Act or who has

applied for a license under this Act who, because of a physical

or mental illness or disability, including, but not limited to,

deterioration through the aging process or loss of motor skill,

is unable to practice the profession with reasonable judgment,

skill, or safety, may be required by the Department to submit

to care, counseling, or treatment by physicians approved or

designated by the Department as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice. Submission to care, counseling, or treatment as

required by the Department shall not be considered discipline

of a license. If the licensee refuses to enter into a care,

counseling, or treatment agreement or fails to abide by the

terms of the agreement, the Department may file a complaint to

revoke, suspend, or otherwise discipline the license of the

individual. The Secretary may order the license suspended

immediately, pending a hearing by the Department. Fines shall

not be assessed in disciplinary actions involving physical or

mental illness or impairment.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 15 days after

the suspension and completed without appreciable delay. The

Department shall have the authority to review the subject

individual's record of treatment and counseling regarding the

impairment to the extent permitted by applicable federal

statutes and regulations safeguarding the confidentiality of

medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department that he or she can resume practice in compliance

with acceptable and prevailing standards under the provisions

of his or her license.

(d) (Blank).

(Source: P.A. 97-706, eff. 6-25-12; 98-49, eff. 7-1-13; revised

10-27-16.)

Section 495. The Sex Offender Evaluation and Treatment

Provider Act is amended by changing Section 35 as follows:

(225 ILCS 109/35)

Sec. 35. Qualifications for licensure.

(a)(1) A person is qualified for licensure as a sex

offender evaluator if that person:

(A) has applied in writing on forms prepared and

furnished by the Department;

(B) has not engaged or is not engaged in any practice

or conduct that would be grounds for disciplining a

licensee under Section 75 of this Act; and

(C) satisfies the licensure and experience

requirements of paragraph (2) of this subsection (a).

(2) A person who applies to the Department shall be issued

a sex offender evaluator license by the Department if the

person meets the qualifications set forth in paragraph (1) of

this subsection (a) and provides evidence to the Department

that the person:

(A) is a physician licensed to practice medicine in all

of its branches under the Medical Practice Act of 1987 or

licensed under the laws of another state; an advanced

practice nurse with psychiatric specialty licensed under

the Nurse Practice Act or licensed under the laws of

another state; a clinical psychologist licensed under the

Clinical Psychologist Licensing Act or licensed under the

laws of another state; a licensed clinical social worker

licensed under the Clinical Social Work and Social Work

Practice Act or licensed under the laws of another state; a

licensed clinical professional counselor licensed under

the Professional Counselor and Clinical Professional

Counselor Licensing and Practice Act or licensed under the

laws of another state; or a licensed marriage and family

therapist licensed under the Marriage and Family Therapy

Therapist Licensing Act or licensed under the laws of

another state;

(B) has 400 hours of supervised experience in the

treatment or evaluation of sex offenders in the last 4

years, at least 200 of which are face-to-face therapy or

evaluation with sex offenders;

(C) has completed at least 10 sex offender evaluations

under supervision in the past 4 years; and

(D) has at least 40 hours of documented training in the

specialty of sex offender evaluation, treatment, or

management.

Until January 1, 2015, the requirements of subparagraphs

(B) and (D) of paragraph (2) of this subsection (a) are

satisfied if the applicant has been listed on the Sex Offender

Management Board's Approved Provider List for a minimum of 2

years before application for licensure. Until January 1, 2015,

the requirements of subparagraph (C) of paragraph (2) of this

subsection (a) are satisfied if the applicant has completed at

least 10 sex offender evaluations within the 4 years before

application for licensure.

(b)(1) A person is qualified for licensure as a sex

offender treatment provider if that person:

(A) has applied in writing on forms prepared and

furnished by the Department;

(B) has not engaged or is not engaged in any practice

or conduct that would be grounds for disciplining a

licensee under Section 75 of this Act; and

(C) satisfies the licensure and experience

requirements of paragraph (2) of this subsection (b).

(2) A person who applies to the Department shall be issued

a sex offender treatment provider license by the Department if

the person meets the qualifications set forth in paragraph (1)

of this subsection (b) and provides evidence to the Department

that the person:

(A) is a physician licensed to practice medicine in all

of its branches under the Medical Practice Act of 1987 or

licensed under the laws of another state; an advanced

practice nurse with psychiatric specialty licensed under

the Nurse Practice Act or licensed under the laws of

another state; a clinical psychologist licensed under the

Clinical Psychologist Licensing Act or licensed under the

laws of another state; a licensed clinical social worker

licensed under the Clinical Social Work and Social Work

Practice Act or licensed under the laws of another state; a

licensed clinical professional counselor licensed under

the Professional Counselor and Clinical Professional

Counselor Licensing and Practice Act or licensed under the

laws of another state; or a licensed marriage and family

therapist licensed under the Marriage and Family Therapy

Therapist Licensing Act or licensed under the laws of

another state;

(B) has 400 hours of supervised experience in the

treatment of sex offenders in the last 4 years, at least

200 of which are face-to-face therapy with sex offenders;

and

(C) has at least 40 hours documented training in the

specialty of sex offender evaluation, treatment, or

management.

Until January 1, 2015, the requirements of subparagraphs

(B) and (C) of paragraph (2) of this subsection (b) are

satisfied if the applicant has been listed on the Sex Offender

Management Board's Approved Provider List for a minimum of 2

years before application.

(c)(1) A person is qualified for licensure as an associate

sex offender provider if that person:

(A) has applied in writing on forms prepared and

furnished by the Department;

(B) has not engaged or is not engaged in any practice

or conduct that would be grounds for disciplining a

licensee under Section 75 of this Act; and

(C) satisfies the education and experience

requirements of paragraph (2) of this subsection (c).

(2) A person who applies to the Department shall be issued

an associate sex offender provider license by the Department if

the person meets the qualifications set forth in paragraph (1)

of this subsection (c) and provides evidence to the Department

that the person holds a master's degree or higher in social

work, psychology, marriage and family therapy, counseling or

closely related behavioral science degree, or psychiatry.

(Source: P.A. 97-1098, eff. 7-1-13; 98-612, eff. 12-27-13;

revised 9-14-16.)

Section 500. The Veterinary Medicine and Surgery Practice

Act of 2004 is amended by changing Section 19.2 as follows:

(225 ILCS 115/19.2)

(Section scheduled to be repealed on January 1, 2024)

Sec. 19.2. Patient requests for prescriptions. A

veterinarian Veterinarians shall honor a client's request for a

prescription in lieu of dispensing a drug when a

veterinarian-client-patient relationship exists and the

veterinarian has determined that the drug is medically

necessary.

(Source: P.A. 99-223, eff. 7-31-15; revised 10-27-16.)

Section 505. The Genetic Counselor Licensing Act is amended

by changing Sections 10 and 95 as follows:

(225 ILCS 135/10)

(Section scheduled to be repealed on January 1, 2025)

Sec. 10. Definitions. As used in this Act:

"ABGC" means the American Board of Genetic Counseling.

"ABMG" means the American Board of Medical Genetics.

"Active candidate status" is awarded to applicants who have

received approval from the ABGC or ABMG to sit for their

respective certification examinations.

"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.

"Department" means the Department of Financial and

Professional Regulation.

"Genetic anomaly" means a variation in an individual's DNA

that has been shown to confer a genetically influenced disease

or predisposition to a genetically influenced disease or makes

a person a carrier of such variation. A "carrier" of a genetic

anomaly means a person who may or may not have a predisposition

or risk of incurring a genetically influenced condition and who

is at risk of having offspring with a genetically influenced

condition.

"Genetic counseling" means the provision of services,

which may include the ordering of genetic tests, to

individuals, couples, groups, families, and organizations by

one or more appropriately trained individuals to address the

physical and psychological issues associated with the

occurrence or risk of occurrence or recurrence of a genetic

disorder, birth defect, disease, or potentially inherited or

genetically influenced condition in an individual or a family.

"Genetic counseling" consists of the following:

(A) Estimating the likelihood of occurrence or

recurrence of a birth defect or of any potentially

inherited or genetically influenced condition. This

assessment may involve:

(i) obtaining and analyzing a complete health

history of the person and his or her family;

(ii) reviewing pertinent medical records;

(iii) evaluating the risks from exposure to

possible mutagens or teratogens;

(iv) recommending genetic testing or other

evaluations to diagnose a condition or determine the

carrier status of one or more family members;

(B) Helping the individual, family, health care

provider, or health care professional (i) appreciate the

medical, psychological and social implications of a

disorder, including its features, variability, usual

course and management options, (ii) learn how genetic

factors contribute to the disorder and affect the chance

for recurrence of the condition in other family members,

and (iii) understand available options for coping with,

preventing, or reducing the chance of occurrence or

recurrence of a condition.

(C) Facilitating an individual's or family's (i)

exploration of the perception of risk and burden associated

with the disorder and (ii) adjustment and adaptation to the

condition or their genetic risk by addressing needs for

psychological, social, and medical support.

"Genetic counselor" means a person licensed under this Act

to engage in the practice of genetic counseling.

"Genetic testing" and "genetic test" mean a test or

analysis of human genes, gene products, DNA, RNA, chromosomes,

proteins, or metabolites that detects genotypes, mutations,

chromosomal changes, abnormalities, or deficiencies, including

carrier status, that (i) are linked to physical or mental

disorders or impairments, (ii) indicate a susceptibility to

illness, disease, impairment, or other disorders, whether

physical or mental, or (iii) demonstrate genetic or chromosomal

damage due to environmental factors. "Genetic testing" and

"genetic tests" do not include routine physical measurements;

chemical, blood and urine analyses that are widely accepted and

in use in clinical practice; tests for use of drugs; tests for

the presence of the human immunodeficiency virus; analyses of

proteins or metabolites that do not detect genotypes,

mutations, chromosomal changes, abnormalities, or

deficiencies; or analyses of proteins or metabolites that are

directly related to a manifested disease, disorder, or

pathological condition that could reasonably be detected by a

health care professional with appropriate training and

expertise in the field of medicine involved.

"Person" means an individual, association, partnership, or

corporation.

"Qualified supervisor" means any person who is a licensed

genetic counselor, as defined by rule, or a physician licensed

to practice medicine in all its branches. A qualified

supervisor may be provided at the applicant's place of work, or

may be contracted by the applicant to provide supervision. The

qualified supervisor shall file written documentation with the

Department of employment, discharge, or supervisory control of

a genetic counselor at the time of employment, discharge, or

assumption of supervision of a genetic counselor.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Supervision" means review of aspects of genetic

counseling and case management in a bimonthly meeting with the

person under supervision.

(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;

99-633, eff. 1-1-17; revised 10-27-16.)

(225 ILCS 135/95)

(Section scheduled to be repealed on January 1, 2025)

Sec. 95. Grounds for discipline.

(a) The Department may refuse to issue, renew, or may

revoke, suspend, place on probation, reprimand, or take other

disciplinary or non-disciplinary action as the Department

deems appropriate, including the issuance of fines not to

exceed $10,000 for each violation, with regard to any license

for any one or more of the following:

(1) Material misstatement in furnishing information to

the Department or to any other State agency.

(2) Violations or negligent or intentional disregard

of this Act, or any of its rules.

(3) Conviction by plea of guilty or nolo contendere,

finding of guilt, jury verdict, or entry of judgment or

sentencing, including, but not limited to, convictions,

preceding sentences of supervision, conditional discharge,

or first offender probation, under the laws of any

jurisdiction of the United States: (i) that is a felony or

(ii) that is a misdemeanor, an essential element of which

is dishonesty, or that is directly related to the practice

of genetic counseling.

(4) Making any misrepresentation for the purpose of

obtaining a license, or violating any provision of this Act

or its rules.

(5) Negligence in the rendering of genetic counseling

services.

(6) Failure to provide genetic testing results and any

requested information to a referring physician licensed to

practice medicine in all its branches, advanced practice

nurse, or physician assistant.

(7) Aiding or assisting another person in violating any

provision of this Act or any rules.

(8) Failing to provide information within 60 days in

response to a written request made by the Department.

(9) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public and violating the rules of

professional conduct adopted by the Department.

(10) Failing to maintain the confidentiality of any

information received from a client, unless otherwise

authorized or required by law.

(10.5) Failure to maintain client records of services

provided and provide copies to clients upon request.

(11) Exploiting a client for personal advantage,

profit, or interest.

(12) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

which results in inability to practice with reasonable

skill, judgment, or safety.

(13) Discipline by another governmental agency or unit

of government, by any jurisdiction of the United States, or

by a foreign nation, if at least one of the grounds for the

discipline is the same or substantially equivalent to those

set forth in this Section.

(14) Directly or indirectly giving to or receiving from

any person, firm, corporation, partnership, or association

any fee, commission, rebate, or other form of compensation

for any professional service not actually rendered.

Nothing in this paragraph (14) affects any bona fide

independent contractor or employment arrangements among

health care professionals, health facilities, health care

providers, or other entities, except as otherwise

prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or

other employment benefits for the provision of services

within the scope of the licensee's practice under this Act.

Nothing in this paragraph (14) shall be construed to

require an employment arrangement to receive professional

fees for services rendered.

(15) A finding by the Department that the licensee,

after having the license placed on probationary status has

violated the terms of probation.

(16) Failing to refer a client to other health care

professionals when the licensee is unable or unwilling to

adequately support or serve the client.

(17) Willfully filing false reports relating to a

licensee's practice, including but not limited to false

records filed with federal or State agencies or

departments.

(18) Willfully failing to report an instance of

suspected child abuse or neglect as required by the Abused

and Neglected Child Reporting Act.

(19) Being named as a perpetrator in an indicated

report by the Department of Children and Family Services

pursuant to the Abused and Neglected Child Reporting Act,

and upon proof by clear and convincing evidence that the

licensee has caused a child to be an abused child or

neglected child as defined in the Abused and Neglected

Child Reporting Act.

(20) Physical or mental disability, including

deterioration through the aging process or loss of

abilities and skills which results in the inability to

practice the profession with reasonable judgment, skill,

or safety.

(21) Solicitation of professional services by using

false or misleading advertising.

(22) Failure to file a return, or to pay the tax,

penalty of 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 or any successor agency or the Internal Revenue

Service or any successor agency.

(23) Fraud or making any misrepresentation in applying

for or procuring a license under this Act or in connection

with applying for renewal of a license under this Act.

(24) Practicing or attempting to practice under a name

other than the full name as shown on the license or any

other legally authorized name.

(25) Gross overcharging for professional services,

including filing statements for collection of fees or

monies for which services are not rendered.

(26) (Blank).

(27) Charging for professional services not rendered,

including filing false statements for the collection of

fees for which services are not rendered.

(28) Allowing one's license under this Act to be used

by an unlicensed person in violation of this Act.

(b) The Department shall deny, without hearing, any

application or renewal for a license under this Act to any

person who has defaulted on an educational loan guaranteed by

the Illinois Student State Assistance Commission; however, the

Department may issue a license or renewal if the person in

default has established a satisfactory repayment record as

determined by the Illinois Student Assistance Commission.

(c) The determination by a court that a licensee is subject

to involuntary admission or judicial admission as provided in

the Mental Health and Developmental Disabilities Code will

result in an automatic suspension of his or her license. The

suspension will end upon a finding by a court that the licensee

is no longer subject to involuntary admission or judicial

admission, the issuance of an order so finding and discharging

the patient, and the determination of the Secretary that the

licensee be allowed to resume professional practice.

(d) The Department may refuse to issue or renew or may

suspend without hearing the license of any person who fails to

file a return, to pay the tax penalty or interest shown in a

filed return, or to pay any final assessment of the tax,

penalty, or interest as required by any Act regarding the

payment of taxes administered by the Illinois Department of

Revenue until the requirements of the Act are satisfied in

accordance with subsection (g) of Section 2105-15 of the Civil

Administrative Code of Illinois.

(e) In cases where the Department of Healthcare and Family

Services has previously determined that a licensee or a

potential licensee is more than 30 days delinquent in the

payment of child support and has subsequently certified the

delinquency to the Department, the Department may refuse to

issue or renew or may revoke or suspend that person's license

or may take other disciplinary action against that person based

solely upon the certification of delinquency made by the

Department of Healthcare and Family Services in accordance with

item (5) of subsection (a) of Section 2105-15 of the Department

of Professional Regulation Law of the Civil Administrative Code

of Illinois.

(f) All fines or costs imposed under this Section shall be

paid within 60 days after the effective date of the order

imposing the fine or costs or in accordance with the terms set

forth in the order imposing the fine.

(Source: P.A. 98-813, eff. 1-1-15; 99-173, eff. 7-29-15;

99-633, eff. 1-1-17; revised 10-27-16.)

Section 510. The Private Sewage Disposal Licensing Act is

amended by changing Section 5 as follows:

(225 ILCS 225/5) (from Ch. 111 1/2, par. 116.305)

Sec. 5. (a) The Director shall issue a private sewage

system installation contractor license or a private sewage

disposal system pumping contractor license to persons applying

for such license who successfully pass a written examination

prepared by the Department and who pay the required annual

license fee in an amount determined by the Department. Each

person who holds a currently valid plumbing license issued

under the "Illinois Plumbing License Law", as now or hereafter

amended, shall not be required to pay the annual license fee

required by this Section, but such licensed person shall comply

with all other provisions of this Act, including the

requirement for examination for licensure.

(b) A license issued under this Act shall expire on

December 31 of the year issued, except that an original license

issued after October 1 and before December 31 shall expire on

December 31 of the following year.

The Department shall reinstate a license which expires

while a licensee is in the active military service of the

United States upon application to the Department by the former

licensee within 2 years after termination of such military

service, payment of the annual license fee, and submission of

evidence of such military service. Such license shall be

reinstated without examination and without payment of the

reinstatement fee.

(c) A private sewage disposal system pumping contractor or

a private sewage system installation contractor whose license

has expired for a period of less than 3 years may apply to the

Department for reinstatement of his license. The Department

shall issue such renewed license provided the applicant pays to

the Department all lapsed license fees, plus a reinstatement

fee determined by the Department. A license which has expired

for more than 3 years may be restored only by reapplying to

take the examination and by successfully passing the written

examination.

(Source: P.A. 85-1261; revised 9-14-16.)

Section 515. The Structural Pest Control Act is amended by

changing Section 3.14 as follows:

(225 ILCS 235/3.14) (from Ch. 111 1/2, par. 2203.14)

(Section scheduled to be repealed on December 31, 2019)

Sec. 3.14. "Restricted Pesticide" means any substance or

mixture of substances intended for preventing, destroying,

repelling, or mitigating any pest, the use of which has been

categorized as restricted under subparagraph (C) of paragraph

(1) of subsection (d) of Section 3 of the Federal Insecticide,

Fungicide, and Rodenticide Act as amended or under the Illinois

Pesticide Act.

(Source: P.A. 85-177; reenacted by P.A. 95-786, eff. 8-7-08;

revised 9-14-16.)

Section 520. The Interior Design Title Act is amended by

changing Section 21 as follows:

(225 ILCS 310/21) (from Ch. 111, par. 8221)

(Section scheduled to be repealed on January 1, 2022)

Sec. 21. Administrative Review Law. All final

administrative decisions decision of the Department are

subject to judicial review under the Administrative Review Law

and its rules. The term "administrative decision" is defined as

in Section 3-101 of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the

circuit court of the county in which the party applying for

review resides, but if the party is not a resident of this

State, the venue shall be in Sangamon County.

The Department shall not be required to certify any record

to the court or file any answer in court or otherwise appear in

any court in a judicial review proceeding, unless there is

filed in the court with the complaint a receipt from the

Department acknowledging payment of the costs of furnishing and

certifying the record. Exhibits shall be certified without

cost. Failure on the part of the plaintiff to file a receipt in

court shall be grounds for dismissal of the action. During the

pendency and hearing of any and all judicial proceedings

incident to a disciplinary action, any sanctions imposed upon

the registrant by the Department shall remain in full force and

effect.

(Source: P.A. 86-1404; 87-1031; revised 9-14-16.)

Section 525. The Illinois Plumbing License Law is amended

by changing Section 3 as follows:

(225 ILCS 320/3) (from Ch. 111, par. 1103)

Sec. 3. (1) All planning and designing of plumbing systems

and all plumbing shall be performed only by plumbers licensed

under the provisions of this Act hereinafter called "licensed

plumbers" and "licensed apprentice plumbers". The inspection

of plumbing and plumbing systems shall be done only by the

sponsor or his or her agent who shall be an Illinois licensed

plumber. Nothing herein contained shall prohibit licensed

plumbers or licensed apprentice plumbers under supervision

from planning, designing, inspecting, installing, repairing,

maintaining, altering or extending building sewers in

accordance with this Act. No person who holds a license or

certificate of registration under the Illinois Architecture

Practice Act of 1989, or the Structural Engineering Practice

Act of 1989, or the Professional Engineering Practice Act of

1989 shall be prevented from planning and designing plumbing

systems. Each licensed plumber shall, as a condition of each

annual license renewal after the first license, provide proof

of completion of 4 hours of continuing education. Sponsors of

continuing education shall meet the criteria provided by the

Board of Plumbing Examiners and Plumbing Code advisory council.

Continuing education courses shall provide instruction in

plumbing, which is supervised directly by an Illinois licensed

plumber only.

(2) Nothing herein contained shall prohibit the owner

occupant or lessee occupant of a single family residence, or

the owner of a single family residence under construction for

his or her occupancy, from planning, installing, altering or

repairing the plumbing system of such residence, provided that

(i) such plumbing shall comply with the minimum standards for

plumbing contained in the Illinois State Plumbing Code, and

shall be subject to inspection by the Department or the local

governmental unit if it retains a licensed plumber as an

inspector; and (ii) such owner, owner occupant or lessee

occupant shall not employ other than a plumber licensed

pursuant to this Act to assist him or her.

For purposes of this subsection, a person shall be

considered an "occupant" if and only if he or she has taken

possession of and is living in the premises as his or her bona

fide sole and exclusive residence, or, in the case of an owner

of a single family residence under construction for his or her

occupancy, he or she expects to take possession of and live in

the premises as his or her bona fide sole and exclusive

residence, and he or she has a current intention to live in

such premises as his or her bona fide sole and exclusive

residence for a period of not less than 6 months after the

completion of the plumbing work performed pursuant to the

authorization of this subsection, or, in the case of an owner

of a single family residence under construction for his or her

occupancy, for a period of not less than 6 months after the

completion of construction of the residence. Failure to possess

and live in the premises as a sole and exclusive residence for

a period of 6 months or more shall create a rebuttable

presumption of a lack of such intention.

(3) The employees of a firm, association, partnership or

corporation who engage in plumbing shall be licensed plumbers

or licensed apprentice plumbers. At least one member of every

firm, association or partnership engaged in plumbing work, and

at least one corporate officer of every corporation engaged in

plumbing work, as the case may be, shall be a licensed plumber.

A retired plumber cannot fulfill the requirements of this

subsection (3). Plumbing contractors are also required to be

registered pursuant to the provisions of this Act.

Notwithstanding the provisions of this subsection (3), it

shall be lawful for an irrigation contractor registered under

Section 2.5 of this Act to employ or contract with one or more

licensed plumbers in connection with work on lawn sprinkler

systems pursuant to Section 2.5 of this Act.

(4)(a) A licensed apprentice plumber shall plan, design and

install plumbing only under the supervision of the sponsor or

his or her agent who is also an Illinois licensed plumber.

(b) An applicant for licensing as an apprentice plumber

shall be at least 16 years of age and apply on the application

form provided by the Department. Such application shall verify

that the applicant is sponsored by an Illinois licensed plumber

or an approved apprenticeship program and shall contain the

name and license number of the licensed plumber or program

sponsor.

(c) No licensed plumber shall sponsor more than 2 licensed

apprentice plumbers at the same time. If 2 licensed apprentice

plumbers are sponsored by a plumber at the same time, one of

the apprentices must have, at a minimum, 2 years experience as

a licensed apprentice. No licensed plumber sponsor or his or

her agent may supervise 2 licensed apprentices with less than 2

years experience at the same time. The sponsor or agent shall

supervise and be responsible for the plumbing performed by a

licensed apprentice.

(d) No agent shall supervise more than 2 licensed

apprentices at the same time.

(e) No licensed plumber may, in any capacity, supervise

more than 2 licensed apprentice plumbers at the same time.

(f) No approved apprenticeship program may sponsor more

licensed apprentices than 2 times the number of licensed

plumbers available to supervise those licensed apprentices.

(g) No approved apprenticeship program may sponsor more

licensed apprentices with less than 2 years experience than it

has licensed plumbers available to supervise those licensed

apprentices.

(h) No individual shall work as an apprentice plumber

unless he or she is properly licensed under this Act. The

Department shall issue an apprentice plumber's license to each

approved applicant.

(i) No licensed apprentice plumber shall serve more than a

6 year licensed apprenticeship period. If, upon completion of a

6 year licensed apprenticeship period, such licensed

apprentice plumber does not apply for the examination for a

plumber's license and successfully pass the examination for a

plumber's license, his or her apprentice plumber's license

shall not be renewed.

Nothing contained in Public Act P.A. 83-878, entitled "An

Act in relation to professions", approved September 26, 1983,

was intended by the General Assembly nor should it be construed

to require the employees of a governmental unit or privately

owned municipal water supplier who operate, maintain or repair

a water or sewer plant facility which is owned or operated by

such governmental unit or privately owned municipal water

supplier to be licensed plumbers under this Act. In addition,

nothing contained in Public Act P.A. 83-878 was intended by the

General Assembly nor should it be construed to permit persons

other than licensed plumbers to perform the installation,

repair, maintenance or replacement of plumbing fixtures, such

as toilet facilities, floor drains, showers and lavatories, and

the piping attendant to those fixtures, within such facility or

in the construction of a new facility.

Nothing contained in Public Act P.A. 83-878, entitled "An

Act in relation to professions", approved September 26, 1983,

was intended by the General Assembly nor should it be construed

to require the employees of a governmental unit or privately

owned municipal water supplier who install, repair or maintain

water service lines from water mains in the street, alley or

curb line to private property lines and who install, repair or

maintain water meters to be licensed plumbers under this Act if

such work was customarily performed prior to the effective date

of such Act by employees of such governmental unit or privately

owned municipal water supplier who were not licensed plumbers.

Any such work which was customarily performed prior to the

effective date of such Act by persons who were licensed

plumbers or subcontracted to persons who were licensed plumbers

must continue to be performed by persons who are licensed

plumbers or subcontracted to persons who are licensed plumbers.

When necessary under this Act, the Department shall make the

determination whether or not persons who are licensed plumbers

customarily performed such work.

(Source: P.A. 99-504, eff. 1-1-17; revised 9-14-16.)

Section 530. The Community Association Manager Licensing

and Disciplinary Act is amended by changing Section 10 as

follows:

(225 ILCS 427/10)

(Section scheduled to be repealed on January 1, 2020)

Sec. 10. Definitions. As used 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 maintained by the Department's licensure

maintenance unit. It is the duty of the applicant or licensee

to inform the Department of any change of address, and such

changes must be made either through the Department's website or

by contacting the Department's licensure maintenance unit.

"Advertise" means, but is not limited to, issuing or

causing to be distributed any card, sign or device to any

person; or causing, permitting or allowing any sign or marking

on or in any building, structure, newspaper, magazine or

directory, or on radio or television; or advertising by any

other means designed to secure public attention.

"Board" means the Illinois Community Association Manager

Licensing and Disciplinary Board.

"Community association" means an association in which

membership is a condition of ownership or shareholder interest

of a unit in a condominium, cooperative, townhouse, villa, or

other residential unit which is part of a residential

development plan and that is authorized to impose an

assessment, rents, or other costs that may become a lien on the

unit or lot.

"Community association funds" means any assessments, fees,

fines, or other funds collected by the community association

manager from the community association, or its members, other

than the compensation paid to the community association manager

for performance of community association management services.

"Community association management firm" means a company,

corporation, limited liability company, or other entity that

engages in community association management services.

"Community association management services" means those

services listed in the definition of community association

manager in this Section.

"Community association manager" means an individual who

administers for remuneration the financial, administrative,

maintenance, or other duties for the community association,

including the following services: (A) collecting, controlling

or disbursing funds of the community association or having the

authority to do so; (B) preparing budgets or other financial

documents for the community association; (C) assisting in the

conduct of community association meetings; (D) maintaining

association records; and (E) administrating association

contracts, as stated in the declaration, bylaws, proprietary

lease, declaration of covenants, or other governing document of

the community association. "Community association manager"

does not mean support staff, including, but not limited to

bookkeepers, administrative assistants, secretaries, property

inspectors, or customer service representatives.

"Department" means the Department of Financial and

Professional Regulation.

"License" means the license issued to a person,

corporation, partnership, limited liability company, or other

legal entity under this Act to provide community association

management services.

"Person" means any individual, corporation, partnership,

limited liability company, or other legal entity.

"Secretary" means the Secretary of Financial and

Professional Regulation.

"Supervising community association manager" means an

individual licensed as a community association manager who

manages and supervises a firm.

(Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.)

Section 535. The Detection of Deception Examiners Act is

amended by changing Section 7.1 as follows:

(225 ILCS 430/7.1) (from Ch. 111, par. 2408)

(Section scheduled to be repealed on January 1, 2022)

Sec. 7.1. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act that provides that at hearings the licensee has

the right to show compliance with all lawful requirements for

retention, continuation, or renewal of the license is

specifically excluded. For the purposes of this Act, the notice

required under Section 10-25 of the Illinois Administrative

Procedure Act is deemed sufficient when mailed to the last

known address of a party.

(Source: P.A. 88-45; revised 9-14-16.)

Section 540. The Real Estate Appraiser Licensing Act of

2002 is amended by changing Section 5-15 as follows:

(225 ILCS 458/5-15)

(Section scheduled to be repealed on January 1, 2022)

Sec. 5-15. Application for State certified residential

real estate appraiser. (a) Every person who desires to obtain a

State certified residential real estate appraiser license

shall:

(1) apply to the Department on forms provided by the

Department accompanied by the required fee;

(2) be at least 18 years of age;

(3) (blank);

(4) personally take and pass an examination authorized

by the Department and endorsed by the AQB;

(5) prior to taking the examination, provide evidence

to the Department, in Modular Course format, with each

module conforming to the Required Core Curriculum

established and adopted by the AQB, that he or she has

successfully completed the prerequisite classroom hours of

instruction in appraising as established by the AQB and by

rule; and

(6) prior to taking the examination, provide evidence

to the Department that he or she has successfully completed

the prerequisite experience and educational requirements

as established by AQB and by rule.

(Source: P.A. 98-1109, eff. 1-1-15; revised 9-16-16.)

Section 545. The Solicitation for Charity Act is amended by

changing Section 4 as follows:

(225 ILCS 460/4) (from Ch. 23, par. 5104)

Sec. 4. (a) Every charitable organization registered

pursuant to Section 2 of this Act which shall receive in any

12-month 12 month period ending upon its established fiscal or

calendar year contributions in excess of $300,000 and every

charitable organization whose fund raising functions are not

carried on solely by staff employees or persons who are unpaid

for such services, if the organization shall receive in any

12-month 12 month period ending upon its established fiscal or

calendar year contributions in excess of $25,000, shall file a

written report with the Attorney General upon forms prescribed

by him, on or before June 30 of each year if its books are kept

on a calendar basis, or within 6 months after the close of its

fiscal year if its books are kept on a fiscal year basis, which

written report shall include a financial statement covering the

immediately preceding 12-month 12 month period of operation.

Such financial statement shall include a balance sheet and

statement of income and expense, and shall be consistent with

forms furnished by the Attorney General clearly setting forth

the following: gross receipts and gross income from all

sources, broken down into total receipts and income from each

separate solicitation project or source; cost of

administration; cost of solicitation; cost of programs

designed to inform or educate the public; funds or properties

transferred out of this State, with explanation as to recipient

and purpose; cost of fundraising; compensation paid to

trustees; and total net amount disbursed or dedicated for each

major purpose, charitable or otherwise. Such report shall also

include a statement of any changes in the information required

to be contained in the registration form filed on behalf of

such organization. The report shall be signed by the president

or other authorized officer and the chief fiscal officer of the

organization who shall certify that the statements therein are

true and correct to the best of their knowledge, and shall be

accompanied by an opinion signed by an independent certified

public accountant that the financial statement therein fairly

represents the financial operations of the organization in

sufficient detail to permit public evaluation of its

operations. Said opinion may be relied upon by the Attorney

General.

(b) Every organization registered pursuant to Section 2 of

this Act which shall receive in any 12-month 12 month period

ending upon its established fiscal or calendar year of any year

contributions:

(1) in excess of $15,000, but not in excess of $25,000,

during a fiscal year shall file only a simplified summary

financial statement disclosing only the gross receipts,

total disbursements, and assets on hand at the end of the

year on forms prescribed by the Attorney General; or

(2) in excess of $25,000, but not in excess of

$300,000, if it is not required to submit a report under

subsection (a) of this Section, shall file a written report

with the Attorney General upon forms prescribed by him, on

or before June 30 of each year if its books are kept on a

calendar basis, or within 6 months after the close of its

fiscal year if its books are kept on a fiscal year basis,

which shall include a financial statement covering the

immediately preceding 12-month period of operation limited

to a statement of such organization's gross receipts from

contributions, the gross amount expended for charitable

educational programs, other charitable programs,

management expense, and fund raising expenses including a

separate statement of the cost of any goods, services or

admissions supplied as part of its solicitations, and the

disposition of the net proceeds from contributions,

including compensation paid to trustees, consistent with

forms furnished by the Attorney General. Such report shall

also include a statement of any changes in the information

required to be contained in the registration form filed on

behalf of such organization. The report shall be signed by

the president or other authorized officer and the chief

fiscal officer of the organization who shall certify that

the statements therein are true and correct to the best of

their knowledge.

(c) For any fiscal or calendar year of any organization

registered pursuant to Section 2 of this Act in which such

organization would have been exempt from registration pursuant

to Section 3 of this Act if it had not been so registered, or in

which it did not solicit or receive contributions, such

organization shall file, on or before June 30 of each year if

its books are kept on a calendar basis, or within 6 months

after the close of its fiscal year if its books are kept on a

fiscal year basis, instead of the reports required by

subdivisions (a) or (b) of this Section, a statement certified

under penalty of perjury by its president and chief fiscal

officer stating the exemption and the facts upon which it is

based or that such organization did not solicit or receive

contributions in such fiscal year. The statement shall also

include a statement of any changes in the information required

to be contained in the registration form filed on behalf of

such organization.

(d) As an alternative means of satisfying the duties and

obligations otherwise imposed by this Section, any veterans

organization chartered or incorporated under federal law and

any veterans organization which is affiliated with, and

recognized in the bylaws of, a congressionally chartered or

incorporated organization may, at its option, annually file

with the Attorney General the following documents:

(1) A copy of its Form 990, as filed with the Internal

Revenue Service.

(2) Copies of any reports required to be filed by the

affiliate with the congressionally chartered or

incorporated veterans organization, as well as copies of

any reports filed by the congressionally chartered or

incorporated veterans organization with the government of

the United States pursuant to federal law.

(3) Copies of all contracts entered into by the

congressionally chartered or incorporated veterans

organization or its affiliate for purposes of raising funds

in this State, such copies to be filed with the Attorney

General no more than 30 days after execution of the

contracts.

(e) As an alternative means of satisfying all of the duties

and obligations otherwise imposed by this Section, any person,

pursuant to a contract with a charitable organization, a

veterans organization or an affiliate described or referred to

in subsection (d), who receives, collects, holds or transports

as the agent of the organization or affiliate for purposes of

resale any used or second hand personal property, including but

not limited to household goods, furniture or clothing donated

to the organization or affiliate may, at its option, annually

file with the Attorney General the following documents,

accompanied by an annual filing fee of $15:

(1) A notarized report including the number of

donations of personal property it has received on behalf of

the charitable organization, veterans organization or

affiliate during the preceding proceeding year. For

purposes of this report, the number of donations of

personal property shall refer to the number of stops or

pickups made regardless of the number of items received at

each stop or pickup. The report may cover the person's

fiscal year, in which case it shall be filed with the

Attorney General no later than 90 days after the close of

that fiscal year.

(2) All contracts with the charitable organization,

veterans organization or affiliate under which the person

has acted as an agent for the purposes listed above.

(3) All contracts by which the person agreed to pay the

charitable organization, veterans organization or

affiliate a fixed amount for, or a fixed percentage of the

value of, each donation of used or second hand personal

property. Copies of all such contracts shall be filed no

later than 30 days after they are executed.

(f) The Attorney General may seek appropriate equitable

relief from a court or, in his discretion, cancel the

registration of any organization which fails to comply with

subdivision (a), (b), or (c) of this Section within the time

therein prescribed, or fails to furnish such additional

information as is requested by the Attorney General within the

required time; except that the time may be extended by the

Attorney General for a period not to exceed 60 days upon a

timely written request and for good cause stated. Unless

otherwise stated herein, the Attorney General shall, by rule,

set forth the standards used to determine whether a

registration shall be cancelled as authorized by this

subsection. Such standards shall be stated as precisely and

clearly as practicable, to inform fully those persons affected.

Notice of such cancellation shall be mailed to the registrant

at least 15 days before the effective date thereof.

(g) The Attorney General in his discretion may, pursuant to

rule, accept executed copies of federal Internal Revenue

returns and reports as a portion of the foregoing annual

reporting in the interest of minimizing paperwork, except there

shall be no substitute for the independent certified public

accountant audit opinion required by this Act.

(h) The Attorney General after canceling the registration

of any trust or organization which fails to comply with this

Section within the time therein prescribed may by court

proceedings, in addition to all other relief, seek to collect

the assets and distribute such under court supervision to other

charitable purposes.

(i) Every trustee, person, and organization required to

file an annual report shall pay a filing fee of $15 with each

annual financial report filed pursuant to this Section. If a

proper and complete annual report is not timely filed, a late

filing fee of an additional $100 is imposed and shall be paid

as a condition of filing a late report. Reports submitted

without the proper fee shall not be accepted for filing.

Payment of the late filing fee and acceptance by the Attorney

General shall both be conditions of filing a late report. All

late filing fees shall be used to provide charitable trust

enforcement and dissemination of charitable trust information

to the public and shall be maintained in a separate fund for

such purpose known as the Illinois Charity Bureau Fund.

(j) There is created hereby a separate special fund in the

State Treasury to be known as the Illinois Charity Bureau Fund.

That Fund shall be under the control of the Attorney General,

and the funds, fees, and penalties deposited therein shall be

used by the Attorney General to enforce the provisions of this

Act and to gather and disseminate information about charitable

trustees and organizations to the public.

(Source: P.A. 96-488, eff. 1-1-10; revised 10-27-16.)

Section 550. The Coal Mining Act is amended by changing

Section 25.05 as follows:

(225 ILCS 705/25.05) (from Ch. 96 1/2, par. 2505)

Sec. 25.05. The person to whom multi-gas detectors are

given shall be responsible for the condition and proper use of

the multi-gas detectors while in their possession.

(Source: P.A. 99-538, eff. 1-1-17; revised 9-16-16.)

Section 555. The Surface-Mined Land Conservation and

Reclamation Act is amended by changing Section 8 as follows:

(225 ILCS 715/8) (from Ch. 96 1/2, par. 4509)

Sec. 8. Bond of operator; amount; sufficiency of surety;

violations; compliance. Any bond herein provided to be filed

with the Department by the operator shall be in such form as

the Director prescribes, payable to the People of the State of

Illinois, conditioned that the operator shall faithfully

perform all requirements of this Act and comply with all rules

of the Department made in accordance with the provisions of

this Act. Such bond shall be signed by the operator as

principal, and by a good and sufficient corporate surety,

licensed to do business in Illinois, as surety. The penalty of

such bond shall be an amount between $600 and $10,000 per acre

as determined by the Director for lands to be affected by

surface mining, including slurry and gob disposal areas. Under

circumstances where a written agreement between the operator

and a third party requires require overburden to be removed,

replaced, graded, and seeded in a manner that the necessary

bond penalty exceeds $10,000 per acre, the Department shall

require a bond amount sufficient to ensure the completion of

the reclamation plan specified in the approved permit in the

event of forfeiture. In no case shall the bond for the entire

area under one permit be less than $600 per acre or $3,000,

whichever is greater. Areas used for the disposal of slurry and

gob shall continue under bond so long as they are in active

use. In lieu of such bonds, the operator may deposit any

combination of cash, certificates of deposits, government

securities, or irrevocable letters of credit with the

Department in an amount equal to that of the required surety

bond on conditions as prescribed in this Section. The penalty

of the bond or amount of other security shall be increased or

reduced from time to time as provided in this Act. Such bond or

security shall remain in effect until the affected lands have

been reclaimed, approved, and released by the Department except

that when the Department determines that grading and covering

with materials capable of supporting vegetation in accordance

with the plan has been satisfactorily completed, the Department

shall release the bond or security except the amount of $100

per acre which shall be retained by the Department until the

reclamation according to Section 6 of this Act has been

completed. Where an anticipated water impoundment has been

approved by the Department in the reclamation plan, and the

Department determines the impoundment will be satisfactorily

completed upon completion of the operation, the bond covering

such anticipated water impoundment area shall be released.

A bond filed as above prescribed shall not be cancelled by

the surety except after not less than 90 days' notice to the

Department.

If the license to do business in Illinois of any surety

upon a bond filed with the Department pursuant to this Act

shall be suspended or revoked, the operator, within 30 days

after receiving notice thereof from the Department, shall

substitute for such surety a good and sufficient corporate

surety licensed to do business in Illinois. Upon failure of the

operator to make substitution of surety as herein provided, the

Department shall have the right to suspend the permit of the

operator until such substitution has been made.

The Department shall give written notice to the operator of

any violation of this Act or non-compliance with any of the

rules and regulations promulgated by the Department hereunder

and if corrective measures, approved by the Department, are not

commenced within 45 days, the Department may proceed as

provided in Section 11 of this Act to request forfeiture of the

bond or security. The forfeiture shall be the amount of bond or

security in effect at the time of default for each acre or

portion thereof with respect to which the operator has

defaulted. Such forfeiture shall fully satisfy all obligations

of the operator to reclaim the affected land under the

provisions of this Act.

The Department shall have the power to reclaim, in keeping

with the provisions of this Act, any affected land with respect

to which a bond has been forfeited.

Whenever an operator shall have completed all requirements

under the provisions of this Act as to any affected land, he

shall notify the Department thereof. If the Department

determines that the operator has completed reclamation

requirements and refuse disposal requirements and has achieved

results appropriate to the use for which the area was

reclaimed, the Department shall release the operator from

further obligations regarding such affected land and the

penalty of the bond shall be reduced proportionately.

Bonding aggregate mining operations under permit by the

State is an exclusive power and function of the State. A home

rule unit may not require bonding of aggregate mining

operations under permit by the State. This provision is a

denial and limitation of home rule powers and functions under

subsection (h) of Section 6 of Article VII of the Illinois

Constitution of 1970.

(Source: P.A. 99-224, eff. 1-1-16; revised 9-16-16.)

Section 560. The Illinois Horse Racing Act of 1975 is

amended by changing Sections 26, 26.2, 32.1, and 40 as follows:

(230 ILCS 5/26) (from Ch. 8, par. 37-26)

Sec. 26. Wagering.

(a) Any licensee may conduct and supervise the pari-mutuel

system of wagering, as defined in Section 3.12 of this Act, on

horse races conducted by an Illinois organization licensee or

conducted at a racetrack located in another state or country

and televised in Illinois in accordance with subsection (g) of

Section 26 of this Act. Subject to the prior consent of the

Board, licensees may supplement any pari-mutuel pool in order

to guarantee a minimum distribution. Such pari-mutuel method of

wagering shall not, under any circumstances if conducted under

the provisions of this Act, be held or construed to be

unlawful, other statutes of this State to the contrary

notwithstanding. Subject to rules for advance wagering

promulgated by the Board, any licensee may accept wagers in

advance of the day of the race wagered upon occurs.

(b) No other method of betting, pool making, wagering or

gambling shall be used or permitted by the licensee. Each

licensee may retain, subject to the payment of all applicable

taxes and purses, an amount not to exceed 17% of all money

wagered under subsection (a) of this Section, except as may

otherwise be permitted under this Act.

(b-5) An individual may place a wager under the pari-mutuel

system from any licensed location authorized under this Act

provided that wager is electronically recorded in the manner

described in Section 3.12 of this Act. Any wager made

electronically by an individual while physically on the

premises of a licensee shall be deemed to have been made at the

premises of that licensee.

(c) Until January 1, 2000, the sum held by any licensee for

payment of outstanding pari-mutuel tickets, if unclaimed prior

to December 31 of the next year, shall be retained by the

licensee for payment of such tickets until that date. Within 10

days thereafter, the balance of such sum remaining unclaimed,

less any uncashed supplements contributed by such licensee for

the purpose of guaranteeing minimum distributions of any

pari-mutuel pool, shall be paid to the Illinois Veterans'

Rehabilitation Fund of the State treasury, except as provided

in subsection (g) of Section 27 of this Act.

(c-5) Beginning January 1, 2000, the sum held by any

licensee for payment of outstanding pari-mutuel tickets, if

unclaimed prior to December 31 of the next year, shall be

retained by the licensee for payment of such tickets until that

date. Within 10 days thereafter, the balance of such sum

remaining unclaimed, less any uncashed supplements contributed

by such licensee for the purpose of guaranteeing minimum

distributions of any pari-mutuel pool, shall be evenly

distributed to the purse account of the organization licensee

and the organization licensee.

(d) A pari-mutuel ticket shall be honored until December 31

of the next calendar year, and the licensee shall pay the same

and may charge the amount thereof against unpaid money

similarly accumulated on account of pari-mutuel tickets not

presented for payment.

(e) No licensee shall knowingly permit any minor, other

than an employee of such licensee or an owner, trainer, jockey,

driver, or employee thereof, to be admitted during a racing

program unless accompanied by a parent or guardian, or any

minor to be a patron of the pari-mutuel system of wagering

conducted or supervised by it. The admission of any

unaccompanied minor, other than an employee of the licensee or

an owner, trainer, jockey, driver, or employee thereof at a

race track is a Class C misdemeanor.

(f) Notwithstanding the other provisions of this Act, an

organization licensee may contract with an entity in another

state or country to permit any legal wagering entity in another

state or country to accept wagers solely within such other

state or country on races conducted by the organization

licensee in this State. Beginning January 1, 2000, these wagers

shall not be subject to State taxation. Until January 1, 2000,

when the out-of-State entity conducts a pari-mutuel pool

separate from the organization licensee, a privilege tax equal

to 7 1/2% of all monies received by the organization licensee

from entities in other states or countries pursuant to such

contracts is imposed on the organization licensee, and such

privilege tax shall be remitted to the Department of Revenue

within 48 hours of receipt of the moneys from the simulcast.

When the out-of-State entity conducts a combined pari-mutuel

pool with the organization licensee, the tax shall be 10% of

all monies received by the organization licensee with 25% of

the receipts from this 10% tax to be distributed to the county

in which the race was conducted.

An organization licensee may permit one or more of its

races to be utilized for pari-mutuel wagering at one or more

locations in other states and may transmit audio and visual

signals of races the organization licensee conducts to one or

more locations outside the State or country and may also permit

pari-mutuel pools in other states or countries to be combined

with its gross or net wagering pools or with wagering pools

established by other states.

(g) A host track may accept interstate simulcast wagers on

horse races conducted in other states or countries and shall

control the number of signals and types of breeds of racing in

its simulcast program, subject to the disapproval of the Board.

The Board may prohibit a simulcast program only if it finds

that the simulcast program is clearly adverse to the integrity

of racing. The host track simulcast program shall include the

signal of live racing of all organization licensees. All

non-host licensees and advance deposit wagering licensees

shall carry the signal of and accept wagers on live racing of

all organization licensees. Advance deposit wagering licensees

shall not be permitted to accept out-of-state wagers on any

Illinois signal provided pursuant to this Section without the

approval and consent of the organization licensee providing the

signal. For one year after August 15, 2014 (the effective date

of Public Act 98-968) this amendatory Act of the 98th General

Assembly, non-host licensees may carry the host track simulcast

program and shall accept wagers on all races included as part

of the simulcast program of horse races conducted at race

tracks located within North America upon which wagering is

permitted. For a period of one year after August 15, 2014 (the

effective date of Public Act 98-968) this amendatory Act of the

98th General Assembly, on horse races conducted at race tracks

located outside of North America, non-host licensees may accept

wagers on all races included as part of the simulcast program

upon which wagering is permitted. Beginning August 15, 2015

(one year after the effective date of Public Act 98-968) this

amendatory Act of the 98th General Assembly, non-host licensees

may carry the host track simulcast program and shall accept

wagers on all races included as part of the simulcast program

upon which wagering is permitted. All organization licensees

shall provide their live signal to all advance deposit wagering

licensees for a simulcast commission fee not to exceed 6% of

the advance deposit wagering licensee's Illinois handle on the

organization licensee's signal without prior approval by the

Board. The Board may adopt rules under which it may permit

simulcast commission fees in excess of 6%. The Board shall

adopt rules limiting the interstate commission fees charged to

an advance deposit wagering licensee. The Board shall adopt

rules regarding advance deposit wagering on interstate

simulcast races that shall reflect, among other things, the

General Assembly's desire to maximize revenues to the State,

horsemen purses, and organizational licensees. However,

organization licensees providing live signals pursuant to the

requirements of this subsection (g) may petition the Board to

withhold their live signals from an advance deposit wagering

licensee if the organization licensee discovers and the Board

finds reputable or credible information that the advance

deposit wagering licensee is under investigation by another

state or federal governmental agency, the advance deposit

wagering licensee's license has been suspended in another

state, or the advance deposit wagering licensee's license is in

revocation proceedings in another state. The organization

licensee's provision of their live signal to an advance deposit

wagering licensee under this subsection (g) pertains to wagers

placed from within Illinois. Advance deposit wagering

licensees may place advance deposit wagering terminals at

wagering facilities as a convenience to customers. The advance

deposit wagering licensee shall not charge or collect any fee

from purses for the placement of the advance deposit wagering

terminals. The costs and expenses of the host track and

non-host licensees associated with interstate simulcast

wagering, other than the interstate commission fee, shall be

borne by the host track and all non-host licensees incurring

these costs. The interstate commission fee shall not exceed 5%

of Illinois handle on the interstate simulcast race or races

without prior approval of the Board. The Board shall promulgate

rules under which it may permit interstate commission fees in

excess of 5%. The interstate commission fee and other fees

charged by the sending racetrack, including, but not limited

to, satellite decoder fees, shall be uniformly applied to the

host track and all non-host licensees.

Notwithstanding any other provision of this Act, through

December 31, 2018, an organization licensee, with the consent

of the horsemen association representing the largest number of

owners, trainers, jockeys, or standardbred drivers who race

horses at that organization licensee's racing meeting, may

maintain a system whereby advance deposit wagering may take

place or an organization licensee, with the consent of the

horsemen association representing the largest number of

owners, trainers, jockeys, or standardbred drivers who race

horses at that organization licensee's racing meeting, may

contract with another person to carry out a system of advance

deposit wagering. Such consent may not be unreasonably

withheld. Only with respect to an appeal to the Board that

consent for an organization licensee that maintains its own

advance deposit wagering system is being unreasonably

withheld, the Board shall issue a final order within 30 days

after initiation of the appeal, and the organization licensee's

advance deposit wagering system may remain operational during

that 30-day period. The actions of any organization licensee

who conducts advance deposit wagering or any person who has a

contract with an organization licensee to conduct advance

deposit wagering who conducts advance deposit wagering on or

after January 1, 2013 and prior to June 7, 2013 (the effective

date of Public Act 98-18) this amendatory Act of the 98th

General Assembly taken in reliance on the changes made to this

subsection (g) by Public Act 98-18 this amendatory Act of the

98th General Assembly are hereby validated, provided payment of

all applicable pari-mutuel taxes are remitted to the Board. All

advance deposit wagers placed from within Illinois must be

placed through a Board-approved advance deposit wagering

licensee; no other entity may accept an advance deposit wager

from a person within Illinois. All advance deposit wagering is

subject to any rules adopted by the Board. The Board may adopt

rules necessary to regulate advance deposit wagering through

the use of emergency rulemaking in accordance with Section 5-45

of the Illinois Administrative Procedure Act. The General

Assembly finds that the adoption of rules to regulate advance

deposit wagering is deemed an emergency and necessary for the

public interest, safety, and welfare. An advance deposit

wagering licensee may retain all moneys as agreed to by

contract with an organization licensee. Any moneys retained by

the organization licensee from advance deposit wagering, not

including moneys retained by the advance deposit wagering

licensee, shall be paid 50% to the organization licensee's

purse account and 50% to the organization licensee. With the

exception of any organization licensee that is owned by a

publicly traded company that is incorporated in a state other

than Illinois and advance deposit wagering licensees under

contract with such organization licensees, organization

licensees that maintain advance deposit wagering systems and

advance deposit wagering licensees that contract with

organization licensees shall provide sufficiently detailed

monthly accountings to the horsemen association representing

the largest number of owners, trainers, jockeys, or

standardbred drivers who race horses at that organization

licensee's racing meeting so that the horsemen association, as

an interested party, can confirm the accuracy of the amounts

paid to the purse account at the horsemen association's

affiliated organization licensee from advance deposit

wagering. If more than one breed races at the same race track

facility, then the 50% of the moneys to be paid to an

organization licensee's purse account shall be allocated among

all organization licensees' purse accounts operating at that

race track facility proportionately based on the actual number

of host days that the Board grants to that breed at that race

track facility in the current calendar year. To the extent any

fees from advance deposit wagering conducted in Illinois for

wagers in Illinois or other states have been placed in escrow

or otherwise withheld from wagers pending a determination of

the legality of advance deposit wagering, no action shall be

brought to declare such wagers or the disbursement of any fees

previously escrowed illegal.

(1) Between the hours of 6:30 a.m. and 6:30 p.m. an

inter-track intertrack wagering licensee other than the

host track may supplement the host track simulcast program

with additional simulcast races or race programs, provided

that between January 1 and the third Friday in February of

any year, inclusive, if no live thoroughbred racing is

occurring in Illinois during this period, only

thoroughbred races may be used for supplemental interstate

simulcast purposes. The Board shall withhold approval for a

supplemental interstate simulcast only if it finds that the

simulcast is clearly adverse to the integrity of racing. A

supplemental interstate simulcast may be transmitted from

an inter-track intertrack wagering licensee to its

affiliated non-host licensees. The interstate commission

fee for a supplemental interstate simulcast shall be paid

by the non-host licensee and its affiliated non-host

licensees receiving the simulcast.

(2) Between the hours of 6:30 p.m. and 6:30 a.m. an

inter-track intertrack wagering licensee other than the

host track may receive supplemental interstate simulcasts

only with the consent of the host track, except when the

Board finds that the simulcast is clearly adverse to the

integrity of racing. Consent granted under this paragraph

(2) to any inter-track intertrack wagering licensee shall

be deemed consent to all non-host licensees. The interstate

commission fee for the supplemental interstate simulcast

shall be paid by all participating non-host licensees.

(3) Each licensee conducting interstate simulcast

wagering may retain, subject to the payment of all

applicable taxes and the purses, an amount not to exceed

17% of all money wagered. If any licensee conducts the

pari-mutuel system wagering on races conducted at

racetracks in another state or country, each such race or

race program shall be considered a separate racing day for

the purpose of determining the daily handle and computing

the privilege tax of that daily handle as provided in

subsection (a) of Section 27. Until January 1, 2000, from

the sums permitted to be retained pursuant to this

subsection, each inter-track intertrack wagering location

licensee shall pay 1% of the pari-mutuel handle wagered on

simulcast wagering to the Horse Racing Tax Allocation Fund,

subject to the provisions of subparagraph (B) of paragraph

(11) of subsection (h) of Section 26 of this Act.

(4) A licensee who receives an interstate simulcast may

combine its gross or net pools with pools at the sending

racetracks pursuant to rules established by the Board. All

licensees combining their gross pools at a sending

racetrack shall adopt the take-out percentages of the

sending racetrack. A licensee may also establish a separate

pool and takeout structure for wagering purposes on races

conducted at race tracks outside of the State of Illinois.

The licensee may permit pari-mutuel wagers placed in other

states or countries to be combined with its gross or net

wagering pools or other wagering pools.

(5) After the payment of the interstate commission fee

(except for the interstate commission fee on a supplemental

interstate simulcast, which shall be paid by the host track

and by each non-host licensee through the host-track) and

all applicable State and local taxes, except as provided in

subsection (g) of Section 27 of this Act, the remainder of

moneys retained from simulcast wagering pursuant to this

subsection (g), and Section 26.2 shall be divided as

follows:

(A) For interstate simulcast wagers made at a host

track, 50% to the host track and 50% to purses at the

host track.

(B) For wagers placed on interstate simulcast

races, supplemental simulcasts as defined in

subparagraphs (1) and (2), and separately pooled races

conducted outside of the State of Illinois made at a

non-host licensee, 25% to the host track, 25% to the

non-host licensee, and 50% to the purses at the host

track.

(6) Notwithstanding any provision in this Act to the

contrary, non-host licensees who derive their licenses

from a track located in a county with a population in

excess of 230,000 and that borders the Mississippi River

may receive supplemental interstate simulcast races at all

times subject to Board approval, which shall be withheld

only upon a finding that a supplemental interstate

simulcast is clearly adverse to the integrity of racing.

(7) Notwithstanding any provision of this Act to the

contrary, after payment of all applicable State and local

taxes and interstate commission fees, non-host licensees

who derive their licenses from a track located in a county

with a population in excess of 230,000 and that borders the

Mississippi River shall retain 50% of the retention from

interstate simulcast wagers and shall pay 50% to purses at

the track from which the non-host licensee derives its

license as follows:

(A) Between January 1 and the third Friday in

February, inclusive, if no live thoroughbred racing is

occurring in Illinois during this period, when the

interstate simulcast is a standardbred race, the purse

share to its standardbred purse account;

(B) Between January 1 and the third Friday in

February, inclusive, if no live thoroughbred racing is

occurring in Illinois during this period, and the

interstate simulcast is a thoroughbred race, the purse

share to its interstate simulcast purse pool to be

distributed under paragraph (10) of this subsection

(g);

(C) Between January 1 and the third Friday in

February, inclusive, if live thoroughbred racing is

occurring in Illinois, between 6:30 a.m. and 6:30 p.m.

the purse share from wagers made during this time

period to its thoroughbred purse account and between

6:30 p.m. and 6:30 a.m. the purse share from wagers

made during this time period to its standardbred purse

accounts;

(D) Between the third Saturday in February and

December 31, when the interstate simulcast occurs

between the hours of 6:30 a.m. and 6:30 p.m., the purse

share to its thoroughbred purse account;

(E) Between the third Saturday in February and

December 31, when the interstate simulcast occurs

between the hours of 6:30 p.m. and 6:30 a.m., the purse

share to its standardbred purse account.

(7.1) Notwithstanding any other provision of this Act

to the contrary, if no standardbred racing is conducted at

a racetrack located in Madison County during any calendar

year beginning on or after January 1, 2002, all moneys

derived by that racetrack from simulcast wagering and

inter-track wagering that (1) are to be used for purses and

(2) are generated between the hours of 6:30 p.m. and 6:30

a.m. during that calendar year shall be paid as follows:

(A) If the licensee that conducts horse racing at

that racetrack requests from the Board at least as many

racing dates as were conducted in calendar year 2000,

80% shall be paid to its thoroughbred purse account;

and

(B) Twenty percent shall be deposited into the

Illinois Colt Stakes Purse Distribution Fund and shall

be paid to purses for standardbred races for Illinois

conceived and foaled horses conducted at any county

fairgrounds. The moneys deposited into the Fund

pursuant to this subparagraph (B) shall be deposited

within 2 weeks after the day they were generated, shall

be in addition to and not in lieu of any other moneys

paid to standardbred purses under this Act, and shall

not be commingled with other moneys paid into that

Fund. The moneys deposited pursuant to this

subparagraph (B) shall be allocated as provided by the

Department of Agriculture, with the advice and

assistance of the Illinois Standardbred Breeders Fund

Advisory Board.

(7.2) Notwithstanding any other provision of this Act

to the contrary, if no thoroughbred racing is conducted at

a racetrack located in Madison County during any calendar

year beginning on or after January 1, 2002, all moneys

derived by that racetrack from simulcast wagering and

inter-track wagering that (1) are to be used for purses and

(2) are generated between the hours of 6:30 a.m. and 6:30

p.m. during that calendar year shall be deposited as

follows:

(A) If the licensee that conducts horse racing at

that racetrack requests from the Board at least as many

racing dates as were conducted in calendar year 2000,

80% shall be deposited into its standardbred purse

account; and

(B) Twenty percent shall be deposited into the

Illinois Colt Stakes Purse Distribution Fund. Moneys

deposited into the Illinois Colt Stakes Purse

Distribution Fund pursuant to this subparagraph (B)

shall be paid to Illinois conceived and foaled

thoroughbred breeders' programs and to thoroughbred

purses for races conducted at any county fairgrounds

for Illinois conceived and foaled horses at the

discretion of the Department of Agriculture, with the

advice and assistance of the Illinois Thoroughbred

Breeders Fund Advisory Board. The moneys deposited

into the Illinois Colt Stakes Purse Distribution Fund

pursuant to this subparagraph (B) shall be deposited

within 2 weeks after the day they were generated, shall

be in addition to and not in lieu of any other moneys

paid to thoroughbred purses under this Act, and shall

not be commingled with other moneys deposited into that

Fund.

(7.3) If no live standardbred racing is conducted at a

racetrack located in Madison County in calendar year 2000

or 2001, an organization licensee who is licensed to

conduct horse racing at that racetrack shall, before

January 1, 2002, pay all moneys derived from simulcast

wagering and inter-track wagering in calendar years 2000

and 2001 and paid into the licensee's standardbred purse

account as follows:

(A) Eighty percent to that licensee's thoroughbred

purse account to be used for thoroughbred purses; and

(B) Twenty percent to the Illinois Colt Stakes

Purse Distribution Fund.

Failure to make the payment to the Illinois Colt Stakes

Purse Distribution Fund before January 1, 2002 shall result

in the immediate revocation of the licensee's organization

license, inter-track wagering license, and inter-track

wagering location license.

Moneys paid into the Illinois Colt Stakes Purse

Distribution Fund pursuant to this paragraph (7.3) shall be

paid to purses for standardbred races for Illinois

conceived and foaled horses conducted at any county

fairgrounds. Moneys paid into the Illinois Colt Stakes

Purse Distribution Fund pursuant to this paragraph (7.3)

shall be used as determined by the Department of

Agriculture, with the advice and assistance of the Illinois

Standardbred Breeders Fund Advisory Board, shall be in

addition to and not in lieu of any other moneys paid to

standardbred purses under this Act, and shall not be

commingled with any other moneys paid into that Fund.

(7.4) If live standardbred racing is conducted at a

racetrack located in Madison County at any time in calendar

year 2001 before the payment required under paragraph (7.3)

has been made, the organization licensee who is licensed to

conduct racing at that racetrack shall pay all moneys

derived by that racetrack from simulcast wagering and

inter-track wagering during calendar years 2000 and 2001

that (1) are to be used for purses and (2) are generated

between the hours of 6:30 p.m. and 6:30 a.m. during 2000 or

2001 to the standardbred purse account at that racetrack to

be used for standardbred purses.

(8) Notwithstanding any provision in this Act to the

contrary, an organization licensee from a track located in

a county with a population in excess of 230,000 and that

borders the Mississippi River and its affiliated non-host

licensees shall not be entitled to share in any retention

generated on racing, inter-track wagering, or simulcast

wagering at any other Illinois wagering facility.

(8.1) Notwithstanding any provisions in this Act to the

contrary, if 2 organization licensees are conducting

standardbred race meetings concurrently between the hours

of 6:30 p.m. and 6:30 a.m., after payment of all applicable

State and local taxes and interstate commission fees, the

remainder of the amount retained from simulcast wagering

otherwise attributable to the host track and to host track

purses shall be split daily between the 2 organization

licensees and the purses at the tracks of the 2

organization licensees, respectively, based on each

organization licensee's share of the total live handle for

that day, provided that this provision shall not apply to

any non-host licensee that derives its license from a track

located in a county with a population in excess of 230,000

and that borders the Mississippi River.

(9) (Blank).

(10) (Blank).

(11) (Blank).

(12) The Board shall have authority to compel all host

tracks to receive the simulcast of any or all races

conducted at the Springfield or DuQuoin State fairgrounds

and include all such races as part of their simulcast

programs.

(13) Notwithstanding any other provision of this Act,

in the event that the total Illinois pari-mutuel handle on

Illinois horse races at all wagering facilities in any

calendar year is less than 75% of the total Illinois

pari-mutuel handle on Illinois horse races at all such

wagering facilities for calendar year 1994, then each

wagering facility that has an annual total Illinois

pari-mutuel handle on Illinois horse races that is less

than 75% of the total Illinois pari-mutuel handle on

Illinois horse races at such wagering facility for calendar

year 1994, shall be permitted to receive, from any amount

otherwise payable to the purse account at the race track

with which the wagering facility is affiliated in the

succeeding calendar year, an amount equal to 2% of the

differential in total Illinois pari-mutuel handle on

Illinois horse races at the wagering facility between that

calendar year in question and 1994 provided, however, that

a wagering facility shall not be entitled to any such

payment until the Board certifies in writing to the

wagering facility the amount to which the wagering facility

is entitled and a schedule for payment of the amount to the

wagering facility, based on: (i) the racing dates awarded

to the race track affiliated with the wagering facility

during the succeeding year; (ii) the sums available or

anticipated to be available in the purse account of the

race track affiliated with the wagering facility for purses

during the succeeding year; and (iii) the need to ensure

reasonable purse levels during the payment period. The

Board's certification shall be provided no later than

January 31 of the succeeding year. In the event a wagering

facility entitled to a payment under this paragraph (13) is

affiliated with a race track that maintains purse accounts

for both standardbred and thoroughbred racing, the amount

to be paid to the wagering facility shall be divided

between each purse account pro rata, based on the amount of

Illinois handle on Illinois standardbred and thoroughbred

racing respectively at the wagering facility during the

previous calendar year. Annually, the General Assembly

shall appropriate sufficient funds from the General

Revenue Fund to the Department of Agriculture for payment

into the thoroughbred and standardbred horse racing purse

accounts at Illinois pari-mutuel tracks. The amount paid to

each purse account shall be the amount certified by the

Illinois Racing Board in January to be transferred from

each account to each eligible racing facility in accordance

with the provisions of this Section.

(h) The Board may approve and license the conduct of

inter-track wagering and simulcast wagering by inter-track

wagering licensees and inter-track wagering location licensees

subject to the following terms and conditions:

(1) Any person licensed to conduct a race meeting (i)

at a track where 60 or more days of racing were conducted

during the immediately preceding calendar year or where

over the 5 immediately preceding calendar years an average

of 30 or more days of racing were conducted annually may be

issued an inter-track wagering license; (ii) at a track

located in a county that is bounded by the Mississippi

River, which has a population of less than 150,000

according to the 1990 decennial census, and an average of

at least 60 days of racing per year between 1985 and 1993

may be issued an inter-track wagering license; or (iii) at

a track located in Madison County that conducted at least

100 days of live racing during the immediately preceding

calendar year may be issued an inter-track wagering

license, unless a lesser schedule of live racing is the

result of (A) weather, unsafe track conditions, or other

acts of God; (B) an agreement between the organization

licensee and the associations representing the largest

number of owners, trainers, jockeys, or standardbred

drivers who race horses at that organization licensee's

racing meeting; or (C) a finding by the Board of

extraordinary circumstances and that it was in the best

interest of the public and the sport to conduct fewer than

100 days of live racing. Any such person having operating

control of the racing facility may receive inter-track

wagering location licenses. An eligible race track located

in a county that has a population of more than 230,000 and

that is bounded by the Mississippi River may establish up

to 9 inter-track wagering locations, and an eligible race

track located in Stickney Township in Cook County may

establish up to 16 inter-track wagering locations, and an

eligible race track located in Palatine Township in Cook

County may establish up to 18 inter-track wagering

locations. An application for said license shall be filed

with the Board prior to such dates as may be fixed by the

Board. With an application for an inter-track wagering

location license there shall be delivered to the Board a

certified check or bank draft payable to the order of the

Board for an amount equal to $500. The application shall be

on forms prescribed and furnished by the Board. The

application shall comply with all other rules, regulations

and conditions imposed by the Board in connection

therewith.

(2) The Board shall examine the applications with

respect to their conformity with this Act and the rules and

regulations imposed by the Board. If found to be in

compliance with the Act and rules and regulations of the

Board, the Board may then issue a license to conduct

inter-track wagering and simulcast wagering to such

applicant. All such applications shall be acted upon by the

Board at a meeting to be held on such date as may be fixed

by the Board.

(3) In granting licenses to conduct inter-track

wagering and simulcast wagering, the Board shall give due

consideration to the best interests of the public, of horse

racing, and of maximizing revenue to the State.

(4) Prior to the issuance of a license to conduct

inter-track wagering and simulcast wagering, the applicant

shall file with the Board a bond payable to the State of

Illinois in the sum of $50,000, executed by the applicant

and a surety company or companies authorized to do business

in this State, and conditioned upon (i) the payment by the

licensee of all taxes due under Section 27 or 27.1 and any

other monies due and payable under this Act, and (ii)

distribution by the licensee, upon presentation of the

winning ticket or tickets, of all sums payable to the

patrons of pari-mutuel pools.

(5) Each license to conduct inter-track wagering and

simulcast wagering shall specify the person to whom it is

issued, the dates on which such wagering is permitted, and

the track or location where the wagering is to be

conducted.

(6) All wagering under such license is subject to this

Act and to the rules and regulations from time to time

prescribed by the Board, and every such license issued by

the Board shall contain a recital to that effect.

(7) An inter-track wagering licensee or inter-track

wagering location licensee may accept wagers at the track

or location where it is licensed, or as otherwise provided

under this Act.

(8) Inter-track wagering or simulcast wagering shall

not be conducted at any track less than 5 miles from a

track at which a racing meeting is in progress.

(8.1) Inter-track wagering location licensees who

derive their licenses from a particular organization

licensee shall conduct inter-track wagering and simulcast

wagering only at locations that are within 160 miles of

that race track where the particular organization licensee

is licensed to conduct racing. However, inter-track

wagering and simulcast wagering shall not be conducted by

those licensees at any location within 5 miles of any race

track at which a horse race meeting has been licensed in

the current year, unless the person having operating

control of such race track has given its written consent to

such inter-track wagering location licensees, which

consent must be filed with the Board at or prior to the

time application is made. In the case of any inter-track

wagering location licensee initially licensed after

December 31, 2013, inter-track wagering and simulcast

wagering shall not be conducted by those inter-track

wagering location licensees that are located outside the

City of Chicago at any location within 8 miles of any race

track at which a horse race meeting has been licensed in

the current year, unless the person having operating

control of such race track has given its written consent to

such inter-track wagering location licensees, which

consent must be filed with the Board at or prior to the

time application is made.

(8.2) Inter-track wagering or simulcast wagering shall

not be conducted by an inter-track wagering location

licensee at any location within 500 feet of an existing

church or existing school, nor within 500 feet of the

residences of more than 50 registered voters without

receiving written permission from a majority of the

registered voters at such residences. Such written

permission statements shall be filed with the Board. The

distance of 500 feet shall be measured to the nearest part

of any building used for worship services, education

programs, residential purposes, or conducting inter-track

wagering by an inter-track wagering location licensee, and

not to property boundaries. However, inter-track wagering

or simulcast wagering may be conducted at a site within 500

feet of a church, school or residences of 50 or more

registered voters if such church, school or residences have

been erected or established, or such voters have been

registered, after the Board issues the original

inter-track wagering location license at the site in

question. Inter-track wagering location licensees may

conduct inter-track wagering and simulcast wagering only

in areas that are zoned for commercial or manufacturing

purposes or in areas for which a special use has been

approved by the local zoning authority. However, no license

to conduct inter-track wagering and simulcast wagering

shall be granted by the Board with respect to any

inter-track wagering location within the jurisdiction of

any local zoning authority which has, by ordinance or by

resolution, prohibited the establishment of an inter-track

wagering location within its jurisdiction. However,

inter-track wagering and simulcast wagering may be

conducted at a site if such ordinance or resolution is

enacted after the Board licenses the original inter-track

wagering location licensee for the site in question.

(9) (Blank).

(10) An inter-track wagering licensee or an

inter-track wagering location licensee may retain, subject

to the payment of the privilege taxes and the purses, an

amount not to exceed 17% of all money wagered. Each program

of racing conducted by each inter-track wagering licensee

or inter-track wagering location licensee shall be

considered a separate racing day for the purpose of

determining the daily handle and computing the privilege

tax or pari-mutuel tax on such daily handle as provided in

Section 27.

(10.1) Except as provided in subsection (g) of Section

27 of this Act, inter-track wagering location licensees

shall pay 1% of the pari-mutuel handle at each location to

the municipality in which such location is situated and 1%

of the pari-mutuel handle at each location to the county in

which such location is situated. In the event that an

inter-track wagering location licensee is situated in an

unincorporated area of a county, such licensee shall pay 2%

of the pari-mutuel handle from such location to such

county.

(10.2) Notwithstanding any other provision of this

Act, with respect to inter-track intertrack wagering at a

race track located in a county that has a population of

more than 230,000 and that is bounded by the Mississippi

River ("the first race track"), or at a facility operated

by an inter-track wagering licensee or inter-track

wagering location licensee that derives its license from

the organization licensee that operates the first race

track, on races conducted at the first race track or on

races conducted at another Illinois race track and

simultaneously televised to the first race track or to a

facility operated by an inter-track wagering licensee or

inter-track wagering location licensee that derives its

license from the organization licensee that operates the

first race track, those moneys shall be allocated as

follows:

(A) That portion of all moneys wagered on

standardbred racing that is required under this Act to

be paid to purses shall be paid to purses for

standardbred races.

(B) That portion of all moneys wagered on

thoroughbred racing that is required under this Act to

be paid to purses shall be paid to purses for

thoroughbred races.

(11) (A) After payment of the privilege or pari-mutuel

tax, any other applicable taxes, and the costs and expenses

in connection with the gathering, transmission, and

dissemination of all data necessary to the conduct of

inter-track wagering, the remainder of the monies retained

under either Section 26 or Section 26.2 of this Act by the

inter-track wagering licensee on inter-track wagering

shall be allocated with 50% to be split between the 2

participating licensees and 50% to purses, except that an

inter-track intertrack wagering licensee that derives its

license from a track located in a county with a population

in excess of 230,000 and that borders the Mississippi River

shall not divide any remaining retention with the Illinois

organization licensee that provides the race or races, and

an inter-track intertrack wagering licensee that accepts

wagers on races conducted by an organization licensee that

conducts a race meet in a county with a population in

excess of 230,000 and that borders the Mississippi River

shall not divide any remaining retention with that

organization licensee.

(B) From the sums permitted to be retained pursuant to

this Act each inter-track wagering location licensee shall

pay (i) the privilege or pari-mutuel tax to the State; (ii)

4.75% of the pari-mutuel handle on inter-track intertrack

wagering at such location on races as purses, except that

an inter-track intertrack wagering location licensee that

derives its license from a track located in a county with a

population in excess of 230,000 and that borders the

Mississippi River shall retain all purse moneys for its own

purse account consistent with distribution set forth in

this subsection (h), and inter-track intertrack wagering

location licensees that accept wagers on races conducted by

an organization licensee located in a county with a

population in excess of 230,000 and that borders the

Mississippi River shall distribute all purse moneys to

purses at the operating host track; (iii) until January 1,

2000, except as provided in subsection (g) of Section 27 of

this Act, 1% of the pari-mutuel handle wagered on

inter-track wagering and simulcast wagering at each

inter-track wagering location licensee facility to the

Horse Racing Tax Allocation Fund, provided that, to the

extent the total amount collected and distributed to the

Horse Racing Tax Allocation Fund under this subsection (h)

during any calendar year exceeds the amount collected and

distributed to the Horse Racing Tax Allocation Fund during

calendar year 1994, that excess amount shall be

redistributed (I) to all inter-track wagering location

licensees, based on each licensee's pro-rata share of the

total handle from inter-track wagering and simulcast

wagering for all inter-track wagering location licensees

during the calendar year in which this provision is

applicable; then (II) the amounts redistributed to each

inter-track wagering location licensee as described in

subpart (I) shall be further redistributed as provided in

subparagraph (B) of paragraph (5) of subsection (g) of this

Section 26 provided first, that the shares of those

amounts, which are to be redistributed to the host track or

to purses at the host track under subparagraph (B) of

paragraph (5) of subsection (g) of this Section 26 shall be

redistributed based on each host track's pro rata share of

the total inter-track wagering and simulcast wagering

handle at all host tracks during the calendar year in

question, and second, that any amounts redistributed as

described in part (I) to an inter-track wagering location

licensee that accepts wagers on races conducted by an

organization licensee that conducts a race meet in a county

with a population in excess of 230,000 and that borders the

Mississippi River shall be further redistributed as

provided in subparagraphs (D) and (E) of paragraph (7) of

subsection (g) of this Section 26, with the portion of that

further redistribution allocated to purses at that

organization licensee to be divided between standardbred

purses and thoroughbred purses based on the amounts

otherwise allocated to purses at that organization

licensee during the calendar year in question; and (iv) 8%

of the pari-mutuel handle on inter-track wagering wagered

at such location to satisfy all costs and expenses of

conducting its wagering. The remainder of the monies

retained by the inter-track wagering location licensee

shall be allocated 40% to the location licensee and 60% to

the organization licensee which provides the Illinois

races to the location, except that an inter-track

intertrack wagering location licensee that derives its

license from a track located in a county with a population

in excess of 230,000 and that borders the Mississippi River

shall not divide any remaining retention with the

organization licensee that provides the race or races and

an inter-track intertrack wagering location licensee that

accepts wagers on races conducted by an organization

licensee that conducts a race meet in a county with a

population in excess of 230,000 and that borders the

Mississippi River shall not divide any remaining retention

with the organization licensee. Notwithstanding the

provisions of clauses (ii) and (iv) of this paragraph, in

the case of the additional inter-track wagering location

licenses authorized under paragraph (1) of this subsection

(h) by Public Act 87-110 this amendatory Act of 1991, those

licensees shall pay the following amounts as purses: during

the first 12 months the licensee is in operation, 5.25% of

the pari-mutuel handle wagered at the location on races;

during the second 12 months, 5.25%; during the third 12

months, 5.75%; during the fourth 12 months, 6.25%; and

during the fifth 12 months and thereafter, 6.75%. The

following amounts shall be retained by the licensee to

satisfy all costs and expenses of conducting its wagering:

during the first 12 months the licensee is in operation,

8.25% of the pari-mutuel handle wagered at the location;

during the second 12 months, 8.25%; during the third 12

months, 7.75%; during the fourth 12 months, 7.25%; and

during the fifth 12 months and thereafter, 6.75%. For

additional inter-track intertrack wagering location

licensees authorized under Public Act 89-16 this

amendatory Act of 1995, purses for the first 12 months the

licensee is in operation shall be 5.75% of the pari-mutuel

wagered at the location, purses for the second 12 months

the licensee is in operation shall be 6.25%, and purses

thereafter shall be 6.75%. For additional inter-track

intertrack location licensees authorized under Public Act

89-16 this amendatory Act of 1995, the licensee shall be

allowed to retain to satisfy all costs and expenses: 7.75%

of the pari-mutuel handle wagered at the location during

its first 12 months of operation, 7.25% during its second

12 months of operation, and 6.75% thereafter.

(C) There is hereby created the Horse Racing Tax

Allocation Fund which shall remain in existence until

December 31, 1999. Moneys remaining in the Fund after

December 31, 1999 shall be paid into the General Revenue

Fund. Until January 1, 2000, all monies paid into the Horse

Racing Tax Allocation Fund pursuant to this paragraph (11)

by inter-track wagering location licensees located in park

districts of 500,000 population or less, or in a

municipality that is not included within any park district

but is included within a conservation district and is the

county seat of a county that (i) is contiguous to the state

of Indiana and (ii) has a 1990 population of 88,257

according to the United States Bureau of the Census, and

operating on May 1, 1994 shall be allocated by

appropriation as follows:

Two-sevenths to the Department of Agriculture.

Fifty percent of this two-sevenths shall be used to

promote the Illinois horse racing and breeding

industry, and shall be distributed by the Department of

Agriculture upon the advice of a 9-member committee

appointed by the Governor consisting of the following

members: the Director of Agriculture, who shall serve

as chairman; 2 representatives of organization

licensees conducting thoroughbred race meetings in

this State, recommended by those licensees; 2

representatives of organization licensees conducting

standardbred race meetings in this State, recommended

by those licensees; a representative of the Illinois

Thoroughbred Breeders and Owners Foundation,

recommended by that Foundation; a representative of

the Illinois Standardbred Owners and Breeders

Association, recommended by that Association; a

representative of the Horsemen's Benevolent and

Protective Association or any successor organization

thereto established in Illinois comprised of the

largest number of owners and trainers, recommended by

that Association or that successor organization; and a

representative of the Illinois Harness Horsemen's

Association, recommended by that Association.

Committee members shall serve for terms of 2 years,

commencing January 1 of each even-numbered year. If a

representative of any of the above-named entities has

not been recommended by January 1 of any even-numbered

year, the Governor shall appoint a committee member to

fill that position. Committee members shall receive no

compensation for their services as members but shall be

reimbursed for all actual and necessary expenses and

disbursements incurred in the performance of their

official duties. The remaining 50% of this

two-sevenths shall be distributed to county fairs for

premiums and rehabilitation as set forth in the

Agricultural Fair Act;

Four-sevenths to park districts or municipalities

that do not have a park district of 500,000 population

or less for museum purposes (if an inter-track wagering

location licensee is located in such a park district)

or to conservation districts for museum purposes (if an

inter-track wagering location licensee is located in a

municipality that is not included within any park

district but is included within a conservation

district and is the county seat of a county that (i) is

contiguous to the state of Indiana and (ii) has a 1990

population of 88,257 according to the United States

Bureau of the Census, except that if the conservation

district does not maintain a museum, the monies shall

be allocated equally between the county and the

municipality in which the inter-track wagering

location licensee is located for general purposes) or

to a municipal recreation board for park purposes (if

an inter-track wagering location licensee is located

in a municipality that is not included within any park

district and park maintenance is the function of the

municipal recreation board and the municipality has a

1990 population of 9,302 according to the United States

Bureau of the Census); provided that the monies are

distributed to each park district or conservation

district or municipality that does not have a park

district in an amount equal to four-sevenths of the

amount collected by each inter-track wagering location

licensee within the park district or conservation

district or municipality for the Fund. Monies that were

paid into the Horse Racing Tax Allocation Fund before

August 9, 1991 (the effective date of Public Act

87-110) this amendatory Act of 1991 by an inter-track

wagering location licensee located in a municipality

that is not included within any park district but is

included within a conservation district as provided in

this paragraph shall, as soon as practicable after

August 9, 1991 (the effective date of Public Act

87-110) this amendatory Act of 1991, be allocated and

paid to that conservation district as provided in this

paragraph. Any park district or municipality not

maintaining a museum may deposit the monies in the

corporate fund of the park district or municipality

where the inter-track wagering location is located, to

be used for general purposes; and

One-seventh to the Agricultural Premium Fund to be

used for distribution to agricultural home economics

extension councils in accordance with "An Act in

relation to additional support and finances for the

Agricultural and Home Economic Extension Councils in

the several counties of this State and making an

appropriation therefor", approved July 24, 1967.

Until January 1, 2000, all other monies paid into the

Horse Racing Tax Allocation Fund pursuant to this paragraph

(11) shall be allocated by appropriation as follows:

Two-sevenths to the Department of Agriculture.

Fifty percent of this two-sevenths shall be used to

promote the Illinois horse racing and breeding

industry, and shall be distributed by the Department of

Agriculture upon the advice of a 9-member committee

appointed by the Governor consisting of the following

members: the Director of Agriculture, who shall serve

as chairman; 2 representatives of organization

licensees conducting thoroughbred race meetings in

this State, recommended by those licensees; 2

representatives of organization licensees conducting

standardbred race meetings in this State, recommended

by those licensees; a representative of the Illinois

Thoroughbred Breeders and Owners Foundation,

recommended by that Foundation; a representative of

the Illinois Standardbred Owners and Breeders

Association, recommended by that Association; a

representative of the Horsemen's Benevolent and

Protective Association or any successor organization

thereto established in Illinois comprised of the

largest number of owners and trainers, recommended by

that Association or that successor organization; and a

representative of the Illinois Harness Horsemen's

Association, recommended by that Association.

Committee members shall serve for terms of 2 years,

commencing January 1 of each even-numbered year. If a

representative of any of the above-named entities has

not been recommended by January 1 of any even-numbered

year, the Governor shall appoint a committee member to

fill that position. Committee members shall receive no

compensation for their services as members but shall be

reimbursed for all actual and necessary expenses and

disbursements incurred in the performance of their

official duties. The remaining 50% of this

two-sevenths shall be distributed to county fairs for

premiums and rehabilitation as set forth in the

Agricultural Fair Act;

Four-sevenths to museums and aquariums located in

park districts of over 500,000 population; provided

that the monies are distributed in accordance with the

previous year's distribution of the maintenance tax

for such museums and aquariums as provided in Section 2

of the Park District Aquarium and Museum Act; and

One-seventh to the Agricultural Premium Fund to be

used for distribution to agricultural home economics

extension councils in accordance with "An Act in

relation to additional support and finances for the

Agricultural and Home Economic Extension Councils in

the several counties of this State and making an

appropriation therefor", approved July 24, 1967. This

subparagraph (C) shall be inoperative and of no force

and effect on and after January 1, 2000.

(D) Except as provided in paragraph (11) of this

subsection (h), with respect to purse allocation from

inter-track intertrack wagering, the monies so

retained shall be divided as follows:

(i) If the inter-track wagering licensee,

except an inter-track intertrack wagering licensee

that derives its license from an organization

licensee located in a county with a population in

excess of 230,000 and bounded by the Mississippi

River, is not conducting its own race meeting

during the same dates, then the entire purse

allocation shall be to purses at the track where

the races wagered on are being conducted.

(ii) If the inter-track wagering licensee,

except an inter-track intertrack wagering licensee

that derives its license from an organization

licensee located in a county with a population in

excess of 230,000 and bounded by the Mississippi

River, is also conducting its own race meeting

during the same dates, then the purse allocation

shall be as follows: 50% to purses at the track

where the races wagered on are being conducted; 50%

to purses at the track where the inter-track

wagering licensee is accepting such wagers.

(iii) If the inter-track wagering is being

conducted by an inter-track wagering location

licensee, except an inter-track intertrack

wagering location licensee that derives its

license from an organization licensee located in a

county with a population in excess of 230,000 and

bounded by the Mississippi River, the entire purse

allocation for Illinois races shall be to purses at

the track where the race meeting being wagered on

is being held.

(12) The Board shall have all powers necessary and

proper to fully supervise and control the conduct of

inter-track wagering and simulcast wagering by inter-track

wagering licensees and inter-track wagering location

licensees, including, but not limited to the following:

(A) The Board is vested with power to promulgate

reasonable rules and regulations for the purpose of

administering the conduct of this wagering and to

prescribe reasonable rules, regulations and conditions

under which such wagering shall be held and conducted.

Such rules and regulations are to provide for the

prevention of practices detrimental to the public

interest and for the best interests of said wagering

and to impose penalties for violations thereof.

(B) The Board, and any person or persons to whom it

delegates this power, is vested with the power to enter

the facilities of any licensee to determine whether

there has been compliance with the provisions of this

Act and the rules and regulations relating to the

conduct of such wagering.

(C) The Board, and any person or persons to whom it

delegates this power, may eject or exclude from any

licensee's facilities, any person whose conduct or

reputation is such that his presence on such premises

may, in the opinion of the Board, call into the

question the honesty and integrity of, or interfere

with the orderly conduct of such wagering; provided,

however, that no person shall be excluded or ejected

from such premises solely on the grounds of race,

color, creed, national origin, ancestry, or sex.

(D) (Blank).

(E) The Board is vested with the power to appoint

delegates to execute any of the powers granted to it

under this Section for the purpose of administering

this wagering and any rules and regulations

promulgated in accordance with this Act.

(F) The Board shall name and appoint a State

director of this wagering who shall be a representative

of the Board and whose duty it shall be to supervise

the conduct of inter-track wagering as may be provided

for by the rules and regulations of the Board; such

rules and regulation shall specify the method of

appointment and the Director's powers, authority and

duties.

(G) The Board is vested with the power to impose

civil penalties of up to $5,000 against individuals and

up to $10,000 against licensees for each violation of

any provision of this Act relating to the conduct of

this wagering, any rules adopted by the Board, any

order of the Board or any other action which in the

Board's discretion, is a detriment or impediment to

such wagering.

(13) The Department of Agriculture may enter into

agreements with licensees authorizing such licensees to

conduct inter-track wagering on races to be held at the

licensed race meetings conducted by the Department of

Agriculture. Such agreement shall specify the races of the

Department of Agriculture's licensed race meeting upon

which the licensees will conduct wagering. In the event

that a licensee conducts inter-track pari-mutuel wagering

on races from the Illinois State Fair or DuQuoin State Fair

which are in addition to the licensee's previously approved

racing program, those races shall be considered a separate

racing day for the purpose of determining the daily handle

and computing the privilege or pari-mutuel tax on that

daily handle as provided in Sections 27 and 27.1. Such

agreements shall be approved by the Board before such

wagering may be conducted. In determining whether to grant

approval, the Board shall give due consideration to the

best interests of the public and of horse racing. The

provisions of paragraphs (1), (8), (8.1), and (8.2) of

subsection (h) of this Section which are not specified in

this paragraph (13) shall not apply to licensed race

meetings conducted by the Department of Agriculture at the

Illinois State Fair in Sangamon County or the DuQuoin State

Fair in Perry County, or to any wagering conducted on those

race meetings.

(14) An inter-track wagering location license

authorized by the Board in 2016 that is owned and operated

by a race track in Rock Island County shall be transferred

to a commonly owned race track in Cook County on August 12,

2016 (the effective date of Public Act 99-757) this

amendatory Act of the 99th General Assembly. The licensee

shall retain its status in relation to purse distribution

under paragraph (11) of this subsection (h) following the

transfer to the new entity. The pari-mutuel tax credit

under Section 32.1 shall not be applied toward any

pari-mutuel tax obligation of the inter-track wagering

location licensee of the license that is transferred under

this paragraph (14).

(i) Notwithstanding the other provisions of this Act, the

conduct of wagering at wagering facilities is authorized on all

days, except as limited by subsection (b) of Section 19 of this

Act.

(Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968,

eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16;

revised 9-14-16.)

(230 ILCS 5/26.2) (from Ch. 8, par. 37-26.2)

Sec. 26.2. In addition to the amount retained by licensees

pursuant to Section 26, each licensee may retain an additional

amount up to 3 1/2% of the amount wagered on all multiple

wagers plus an additional amount up to 8% of the amount wagered

on any other multiple wager that involves a single betting

interest on 3 or more horses. Amounts retained by organization

licensees and inter-track wagering licensees on all forms of

wagering shall be allocated, after payment of applicable State

and local taxes among organization licensees, inter-track

wagering licensees, and purses as set forth in paragraph (5) of

subsection (g) of Section 26, subparagraph (A) of paragraph

(11) of subsection (h) of Section 26, and subsection (a) of

Section 29 of this Act. Amounts retained by inter-track

intertrack wagering location licensees under this Section on

all forms of wagering shall be allocated, after payment of

applicable State and local taxes, among organization

licensees, inter-track intertrack wagering location licensees,

and purses as set forth in paragraph 5 of subsection (g) of

Section 26 and subparagraph (B) of paragraph (11) of subsection

(h) of Section 26.

(Source: P.A. 89-16, eff. 5-30-95; revised 9-2-16.)

(230 ILCS 5/32.1)

Sec. 32.1. Pari-mutuel tax credit; statewide racetrack

real estate equalization. In order to encourage new investment

in Illinois racetrack facilities and mitigate differing real

estate tax burdens among all racetracks, the licensees

affiliated or associated with each racetrack that has been

awarded live racing dates in the current year shall receive an

immediate pari-mutuel tax credit in an amount equal to the

greater of (i) 50% of the amount of the real estate taxes paid

in the prior year attributable to that racetrack, or (ii) the

amount by which the real estate taxes paid in the prior year

attributable to that racetrack exceeds 60% of the average real

estate taxes paid in the prior year for all racetracks awarded

live horse racing meets in the current year.

Each year, regardless of whether the organization licensee

conducted live racing in the year of certification, the Board

shall certify in writing, prior to December 31, the real estate

taxes paid in that year for each racetrack and the amount of

the pari-mutuel tax credit that each organization licensee,

inter-track intertrack wagering licensee, and inter-track

intertrack wagering location licensee that derives its license

from such racetrack is entitled in the succeeding calendar

year. The real estate taxes considered under this Section for

any racetrack shall be those taxes on the real estate parcels

and related facilities used to conduct a horse race meeting and

inter-track wagering at such racetrack under this Act. In no

event shall the amount of the tax credit under this Section

exceed the amount of pari-mutuel taxes otherwise calculated

under this Act. The amount of the tax credit under this Section

shall be retained by each licensee and shall not be subject to

any reallocation or further distribution under this Act. The

Board may promulgate emergency rules to implement this Section.

(Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)

(230 ILCS 5/40) (from Ch. 8, par. 37-40)

Sec. 40. (a) The imposition of any fine or penalty provided

in this Act shall not preclude the Board in its rules and

regulations from imposing a fine or penalty for any other

action which, in the Board's discretion, is a detriment or

impediment to horse racing.

(b) The Director of Agriculture or his or her authorized

representative shall impose the following monetary penalties

and hold administrative hearings as required for failure to

submit the following applications, lists, or reports within the

time period, date or manner required by statute or rule or for

removing a foal from Illinois prior to inspection:

(1) late filing of a renewal application for offering

or standing stallion for service:

(A) if an application is submitted no more than 30

days late, $50;

(B) if an application is submitted no more than 45

days late, $150; or

(C) if an application is submitted more than 45

days late, if filing of the application is allowed

under an administrative hearing, $250;

(2) late filing of list or report of mares bred:

(A) if a list or report is submitted no more than

30 days late, $50;

(B) if a list or report is submitted no more than

60 days late, $150; or

(C) if a list or report is submitted more than 60

days late, if filing of the list or report is allowed

under an administrative hearing, $250;

(3) filing an Illinois foaled thoroughbred mare status

report after December 31:

(A) if a report is submitted no more than 30 days

late, $50;

(B) if a report is submitted no more than 90 days

late, $150;

(C) if a report is submitted no more than 150 days

late, $250; or

(D) if a report is submitted more than 150 days

late, if filing of the report is allowed under an

administrative hearing, $500;

(4) late filing of application for foal eligibility

certificate:

(A) if an application is submitted no more than 30

days late, $50;

(B) if an application is submitted no more than 90

days late, $150;

(C) if an application is submitted no more than 150

days late, $250; or

(D) if an application is submitted more than 150

days late, if filing of the application is allowed

under an administrative hearing, $500;

(5) failure to report the intent to remove a foal from

Illinois prior to inspection, identification and

certification by a Department of Agriculture investigator,

$50; and

(6) if a list or report of mares bred is incomplete,

$50 per mare not included on the list or report.

Any person upon whom monetary penalties are imposed under

this Section 3 times within a 5-year 5 year period shall have

any further monetary penalties imposed at double the amounts

set forth above. All monies assessed and collected for

violations relating to thoroughbreds shall be paid into the

Illinois Thoroughbred Breeders Fund. All monies assessed and

collected for violations relating to standardbreds shall be

paid into the Illinois Standardbred Breeders Fund.

(Source: P.A. 87-397; revised 9-2-16.)

Section 565. The Raffles and Poker Runs Act is amended by

changing Section 2 as follows:

(230 ILCS 15/2) (from Ch. 85, par. 2302)

Sec. 2. Licensing.

(a) The governing body of any county or municipality within

this State may establish a system for the licensing of

organizations to operate raffles. The governing bodies of a

county and one or more municipalities may, pursuant to a

written contract, jointly establish a system for the licensing

of organizations to operate raffles within any area of

contiguous territory not contained within the corporate limits

of a municipality which is not a party to such contract. The

governing bodies of two or more adjacent counties or two or

more adjacent municipalities located within a county may,

pursuant to a written contract, jointly establish a system for

the licensing of organizations to operate raffles within the

corporate limits of such counties or municipalities. The

licensing authority may establish special categories of

licenses and promulgate rules relating to the various

categories. The licensing system shall provide for limitations

upon (1) the aggregate retail value of all prizes or

merchandise awarded by a licensee in a single raffle, (2) the

maximum retail value of each prize awarded by a licensee in a

single raffle, (3) the maximum price which may be charged for

each raffle chance issued or sold and (4) the maximum number of

days during which chances may be issued or sold. The licensing

system may include a fee for each license in an amount to be

determined by the local governing body. Licenses issued

pursuant to this Act shall be valid for one raffle or for a

specified number of raffles to be conducted during a specified

period not to exceed one year and may be suspended or revoked

for any violation of this Act. A local governing body shall act

on a license application within 30 days from the date of

application. Nothing in this Act shall be construed to prohibit

a county or municipality from adopting rules or ordinances for

the operation of raffles that are more restrictive than

provided for in this Act. Except for raffles organized by law

enforcement agencies and statewide associations that represent

law enforcement officials as provided in Section 9 of this Act,

the governing body of a municipality may authorize the sale of

raffle chances only within the borders of the municipality.

Except for raffles organized by law enforcement agencies and

statewide associations that represent law enforcement

officials as provided in Section 9, the governing body of the

county may authorize the sale of raffle chances only in those

areas which are both within the borders of the county and

outside the borders of any municipality.

(a-5) The governing body of Cook County may and any other

county within this State shall establish a system for the

licensing of organizations to operate poker runs. The governing

bodies of 2 or more adjacent counties may, pursuant to a

written contract, jointly establish a system for the licensing

of organizations to operate poker runs within the corporate

limits of such counties. The licensing authority may establish

special categories of licenses and adopt rules relating to the

various categories. The licensing system may include a fee not

to exceed $25 for each license. Licenses issued pursuant to

this Act shall be valid for one poker run or for a specified

number of poker runs to be conducted during a specified period

not to exceed one year and may be suspended or revoked for any

violation of this Act. A local governing body shall act on a

license application within 30 days after the date of

application.

(b) Raffle licenses shall be issued only to bona fide

religious, charitable, labor, business, fraternal, educational

or veterans' organizations that operate without profit to their

members and which have been in existence continuously for a

period of 5 years immediately before making application for a

raffle license and which have had during that entire 5-year

period a bona fide membership engaged in carrying out their

objects, or to a non-profit fundraising organization that the

licensing authority determines is organized for the sole

purpose of providing financial assistance to an identified

individual or group of individuals suffering extreme financial

hardship as the result of an illness, disability, accident or

disaster, as well as law enforcement agencies and statewide

associations that represent law enforcement officials as

provided for in Section 9 of this Act. Poker run licenses shall

be issued only to bona fide religious, charitable, labor,

business, fraternal, educational, veterans', or other bona

fide not-for-profit organizations that operate without profit

to their members and which have been in existence continuously

for a period of 5 years immediately before making application

for a poker run license and which have had during that entire

5-year period a bona fide membership engaged in carrying out

their objects. Licenses for poker runs shall be issued for the

following purposes: (i) providing financial assistance to an

identified individual or group of individuals suffering

extreme financial hardship as the result of an illness,

disability, accident, or disaster or (ii) to maintain the

financial stability of the organization. A licensing authority

may waive the 5-year requirement under this subsection (b) for

a bona fide religious, charitable, labor, business, fraternal,

educational, or veterans' organization that applies for a

license to conduct a poker run if the organization is a local

organization that is affiliated with and chartered by a

national or State organization that meets the 5-year

requirement.

For purposes of this Act, the following definitions apply.

Non-profit: An organization or institution organized and

conducted on a not-for-profit basis with no personal profit

inuring to any one as a result of the operation. Charitable: An

organization or institution organized and operated to benefit

an indefinite number of the public. The service rendered to

those eligible for benefits must also confer some benefit on

the public. Educational: An organization or institution

organized and operated to provide systematic instruction in

useful branches of learning by methods common to schools and

institutions of learning which compare favorably in their scope

and intensity with the course of study presented in

tax-supported schools. Religious: Any church, congregation,

society, or organization founded for the purpose of religious

worship. Fraternal: An organization of persons having a common

interest, the primary interest of which is to both promote the

welfare of its members and to provide assistance to the general

public in such a way as to lessen the burdens of government by

caring for those that otherwise would be cared for by the

government. Veterans: An organization or association 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. Labor: An organization

composed of workers organized with the objective of betterment

of the conditions of those engaged in such pursuit and the

development of a higher degree of efficiency in their

respective occupations. Business: A voluntary organization

composed of individuals and businesses who have joined together

to advance the commercial, financial, industrial and civic

interests of a community.

(c) Poker runs shall be licensed by the county with

jurisdiction over the key location. The license granted by the

key location shall cover the entire poker run, including

locations other than the key location. Each license issued

shall include the name and address of each predetermined

location.

(Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15;

99-757, eff. 8-12-16; revised 9-14-16.)

Section 570. The Liquor Control Act of 1934 is amended by

changing Sections 3-12, 5-1, 5-3, 6-4, 6-11, 6-15, and 6-28.5

as follows:

(235 ILCS 5/3-12)

Sec. 3-12. Powers and duties of State Commission.

(a) The State commission shall have the following powers,

functions, and duties:

(1) To receive applications and to issue licenses to

manufacturers, foreign importers, importing distributors,

distributors, non-resident dealers, on premise consumption

retailers, off premise sale retailers, special event

retailer licensees, special use permit licenses, auction

liquor licenses, brew pubs, caterer retailers,

non-beverage users, railroads, including owners and

lessees of sleeping, dining and cafe cars, airplanes,

boats, brokers, and wine maker's premises licensees in

accordance with the provisions of this Act, and to suspend

or revoke such licenses upon the State commission's

determination, upon notice after hearing, that a licensee

has violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation. Except in the case of an

action taken pursuant to a violation of Section 6-3, 6-5,

or 6-9, any action by the State Commission to suspend or

revoke a licensee's license may be limited to the license

for the specific premises where the violation occurred.

In lieu of suspending or revoking a license, the

commission may impose a fine, upon the State commission's

determination and notice after hearing, that a licensee has

violated any provision of this Act or any rule or

regulation issued pursuant thereto and in effect for 30

days prior to such violation.

For the purpose of this paragraph (1), when determining

multiple violations for the sale of alcohol to a person

under the age of 21, a second or subsequent violation for

the sale of alcohol to a person under the age of 21 shall

only be considered if it was committed within 5 years after

the date when a prior violation for the sale of alcohol to

a person under the age of 21 was committed.

The fine imposed under this paragraph may not exceed

$500 for each violation. Each day that the activity, which

gave rise to the original fine, continues is a separate

violation. The maximum fine that may be levied against any

licensee, for the period of the license, shall not exceed

$20,000. The maximum penalty that may be imposed on a

licensee for selling a bottle of alcoholic liquor with a

foreign object in it or serving from a bottle of alcoholic

liquor with a foreign object in it shall be the destruction

of that bottle of alcoholic liquor for the first 10 bottles

so sold or served from by the licensee. For the eleventh

bottle of alcoholic liquor and for each third bottle

thereafter sold or served from by the licensee with a

foreign object in it, the maximum penalty that may be

imposed on the licensee is the destruction of the bottle of

alcoholic liquor and a fine of up to $50.

(2) To adopt such rules and regulations consistent with

the provisions of this Act which shall be necessary to

carry on its functions and duties to the end that the

health, safety and welfare of the People of the State of

Illinois shall be protected and temperance in the

consumption of alcoholic liquors shall be fostered and

promoted and to distribute copies of such rules and

regulations to all licensees affected thereby.

(3) To call upon other administrative departments of

the State, county and municipal governments, county and

city police departments and upon prosecuting officers for

such information and assistance as it deems necessary in

the performance of its duties.

(4) To recommend to local commissioners rules and

regulations, not inconsistent with the law, for the

distribution and sale of alcoholic liquors throughout the

State.

(5) To inspect, or cause to be inspected, any premises

in this State where alcoholic liquors are manufactured,

distributed, warehoused, or sold. Nothing in this Act

authorizes an agent of the Commission to inspect private

areas within the premises without reasonable suspicion or a

warrant during an inspection. "Private areas" include, but

are not limited to, safes, personal property, and closed

desks.

(5.1) Upon receipt of a complaint or upon having

knowledge that any person is engaged in business as a

manufacturer, importing distributor, distributor, or

retailer without a license or valid license, to notify the

local liquor authority, file a complaint with the State's

Attorney's Office of the county where the incident

occurred, or initiate an investigation with the

appropriate law enforcement officials.

(5.2) To issue a cease and desist notice to persons

shipping alcoholic liquor into this State from a point

outside of this State if the shipment is in violation of

this Act.

(5.3) To receive complaints from licensees, local

officials, law enforcement agencies, organizations, and

persons stating that any licensee has been or is violating

any provision of this Act or the rules and regulations

issued pursuant to this Act. Such complaints shall be in

writing, signed and sworn to by the person making the

complaint, and shall state with specificity the facts in

relation to the alleged violation. If the Commission has

reasonable grounds to believe that the complaint

substantially alleges a violation of this Act or rules and

regulations adopted pursuant to this Act, it shall conduct

an investigation. If, after conducting an investigation,

the Commission is satisfied that the alleged violation did

occur, it shall proceed with disciplinary action against

the licensee as provided in this Act.

(6) To hear and determine appeals from orders of a

local commission in accordance with the provisions of this

Act, as hereinafter set forth. Hearings under this

subsection shall be held in Springfield or Chicago, at

whichever location is the more convenient for the majority

of persons who are parties to the hearing.

(7) The commission shall establish uniform systems of

accounts to be kept by all retail licensees having more

than 4 employees, and for this purpose the commission may

classify all retail licensees having more than 4 employees

and establish a uniform system of accounts for each class

and prescribe the manner in which such accounts shall be

kept. The commission may also prescribe the forms of

accounts to be kept by all retail licensees having more

than 4 employees, including but not limited to accounts of

earnings and expenses and any distribution, payment, or

other distribution of earnings or assets, and any other

forms, records and memoranda which in the judgment of the

commission may be necessary or appropriate to carry out any

of the provisions of this Act, including but not limited to

such forms, records and memoranda as will readily and

accurately disclose at all times the beneficial ownership

of such retail licensed business. The accounts, forms,

records and memoranda shall be available at all reasonable

times for inspection by authorized representatives of the

State commission or by any local liquor control

commissioner or his or her authorized representative. The

commission, may, from time to time, alter, amend or repeal,

in whole or in part, any uniform system of accounts, or the

form and manner of keeping accounts.

(8) In the conduct of any hearing authorized to be held

by the commission, to appoint, at the commission's

discretion, hearing officers to conduct hearings involving

complex issues or issues that will require a protracted

period of time to resolve, to examine, or cause to be

examined, under oath, any licensee, and to examine or cause

to be examined the books and records of such licensee; to

hear testimony and take proof material for its information

in the discharge of its duties hereunder; to administer or

cause to be administered oaths; for any such purpose to

issue subpoena or subpoenas to require the attendance of

witnesses and the production of books, which shall be

effective in any part of this State, and to adopt rules to

implement its powers under this paragraph (8).

Any Circuit Court may by order duly entered, require

the attendance of witnesses and the production of relevant

books subpoenaed by the State commission and the court may

compel obedience to its order by proceedings for contempt.

(9) To investigate the administration of laws in

relation to alcoholic liquors in this and other states and

any foreign countries, and to recommend from time to time

to the Governor and through him or her to the legislature

of this State, such amendments to this Act, if any, as it

may think desirable and as will serve to further the

general broad purposes contained in Section 1-2 hereof.

(10) To adopt such rules and regulations consistent

with the provisions of this Act which shall be necessary

for the control, sale or disposition of alcoholic liquor

damaged as a result of an accident, wreck, flood, fire or

other similar occurrence.

(11) To develop industry educational programs related

to responsible serving and selling, particularly in the

areas of overserving consumers and illegal underage

purchasing and consumption of alcoholic beverages.

(11.1) To license persons providing education and

training to alcohol beverage sellers and servers for

mandatory and non-mandatory training under the Beverage

Alcohol Sellers and Servers Education and Training

(BASSET) programs and to develop and administer a public

awareness program in Illinois to reduce or eliminate the

illegal purchase and consumption of alcoholic beverage

products by persons under the age of 21. Application for a

license shall be made on forms provided by the State

Commission.

(12) To develop and maintain a repository of license

and regulatory information.

(13) On or before January 15, 1994, the Commission

shall issue a written report to the Governor and General

Assembly that is to be based on a comprehensive study of

the impact on and implications for the State of Illinois of

Section 1926 of the federal Federal ADAMHA Reorganization

Act of 1992 (Public Law 102-321). This study shall address

the extent to which Illinois currently complies with the

provisions of P.L. 102-321 and the rules promulgated

pursuant thereto.

As part of its report, the Commission shall provide the

following essential information:

(i) the number of retail distributors of tobacco

products, by type and geographic area, in the State;

(ii) the number of reported citations and

successful convictions, categorized by type and

location of retail distributor, for violation of the

Prevention of Tobacco Use by Minors and Sale and

Distribution of Tobacco Products Act and the Smokeless

Tobacco Limitation Act;

(iii) the extent and nature of organized

educational and governmental activities that are

intended to promote, encourage or otherwise secure

compliance with any Illinois laws that prohibit the

sale or distribution of tobacco products to minors; and

(iv) the level of access and availability of

tobacco products to individuals under the age of 18.

To obtain the data necessary to comply with the

provisions of P.L. 102-321 and the requirements of this

report, the Commission shall conduct random, unannounced

inspections of a geographically and scientifically

representative sample of the State's retail tobacco

distributors.

The Commission shall consult with the Department of

Public Health, the Department of Human Services, the

Illinois State Police and any other executive branch

agency, and private organizations that may have

information relevant to this report.

The Commission may contract with the Food and Drug

Administration of the U.S. Department of Health and Human

Services to conduct unannounced investigations of Illinois

tobacco vendors to determine compliance with federal laws

relating to the illegal sale of cigarettes and smokeless

tobacco products to persons under the age of 18.

(14) On or before April 30, 2008 and every 2 years

thereafter, the Commission shall present a written report

to the Governor and the General Assembly that shall be

based on a study of the impact of Public Act 95-634 this

amendatory Act of the 95th General Assembly on the business

of soliciting, selling, and shipping wine from inside and

outside of this State directly to residents of this State.

As part of its report, the Commission shall provide all of

the following information:

(A) The amount of State excise and sales tax

revenues generated.

(B) The amount of licensing fees received.

(C) The number of cases of wine shipped from inside

and outside of this State directly to residents of this

State.

(D) The number of alcohol compliance operations

conducted.

(E) The number of winery shipper's licenses

issued.

(F) The number of each of the following: reported

violations; cease and desist notices issued by the

Commission; notices of violations issued by the

Commission and to the Department of Revenue; and

notices and complaints of violations to law

enforcement officials, including, without limitation,

the Illinois Attorney General and the U.S. Department

of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

(15) As a means to reduce the underage consumption of

alcoholic liquors, the Commission shall conduct alcohol

compliance operations to investigate whether businesses

that are soliciting, selling, and shipping wine from inside

or outside of this State directly to residents of this

State are licensed by this State or are selling or

attempting to sell wine to persons under 21 years of age in

violation of this Act.

(16) The Commission shall, in addition to notifying any

appropriate law enforcement agency, submit notices of

complaints or violations of Sections 6-29 and 6-29.1 by

persons who do not hold a winery shipper's license under

this amendatory Act to the Illinois Attorney General and to

the U.S. Department of Treasury's Alcohol and Tobacco Tax

and Trade Bureau.

(17) (A) A person licensed to make wine under the laws

of another state who has a winery shipper's license under

this amendatory Act and annually produces less than 25,000

gallons of wine or a person who has 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 under this Act and annually

produces less than 25,000 gallons of wine may make

application to the Commission for a self-distribution

exemption to allow the sale of not more than 5,000 gallons

of the exemption holder's wine to retail licensees per

year.

(B) In the application, which shall be sworn under

penalty of perjury, such person shall state (1) the

date it was established; (2) its volume of production

and sales for each year since its establishment; (3)

its efforts to establish distributor relationships;

(4) that a self-distribution exemption is necessary to

facilitate the marketing of its wine; and (5) that it

will comply with the liquor and revenue laws of the

United States, this State, and any other state where it

is licensed.

(C) The Commission shall approve the application

for a self-distribution exemption if such person: (1)

is in compliance with State revenue and liquor laws;

(2) is not a member of any affiliated group that

produces more than 25,000 gallons of wine per annum or

produces any other alcoholic liquor; (3) will not

annually produce for sale more than 25,000 gallons of

wine; and (4) will not annually sell more than 5,000

gallons of its wine to retail licensees.

(D) A self-distribution exemption holder shall

annually certify to the Commission its production of

wine in the previous 12 months and its anticipated

production and sales for the next 12 months. The

Commission may fine, suspend, or revoke a

self-distribution exemption after a hearing if it

finds that the exemption holder has made a material

misrepresentation in its application, violated a

revenue or liquor law of Illinois, exceeded production

of 25,000 gallons of wine in any calendar year, or

become part of an affiliated group producing more than

25,000 gallons of wine or any other alcoholic liquor.

(E) Except in hearings for violations of this Act

or Public Act 95-634 amendatory Act or a bona fide

investigation by duly sworn law enforcement officials,

the Commission, or its agents, the Commission shall

maintain the production and sales information of a

self-distribution exemption holder as confidential and

shall not release such information to any person.

(F) The Commission shall issue regulations

governing self-distribution exemptions consistent with

this Section and this Act.

(G) Nothing in this subsection (17) shall prohibit

a self-distribution exemption holder from entering

into or simultaneously having a distribution agreement

with a licensed Illinois distributor.

(H) It is the intent of this subsection (17) to

promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system it is necessary to

create an exception for smaller makers of wine as their

wines are frequently adjusted in varietals, mixes,

vintages, and taste to find and create market niches

sometimes too small for distributor or importing

distributor business strategies. Limited

self-distribution rights will afford and allow smaller

makers of wine access to the marketplace in order to

develop a customer base without impairing the

integrity of the 3-tier system.

(18) (A) A class 1 brewer licensee, who must also be

either a licensed brewer or licensed non-resident dealer

and annually manufacture less than 930,000 gallons of beer,

may make application to the State Commission for a

self-distribution exemption to allow the sale of not more

than 232,500 gallons of the exemption holder's beer to

retail licensees per year.

(B) In the application, which shall be sworn under

penalty of perjury, the class 1 brewer licensee shall

state (1) the date it was established; (2) its volume

of beer manufactured and sold for each year since its

establishment; (3) its efforts to establish

distributor relationships; (4) that a

self-distribution exemption is necessary to facilitate

the marketing of its beer; and (5) that it will comply

with the alcoholic beverage and revenue laws of the

United States, this State, and any other state where it

is licensed.

(C) Any application submitted shall be posted on

the State Commission's website at least 45 days prior

to action by the State Commission. The State Commission

shall approve the application for a self-distribution

exemption if the class 1 brewer licensee: (1) is in

compliance with the State, revenue, and alcoholic

beverage laws; (2) is not a member of any affiliated

group that manufactures manufacturers more than

930,000 gallons of beer per annum or produces any other

alcoholic beverages; (3) shall not annually

manufacture for sale more than 930,000 gallons of beer;

(4) shall not annually sell more than 232,500 gallons

of its beer to retail licensees; and (5) has

relinquished any brew pub license held by the licensee,

including any ownership interest it held in the

licensed brew pub.

(D) A self-distribution exemption holder shall

annually certify to the State Commission its

manufacture of beer during the previous 12 months and

its anticipated manufacture and sales of beer for the

next 12 months. The State Commission may fine, suspend,

or revoke a self-distribution exemption after a

hearing if it finds that the exemption holder has made

a material misrepresentation in its application,

violated a revenue or alcoholic beverage law of

Illinois, exceeded the manufacture of 930,000 gallons

of beer in any calendar year or became part of an

affiliated group manufacturing more than 930,000

gallons of beer or any other alcoholic beverage.

(E) The State Commission shall issue rules and

regulations governing self-distribution exemptions

consistent with this Act.

(F) Nothing in this paragraph (18) shall prohibit a

self-distribution exemption holder from entering into

or simultaneously having a distribution agreement with

a licensed Illinois importing distributor or a

distributor. If a self-distribution exemption holder

enters into a distribution agreement and has assigned

distribution rights to an importing distributor or

distributor, then the self-distribution exemption

holder's distribution rights in the assigned

territories shall cease in a reasonable time not to

exceed 60 days.

(G) It is the intent of this paragraph (18) to

promote and continue orderly markets. The General

Assembly finds that in order to preserve Illinois'

regulatory distribution system, it is necessary to

create an exception for smaller manufacturers in order

to afford and allow such smaller manufacturers of beer

access to the marketplace in order to develop a

customer base without impairing the integrity of the

3-tier system.

(b) On or before April 30, 1999, the Commission shall

present a written report to the Governor and the General

Assembly that shall be based on a study of the impact of Public

Act 90-739 this amendatory Act of 1998 on the business of

soliciting, selling, and shipping alcoholic liquor from

outside of this State directly to residents of this State.

As part of its report, the Commission shall provide the

following information:

(i) the amount of State excise and sales tax revenues

generated as a result of Public Act 90-739 this amendatory

Act of 1998;

(ii) the amount of licensing fees received as a result

of Public Act 90-739 this amendatory Act of 1998;

(iii) the number of reported violations, the number of

cease and desist notices issued by the Commission, the

number of notices of violations issued to the Department of

Revenue, and the number of notices and complaints of

violations to law enforcement officials.

(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;

98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;

revised 9-13-16.)

(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,

(s) Craft distiller tasting permit.

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), 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.

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), 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.

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 100,000 March 1, 2013 (Public Act 97-1166)

gallons of spirits by distillation per year and the storage of

such spirits. If a craft distiller licensee, including a craft

distiller licensee who holds more than one craft distiller

license, is not affiliated with any other manufacturer of

spirits, 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. A craft distiller license holder may store such

spirits at a non-contiguous licensed location, but at no time

shall a craft distiller license holder directly or indirectly

produce in the aggregate more than 100,000 gallons of spirits

per year.

A craft distiller licensee may hold more than one craft

distiller's license. However, a craft distiller that holds more

than one craft distiller license shall not manufacture, in the

aggregate, more than 100,000 gallons of spirits by distillation

per year and shall not sell, in the aggregate, more than 2,500

gallons of such spirits to non-licensees in accordance with an

exemption approved by the State 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) 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. No person licensed as a

distributor shall be granted a non-resident dealer's license.

(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. No person licensed as an

importing distributor shall be granted a non-resident dealer's

license.

(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 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. No person licensed as a

non-resident dealer shall be granted a distributor's or

importing distributor's license.

(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 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 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 all addresses from which the

applicant for a winery shipper's license intends to ship wine,

including the name and address of any third party, except for a

common carrier, authorized to ship wine on behalf of the

manufacturer. 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,

and an acknowledgement that the wine manufacturer is in

compliance with Section 6-2 of this Act. Any third party,

except for a common carrier, authorized to ship wine on behalf

of a first-class or second-class wine manufacturer's licensee,

a first-class or second-class wine-maker's licensee, a limited

wine manufacturer's licensee, or a person who is licensed to

make wine under the laws of another state shall also be

disclosed by the winery shipper's licensee, and a copy of the

written appointment of the third-party wine provider, except

for a common carrier, to the wine manufacturer shall be filed

with the State Commission as a supplement to the winery

shipper's license application or any renewal thereof. The

winery shipper's license holder shall affirm under penalty of

perjury, as part of the winery shipper's license application or

renewal, that he or she only ships wine, either directly or

indirectly through a third-party provider, from the licensee's

own production.

Except for a common carrier, a third-party provider

shipping wine on behalf of a winery shipper's license holder is

the agent of the winery shipper's license holder and, as such,

a winery shipper's license holder is responsible for the acts

and omissions of the third-party provider acting on behalf of

the license holder. A third-party provider, except for a common

carrier, that engages in shipping wine into Illinois on behalf

of a winery shipper's license holder shall consent to the

jurisdiction of the State Commission and the State. Any

third-party, except for a common carrier, holding such an

appointment shall, by February 1 of each calendar year, file

with the State Commission a statement detailing each shipment

made to an Illinois resident. The State Commission shall adopt

rules as soon as practicable to implement the requirements of

Public Act 99-904 this amendatory Act of the 99th General

Assembly and shall adopt rules prohibiting any such third-party

appointment of a third-party provider, except for a common

carrier, that has been deemed by the State Commission to have

violated the provisions of this Act with regard to any winery

shipper licensee.

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 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.

(s) A craft distiller tasting permit license shall allow an

Illinois licensed craft distiller to transfer a portion of its

alcoholic liquor inventory from its craft distiller licensed

premises to the premises specified in the license hereby

created and to conduct a sampling, only in the premises

specified in the license hereby created, of the transferred

alcoholic liquor in accordance with subsection (c) of Section

6-31 of this Act. The transferred alcoholic liquor may not be

sold or resold in any form. An applicant for the craft

distiller tasting 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.

(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; 99-642, eff.

7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904,

eff. 1-1-17; revised 9-15-16.)

(235 ILCS 5/5-3) (from Ch. 43, par. 118)

Sec. 5-3. License fees. Except as otherwise provided

herein, at the time application is made to the State Commission

for a license of any class, the applicant shall pay to the

State Commission the fee hereinafter provided for the kind of

license applied for.

The fee for licenses issued by the State Commission shall

be as follows:

For a manufacturer's license:

Online Initial renewal license or non-online renewal

For a manufacturer's license: Class 1. Distiller ................. $4,000 $5,000 Class 2. Rectifier ................. 4,000 5,000 Class 3. Brewer .................... 1,200 1,500 Class 4. First-class Wine Manufacturer ................... 750 900 Class 5. Second-class Wine Manufacturer .............. 1,500 1,750 Class 6. First-class wine-maker .... 750 900 Class 7. Second-class wine-maker ... 1,500 1,750 Class 8. Limited Wine Manufacturer.................... 250 350 Class 9. Craft Distiller............ 2,000 2,500 Class 10. Class 1 Brewer............ 50 75 Class 11. Class 2 Brewer............ 75 100 For a Brew Pub License.............. 1,200 1,500 For a caterer retailer's license.... 350 500 For a foreign importer's license ... 25 25 For an importing distributor's license......................... 25 25 For a distributor's license (11,250,000 gallons or over)........................ 1,450 2,200 For a distributor's license (over 4,500,000 gallons, but under 11,250,000 gallons)....... 950 1,450

For a distributor's license (4,500,000 gallons or under).... 300 450 For a non-resident dealer's license (500,000 gallons or over) ...... 1,200 1,500 For a non-resident dealer's license (under 500,000 gallons) ........ 250 350 For a wine-maker's premises license ........................ 250 500 For a winery shipper's license (under 250,000 gallons)......... 200 350 For a winery shipper's license (250,000 or over, but under 500,000 gallons).......... 750 1,000 For a winery shipper's license (500,000 gallons or over)....... 1,200 1,500 For a wine-maker's premises license, second location ................ 500 1,000 For a wine-maker's premises license, third location ................. 500 1,000 For a retailer's license ........... 600 750 For a special event retailer's license, (not-for-profit) ...... 25 25 For a special use permit license, one day only ................... 100 150 2 days or more ................. 150 250 For a railroad license ............. 100 150

For a boat license ................. 500 1,000 For an airplane license, times the licensee's maximum number of aircraft in flight, serving liquor over the State at any given time, which either originate, terminate, or make an intermediate stop in the State....................... 100 150 For a non-beverage user's license: Class 1 ........................ 24 24 Class 2 ........................ 60 60 Class 3 ........................ 120 120 Class 4 ........................ 240 240 Class 5 ........................ 600 600 For a broker's license ............. 750 1,000 For an auction liquor license ...... 100 150 For a homebrewer special event permit.................... 25 25 For a craft distiller tasting permit.................. 25 25 For a BASSET trainer license........ 300 350 For a tasting representative license......................... 200 300

Fees collected under this Section shall be paid into the

Dram Shop Fund. On and after July 1, 2003 and until June 30,

2016, of the funds received for a retailer's license, in

addition to the first $175, an additional $75 shall be paid

into the Dram Shop Fund, and $250 shall be paid into the

General Revenue Fund. On and after June 30, 2016, one-half of

the funds received for a retailer's license shall be paid into

the Dram Shop Fund and one-half of the funds received for a

retailer's license shall be paid into the General Revenue Fund.

Beginning June 30, 1990 and on June 30 of each subsequent year

through June 29, 2003, any balance over $5,000,000 remaining in

the Dram Shop Fund shall be credited to State liquor licensees

and applied against their fees for State liquor licenses for

the following year. The amount credited to each licensee shall

be a proportion of the balance in the Dram Fund that is the

same as the proportion of the license fee paid by the licensee

under this Section for the period in which the balance was

accumulated to the aggregate fees paid by all licensees during

that period.

No fee shall be paid for licenses issued by the State

Commission to the following non-beverage users:

(a) Hospitals, sanitariums, or clinics when their use

of alcoholic liquor is exclusively medicinal, mechanical

or scientific.

(b) Universities, colleges of learning or schools when

their use of alcoholic liquor is exclusively medicinal,

mechanical or scientific.

(c) Laboratories when their use is exclusively for the

purpose of scientific research.

(Source: P.A. 98-55, eff. 7-5-13; 99-448, eff. 8-24-15; 99-902,

eff. 8-26-16; 99-904, eff. 8-26-16; revised 9-13-16.)

(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, a craft

distiller's license, or a wine manufacturer's license; and no

person or persons licensed as a distiller or craft 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, including a person

who holds more than one craft distiller license, 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.

A craft distiller license holder shall not deliver any

alcoholic liquor to any non-licensee off the licensed premises.

A craft distiller shall affirm in its annual craft distiller's

license application that it does not produce more than 100,000

gallons of distilled spirits annually and that the craft

distiller does not sell more than 2,500 gallons of spirits to

non-licensees for on or off-premises consumption. In the

application, which shall be sworn under penalty of perjury, the

craft distiller shall state the volume of production and sales

for each year since the craft distiller's establishment.

(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

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;

99-642, eff. 7-28-16; 99-902, eff. 8-26-16; revised 10-25-16.)

(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).

(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), 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) 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); 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.

(ggg) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant or lobby coffee house 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) a residential retirement home formerly operated on

the premises and the premises are being converted into a

new apartment living complex containing studio and

one-bedroom apartments with ground floor retail space;

(2) the restaurant and lobby coffee house are located

within a Community Shopping District within the

municipality;

(3) the premises are located in a single-building,

mixed-use complex that, in addition to the restaurant and

lobby coffee house, contains apartment residences, a

fitness center for the residents of the apartment building,

a lobby designed as a social center for the residents, a

rooftop deck, and a patio with a dog run for the exclusive

use of the residents;

(4) the sale of alcoholic liquor is not the primary

business activity of the apartment complex, restaurant, or

lobby coffee house;

(5) the entrance to the apartment residence is more

than 310 feet from the entrance to the school and church;

(6) the entrance to the apartment residence is located

at the end of the block around the corner from the south

side of the school building;

(7) the school is affiliated with the church;

(8) the pastor of the parish, principal of the school,

and the titleholder to the church and school have given

written consent to the issuance of the license;

(9) the alderman of the ward in which the premises are

located has given written consent to the issuance of the

license; and

(10) the neighborhood block club has given written

consent to the issuance of the license.

(hhh) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of a license to sell alcoholic liquor at premises

located within a municipality with a population in excess of

1,000,000 inhabitants and within 100 feet of a home for

indigent persons or a church if:

(1) a restaurant operates on the premises and has been

in operation since January of 2014;

(2) the sale of alcoholic liquor is incidental to the

sale of food;

(3) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(4) the premises occupy the first floor of a 3-story

building that is at least 100 years old;

(5) the primary entrance to the premises is more than

100 feet from the primary entrance to the home for indigent

persons, which opened in 1989 and is operated to address

homelessness and provide shelter;

(6) the primary entrance to the premises and the

primary entrance to the home for indigent persons are

located on different streets;

(7) the executive director of the home for indigent

persons has given written consent to the issuance of the

license;

(8) the entrance to the premises is located within 100

feet of a Buddhist temple;

(9) the entrance to the premises is more than 100 feet

from where any worship or educational programming is

conducted by the Buddhist temple and is located in an area

used only for other purposes; and

(10) the president and the board of directors of the

Buddhist temple have given written consent to the issuance

of the license.

(iii) 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 in excess of

1,000,000 inhabitants and within 100 feet of a home for the

aged if:

(1) the sale of alcoholic liquor is not the principal

business carried on by the licensee on the premises;

(2) the sale of alcoholic liquor at the premises is

incidental to the operation of a restaurant;

(3) the premises are on the ground floor of a

multi-floor, university-affiliated housing facility;

(4) the premises occupy 1,916 square feet of space,

with the total square footage from which liquor will be

sold, served, and consumed to be 900 square feet;

(5) the premises are separated from the home for the

aged by an alley;

(6) the primary entrance to the premises and the

primary entrance to the home for the aged are at least 500

feet apart and located on different streets;

(7) representatives of the home for the aged have

expressed, in writing, that the home does not object to the

issuance of a license under this subsection; and

(8) the alderman of the ward in which the restaurant is

located has expressed, in writing, his or her support for

the issuance of the license.

(jjj) 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) as of January 1, 2016, the premises were used for

the sale of alcoholic liquor for consumption on the

premises and were authorized to do so pursuant to a retail

tavern license held by an individual as the sole proprietor

of the premises;

(2) the primary entrance to the school and the primary

entrance to the premises are on the same street;

(3) the school was founded in 1949;

(4) the building in which the premises are situated was

constructed before 1930;

(5) the building in which the premises are situated is

immediately across the street from the school; and

(6) the school has not indicated its opposition to the

issuance or renewal of the license in writing.

(kkk) (Blank).

(lll) 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 synagogue or school 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 are located on the same street on

which the synagogue or school is located;

(4) the primary entrance to the premises and the

closest entrance to the synagogue or school is at least 100

feet apart;

(5) the shortest distance between the premises and the

synagogue or school is at least 65 feet apart and no

greater than 70 feet apart;

(6) the premises are between 1,800 and 2,000 square

feet;

(7) the synagogue was founded in 1861; and

(8) the leader of the synagogue has indicated, in

writing, the synagogue's support for the issuance or

renewal of the license.

(mmm) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant or lobby coffee house 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 sale of food in a restaurant;

(3) the restaurant has been run by the same family for

at least 19 consecutive years;

(4) the premises are located in a 3-story building in

the most easterly part of the first floor;

(5) the building in which the premises are located has

residential housing on the second and third floors;

(6) the primary entrance to the premises is on a

north-south street around the corner and across an alley

from the primary entrance to the church, which is on an

east-west street;

(7) the primary entrance to the church and the primary

entrance to the premises are more than 160 feet apart; and

(8) the church has expressed, in writing, its support

for the issuance of a license under this subsection.

(nnn) Notwithstanding any provision of this Section to the

contrary, nothing in this Section shall prohibit the issuance

or renewal of licenses authorizing the sale of alcoholic liquor

within a restaurant or lobby coffee house at premises located

within a municipality with a population in excess of 1,000,000

inhabitants and within 100 feet of a school and church or

synagogue 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 in a restaurant;

(3) the front door of the synagogue faces east on the

next north-south street east of and parallel to the

north-south street on which the restaurant is located where

the restaurant's front door faces west;

(4) the closest exterior pedestrian entrance that

leads to the school or the synagogue is across an east-west

street and at least 300 feet from the primary entrance to

the restaurant;

(5) the nearest church-related or school-related

building is a community center building;

(6) the restaurant is on the ground floor of a 3-story

building constructed in 1896 with a brick façade;

(7) the restaurant shares the ground floor with a

theater, and the second and third floors of the building in

which the restaurant is located consists of residential

housing;

(8) the leader of the synagogue and school has

expressed, in writing, that the synagogue does not object

to the issuance of a license under this subsection; and

(9) 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.

(ooo) 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 2,000 but less than 5,000 inhabitants

in a county with a population in excess of 3,000,000 and within

100 feet of a home for the aged if:

(1) as of March 1, 2016, the premises were used to sell

alcohol pursuant to a retail tavern and packaged goods

license issued by the municipality and held by a limited

liability company as the proprietor of the premises;

(2) the home for the aged was completed in 2015;

(3) the home for the aged is a 5-story structure;

(4) the building in which the premises are situated is

directly adjacent to the home for the aged;

(5) the building in which the premises are situated was

constructed before 1950;

(6) the home for the aged has not indicated its

opposition to the issuance or renewal of the license; and

(7) the president of the municipality has expressed in

writing that he or she does not object to the issuance or

renewal of the license.

(ppp) 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 churches if:

(1) the shortest distance between the premises and a

church is at least 78 feet apart and no greater than 95

feet apart;

(2) the premises are a single-story, brick commercial

building and at least 5,067 square feet and were

constructed in 1922;

(3) the premises are located in a B3-2 zoning district;

(4) the premises are separated from the buildings

containing the churches by a street;

(5) the previous owners of the business located on the

premises held a liquor license for at least 10 years;

(6) the new owner of the business located on the

premises has managed 2 other food and liquor stores since

1997;

(7) the principal religious leaders at the places of

worship have indicated their support for the issuance or

renewal of the license in writing; and

(8) the alderman of the ward in which the premises are

located has indicated his or her support for the issuance

or renewal of the license in writing.

(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; 99-558,

eff. 7-15-16; 99-642, eff. 7-28-16; revised 10-27-16.)

(235 ILCS 5/6-15) (from Ch. 43, par. 130)

Sec. 6-15. No alcoholic liquors shall be sold or delivered

in any building belonging to or under the control of the State

or any political subdivision thereof except as provided in this

Act. The corporate authorities of any city, village,

incorporated town, township, or county may provide by

ordinance, however, that alcoholic liquor may be sold or

delivered in any specifically designated building belonging to

or under the control of the municipality, township, or county,

or in any building located on land under the control of the

municipality, township, or county; provided that such township

or county complies with all applicable local ordinances in any

incorporated area of the township or county. Alcoholic liquor

may be delivered to and sold under the authority of a special

use permit on any property owned by a conservation district

organized under the Conservation District Act, provided that

(i) the alcoholic liquor is sold only at an event authorized by

the governing board of the conservation district, (ii) the

issuance of the special use permit is authorized by the local

liquor control commissioner of the territory in which the

property is located, and (iii) the special use permit

authorizes the sale of alcoholic liquor for one day or less.

Alcoholic liquors may be delivered to and sold at any airport

belonging to or under the control of a municipality of more

than 25,000 inhabitants, or in any building or on any golf

course owned by a park district organized under the Park

District Code, subject to the approval of the governing board

of the district, or in any building or on any golf course owned

by a forest preserve district organized under the Downstate

Forest Preserve District Act, subject to the approval of the

governing board of the district, or on the grounds within 500

feet of any building owned by a forest preserve district

organized under the Downstate Forest Preserve District Act

during times when food is dispensed for consumption within 500

feet of the building from which the food is dispensed, subject

to the approval of the governing board of the district, or in a

building owned by a Local Mass Transit District organized under

the Local Mass Transit District Act, subject to the approval of

the governing Board of the District, or in Bicentennial Park,

or on the premises of the City of Mendota Lake Park located

adjacent to Route 51 in Mendota, Illinois, or on the premises

of Camden Park in Milan, Illinois, or in the community center

owned by the City of Loves Park that is located at 1000 River

Park Drive in Loves Park, Illinois, or, in connection with the

operation of an established food serving facility during times

when food is dispensed for consumption on the premises, and at

the following aquarium and museums located in public parks: Art

Institute of Chicago, Chicago Academy of Sciences, Chicago

Historical Society, Field Museum of Natural History, Museum of

Science and Industry, DuSable Museum of African American

History, John G. Shedd Aquarium and Adler Planetarium, or at

Lakeview Museum of Arts and Sciences in Peoria, or in

connection with the operation of the facilities of the Chicago

Zoological Society or the Chicago Horticultural Society on land

owned by the Forest Preserve District of Cook County, or on any

land used for a golf course or for recreational purposes owned

by the Forest Preserve District of Cook County, subject to the

control of the Forest Preserve District Board of Commissioners

and applicable local law, provided that dram shop liability

insurance is provided at maximum coverage limits so as to hold

the District harmless from all financial loss, damage, and

harm, or in any building located on land owned by the Chicago

Park District if approved by the Park District Commissioners,

or on any land used for a golf course or for recreational

purposes and owned by the Illinois International Port District

if approved by the District's governing board, or at any

airport, golf course, faculty center, or facility in which

conference and convention type activities take place belonging

to or under control of any State university or public community

college district, provided that with respect to a facility for

conference and convention type activities alcoholic liquors

shall be limited to the use of the convention or conference

participants or participants in cultural, political or

educational activities held in such facilities, and provided

further that the faculty or staff of the State university or a

public community college district, or members of an

organization of students, alumni, faculty or staff of the State

university or a public community college district are active

participants in the conference or convention, or in Memorial

Stadium on the campus of the University of Illinois at

Urbana-Champaign during games in which the Chicago Bears

professional football team is playing in that stadium during

the renovation of Soldier Field, not more than one and a half

hours before the start of the game and not after the end of the

third quarter of the game, or in the Pavilion Facility on the

campus of the University of Illinois at Chicago during games in

which the Chicago Storm professional soccer team is playing in

that facility, not more than one and a half hours before the

start of the game and not after the end of the third quarter of

the game, or in the Pavilion Facility on the campus of the

University of Illinois at Chicago during games in which the

WNBA professional women's basketball team is playing in that

facility, not more than one and a half hours before the start

of the game and not after the 10-minute mark of the second half

of the game, or by a catering establishment which has rented

facilities from a board of trustees of a public community

college district, or in a restaurant that is operated by a

commercial tenant in the North Campus Parking Deck building

that (1) is located at 1201 West University Avenue, Urbana,

Illinois and (2) is owned by the Board of Trustees of the

University of Illinois, or, if approved by the District board,

on land owned by the Metropolitan Sanitary District of Greater

Chicago and leased to others for a term of at least 20 years.

Nothing in this Section precludes the sale or delivery of

alcoholic liquor in the form of original packaged goods in

premises located at 500 S. Racine in Chicago belonging to the

University of Illinois and used primarily as a grocery store by

a commercial tenant during the term of a lease that predates

the University's acquisition of the premises; but the

University shall have no power or authority to renew, transfer,

or extend the lease with terms allowing the sale of alcoholic

liquor; and the sale of alcoholic liquor shall be subject to

all local laws and regulations. After the acquisition by

Winnebago County of the property located at 404 Elm Street in

Rockford, a commercial tenant who sold alcoholic liquor at

retail on a portion of the property under a valid license at

the time of the acquisition may continue to do so for so long

as the tenant and the County may agree under existing or future

leases, subject to all local laws and regulations regarding the

sale of alcoholic liquor. Alcoholic liquors may be delivered to

and sold at Memorial Hall, located at 211 North Main Street,

Rockford, under conditions approved by Winnebago County and

subject to all local laws and regulations regarding the sale of

alcoholic liquor. Each facility shall provide dram shop

liability in maximum insurance coverage limits so as to save

harmless the State, municipality, State university, airport,

golf course, faculty center, facility in which conference and

convention type activities take place, park district, Forest

Preserve District, public community college district,

aquarium, museum, or sanitary district from all financial loss,

damage or harm. Alcoholic liquors may be sold at retail in

buildings of golf courses owned by municipalities or Illinois

State University in connection with the operation of an

established food serving facility during times when food is

dispensed for consumption upon the premises. Alcoholic liquors

may be delivered to and sold at retail in any building owned by

a fire protection district organized under the Fire Protection

District Act, provided that such delivery and sale is approved

by the board of trustees of the district, and provided further

that such delivery and sale is limited to fundraising events

and to a maximum of 6 events per year. However, the limitation

to fundraising events and to a maximum of 6 events per year

does not apply to the delivery, sale, or manufacture of

alcoholic liquors at the building located at 59 Main Street in

Oswego, Illinois, owned by the Oswego Fire Protection District

if the alcoholic liquor is sold or dispensed as approved by the

Oswego Fire Protection District and the property is no longer

being utilized for fire protection purposes.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of the University of

Illinois for events that the Board may determine are public

events and not related student activities. The Board of

Trustees shall issue a written policy within 6 months of August

15, 2008 (the effective date of Public Act 95-847) this

amendatory Act of the 95th General Assembly concerning the

types of events that would be eligible for an exemption.

Thereafter, the Board of Trustees may issue revised, updated,

new, or amended policies as it deems necessary and appropriate.

In preparing its written policy, the Board of Trustees shall,

among other factors it considers relevant and important, give

consideration to the following: (i) whether the event is a

student activity or student related activity; (ii) whether the

physical setting of the event is conducive to control of liquor

sales and distribution; (iii) the ability of the event operator

to ensure that the sale or serving of alcoholic liquors and the

demeanor of the participants are in accordance with State law

and University policies; (iv) regarding the anticipated

attendees at the event, the relative proportion of individuals

under the age of 21 to individuals age 21 or older; (v) the

ability of the venue operator to prevent the sale or

distribution of alcoholic liquors to individuals under the age

of 21; (vi) whether the event prohibits participants from

removing alcoholic beverages from the venue; and (vii) whether

the event prohibits participants from providing their own

alcoholic liquors to the venue. In addition, any policy

submitted by the Board of Trustees to the Illinois Liquor

Control Commission must require that any event at which

alcoholic liquors are served or sold in buildings under the

control of the Board of Trustees shall require the prior

written approval of the Office of the Chancellor for the

University campus where the event is located. The Board of

Trustees shall submit its policy, and any subsequently revised,

updated, new, or amended policies, to the Illinois Liquor

Control Commission, and any University event, or location for

an event, exempted under such policies shall apply for a

license under the applicable Sections of this Act.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Northern Illinois

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after

June 28, 2011 (the effective date of Public Act 97-45)

concerning the types of events that would be eligible for an

exemption. Thereafter, the Board of Trustees may issue revised,

updated, new, or amended policies as it deems necessary and

appropriate. In preparing its written policy, the Board of

Trustees shall, in addition to other factors it considers

relevant and important, give consideration to the following:

(i) whether the event is a student activity or student-related

activity; (ii) whether the physical setting of the event is

conducive to control of liquor sales and distribution; (iii)

the ability of the event operator to ensure that the sale or

serving of alcoholic liquors and the demeanor of the

participants are in accordance with State law and University

policies; (iv) the anticipated attendees at the event and the

relative proportion of individuals under the age of 21 to

individuals age 21 or older; (v) the ability of the venue

operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Chicago State

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after

August 2, 2013 (the effective date of Public Act 98-132)

concerning the types of events that would be eligible for an

exemption. Thereafter, the Board of Trustees may issue revised,

updated, new, or amended policies as it deems necessary and

appropriate. In preparing its written policy, the Board of

Trustees shall, in addition to other factors it considers

relevant and important, give consideration to the following:

(i) whether the event is a student activity or student-related

activity; (ii) whether the physical setting of the event is

conducive to control of liquor sales and distribution; (iii)

the ability of the event operator to ensure that the sale or

serving of alcoholic liquors and the demeanor of the

participants are in accordance with State law and University

policies; (iv) the anticipated attendees at the event and the

relative proportion of individuals under the age of 21 to

individuals age 21 or older; (v) the ability of the venue

operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Illinois State

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after

March 1, 2013 (the effective date of Public Act 97-1166) this

amendatory Act of the 97th General Assembly concerning the

types of events that would be eligible for an exemption.

Thereafter, the Board of Trustees may issue revised, updated,

new, or amended policies as it deems necessary and appropriate.

In preparing its written policy, the Board of Trustees shall,

in addition to other factors it considers relevant and

important, give consideration to the following: (i) whether the

event is a student activity or student-related activity; (ii)

whether the physical setting of the event is conducive to

control of liquor sales and distribution; (iii) the ability of

the event operator to ensure that the sale or serving of

alcoholic liquors and the demeanor of the participants are in

accordance with State law and University policies; (iv) the

anticipated attendees at the event and the relative proportion

of individuals under the age of 21 to individuals age 21 or

older; (v) the ability of the venue operator to prevent the

sale or distribution of alcoholic liquors to individuals under

the age of 21; (vi) whether the event prohibits participants

from removing alcoholic beverages from the venue; and (vii)

whether the event prohibits participants from providing their

own alcoholic liquors to the venue.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of Southern Illinois

University for events that the Board may determine are public

events and not student-related activities. The Board of

Trustees shall issue a written policy within 6 months after

August 12, 2016 (the effective date of Public Act 99-795) this

amendatory Act of the 99th General Assembly concerning the

types of events that would be eligible for an exemption.

Thereafter, the Board of Trustees may issue revised, updated,

new, or amended policies as it deems necessary and appropriate.

In preparing its written policy, the Board of Trustees shall,

in addition to other factors it considers relevant and

important, give consideration to the following: (i) whether the

event is a student activity or student-related activity; (ii)

whether the physical setting of the event is conducive to

control of liquor sales and distribution; (iii) the ability of

the event operator to ensure that the sale or serving of

alcoholic liquors and the demeanor of the participants are in

accordance with State law and University policies; (iv) the

anticipated attendees at the event and the relative proportion

of individuals under the age of 21 to individuals age 21 or

older; (v) the ability of the venue operator to prevent the

sale or distribution of alcoholic liquors to individuals under

the age of 21; (vi) whether the event prohibits participants

from removing alcoholic beverages from the venue; and (vii)

whether the event prohibits participants from providing their

own alcoholic liquors to the venue.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of a public university for

events that the Board of Trustees of that public university may

determine are public events and not student-related

activities. If the Board of Trustees of a public university has

not issued a written policy pursuant to an exemption under this

Section on or before July 15, 2016 (the effective date of

Public Act 99-550) this amendatory Act of the 99th General

Assembly, then that Board of Trustees shall issue a written

policy within 6 months after July 15, 2016 (the effective date

of Public Act 99-550) this amendatory Act of the 99th General

Assembly concerning the types of events that would be eligible

for an exemption. Thereafter, the Board of Trustees may issue

revised, updated, new, or amended policies as it deems

necessary and appropriate. In preparing its written policy, the

Board of Trustees shall, in addition to other factors it

considers relevant and important, give consideration to the

following: (i) whether the event is a student activity or

student-related activity; (ii) whether the physical setting of

the event is conducive to control of liquor sales and

distribution; (iii) the ability of the event operator to ensure

that the sale or serving of alcoholic liquors and the demeanor

of the participants are in accordance with State law and

University policies; (iv) the anticipated attendees at the

event and the relative proportion of individuals under the age

of 21 to individuals age 21 or older; (v) the ability of the

venue operator to prevent the sale or distribution of alcoholic

liquors to individuals under the age of 21; (vi) whether the

event prohibits participants from removing alcoholic beverages

from the venue; and (vii) whether the event prohibits

participants from providing their own alcoholic liquors to the

venue. As used in this paragraph, "public university" means the

University of Illinois, Illinois State University, Chicago

State University, Governors State University, Southern

Illinois University, Northern Illinois University, Eastern

Illinois University, Western Illinois University, and

Northeastern Illinois University.

Alcoholic liquors may be served or sold in buildings under

the control of the Board of Trustees of a community college

district for events that the Board of Trustees of that

community college district may determine are public events and

not student-related activities. The Board of Trustees shall

issue a written policy within 6 months after July 15, 2016 (the

effective date of Public Act 99-550) this amendatory Act of the

99th General Assembly concerning the types of events that would

be eligible for an exemption. Thereafter, the Board of Trustees

may issue revised, updated, new, or amended policies as it

deems necessary and appropriate. In preparing its written

policy, the Board of Trustees shall, in addition to other

factors it considers relevant and important, give

consideration to the following: (i) whether the event is a

student activity or student-related activity; (ii) whether the

physical setting of the event is conducive to control of liquor

sales and distribution; (iii) the ability of the event operator

to ensure that the sale or serving of alcoholic liquors and the

demeanor of the participants are in accordance with State law

and community college district policies; (iv) the anticipated

attendees at the event and the relative proportion of

individuals under the age of 21 to individuals age 21 or older;

(v) the ability of the venue operator to prevent the sale or

distribution of alcoholic liquors to individuals under the age

of 21; (vi) whether the event prohibits participants from

removing alcoholic beverages from the venue; and (vii) whether

the event prohibits participants from providing their own

alcoholic liquors to the venue. This paragraph does not apply

to any community college district authorized to sell or serve

alcoholic liquor under any other provision of this Section.

Alcoholic liquor may be delivered to and sold at retail in

the Dorchester Senior Business Center owned by the Village of

Dolton if the alcoholic liquor is sold or dispensed only in

connection with organized functions for which the planned

attendance is 20 or more persons, and if the person or facility

selling or dispensing the alcoholic liquor has provided dram

shop liability insurance in maximum limits so as to hold

harmless the Village of Dolton and the State from all financial

loss, damage and harm.

Alcoholic liquors may be delivered to and sold at retail in

any building used as an Illinois State Armory provided:

(i) the Adjutant General's written consent to the

issuance of a license to sell alcoholic liquor in such

building is filed with the Commission;

(ii) the alcoholic liquor is sold or dispensed only in

connection with organized functions held on special

occasions;

(iii) the organized function is one for which the

planned attendance is 25 or more persons; and

(iv) the facility selling or dispensing the alcoholic

liquors has provided dram shop liability insurance in

maximum limits so as to save harmless the facility and the

State from all financial loss, damage or harm.

Alcoholic liquors may be delivered to and sold at retail in

the Chicago Civic Center, provided that:

(i) the written consent of the Public Building

Commission which administers the Chicago Civic Center is

filed with the Commission;

(ii) the alcoholic liquor is sold or dispensed only in

connection with organized functions held on special

occasions;

(iii) the organized function is one for which the

planned attendance is 25 or more persons;

(iv) the facility selling or dispensing the alcoholic

liquors has provided dram shop liability insurance in

maximum limits so as to hold harmless the Civic Center, the

City of Chicago and the State from all financial loss,

damage or harm; and

(v) all applicable local ordinances are complied with.

Alcoholic liquors may be delivered or sold in any building

belonging to or under the control of any city, village or

incorporated town where more than 75% of the physical

properties of the building is used for commercial or

recreational purposes, and the building is located upon a pier

extending into or over the waters of a navigable lake or stream

or on the shore of a navigable lake or stream. In accordance

with a license issued under this Act, alcoholic liquor may be

sold, served, or delivered in buildings and facilities under

the control of the Department of Natural Resources during

events or activities lasting no more than 7 continuous days

upon the written approval of the Director of Natural Resources

acting as the controlling government authority. The Director of

Natural Resources may specify conditions on that approval,

including but not limited to requirements for insurance and

hours of operation. Notwithstanding any other provision of this

Act, alcoholic liquor sold by a United States Army Corps of

Engineers or Department of Natural Resources concessionaire

who was operating on June 1, 1991 for on-premises consumption

only is not subject to the provisions of Articles IV and IX.

Beer and wine may be sold on the premises of the Joliet Park

District Stadium owned by the Joliet Park District when written

consent to the issuance of a license to sell beer and wine in

such premises is filed with the local liquor commissioner by

the Joliet Park District. Beer and wine may be sold in

buildings on the grounds of State veterans' homes when written

consent to the issuance of a license to sell beer and wine in

such buildings is filed with the Commission by the Department

of Veterans' Affairs, and the facility shall provide dram shop

liability in maximum insurance coverage limits so as to save

the facility harmless from all financial loss, damage or harm.

Such liquors may be delivered to and sold at any property owned

or held under lease by a Metropolitan Pier and Exposition

Authority or Metropolitan Exposition and Auditorium Authority.

Beer and wine may be sold and dispensed at professional

sporting events and at professional concerts and other

entertainment events conducted on premises owned by the Forest

Preserve District of Kane County, subject to the control of the

District Commissioners and applicable local law, provided that

dram shop liability insurance is provided at maximum coverage

limits so as to hold the District harmless from all financial

loss, damage and harm.

Nothing in this Section shall preclude the sale or delivery

of beer and wine at a State or county fair or the sale or

delivery of beer or wine at a city fair in any otherwise lawful

manner.

Alcoholic liquors may be sold at retail in buildings in

State parks under the control of the Department of Natural

Resources, provided:

a. the State park has overnight lodging facilities with

some restaurant facilities or, not having overnight

lodging facilities, has restaurant facilities which serve

complete luncheon and dinner or supper meals,

b. (blank), and

c. the alcoholic liquors are sold by the State park

lodge or restaurant concessionaire only during the hours

from 11 o'clock a.m. until 12 o'clock midnight.

Notwithstanding any other provision of this Act, alcoholic

liquor sold by the State park or restaurant concessionaire

is not subject to the provisions of Articles IV and IX.

Alcoholic liquors may be sold at retail in buildings on

properties under the control of the Historic Sites and

Preservation Division of the Historic Preservation Agency or

the Abraham Lincoln Presidential Library and Museum provided:

a. the property has overnight lodging facilities with

some restaurant facilities or, not having overnight

lodging facilities, has restaurant facilities which serve

complete luncheon and dinner or supper meals,

b. consent to the issuance of a license to sell

alcoholic liquors in the buildings has been filed with the

commission by the Historic Sites and Preservation Division

of the Historic Preservation Agency or the Abraham Lincoln

Presidential Library and Museum, and

c. the alcoholic liquors are sold by the lodge or

restaurant concessionaire only during the hours from 11

o'clock a.m. until 12 o'clock midnight.

The sale of alcoholic liquors pursuant to this Section does

not authorize the establishment and operation of facilities

commonly called taverns, saloons, bars, cocktail lounges, and

the like except as a part of lodge and restaurant facilities in

State parks or golf courses owned by Forest Preserve Districts

with a population of less than 3,000,000 or municipalities or

park districts.

Alcoholic liquors may be sold at retail in the Springfield

Administration Building of the Department of Transportation

and the Illinois State Armory in Springfield; provided, that

the controlling government authority may consent to such sales

only if

a. the request is from a not-for-profit organization;

b. such sales would not impede normal operations of the

departments involved;

c. the not-for-profit organization provides dram shop

liability in maximum insurance coverage limits and agrees

to defend, save harmless and indemnify the State of

Illinois from all financial loss, damage or harm;

d. no such sale shall be made during normal working

hours of the State of Illinois; and

e. the consent is in writing.

Alcoholic liquors may be sold at retail in buildings in

recreational areas of river conservancy districts under the

control of, or leased from, the river conservancy districts.

Such sales are subject to reasonable local regulations as

provided in Article IV; however, no such regulations may

prohibit or substantially impair the sale of alcoholic liquors

on Sundays or Holidays.

Alcoholic liquors may be provided in long term care

facilities owned or operated by a county under Division 5-21 or

5-22 of the Counties Code, when approved by the facility

operator and not in conflict with the regulations of the

Illinois Department of Public Health, to residents of the

facility who have had their consumption of the alcoholic

liquors provided approved in writing by a physician licensed to

practice medicine in all its branches.

Alcoholic liquors may be delivered to and dispensed in

State housing assigned to employees of the Department of

Corrections. No person shall furnish or allow to be furnished

any alcoholic liquors to any prisoner confined in any jail,

reformatory, prison or house of correction except upon a

physician's prescription for medicinal purposes.

Alcoholic liquors may be sold at retail or dispensed at the

Willard Ice Building in Springfield, at the State Library in

Springfield, and at Illinois State Museum facilities by (1) an

agency of the State, whether legislative, judicial or

executive, provided that such agency first obtains written

permission to sell or dispense alcoholic liquors from the

controlling government authority, or by (2) a not-for-profit

organization, provided that such organization:

a. Obtains written consent from the controlling

government authority;

b. Sells or dispenses the alcoholic liquors in a manner

that does not impair normal operations of State offices

located in the building;

c. Sells or dispenses alcoholic liquors only in

connection with an official activity in the building;

d. Provides, or its catering service provides, dram

shop liability insurance in maximum coverage limits and in

which the carrier agrees to defend, save harmless and

indemnify the State of Illinois from all financial loss,

damage or harm arising out of the selling or dispensing of

alcoholic liquors.

Nothing in this Act shall prevent a not-for-profit

organization or agency of the State from employing the services

of a catering establishment for the selling or dispensing of

alcoholic liquors at authorized functions.

The controlling government authority for the Willard Ice

Building in Springfield shall be the Director of the Department

of Revenue. The controlling government authority for Illinois

State Museum facilities shall be the Director of the Illinois

State Museum. The controlling government authority for the

State Library in Springfield shall be the Secretary of State.

Alcoholic liquors may be delivered to and sold at retail or

dispensed at any facility, property or building under the

jurisdiction of the Historic Sites and Preservation Division of

the Historic Preservation Agency or the Abraham Lincoln

Presidential Library and Museum where the delivery, sale or

dispensing is by (1) an agency of the State, whether

legislative, judicial or executive, provided that such agency

first obtains written permission to sell or dispense alcoholic

liquors from a controlling government authority, or by (2) an

individual or organization provided that such individual or

organization:

a. Obtains written consent from the controlling

government authority;

b. Sells or dispenses the alcoholic liquors in a manner

that does not impair normal workings of State offices or

operations located at the facility, property or building;

c. Sells or dispenses alcoholic liquors only in

connection with an official activity of the individual or

organization in the facility, property or building;

d. Provides, or its catering service provides, dram

shop liability insurance in maximum coverage limits and in

which the carrier agrees to defend, save harmless and

indemnify the State of Illinois from all financial loss,

damage or harm arising out of the selling or dispensing of

alcoholic liquors.

The controlling government authority for the Historic

Sites and Preservation Division of the Historic Preservation

Agency shall be the Director of the Historic Sites and

Preservation, and the controlling government authority for the

Abraham Lincoln Presidential Library and Museum shall be the

Director of the Abraham Lincoln Presidential Library and

Museum.

Alcoholic liquors may be delivered to and sold at retail or

dispensed for consumption at the Michael Bilandic Building at

160 North LaSalle Street, Chicago IL 60601, after the normal

business hours of any day care or child care facility located

in the building, by (1) a commercial tenant or subtenant

conducting business on the premises under a lease made pursuant

to Section 405-315 of the Department of Central Management

Services Law (20 ILCS 405/405-315), provided that such tenant

or subtenant who accepts delivery of, sells, or dispenses

alcoholic liquors shall procure and maintain dram shop

liability insurance in maximum coverage limits and in which the

carrier agrees to defend, indemnify, and save harmless the

State of Illinois from all financial loss, damage, or harm

arising out of the delivery, sale, or dispensing of alcoholic

liquors, or by (2) an agency of the State, whether legislative,

judicial, or executive, provided that such agency first obtains

written permission to accept delivery of and sell or dispense

alcoholic liquors from the Director of Central Management

Services, or by (3) a not-for-profit organization, provided

that such organization:

a. obtains written consent from the Department of

Central Management Services;

b. accepts delivery of and sells or dispenses the

alcoholic liquors in a manner that does not impair normal

operations of State offices located in the building;

c. accepts delivery of and sells or dispenses alcoholic

liquors only in connection with an official activity in the

building; and

d. provides, or its catering service provides, dram

shop liability insurance in maximum coverage limits and in

which the carrier agrees to defend, save harmless, and

indemnify the State of Illinois from all financial loss,

damage, or harm arising out of the selling or dispensing of

alcoholic liquors.

Nothing in this Act shall prevent a not-for-profit

organization or agency of the State from employing the services

of a catering establishment for the selling or dispensing of

alcoholic liquors at functions authorized by the Director of

Central Management Services.

Alcoholic liquors may be sold at retail or dispensed at the

James R. Thompson Center in Chicago, subject to the provisions

of Section 7.4 of the State Property Control Act, and 222 South

College Street in Springfield, Illinois by (1) a commercial

tenant or subtenant conducting business on the premises under a

lease or sublease made pursuant to Section 405-315 of the

Department of Central Management Services Law (20 ILCS

405/405-315), provided that such tenant or subtenant who sells

or dispenses alcoholic liquors shall procure and maintain dram

shop liability insurance in maximum coverage limits and in

which the carrier agrees to defend, indemnify and save harmless

the State of Illinois from all financial loss, damage or harm

arising out of the sale or dispensing of alcoholic liquors, or

by (2) an agency of the State, whether legislative, judicial or

executive, provided that such agency first obtains written

permission to sell or dispense alcoholic liquors from the

Director of Central Management Services, or by (3) a

not-for-profit organization, provided that such organization:

a. Obtains written consent from the Department of

Central Management Services;

b. Sells or dispenses the alcoholic liquors in a manner

that does not impair normal operations of State offices

located in the building;

c. Sells or dispenses alcoholic liquors only in

connection with an official activity in the building;

d. Provides, or its catering service provides, dram

shop liability insurance in maximum coverage limits and in

which the carrier agrees to defend, save harmless and

indemnify the State of Illinois from all financial loss,

damage or harm arising out of the selling or dispensing of

alcoholic liquors.

Nothing in this Act shall prevent a not-for-profit

organization or agency of the State from employing the services

of a catering establishment for the selling or dispensing of

alcoholic liquors at functions authorized by the Director of

Central Management Services.

Alcoholic liquors may be sold or delivered at any facility

owned by the Illinois Sports Facilities Authority provided that

dram shop liability insurance has been made available in a

form, with such coverage and in such amounts as the Authority

reasonably determines is necessary.

Alcoholic liquors may be sold at retail or dispensed at the

Rockford State Office Building by (1) an agency of the State,

whether legislative, judicial or executive, provided that such

agency first obtains written permission to sell or dispense

alcoholic liquors from the Department of Central Management

Services, or by (2) a not-for-profit organization, provided

that such organization:

a. Obtains written consent from the Department of

Central Management Services;

b. Sells or dispenses the alcoholic liquors in a manner

that does not impair normal operations of State offices

located in the building;

c. Sells or dispenses alcoholic liquors only in

connection with an official activity in the building;

d. Provides, or its catering service provides, dram

shop liability insurance in maximum coverage limits and in

which the carrier agrees to defend, save harmless and

indemnify the State of Illinois from all financial loss,

damage or harm arising out of the selling or dispensing of

alcoholic liquors.

Nothing in this Act shall prevent a not-for-profit

organization or agency of the State from employing the services

of a catering establishment for the selling or dispensing of

alcoholic liquors at functions authorized by the Department of

Central Management Services.

Alcoholic liquors may be sold or delivered in a building

that is owned by McLean County, situated on land owned by the

county in the City of Bloomington, and used by the McLean

County Historical Society if the sale or delivery is approved

by an ordinance adopted by the county board, and the

municipality in which the building is located may not prohibit

that sale or delivery, notwithstanding any other provision of

this Section. The regulation of the sale and delivery of

alcoholic liquor in a building that is owned by McLean County,

situated on land owned by the county, and used by the McLean

County Historical Society as provided in this paragraph is an

exclusive power and function of the State and is a denial and

limitation under Article VII, Section 6, subsection (h) of the

Illinois Constitution of the power of a home rule municipality

to regulate that sale and delivery.

Alcoholic liquors may be sold or delivered in any building

situated on land held in trust for any school district

organized under Article 34 of the School Code, if the building

is not used for school purposes and if the sale or delivery is

approved by the board of education.

Alcoholic liquors may be delivered to and sold at retail in

any building owned by a public library district, provided that

the delivery and sale is approved by the board of trustees of

that public library district and is limited to library

fundraising events or programs of a cultural or educational

nature. Before the board of trustees of a public library

district may approve the delivery and sale of alcoholic

liquors, the board of trustees of the public library district

must have a written policy that has been approved by the board

of trustees of the public library district governing when and

under what circumstances alcoholic liquors may be delivered to

and sold at retail on property owned by that public library

district. The written policy must (i) provide that no alcoholic

liquor may be sold, distributed, or consumed in any area of the

library accessible to the general public during the event or

program, (ii) prohibit the removal of alcoholic liquor from the

venue during the event, and (iii) require that steps be taken

to prevent the sale or distribution of alcoholic liquor to

persons under the age of 21. Any public library district that

has alcoholic liquor delivered to or sold at retail on property

owned by the public library district shall provide dram shop

liability insurance in maximum insurance coverage limits so as

to save harmless the public library districts from all

financial loss, damage, or harm.

Alcoholic liquors may be sold or delivered in buildings

owned by the Community Building Complex Committee of Boone

County, Illinois if the person or facility selling or

dispensing the alcoholic liquor has provided dram shop

liability insurance with coverage and in amounts that the

Committee reasonably determines are necessary.

Alcoholic liquors may be sold or delivered in the building

located at 1200 Centerville Avenue in Belleville, Illinois and

occupied by either the Belleville Area Special Education

District or the Belleville Area Special Services Cooperative.

Alcoholic liquors may be delivered to and sold at the Louis

Joliet Renaissance Center, City Center Campus, located at 214

N. Ottawa Street, Joliet, and the Food Services/Culinary Arts

Department facilities, Main Campus, located at 1215 Houbolt

Road, Joliet, owned by or under the control of Joliet Junior

College, Illinois Community College District No. 525.

Alcoholic liquors may be delivered to and sold at Triton

College, Illinois Community College District No. 504.

Alcoholic liquors may be delivered to and sold at the

College of DuPage, Illinois Community College District No. 502.

Alcoholic liquors may be delivered to and sold on any

property owned, operated, or controlled by Lewis and Clark

Community College, Illinois Community College District No.

536.

Alcoholic liquors may be delivered to and sold at the

building located at 446 East Hickory Avenue in Apple River,

Illinois, owned by the Apple River Fire Protection District,

and occupied by the Apple River Community Association if the

alcoholic liquor is sold or dispensed only in connection with

organized functions approved by the Apple River Community

Association for which the planned attendance is 20 or more

persons and if the person or facility selling or dispensing the

alcoholic liquor has provided dram shop liability insurance in

maximum limits so as to hold harmless the Apple River Fire

Protection District, the Village of Apple River, and the Apple

River Community Association from all financial loss, damage,

and harm.

Alcoholic liquors may be delivered to and sold at the Sikia

Restaurant, Kennedy King College Campus, located at 740 West

63rd Street, Chicago, and at the Food Services in the Great

Hall/Washburne Culinary Institute Department facility, Kennedy

King College Campus, located at 740 West 63rd Street, Chicago,

owned by or under the control of City Colleges of Chicago,

Illinois Community College District No. 508.

(Source: P.A. 98-132, eff. 8-2-13; 98-201, eff. 8-9-13; 98-692,

eff. 7-1-14; 98-756, eff. 7-16-14; 98-1092, eff. 8-26-14;

99-78, eff. 7-20-15; 99-484, eff. 10-30-15; 99-550, eff.

7-15-16; 99-559, eff. 7-15-16; 99-795, eff. 8-12-16; revised

9-16-16.)

(235 ILCS 5/6-28.5)

Sec. 6-28.5. Permitted happy hours and meal packages, party

packages, and entertainment packages.

(a) As used in this Section:

"Dedicated event space" means a room or rooms or other

clearly delineated space within a retail licensee's premises

that is reserved for the exclusive use of party package

invitees during the entirety of a party package. Furniture,

stanchions and ropes, or other room dividers may be used to

clearly delineate a dedicated event space.

"Meal package" means a food and beverage package, which may

or may not include entertainment, where the service of

alcoholic liquor is an accompaniment to the food, including,

but not limited to, a meal, tour, tasting, or any combination

thereof for a fixed price by a retail licensee or any other

licensee operating within a sports facility, restaurant,

winery, brewery, or distillery.

"Party package" means a private party, function, or event

for a specific social or business occasion, either arranged by

invitation or reservation for a defined number of individuals,

that is not open to the general public and where attendees are

served both food and alcohol for a fixed price in a dedicated

event space.

(b) A retail licensee may:

(1) offer free food or entertainment at any time;

(2) include drinks of alcoholic liquor as part of a

meal package;

(3) sell or offer for sale a party package only if the

retail licensee:

(A) offers food in the dedicated event space;

(B) limits the party package to no more than 3

hours;

(C) distributes wristbands, lanyards, shirts, or

any other such wearable items to identify party package

attendees so the attendees may be granted access to the

dedicated event space; and

(D) excludes individuals not participating in the

party package from the dedicated event space;

(4) include drinks of alcoholic liquor as part of a

hotel package;

(5) negotiate drinks of alcoholic liquor as part of a

hotel package;

(6) provide room service to persons renting rooms at a

hotel;

(7) sell pitchers (or the equivalent, including, but

not limited to, buckets of bottled beer), carafes, or

bottles of alcoholic liquor which are customarily sold in

such manner, or sell bottles of spirits;

(8) advertise events permitted under this Section;

(9) include drinks of alcoholic liquor as part of an

entertainment package where the licensee is separately

licensed by a municipal ordinance that (A) restricts dates

of operation to dates during which there is an event at an

adjacent stadium, (B) restricts hours of serving alcoholic

liquor to 2 hours before the event and one hour after the

event, (C) restricts alcoholic liquor sales to beer and

wine, (D) requires tickets for admission to the

establishment, and (E) prohibits sale of admission tickets

on the day of an event and permits the sale of admission

tickets for single events only; and

(10) discount any drink of alcoholic liquor during a

specified time period only if:

(A) the price of the drink of alcoholic liquor is

not changed during the time that it is discounted;

(B) the period of time during which any drink of

alcoholic liquor is discounted does not exceed 4 hours

per day and 15 hours per week; however, this period of

time is not required to be consecutive and may be

divided by the licensee in any manner;

(C) the drink of alcoholic liquor is not discounted

between the hours of 10:00 p.m. and the licensed

premises' closing hour; and

(D) notice of the discount of the drink of

alcoholic liquor during a specified time is posted on

the licensed premises or on the licensee's publicly

available website at least 7 days prior to the

specified time.

(c) (b) A violation of this Section shall be grounds for

suspension or revocation of the retailer's license as provided

by this Act. The State Commission may not enforce any trade

practice policy or other rule that was not adopted in

accordance with the Illinois Administrative Procedure Act.

(d) (c) All licensees affected by this Section must also

comply with Sections 6-16, 6-21, and 6-27.1 of this Act.

(Source: P.A. 99-46, eff. 7-15-15; revised 9-13-16.)

Section 575. The Illinois Public Aid Code is amended by

changing Sections 4-1.7, 5-5, 5-30.1, 10-15.1, 10-17.3,

10-17.14, 10-24.50, 11-9, 12-4.42, 16-2, and 16-5 and by

setting forth and renumbering multiple versions of Section

5-30.3 as follows:

(305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)

Sec. 4-1.7. Enforcement of Parental Child Support

Obligation. If the parent or parents of the child are failing

to meet or are delinquent in their legal obligation to support

the child, the parent or other person having custody of the

child or the Department of Healthcare and Family Services may

request the law enforcement officer authorized or directed by

law to so act to file an action for the enforcement of such

remedies as the law provides for the fulfillment of the child

support obligation.

If a parent has a judicial remedy against the other parent

to compel child support, or if, as the result of an action

initiated by or in behalf of one parent against the other, a

child support order has been entered in respect to which there

is noncompliance or delinquency, or where the order so entered

may be changed upon petition to the court to provide additional

support, the parent or other person having custody of the child

or the Department of Healthcare and Family Services may request

the appropriate law enforcement officer to seek enforcement of

the remedy, or of the support order, or a change therein to

provide additional support. If the law enforcement officer is

not authorized by law to so act in these instances, the parent,

or if so authorized by law the other person having custody of

the child, or the Department of Healthcare and Family Services

may initiate an action to enforce these remedies.

A parent or other person having custody of the child must

comply with the requirements of Title IV of the federal Social

Security Act, and the regulations duly promulgated thereunder,

and any rules promulgated by the Illinois Department regarding

enforcement of the child support obligation. The Department of

Healthcare and Family Services and the Department of Human

Services may provide by rule for the grant or continuation of

aid to the person for a temporary period if he or she accepts

counseling or other services designed to increase his or her

motivation to seek enforcement of the child support obligation.

In addition to any other definition of failure or refusal

to comply with the requirements of Title IV of the federal

Social Security Act, or Illinois Department rule, in the case

of failure to attend court hearings, the parent or other person

can show cooperation by attending a court hearing or, if a

court hearing cannot be scheduled within 14 days following the

court hearing that was missed, by signing a statement that the

parent or other person is now willing to cooperate in the child

support enforcement process and will appear at any later

scheduled court date. The parent or other person can show

cooperation by signing such a statement only once. If failure

to attend the court hearing or other failure to cooperate

results in the case being dismissed, such a statement may be

signed after 2 months.

No denial or termination of medical assistance pursuant to

this Section shall commence during pregnancy of the parent or

other person having custody of the child or for 30 days after

the termination of such pregnancy. The termination of medical

assistance may commence thereafter if the Department of

Healthcare and Family Services determines that the failure or

refusal to comply with this Section persists. Postponement of

denial or termination of medical assistance during pregnancy

under this paragraph shall be effective only to the extent it

does not conflict with federal law or regulation.

Any evidence a parent or other person having custody of the

child gives in order to comply with the requirements of this

Section shall not render him or her liable to prosecution under

Section 11-35 or 11-40 of the Criminal Code of 2012.

When so requested, the Department of Healthcare and Family

Services and the Department of Human Services shall provide

such services and assistance as the law enforcement officer may

require in connection with the filing of any action hereunder.

The Department of Healthcare and Family Services and the

Department of Human Services, as an expense of administration,

may also provide applicants for and recipients of aid with such

services and assistance, including assumption of the

reasonable costs of prosecuting any action or proceeding, as

may be necessary to enable them to enforce the child support

liability required hereunder.

Nothing in this Section shall be construed as a requirement

that an applicant or recipient file an action for dissolution

of marriage against his or her spouse.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;

revised 9-12-16.)

(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)

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. If, at any time, the Secretary of the United States

Department of Health and Human Services, or its successor

agency, promulgates rules or regulations to be published in the

Federal Register or publishes a comment in the Federal Register

or issues an opinion, guidance, or other action that would

require the State, pursuant to any provision of the Patient

Protection and Affordable Care Act (Public Law 111-148),

including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any

successor provision, to defray the cost of any coverage for

breast tomosynthesis outlined in this paragraph, then the

requirement that an insurer cover breast tomosynthesis is

inoperative other than any such coverage authorized under

Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and

the State shall not assume any obligation for the cost of

coverage for breast tomosynthesis set forth in this paragraph.

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), 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. Notwithstanding any

provision of Section 5-5f to the contrary, the Department may,

by rule, exempt certain replacement wheelchair parts from prior

approval and, for wheelchairs, wheelchair parts, wheelchair

accessories, and related seating and positioning items,

determine the wholesale price by methods other than actual

acquisition costs.

The Department shall require, by rule, all providers of

durable medical equipment to be accredited by an accreditation

organization approved by the federal Centers for Medicare and

Medicaid Services and recognized by the Department in order to

bill the Department for providing durable medical equipment to

recipients. No later than 15 months after the effective date of

the rule adopted pursuant to this paragraph, all providers must

meet the accreditation requirement.

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.

Upon federal approval, the Department shall provide

coverage and reimbursement for all drugs that are approved for

marketing by the federal Food and Drug Administration and that

are recommended by the federal Public Health Service or the

United States Centers for Disease Control and Prevention for

pre-exposure prophylaxis and related pre-exposure prophylaxis

services, including, but not limited to, HIV and sexually

transmitted infection screening, treatment for sexually

transmitted infections, medical monitoring, assorted labs, and

counseling to reduce the likelihood of HIV infection among

individuals who are not infected with HIV but who are at high

risk of HIV infection.

(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

20 of P.A. 99-588 for the effective date of P.A. 99-407);

99-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff.

7-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895,

eff. 1-1-17; revised 9-20-16.)

(305 ILCS 5/5-30.1)

Sec. 5-30.1. Managed care protections.

(a) As used in this Section:

"Managed care organization" or "MCO" means any entity which

contracts with the Department to provide services where payment

for medical services is made on a capitated basis.

"Emergency services" include:

(1) emergency services, as defined by Section 10 of the

Managed Care Reform and Patient Rights Act;

(2) emergency medical screening examinations, as

defined by Section 10 of the Managed Care Reform and

Patient Rights Act;

(3) post-stabilization medical services, as defined by

Section 10 of the Managed Care Reform and Patient Rights

Act; and

(4) emergency medical conditions, as defined by

Section 10 of the Managed Care Reform and Patient Rights

Act.

(b) As provided by Section 5-16.12, managed care

organizations are subject to the provisions of the Managed Care

Reform and Patient Rights Act.

(c) An MCO shall pay any provider of emergency services

that does not have in effect a contract with the contracted

Medicaid MCO. The default rate of reimbursement shall be the

rate paid under Illinois Medicaid fee-for-service program

methodology, including all policy adjusters, including but not

limited to Medicaid High Volume Adjustments, Medicaid

Percentage Adjustments, Outpatient High Volume Adjustments,

and all outlier add-on adjustments to the extent such

adjustments are incorporated in the development of the

applicable MCO capitated rates.

(d) An MCO shall pay for all post-stabilization services as

a covered service in any of the following situations:

(1) the MCO authorized such services;

(2) such services were administered to maintain the

enrollee's stabilized condition within one hour after a

request to the MCO for authorization of further

post-stabilization services;

(3) the MCO did not respond to a request to authorize

such services within one hour;

(4) the MCO could not be contacted; or

(5) the MCO and the treating provider, if the treating

provider is a non-affiliated provider, could not reach an

agreement concerning the enrollee's care and an affiliated

provider was unavailable for a consultation, in which case

the MCO must pay for such services rendered by the treating

non-affiliated provider until an affiliated provider was

reached and either concurred with the treating

non-affiliated provider's plan of care or assumed

responsibility for the enrollee's care. Such payment shall

be made at the default rate of reimbursement paid under

Illinois Medicaid fee-for-service program methodology,

including all policy adjusters, including but not limited

to Medicaid High Volume Adjustments, Medicaid Percentage

Adjustments, Outpatient High Volume Adjustments and all

outlier add-on adjustments to the extent that such

adjustments are incorporated in the development of the

applicable MCO capitated rates.

(e) The following requirements apply to MCOs in determining

payment for all emergency services:

(1) MCOs shall not impose any requirements for prior

approval of emergency services.

(2) The MCO shall cover emergency services provided to

enrollees who are temporarily away from their residence and

outside the contracting area to the extent that the

enrollees would be entitled to the emergency services if

they still were within the contracting area.

(3) The MCO shall have no obligation to cover medical

services provided on an emergency basis that are not

covered services under the contract.

(4) The MCO shall not condition coverage for emergency

services on the treating provider notifying the MCO of the

enrollee's screening and treatment within 10 days after

presentation for emergency services.

(5) The determination of the attending emergency

physician, or the provider actually treating the enrollee,

of whether an enrollee is sufficiently stabilized for

discharge or transfer to another facility, shall be binding

on the MCO. The MCO shall cover emergency services for all

enrollees whether the emergency services are provided by an

affiliated or non-affiliated provider.

(6) The MCO's financial responsibility for

post-stabilization care services it has not pre-approved

ends when:

(A) a plan physician with privileges at the

treating hospital assumes responsibility for the

enrollee's care;

(B) a plan physician assumes responsibility for

the enrollee's care through transfer;

(C) a contracting entity representative and the

treating physician reach an agreement concerning the

enrollee's care; or

(D) the enrollee is discharged.

(f) Network adequacy and transparency.

(1) The Department shall:

(A) ensure that an adequate provider network is in

place, taking into consideration health professional

shortage areas and medically underserved areas;

(B) publicly release an explanation of its process

for analyzing network adequacy;

(C) periodically ensure that an MCO continues to

have an adequate network in place; and

(D) require MCOs, including Medicaid Managed Care

Entities as defined in Section 5-30.2, to meet provider

directory requirements under Section 5-30.3.

(2) Each MCO shall confirm its receipt of information

submitted specific to physician additions or physician

deletions from the MCO's provider network within 3 days

after receiving all required information from contracted

physicians, and electronic physician directories must be

updated consistent with current rules as published by the

Centers for Medicare and Medicaid Services or its successor

agency.

(g) Timely payment of claims.

(1) The MCO shall pay a claim within 30 days of

receiving a claim that contains all the essential

information needed to adjudicate the claim.

(2) The MCO shall notify the billing party of its

inability to adjudicate a claim within 30 days of receiving

that claim.

(3) The MCO shall pay a penalty that is at least equal

to the penalty imposed under the Illinois Insurance Code

for any claims not timely paid.

(4) The Department may establish a process for MCOs to

expedite payments to providers based on criteria

established by the Department.

(g-5) Recognizing that the rapid transformation of the

Illinois Medicaid program may have unintended operational

challenges for both payers and providers:

(1) in no instance shall a medically necessary covered

service rendered in good faith, based upon eligibility

information documented by the provider, be denied coverage

or diminished in payment amount if the eligibility or

coverage information available at the time the service was

rendered is later found to be inaccurate; and

(2) the Department shall, by December 31, 2016, adopt

rules establishing policies that shall be included in the

Medicaid managed care policy and procedures manual

addressing payment resolutions in situations in which a

provider renders services based upon information obtained

after verifying a patient's eligibility and coverage plan

through either the Department's current enrollment system

or a system operated by the coverage plan identified by the

patient presenting for services:

(A) such medically necessary covered services

shall be considered rendered in good faith;

(B) such policies and procedures shall be

developed in consultation with industry

representatives of the Medicaid managed care health

plans and representatives of provider associations

representing the majority of providers within the

identified provider industry; and

(C) such rules shall be published for a review and

comment period of no less than 30 days on the

Department's website with final rules remaining

available on the Department's website.

(3) The rules on payment resolutions shall include, but

not be limited to:

(A) the extension of the timely filing period;

(B) retroactive prior authorizations; and

(C) guaranteed minimum payment rate of no less than

the current, as of the date of service, fee-for-service

rate, plus all applicable add-ons, when the resulting

service relationship is out of network.

(4) The rules shall be applicable for both MCO coverage

and fee-for-service coverage.

(g-6) MCO Performance Metrics Report.

(1) The Department shall publish, on at least a

quarterly basis, each MCO's operational performance,

including, but not limited to, the following categories of

metrics:

(A) claims payment, including timeliness and

accuracy;

(B) prior authorizations;

(C) grievance and appeals;

(D) utilization statistics;

(E) provider disputes;

(F) provider credentialing; and

(G) member and provider customer service.

(2) The Department shall ensure that the metrics report

is accessible to providers online by January 1, 2017.

(3) The metrics shall be developed in consultation with

industry representatives of the Medicaid managed care

health plans and representatives of associations

representing the majority of providers within the

identified industry.

(4) Metrics shall be defined and incorporated into the

applicable Managed Care Policy Manual issued by the

Department.

(h) The Department shall not expand mandatory MCO

enrollment into new counties beyond those counties already

designated by the Department as of June 1, 2014 for the

individuals whose eligibility for medical assistance is not the

seniors or people with disabilities population until the

Department provides an opportunity for accountable care

entities and MCOs to participate in such newly designated

counties.

(i) The requirements of this Section apply to contracts

with accountable care entities and MCOs entered into, amended,

or renewed after June 16, 2014 (the effective date of Public

Act 98-651) this amendatory Act of the 98th General Assembly.

(Source: P.A. 98-651, eff. 6-16-14; 99-725, eff. 8-5-16;

99-751, eff. 8-5-16; revised 9-13-16.)

(305 ILCS 5/5-30.3)

Sec. 5-30.3. Empowering meaningful patient choice in

Medicaid Managed Care.

(a) Definitions. As used in this Section:

"Client enrollment services broker" means a vendor the

Department contracts with to carry out activities related to

Medicaid recipients' enrollment, disenrollment, and renewal

with Medicaid Managed Care Entities.

"Composite domains" means the synthesized categories

reflecting the standardized quality performance measures

included in the consumer quality comparison tool. At a minimum,

these composite domains shall display Medicaid Managed Care

Entities' individual Plan performance on standardized quality,

timeliness, and access measures.

"Consumer quality comparison tool" means an online and

paper tool developed by the Department with input from

interested stakeholders reflecting the performance of Medicaid

Managed Care Entity Plans on standardized quality performance

measures. This tool shall be designed in a consumer-friendly

and easily understandable format.

"Covered services" means those health care services to

which a covered person is entitled to under the terms of the

Medicaid Managed Care Entity Plan.

"Facilities" includes, but is not limited to, federally

qualified health centers, skilled nursing facilities, and

rehabilitation centers.

"Hospitals" includes, but is not limited to, acute care,

rehabilitation, children's, and cancer hospitals.

"Integrated provider directory" means a searchable

database bringing together network data from multiple Medicaid

Managed Care Entities that is available through client

enrollment services.

"Medicaid eligibility redetermination" means the process

by which the eligibility of a Medicaid recipient is reviewed by

the Department to determine if the recipient's medical benefits

will continue, be modified, or terminated.

"Medicaid Managed Care Entity" has the same meaning as

defined in Section 5-30.2 of this Code.

(b) Provider directory transparency.

(1) Each Medicaid Managed Care Entity shall:

(A) Make available on the entity's website a

provider directory in a machine readable file and

format.

(B) Make provider directories publicly accessible

without the necessity of providing a password, a

username, or personally identifiable information.

(C) Comply with all federal and State statutes and

regulations, including 42 CFR 438.10, pertaining to

provider directories within Medicaid Managed Care.

(D) Request, at least annually, provider office

hours for each of the following provider types:

(i) Health care professionals, including

dental and vision providers.

(ii) Hospitals.

(iii) Facilities, other than hospitals.

(iv) Pharmacies, other than hospitals.

(v) Durable medical equipment suppliers, other

than hospitals.

Medicaid Managed Care Entities shall publish the

provider office hours in the provider directory upon

receipt.

(E) Confirm with the Medicaid Managed Care

Entity's contracted providers who have not submitted

claims within the past 6 months that the contracted

providers intend to remain in the network and correct

any incorrect provider directory information as

necessary.

(F) Ensure that in situations in which a Medicaid

Managed Care Entity Plan enrollee receives covered

services from a non-participating provider due to a

material misrepresentation in a Medicaid Managed Care

Entity's online electronic provider directory, the

Medicaid Managed Care Entity Plan enrollee shall not be

held responsible for any costs resulting from that

material misrepresentation.

(G) Conspicuously display an e-mail address and a

toll-free telephone number to which any individual may

report any inaccuracy in the provider directory. If the

Medicaid Managed Care Entity receives a report from any

person who specifically identifies provider directory

information as inaccurate, the Medicaid Managed Care

Entity shall investigate the report and correct any

inaccurate information displayed in the electronic

directory.

(2) The Department shall:

(A) Regularly monitor Medicaid Managed Care

Entities to ensure that they are compliant with the

requirements under paragraph (1) of subsection (b).

(B) Require that the client enrollment services

broker use the Medicaid provider number for all

providers with a Medicaid Provider number to populate

the provider information in the integrated provider

directory.

(C) Ensure that each Medicaid Managed Care Entity

shall, at minimum, make the information in

subparagraph (D) of paragraph (1) of subsection (b)

available to the client enrollment services broker.

(D) Ensure that the client enrollment services

broker shall, at minimum, have the information in

subparagraph (D) of paragraph (1) of subsection (b)

available and searchable through the integrated

provider directory on its website as soon as possible

but no later than January 1, 2017.

(E) Require the client enrollment services broker

to conspicuously display near the integrated provider

directory an email address and a toll-free telephone

number provided by the Department to which any

individual may report inaccuracies in the integrated

provider directory. If the Department receives a

report that identifies an inaccuracy in the integrated

provider directory, the Department shall provide the

information about the reported inaccuracy to the

appropriate Medicaid Managed Care Entity within 3

business days after the reported inaccuracy is

received.

(c) Formulary transparency.

(1) Medicaid Managed Care Entities shall publish on

their respective websites a formulary for each Medicaid

Managed Care Entity Plan offered and make the formularies

easily understandable and publicly accessible without the

necessity of providing a password, a username, or

personally identifiable information.

(2) Medicaid Managed Care Entities shall provide

printed formularies upon request.

(3) Electronic and print formularies shall display:

(A) the medications covered (both generic and name

brand);

(B) if the medication is preferred or not

preferred, and what each term means;

(C) what tier each medication is in and the meaning

of each tier;

(D) any utilization controls including, but not

limited to, step therapy, prior approval, dosage

limits, gender or age restrictions, quantity limits,

or other policies that affect access to medications;

(E) any required cost-sharing;

(F) a glossary of key terms and explanation of

utilization controls and cost-sharing requirements;

(G) a key or legend for all utilization controls

visible on every page in which specific medication

coverage information is displayed; and

(H) directions explaining the process or processes

a consumer may follow to obtain more information if a

medication the consumer requires is not covered or

listed in the formulary.

(4) Each Medicaid Managed Care Entity shall display

conspicuously with each electronic and printed medication

formulary an e-mail address and a toll-free telephone

number to which any individual may report any inaccuracy in

the formulary. If the Medicaid Managed Care Entity receives

a report that the formulary information is inaccurate, the

Medicaid Managed Care Entity shall investigate the report

and correct any inaccurate information displayed in the

electronic formulary.

(5) Each Medicaid Managed Care Entity shall include a

disclosure in the electronic and requested print

formularies that provides the date of publication, a

statement that the formulary is up to date as of

publication, and contact information for questions and

requests to receive updated information.

(6) The client enrollment services broker's website

shall display prominently a website URL link to each

Medicaid Managed Care Entity's Plan formulary. If a

Medicaid enrollee calls the client enrollment services

broker with questions regarding formularies, the client

enrollment services broker shall offer a brief description

of what a formulary is and shall refer the Medicaid

enrollee to the appropriate Medicaid Managed Care Entity

regarding his or her questions about a specific entity's

formulary.

(d) Grievances and appeals. The Department shall display

prominently on its website consumer-oriented information

describing how a Medicaid enrollee can file a complaint or

grievance, request a fair hearing for any adverse action taken

by the Department or a Medicaid Managed Care Entity, and access

free legal assistance or other assistance made available by the

State for Medicaid enrollees to pursue an action.

(e) Medicaid redetermination information. The Department

shall require the client enrollment services broker to display

prominently on the client enrollment services broker's website

a description of where a Medicaid enrollee can access

information regarding the Medicaid redetermination process.

(f) Medicaid care coordination information. The client

enrollment services broker shall display prominently on its

website, in an easily understandable format, consumer-oriented

information regarding the role of care coordination services

within Medicaid Managed Care. Such information shall include,

but shall not be limited to:

(1) a basic description of the role of care

coordination services and examples of specific care

coordination activities; and

(2) how a Medicaid enrollee may request care

coordination services from a Medicaid Managed Care Entity.

(g) Consumer quality comparison tool.

(1) The Department shall create a consumer quality

comparison tool to assist Medicaid enrollees with Medicaid

Managed Care Entity Plan selection. This tool shall provide

Medicaid Managed Care Entities' individual Plan

performance on a set of standardized quality performance

measures. The Department shall ensure that this tool shall

be accessible in both a print and online format, with the

online format allowing for individuals to access

additional detailed Plan performance information.

(2) At a minimum, a printed version of the consumer

quality comparison tool shall be provided by the Department

on an annual basis to Medicaid enrollees who are required

by the Department to enroll in a Medicaid Managed Care

Entity Plan during an enrollee's open enrollment period.

The consumer quality comparison tool shall also meet all of

the following criteria:

(A) Display Medicaid Managed Care Entities'

individual Plan performance on at least 4 composite

domains that reflect Plan quality, timeliness, and

access. The composite domains shall draw from the most

current available performance data sets including, but

not limited to:

(i) Healthcare Effectiveness Data and

Information Set (HEDIS) measures.

(ii) Core Set of Children's Health Care

Quality measures as required under the Children's

Health Insurance Program Reauthorization Act

(CHIPRA).

(iii) Adult Core Set measures.

(iv) Consumer Assessment of Healthcare

Providers and Systems (CAHPS) survey results.

(v) Additional performance measures the

Department deems appropriate to populate the

composite domains.

(B) Use a quality rating system developed by the

Department to reflect Medicaid Managed Care Entities'

individual Plan performance. The quality rating system

for each composite domain shall reflect the Medicaid

Managed Care Entities' individual Plan performance

and, when possible, plan performance relative to

national Medicaid percentiles.

(C) Be customized to reflect the specific Medicaid

Managed Care Entities' Plans available to the Medicaid

enrollee based on his or her geographic location and

Medicaid eligibility category.

(D) Include contact information for the client

enrollment services broker and contact information for

Medicaid Managed Care Entities available to the

Medicaid enrollee based on his or her geographic

location and Medicaid eligibility category.

(E) Include guiding questions designed to assist

individuals selecting a Medicaid Managed Care Entity

Plan.

(3) At a minimum, the online version of the consumer

quality comparison tool shall meet all of the following

criteria:

(A) Display Medicaid Managed Care Entities'

individual Plan performance for the same composite

domains selected by the Department in the printed

version of the consumer quality comparison tool. The

Department may display additional composite domains in

the online version of the consumer quality comparison

tool as appropriate.

(B) Display Medicaid Managed Care Entities'

individual Plan performance on each of the

standardized performance measures that contribute to

each composite domain displayed on the online version

of the consumer quality comparison tool.

(C) Use a quality rating system developed by the

Department to reflect Medicaid Managed Care Entities'

individual Plan performance. The quality rating system

for each composite domain shall reflect the Medicaid

Managed Care Entities' individual Plan performance

and, when possible, plan performance relative to

national Medicaid percentiles.

(D) Include the specific Medicaid Managed Care

Entity Plans available to the Medicaid enrollee based

on his or her geographic location and Medicaid

eligibility category.

(E) Include a sort function to view Medicaid

Managed Care Entities' individual Plan performance by

quality rating and by standardized quality performance

measures.

(F) Include contact information for the client

enrollment services broker and for each Medicaid

Managed Care Entity.

(G) Include guiding questions designed to assist

individuals in selecting a Medicaid Managed Care

Entity Plan.

(H) Prominently display current notice of quality

performance sanctions against Medicaid Managed Care

Entities. Notice of the sanctions shall remain present

on the online version of the consumer quality

comparison tool until the sanctions are lifted.

(4) The online version of the consumer quality

comparison tool shall be displayed prominently on the

client enrollment services broker's website.

(5) In the development of the consumer quality

comparison tool, the Department shall establish and

publicize a formal process to collect and consider written

and oral feedback from consumers, advocates, and

stakeholders on aspects of the consumer quality comparison

tool, including, but not limited to, the following:

(A) The standardized data sets and surveys,

specific performance measures, and composite domains

represented in the consumer quality comparison tool.

(B) The format and presentation of the consumer

quality comparison tool.

(C) The methods undertaken by the Department to

notify Medicaid enrollees of the availability of the

consumer quality comparison tool.

(6) The Department shall review and update as

appropriate the composite domains and performance measures

represented in the print and online versions of the

consumer quality comparison tool at least once every 3

years. During the Department's review process, the

Department shall solicit engagement in the public feedback

process described in paragraph (5).

(7) The Department shall ensure that the consumer

quality comparison tool is available for consumer use as

soon as possible but no later than January 1, 2018.

(h) The Department may adopt rules and take any other

appropriate action necessary to implement its responsibilities

under this Section.

(Source: P.A. 99-725, eff. 8-5-16.)

(305 ILCS 5/5-30.4)

Sec. 5-30.4 5-30.3. Provider inquiry portal. The

Department shall establish, no later than January 1, 2018, a

web-based portal to accept inquiries and requests for

assistance from managed care organizations under contract with

the State and providers under contract with managed care

organizations to provide direct care.

(Source: P.A. 99-719, eff. 1-1-17; revised 10-18-16.)

(305 ILCS 5/5-30.5)

Sec. 5-30.5 5-30.3. Managed care; automatic assignment.

The Department shall, within a reasonable period of time after

relevant data from managed care entities has been collected and

analyzed, but no earlier than January 1, 2017, seek input from

the managed care entities and other stakeholders and develop

and implement within each enrollment region an algorithm

preserving existing provider-beneficiary relationships that

takes into account quality scores and other operational

proficiency criteria developed, defined, and adopted by the

Department, to automatically assign Medicaid enrollees served

under the Family Health Plan and the Integrated Care Program

and those Medicaid enrollees eligible for medical assistance

pursuant to the Patient Protection and Affordable Care Act

(Public Law 111-148) into managed care entities, including

Accountable Care Entities, Managed Care Community Networks,

and Managed Care Organizations. The quality metrics used shall

be measurable for all entities. The algorithm shall not use the

quality and proficiency metrics to reassign enrollees out of

any plan in which they are enrolled at the time and shall only

be used if the client has not voluntarily selected a primary

care physician and a managed care entity or care coordination

entity. Clients shall have one opportunity within 90 calendar

days after auto-assignment by algorithm to select a different

managed care entity. The algorithm developed and implemented

shall favor assignment into managed care entities with the

highest quality scores and levels of compliance with the

operational proficiency criteria established, taking into

consideration existing provider-beneficiary relationship as

defined by 42 CFR 438.50(f)(3) if one exists.

(Source: P.A. 99-898, eff. 1-1-17; revised 10-18-16.)

(305 ILCS 5/10-15.1)

Sec. 10-15.1. Judicial registration of administrative

support orders and administrative paternity orders.

(a) A final administrative support order or a final

administrative paternity order, excluding a voluntary

acknowledgement or denial of paternity that is governed by

other provisions of this Code, the Illinois Parentage Act of

2015 1984, and the Vital Records Act, established by the

Illinois Department under this Article X may be registered in

the appropriate circuit court of this State by the Department

or by a party to the order by filing:

(1) Two copies, including one certified copy of the

order to be registered, any modification of the

administrative support order, any voluntary acknowledgment

of paternity pertaining to the child covered by the order,

and the documents showing service of the notice of support

obligation or the notice of paternity and support

obligation that commenced the procedure for establishment

of the administrative support order or the administrative

paternity order pursuant to Section 10-4 of this Code.

(2) A sworn statement by the person requesting

registration or a certified copy of the Department payment

record showing the amount of any past due support accrued

under the administrative support order.

(3) The name of the obligor and, if known, the

obligor's address and social security number.

(4) The name of the obligee and the obligee's address,

unless the obligee alleges in an affidavit or pleading

under oath that the health, safety, or liberty of the

obligee or child would be jeopardized by disclosure of

specific identifying information, in which case that

information must be sealed and may not be disclosed to the

other party or public. After a hearing in which the court

takes into consideration the health, safety, or liberty of

the party or child, the court may order disclosure of

information that the court determines to be in the interest

of justice.

(b) The filing of an administrative support order or an

administrative paternity order under subsection (a)

constitutes registration with the circuit court.

(c) (Blank).

(c-5) Every notice of registration must be accompanied by a

copy of the registered administrative support order or the

registered administrative paternity order and the documents

and relevant information accompanying the order pursuant to

subsection (a).

(d) (Blank).

(d-5) The registering party shall serve notice of the

registration on the other party by first class mail, unless the

administrative support order or the administrative paternity

order was entered by default or the registering party is also

seeking an affirmative remedy. The registering party shall

serve notice on the Department in all cases by first class

mail.

(1) If the administrative support order or the

administrative paternity order was entered by default

against the obligor, the obligor must be served with the

registration by any method provided by law for service of

summons.

(2) If a petition or comparable pleading seeking an

affirmative remedy is filed with the registration, the

non-moving party must be served with the registration and

the affirmative pleading by any method provided by law for

service of summons.

(e) A notice of registration of an administrative support

order or an administrative paternity order must provide the

following information:

(1) That a registered administrative order is

enforceable in the same manner as an order for support or

an order for paternity issued by the circuit court.

(2) That a hearing to contest enforcement of the

registered administrative support order or the registered

administrative paternity order must be requested within 30

days after the date of service of the notice.

(3) That failure to contest, in a timely manner, the

enforcement of the registered administrative support order

or the registered administrative paternity order shall

result in confirmation of the order and enforcement of the

order and the alleged arrearages and precludes further

contest of that order with respect to any matter that could

have been asserted.

(4) The amount of any alleged arrearages.

(f) A nonregistering party seeking to contest enforcement

of a registered administrative support order or a registered

administrative paternity order shall request a hearing within

30 days after the date of service of notice of the

registration. The nonregistering party may seek to vacate the

registration, to assert any defense to an allegation of

noncompliance with the registered administrative support order

or the registered administrative paternity order, or to contest

the remedies being sought or the amount of any alleged

arrearages.

(g) If the nonregistering party fails to contest the

enforcement of the registered administrative support order or

the registered administrative paternity order in a timely

manner, the order shall be confirmed by operation of law.

(h) If a nonregistering party requests a hearing to contest

the enforcement of the registered administrative support order

or the registered administrative paternity order, the circuit

court shall schedule the matter for hearing and give notice to

the parties and the Illinois Department of the date, time, and

place of the hearing.

(i) A party contesting the enforcement of a registered

administrative support order or a registered administrative

paternity order or seeking to vacate the registration has the

burden of proving one or more of the following defenses:

(1) The Illinois Department lacked personal

jurisdiction over the contesting party.

(2) The administrative support order or the

administrative paternity order was obtained by fraud.

(3) The administrative support order or the

administrative paternity order has been vacated,

suspended, or modified by a later order.

(4) The Illinois Department has stayed the

administrative support order or the administrative

paternity order pending appeal.

(5) There is a defense under the law to the remedy

sought.

(6) Full or partial payment has been made.

(j) If a party presents evidence establishing a full or

partial payment defense under subsection (i), the court may

stay enforcement of the registered order, continue the

proceeding to permit production of additional relevant

evidence, and issue other appropriate orders. An uncontested

portion of the registered administrative support order or the

registered administrative paternity order may be enforced by

all remedies available under State law.

(k) If a contesting party does not establish a defense

under subsection (i) to the enforcement of the administrative

support order or the administrative paternity order, the court

shall issue an order confirming the administrative support

order or the administrative paternity order. Confirmation of

the registered administrative support order or the registered

administrative paternity order, whether by operation of law or

after notice and hearing, precludes further contest of the

order with respect to any matter that could have been asserted

at the time of registration. Upon confirmation, the registered

administrative support order or the registered administrative

paternity order shall be treated in the same manner as a

support order or a paternity order entered by the circuit

court, including the ability of the court to entertain a

petition to modify the administrative support order due to a

substantial change in circumstances or a petition to modify the

administrative paternity order due to clear and convincing

evidence regarding paternity, or petitions for visitation or

custody of the child or children covered by the administrative

support order or the administrative paternity order. Nothing in

this Section shall be construed to alter the effect of a final

administrative support order or a final administrative

paternity order, or the restriction of judicial review of such

a final order to the provisions of the Administrative Review

Law, as provided in Sections 10-11 and 10-17.7 of this Code.

(l) Notwithstanding the limitations of relief provided for

under this Section regarding an administrative paternity order

and the administrative relief available from an administrative

paternity order under Sections 10-12 through 10-14.1 of this

Code, a party may petition for relief from a registered final

administrative paternity order entered by consent of the

parties, excluding a voluntary acknowledgement or denial of

paternity as well as an administrative paternity order entered

pursuant to genetic testing. The petition shall be filed

pursuant to Section 2-1401 of the Code of Civil Procedure based

upon a showing of due diligence and a meritorious defense. The

court, after reviewing the evidence regarding this specific

type of administrative paternity order entered by consent of

the parties, shall issue an order regarding the petition.

Nothing in this Section shall be construed to alter the effect

of a final administrative paternity order, or the restriction

of judicial review of such a final order to the provisions of

the Administrative Review Law, as provided in Section 10-17.7

of this Code.

(Source: P.A. 98-563, eff. 8-27-13; 99-471, eff. 8-27-15;

revised 10-26-16.)

(305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)

Sec. 10-17.3. Federal Income Tax Refund Intercept. The

Illinois Department may provide by rule for certification to

the United States Department of Health and Human Services of

past due support owed by responsible relatives under a support

order entered by a court or administrative body of this or any

other State on behalf of resident or non-resident persons. The

purpose of certification shall be to intercept Federal Income

Tax refunds due such relatives in order to satisfy such past

due support in whole or in part.

The rule shall provide for notice to and an opportunity to

be heard by the responsible relative affected and any final

administrative decision rendered by the Department shall be

reviewed only under and in accordance with the Administrative

Review Law. Certification shall be accomplished in accordance

with Title IV, Part D of the federal Social Security Act and

rules and regulations promulgated thereunder.

(Source: P.A. 84-758; revised 9-13-16.)

(305 ILCS 5/10-17.14)

Sec. 10-17.14. Denial of passports. The Illinois

Department may provide by rule for certification to the United

States Department of Health and Human Services of past due

support owed by responsible relatives under a support order

entered by a court or administrative body of this or any other

State on behalf of resident or non-resident persons. The

purpose of certification shall be to effect denial, revocation,

restriction, or limitation of passports of responsible

relatives owing past due support.

The rule shall provide for notice to and an opportunity to

be heard by the responsible relative affected and any final

administrative decision rendered by the Department shall be

reviewed only under and in accordance with the Administrative

Review Law. Certification shall be accomplished in accordance

with Title IV, Part D of the federal Social Security Act and

rules and regulations promulgated thereunder.

(Source: P.A. 97-186, eff. 7-22-11; revised 9-13-16.)

(305 ILCS 5/10-24.50)

Sec. 10-24.50. Financial institution's freedom from

liability. A financial institution that provides information

under Sections 10-24 through 10-24.50 shall not be liable to

any account holder, owner, or other person in any civil,

criminal, or administrative action for any of the following:

(1) Disclosing the required information to the

Illinois Department, any other provisions of the law

notwithstanding not withstanding.

(2) Holding, encumbering, or surrendering any of an

individual's accounts as defined in Section 10-24 in

response to a lien or order to withhold and deliver issued

by:

(A) the Illinois Department under Sections 10-25

and 10-25.5; or

(B) a person or entity acting on behalf of the

Illinois Department.

(3) Any other action taken or omission made in good

faith to comply with Sections 10-24 through 10-24.50,

including individual or mechanical errors, provided that

the action or omission does not constitute gross negligence

or willful misconduct.

(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)

(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)

Sec. 11-9. Protection of records; exceptions records -

Exceptions. For the protection of applicants and recipients,

the Illinois Department, the county departments and local

governmental units and their respective officers and employees

are prohibited, except as hereinafter provided, from

disclosing the contents of any records, files, papers and

communications, except for purposes directly connected with

the administration of public aid under this Code.

In any judicial proceeding, except a proceeding directly

concerned with the administration of programs provided for in

this Code, such records, files, papers and communications, and

their contents shall be deemed privileged communications and

shall be disclosed only upon the order of the court, where the

court finds such to be necessary in the interest of justice.

The Illinois Department shall establish and enforce

reasonable rules and regulations governing the custody, use and

preservation of the records, papers, files, and communications

of the Illinois Department, the county departments and local

governmental units receiving State or Federal funds or aid. The

governing body of other local governmental units shall in like

manner establish and enforce rules and regulations governing

the same matters.

The contents of case files pertaining to recipients under

Articles IV, V, and VI shall be made available without subpoena

or formal notice to the officers of any court, to all law

enforcement enforcing agencies, and to such other persons or

agencies as from time to time may be authorized by any court.

In particular, the contents of those case files shall be made

available upon request to a law enforcement agency for the

purpose of determining the current address of a recipient with

respect to whom an arrest warrant is outstanding, and the

current address of a recipient who was a victim of a felony or

a witness to a felony shall be made available upon request to a

State's Attorney of this State or a State's Attorney's

investigator. Information shall also be disclosed to the

Illinois State Scholarship Commission pursuant to an

investigation or audit by the Illinois State Scholarship

Commission of a delinquent student loan or monetary award.

This Section does not prevent the Illinois Department and

local governmental units from reporting to appropriate law

enforcement officials the desertion or abandonment by a parent

of a child, as a result of which financial aid has been

necessitated under Articles IV, V, or VI, or reporting to

appropriate law enforcement officials instances in which a

mother under age 18 has a child out of wedlock and is an

applicant for or recipient of aid under any Article of this

Code. The Illinois Department may provide by rule for the

county departments and local governmental units to initiate

proceedings under the Juvenile Court Act of 1987 to have

children declared to be neglected when they deem such action

necessary to protect the children from immoral influences

present in their home or surroundings.

This Section does not preclude the full exercise of the

powers of the Board of Public Aid Commissioners to inspect

records and documents, as provided for all advisory boards

pursuant to Section 5-505 of the Departments of State

Government Law (20 ILCS 5/5-505).

This Section does not preclude exchanges of information

among the Department of Healthcare and Family Services

(formerly Illinois Department of Public Aid), the Department of

Human Services (as successor to the Department of Public Aid),

and the Illinois Department of Revenue for the purpose of

verifying sources and amounts of income and for other purposes

directly connected with the administration of this Code and of

the Illinois Income Tax Act.

The provisions of this Section and of Section 11-11 as they

apply to applicants and recipients of public aid under Article

V shall be operative only to the extent that they do not

conflict with any Federal law or regulation governing Federal

grants to this State for such programs.

The Department of Healthcare and Family Services and the

Department of Human Services (as successor to the Illinois

Department of Public Aid) shall enter into an inter-agency

agreement with the Department of Children and Family Services

to establish a procedure by which employees of the Department

of Children and Family Services may have immediate access to

records, files, papers, and communications (except medical,

alcohol or drug assessment or treatment, mental health, or any

other medical records) of the Illinois Department, county

departments, and local governmental units receiving State or

federal funds or aid, if the Department of Children and Family

Services determines the information is necessary to perform its

duties under the Abused and Neglected Child Reporting Act, the

Child Care Act of 1969, and the Children and Family Services

Act.

(Source: P.A. 95-331, eff. 8-21-07; revised 9-13-16.)

(305 ILCS 5/12-4.42)

Sec. 12-4.42. Medicaid Revenue Maximization.

(a) Purpose. The General Assembly finds that there is a

need to make changes to the administration of services provided

by State and local governments in order to maximize federal

financial participation.

(b) Definitions. As used in this Section:

"Community Medicaid mental health services" means all

mental health services outlined in Part Section 132 of Title 59

of the Illinois Administrative Code that are funded through

DHS, eligible for federal financial participation, and

provided by a community-based provider.

"Community-based provider" means an entity enrolled as a

provider pursuant to Sections 140.11 and 140.12 of Title 89 of

the Illinois Administrative Code and certified to provide

community Medicaid mental health services in accordance with

Part Section 132 of Title 59 of the Illinois Administrative

Code.

"DCFS" means the Department of Children and Family

Services.

"Department" means the Illinois Department of Healthcare

and Family Services.

"Care facility for persons with a developmental

disability" means an intermediate care facility for persons

with an intellectual disability within the meaning of Title XIX

of the Social Security Act, whether public or private and

whether organized for profit or not-for-profit, but shall not

include any facility operated by the State.

"Care provider for persons with a developmental

disability" means a person conducting, operating, or

maintaining a care facility for persons with a developmental

disability. For purposes of this definition, "person" means any

political subdivision of the State, municipal corporation,

individual, firm, partnership, corporation, company, limited

liability company, association, joint stock association, or

trust, or a receiver, executor, trustee, guardian, or other

representative appointed by order of any court.

"DHS" means the Illinois Department of Human Services.

"Hospital" means an institution, place, building, or

agency located in this State that is licensed as a general

acute hospital by the Illinois Department of Public Health

under the Hospital Licensing Act, whether public or private and

whether organized for profit or not-for-profit.

"Long term care facility" means (i) a skilled nursing or

intermediate long term care facility, whether public or private

and whether organized for profit or not-for-profit, that is

subject to licensure by the Illinois Department of Public

Health under the Nursing Home Care Act, including a county

nursing home directed and maintained under Section 5-1005 of

the Counties Code, and (ii) a part of a hospital in which

skilled or intermediate long term care services within the

meaning of Title XVIII or XIX of the Social Security Act are

provided; except that the term "long term care facility" does

not include a facility operated solely as an intermediate care

facility for the intellectually disabled within the meaning of

Title XIX of the Social Security Act.

"Long term care provider" means (i) a person licensed by

the Department of Public Health to operate and maintain a

skilled nursing or intermediate long term care facility or (ii)

a hospital provider that provides skilled or intermediate long

term care services within the meaning of Title XVIII or XIX of

the Social Security Act. For purposes of this definition,

"person" means any political subdivision of the State,

municipal corporation, individual, firm, partnership,

corporation, company, limited liability company, association,

joint stock association, or trust, or a receiver, executor,

trustee, guardian, or other representative appointed by order

of any court.

"State-operated facility for persons with a developmental

disability" means an intermediate care facility for persons

with an intellectual disability within the meaning of Title XIX

of the Social Security Act operated by the State.

(c) Administration and deposit of Revenues. The Department

shall coordinate the implementation of changes required by

Public Act 96-1405 this amendatory Act of the 96th General

Assembly amongst the various State and local government bodies

that administer programs referred to in this Section.

Revenues generated by program changes mandated by any

provision in this Section, less reasonable administrative

costs associated with the implementation of these program

changes, which would otherwise be deposited into the General

Revenue Fund shall be deposited into the Healthcare Provider

Relief Fund.

The Department shall issue a report to the General Assembly

detailing the implementation progress of Public Act 96-1405

this amendatory Act of the 96th General Assembly as a part of

the Department's Medical Programs annual report for fiscal

years 2010 and 2011.

(d) Acceleration of payment vouchers. To the extent

practicable and permissible under federal law, the Department

shall create all vouchers for long term care facilities and

facilities for persons with a developmental disability for

dates of service in the month in which the enhanced federal

medical assistance percentage (FMAP) originally set forth in

the American Recovery and Reinvestment Act (ARRA) expires and

for dates of service in the month prior to that month and

shall, no later than the 15th of the month in which the

enhanced FMAP expires, submit these vouchers to the Comptroller

for payment.

The Department of Human Services shall create the necessary

documentation for State-operated facilities for persons with a

developmental disability so that the necessary data for all

dates of service before the expiration of the enhanced FMAP

originally set forth in the ARRA can be adjudicated by the

Department no later than the 15th of the month in which the

enhanced FMAP expires.

(e) Billing of DHS community Medicaid mental health

services. No later than July 1, 2011, community Medicaid mental

health services provided by a community-based provider must be

billed directly to the Department.

(f) DCFS Medicaid services. The Department shall work with

DCFS to identify existing programs, pending qualifying

services, that can be converted in an economically feasible

manner to Medicaid in order to secure federal financial

revenue.

(g) Third Party Liability recoveries. The Department shall

contract with a vendor to support the Department in

coordinating benefits for Medicaid enrollees. The scope of work

shall include, at a minimum, the identification of other

insurance for Medicaid enrollees and the recovery of funds paid

by the Department when another payer was liable. The vendor may

be paid a percentage of actual cash recovered when practical

and subject to federal law.

(h) Public health departments. The Department shall

identify unreimbursed costs for persons covered by Medicaid who

are served by the Chicago Department of Public Health.

The Department shall assist the Chicago Department of

Public Health in determining total unreimbursed costs

associated with the provision of healthcare services to

Medicaid enrollees.

The Department shall determine and draw the maximum

allowable federal matching dollars associated with the cost of

Chicago Department of Public Health services provided to

Medicaid enrollees.

(i) Acceleration of hospital-based payments. The

Department shall, by the 10th day of the month in which the

enhanced FMAP originally set forth in the ARRA expires, create

vouchers for all State fiscal year 2011 hospital payments

exempt from the prompt payment requirements of the ARRA. The

Department shall submit these vouchers to the Comptroller for

payment.

(Source: P.A. 99-143, eff. 7-27-15; revised 9-15-16.)

(305 ILCS 5/16-2)

Sec. 16-2. Eligibility. A foreign-born victim of

trafficking, torture, or other serious crimes and his or her

derivative family members are eligible for cash assistance or

SNAP benefits under this Article if:

(a) he or she:

(1) has filed or is preparing to file an

application for T Nonimmigrant status with the

appropriate federal agency pursuant to Section

1101(a)(15)(T) of Title 8 of the United States Code, or

is otherwise taking steps to meet the conditions for

federal benefits eligibility under Section 7105 of

Title 22 of the United States Code;

(2) has filed or is preparing to file a formal

application with the appropriate federal agency for

status pursuant to Section 1101(a)(15)(U) of Title 8 of

the United States Code; or

(3) has filed or is preparing to file a formal

application with the appropriate federal agency for

status under Section 1158 of Title 8 of the United

States Code; and

(b) he or she is otherwise eligible for cash assistance or

SNAP benefits, as applicable.

(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)

(305 ILCS 5/16-5)

Sec. 16-5. Termination of benefits.

(a) Any cash assistance or SNAP benefits provided under

this Article to a person who is a foreign-born victim of

trafficking, torture, or other serious crimes and his or her

derivative family members shall be terminated if there is a

final denial of that person's visa or asylum application under

Section Sections 1101(a)(15)(T), 1101(a)(15)(U), or 1158 of

Title 8 of the United States Code.

(b) A person who is a foreign-born victim of trafficking,

torture, or other serious crimes and his or her derivative

family members shall be ineligible for continued State-funded

cash assistance or SNAP benefits provided under this Article if

that person has not filed a formal application for status

pursuant to Section Sections 1101(a)(15)(T), 1101(a)(15)(U),

or 1158 of Title 8 of the United States Code within one year

after the date of his or her application for cash assistance or

SNAP benefits provided under this Article. The Department of

Human Services may extend the person's and his or her

derivative family members' eligibility for medical assistance,

cash assistance, or SNAP benefits beyond one year if the

Department determines that the person, during the year of

initial eligibility (i) experienced a health crisis, (ii) has

been unable, after reasonable attempts, to obtain necessary

information from a third party, or (iii) has other extenuating

circumstances that prevented the person from completing his or

her application for status.

(Source: P.A. 99-870, eff. 8-22-16; revised 10-26-16.)

Section 580. The Senior Citizens and Persons with

Disabilities Property Tax Relief Act is amended by changing

Section 8a as follows:

(320 ILCS 25/8a) (from Ch. 67 1/2, par. 408.1)

Sec. 8a. Confidentiality.

(a) Except as otherwise provided in this Act, all

information received by the Department of Revenue or its

successors, the Department on Aging and the Department of

Healthcare and Family Services, from claims filed under this

Act, or from any investigation conducted under the provisions

of this Act, shall be confidential, except for official

purposes within those Departments or pursuant to official

procedures for collection of any State tax or enforcement of

any civil or criminal penalty or sanction imposed by this Act

or by any statute imposing a State tax, and any person who

divulges any such information in any manner, except for such

purposes and pursuant to order of the Director of one of those

Departments or in accordance with a proper judicial order,

shall be guilty of a Class A misdemeanor.

(b) Nothing contained in this Act shall prevent the

Director of Aging from publishing or making available

reasonable statistics concerning the operation of the grant

programs contained in this Act wherein the contents of claims

are grouped into aggregates in such a way that information

contained in any individual claim shall not be disclosed.

(c) The Department on Aging shall furnish to the Secretary

of State such information as is reasonably necessary for the

administration of reduced vehicle registration fees pursuant

to Section 3-806.3 of the "The Illinois Vehicle Code".

(d) The Director of the Department on Aging shall make

information available to the State Board of Elections as may be

required by an agreement the State Board of Elections has

entered into with a multi-state voter registration list

maintenance system.

(Source: P.A. 98-1171, eff. 6-1-15; revised 10-26-16.)

Section 585. The Housing for Veterans with Disabilities Act

is amended by changing Sections 1, 2.1, and 3 as follows:

(330 ILCS 65/1) (from Ch. 126 1/2, par. 58)

Sec. 1. Any veteran of the military or naval service of the

United States who was a resident of this State at the time he

entered such service and who has been approved by the

Administrator of Veterans Veterans' Affairs for assistance

under Chapter 21 of Title 38, United States Code, as now or

hereafter amended, shall be entitled to receive assistance

under this Act for the purpose of acquiring within this State

or without this State, where due to service-connected

disabilities and upon the advice or recommendation of a duly

recognized physician of the Veterans Administration in order to

protect the health of the veteran, such veteran cannot reside

in this State, a suitable dwelling unit with special fixtures

or movable facilities made necessary by the veteran's permanent

and total service-connected disability.

(Source: Laws 1965, p. 650; revised 9-13-16.)

(330 ILCS 65/2.1) (from Ch. 126 1/2, par. 59.1)

Sec. 2.1. (a) The Illinois Department of Veterans' Affairs

shall provide assistance to a veteran who is eligible for and

has been approved by the Administrator of Veterans Veterans'

Affairs for the grant authorized under Section 801(b) of Title

38 of The United States Code for remodeling a dwelling, which

is not adapted to the requirements of the veteran's disability,

and which was acquired by him prior to his application for

federal assistance.

(b) The amount of State assistance provided to a veteran

under subsection (a) of this Section shall be equal to the

lesser of (1) the difference between the total cost of

remodeling and the amount of assistance provided by the federal

government under Title 38, Section 801(b) of the United States

Code or (2) $3,000. However, if the amount of the federal

assistance is at least equal to the total cost of remodeling

the dwelling, then no State assistance shall be granted under

this Section.

(c) A veteran eligible for assistance under subsection (a)

of this Section shall not by reason of such eligibility be

denied benefits for which such veteran becomes eligible under

Section 2 of this Act.

(Source: P.A. 91-216, eff. 1-1-00; revised 9-13-16.)

(330 ILCS 65/3) (from Ch. 126 1/2, par. 60)

Sec. 3. Application for assistance under this Act shall be

made by the veteran to the Illinois Department of Veterans'

Affairs and shall be accompanied by satisfactory evidence that

the veteran has been approved by the Administrator of Veterans

Veterans' Affairs for assistance in acquiring a suitable

dwelling unit or in remodeling a dwelling not adapted to the

requirements of his disability. The application shall contain

such information as will enable the Illinois Department of

Veterans' Affairs to determine the amount of assistance to

which the veteran is entitled. The Illinois Department of

Veterans' Affairs shall adopt general rules for determining the

question of whether an applicant was a resident of this State

at the time he entered the service, and shall prescribe by rule

the nature of the proof to be submitted to establish the fact

of residence. The Illinois Department of Veterans' Affairs

shall adopt guidelines for determining types of remodeling and

adaptations which are reasonably necessary because of a

veteran's disability, for a veteran eligible for assistance

under Section 2.1 of this Act.

(Source: P.A. 82-894; revised 9-13-16.)

Section 590. The Coal Mine Medical Emergencies Act is

amended by changing Section 2 as follows:

(410 ILCS 15/2) (from Ch. 96 1/2, par. 3952)

Sec. 2. As used in this Act, unless the context clearly

otherwise requires:

(a) "Emergency medical technician" means a person who has

successfully completed the course on emergency first-aid care

and transportation of the sick and injured recommended by the

American Academy of Orthopedic Surgeons, or the equivalent

thereof, and has been licensed by the Department of Public

Health to provide emergency care.

(b) "Mine" means any surface coal mine or underground coal

mine, as defined in Section 1.03 of the "The Coal Mining Act of

1953".

(Source: P.A. 98-973, eff. 8-15-14; revised 10-5-16.)

Section 595. The Sexual Assault Survivors Emergency

Treatment Act is amended by changing Section 6.6 as follows:

(410 ILCS 70/6.6)

Sec. 6.6. Submission of sexual assault evidence.

(a) As soon as practicable, but in no event more than 4

hours after the completion of hospital emergency services and

forensic services, the hospital shall make reasonable efforts

to determine the law enforcement agency having jurisdiction

where the sexual assault occurred. The hospital may obtain the

name of the law enforcement agency with jurisdiction from the

local law enforcement agency.

(b) Within 4 hours after the completion of hospital

emergency services and forensic services, the hospital shall

notify the law enforcement agency having jurisdiction that the

hospital is in possession of sexual assault evidence and the

date and time the collection of evidence was completed. The

hospital shall document the notification in the patient's

medical records and shall include the agency notified, the date

and time of the notification and the name of the person who

received the notification. This notification to the law

enforcement agency having jurisdiction satisfies the

hospital's requirement to contact its local law enforcement

agency under Section 3.2 of the Criminal Identification Act.

(c) If the law enforcement agency having jurisdiction has

not taken physical custody of sexual assault evidence within 5

days of the first contact by the hospital, the hospital shall

renotify re-notify the law enforcement agency having

jurisdiction that the hospital is in possession of sexual

assault evidence and the date the sexual assault evidence was

collected. The hospital shall document the renotification

re-notification in the patient's medical records and shall

include the agency notified, the date and time of the

notification and the name of the person who received the

notification.

(d) If the law enforcement agency having jurisdiction has

not taken physical custody of the sexual assault evidence

within 10 days of the first contact by the hospital and the

hospital has provided renotification under subsection (c) of

this Section, the hospital shall contact the State's Attorney

of the county where the law enforcement agency having

jurisdiction is located. The hospital shall inform the State's

Attorney that the hospital is in possession of sexual assault

evidence, the date the sexual assault evidence was collected,

the law enforcement agency having jurisdiction, the dates,

times and names of persons notified under subsections (b) and

(c) of this Section. The notification shall be made within 14

days of the collection of the sexual assault evidence.

(Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)

Section 600. 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 July 1, 2020)

Sec. 45. Addition of debilitating medical conditions.

(a) Any resident 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 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.

(b) The Department shall accept petitions once annually for

a one-month period determined by the Department. During the

open period, the Department shall accept petitions from any

resident requesting the addition of a new debilitating medical

condition or disease to the list of approved debilitating

medical conditions for which the use of cannabis has been shown

to have a therapeutic or palliative effect. The Department

shall provide public notice 30 days before the open period for

accepting petitions, which shall describe the time period for

submission, the required format of the submission, and the

submission address.

(c) Each petition shall be limited to one proposed

debilitating medical condition or disease.

(d) A petitioner shall file one original petition in the

format provided by the Department and in the manner specified

by the Department. For a petition to be processed and reviewed,

the following information shall be included:

(1) The petition, prepared on forms provided by the

Department, in the manner specified by the Department.

(2) A specific description of the medical condition or

disease that is the subject of the petition. Each petition

shall be limited to a single condition or disease.

Information about the proposed condition or disease shall

include:

(A) the extent to which the condition or disease

itself or the treatments cause severe suffering, such

as severe or chronic pain, severe nausea or vomiting,

or otherwise severely impair a person's ability to

conduct activities of daily living;

(B) information about why conventional medical

therapies are not sufficient to alleviate the

suffering caused by the disease or condition and its

treatment;

(C) the proposed benefits from the medical use of

cannabis specific to the medical condition or disease;

(D) evidence from the medical community and other

experts supporting the use of medical cannabis to

alleviate suffering caused by the condition, disease,

or treatment;

(E) letters of support from physicians or other

licensed health care providers knowledgeable about the

condition or disease, including, if feasible, a letter

from a physician with whom the petitioner has a bona

fide physician-patient relationship;

(F) any additional medical, testimonial, or

scientific documentation; and

(G) an electronic copy of all materials submitted.

(3) Upon receipt of a petition, the Department shall:

(A) determine whether the petition meets the

standards for submission and, if so, shall accept the

petition for further review; or

(B) determine whether the petition does not meet

the standards for submission and, if so, shall deny the

petition without further review.

(4) If the petition does not fulfill the standards for

submission, the petition shall be considered deficient.

The Department shall notify the petitioner, who may correct

any deficiencies and resubmit the petition during the next

open period.

(e) The petitioner may withdraw his or her petition by

submitting a written statement to the Department indicating

withdrawal.

(f) Upon review of accepted petitions, the Director shall

render a final decision regarding the acceptance or denial of

the proposed debilitating medical conditions or diseases.

(g) The Department shall convene a Medical Cannabis

Advisory Board (Advisory Board) composed of 16 members, which

shall include:

(1) one medical cannabis patient advocate or

designated caregiver;

(2) one parent or designated caregiver of a person

under the age of 18 who is a qualified medical cannabis

patient;

(3) two registered nurses or nurse practitioners;

(4) three registered qualifying patients, including

one veteran; and

(5) nine health care practitioners with current

professional licensure in their field. The Advisory Board

shall be composed of health care practitioners

representing the following areas:

(A) neurology;

(B) pain management;

(C) medical oncology;

(D) psychiatry or mental health;

(E) infectious disease;

(F) family medicine;

(G) general primary care;

(H) medical ethics;

(I) pharmacy;

(J) pediatrics; or

(K) psychiatry or mental health for children or

adolescents.

At least one appointed health care practitioner shall have

direct experience related to the health care needs of veterans

and at least one individual shall have pediatric experience.

(h) Members of the Advisory Board shall be appointed by the

Governor.

(1) Members shall serve a term of 4 years or until a

successor is appointed and qualified. If a vacancy occurs,

the Governor shall appoint a replacement to complete the

original term created by the vacancy.

(2) The Governor shall select a chairperson.

(3) Members may serve multiple terms.

(4) Members shall not have an affiliation with, serve

on the board of, or have a business relationship with a

registered cultivation center or a registered medical

cannabis dispensary.

(5) Members shall disclose any real or apparent

conflicts of interest that may have a direct bearing of the

subject matter, such as relationships with pharmaceutical

companies, biomedical device manufacturers, or

corporations whose products or services are related to the

medical condition or disease to be reviewed.

(6) Members shall not be paid but shall be reimbursed

for travel expenses incurred while fulfilling the

responsibilities of the Advisory Board.

(i) On June 30, 2016 (the effective date of Public Act

99-519) this amendatory Act of the 99th General Assembly, the

terms of office of the members of the Advisory Board serving on

that effective date shall terminate and the Board shall be

reconstituted.

(j) The Advisory Board shall convene at the call of the

Chair:

(1) to examine debilitating conditions or diseases

that would benefit from the medical use of cannabis; and

(2) to review new medical and scientific evidence

pertaining to currently approved conditions.

(k) The Advisory Board shall issue an annual report of its

activities each year.

(l) The Advisory Board shall receive administrative

support from the Department.

(Source: P.A. 98-122, eff. 1-1-14; 99-519, eff. 6-30-16;

99-642, eff. 7-28-16; revised 10-20-16.)

Section 605. The Illinois Egg and Egg Products Act is

amended by changing Section 15 as follows:

(410 ILCS 615/15) (from Ch. 56 1/2, par. 55-15)

Sec. 15. Samples; packing methods.

(a) The Department shall prescribe methods in conformity

with the United States Department of Agriculture

specifications for selecting samples of lots, cases or

containers of eggs or egg products which shall be reasonably

calculated to produce fair representations of the entire lots

or cases and containers sampled. Any sample taken shall be

prima facie evidence in any court in this State of the true

condition of the entire lot, case or container of eggs or egg

products in the examination of which the sample was taken.

It shall be unlawful for any handler or retailer to pack

eggs into consumer-size containers other than during the

original candling and grading operations unless the retailer

performs a lot consolidation.

(b) A retailer that wishes to consolidate eggs shall

implement and administer a training program for employees that

will perform the consolidation as part of their duties. The

program shall include, but not be limited to, the following:

(1) laws Laws governing egg lot consolidation:

(A) same lot code;

(B) same source;

(C) same sell-by date;

(D) same grade;

(E) same size;

(F) same brand;

(2) temperature requirements;

(3) egg is a hazardous food (FDA Guidelines);

(4) sanitation;

(5) egg quality (USDA guidelines);

(6) original packaging requirements (replacement

cartons shall not be utilized); and

(7) record keeping requirements.

(c) Training shall be conducted annually and may be

conducted by any means available, including, but not limited

to, online, computer, classroom, live trainers, and remote

trainers.

(d) A copy of the training material must be made available

upon request from the Department. A copy of the training

material may be kept electronically.

(e) Eggs shall be consolidated in a manner consistent with

training materials required by subsection (b).

(f) Each store shall maintain a record of each egg carton

consolidated. The records shall be maintained by the store at

the physical location the eggs were consolidated at for a

period not less than one year past the last sell-by date on the

cartons consolidated. The records must be available for

inspection upon request from the Department. The records may be

kept electronically.

Each lot consolidation shall be documented. The

information documented shall include, but not be limited to,

the following:

(1) date of consolidation;

(2) brand;

(3) egg size;

(4) distributor;

(5) USDA plant number;

(6) grade; and

(7) best-by (sell-by/use-by) date.

(g) An Illinois-based egg producer or Illinois-based egg

producer-dealer may prohibit its brands from being included in

an egg lot consolidation program. Any Illinois-based egg

producer or Illinois-based egg producer-dealer that chooses to

prohibit its brands from being included in an egg lot

consolidation program shall notify a retailer in writing before

entering into an agreement to distribute its eggs to the

retailer. Producers or producer-dealers with agreements

entered into prior to January 1, 2017 (the effective date of

Public Act 99-732) this Act shall have 90 days after January 1,

2017 (the effective date of Public Act 99-732) this Act to

notify retailers in writing of their choice to prohibit

consolidation of their egg brands.

Upon notification from an Illinois-based producer or

Illinois-based producer dealer, a retailer shall not

consolidate those brands.

(Source: P.A. 99-732, eff. 1-1-17; revised 10-26-16.)

Section 610. The Environmental Protection Act is amended by

changing Sections 22.28 and 40 as follows:

(415 ILCS 5/22.28) (from Ch. 111 1/2, par. 1022.28)

Sec. 22.28. White goods.

(a) Beginning July 1, 1994, no person shall knowingly offer

for collection or collect white goods for the purpose of

disposal by landfilling unless the white good components have

been removed.

(b) Beginning July 1, 1994, no owner or operator of a

landfill shall accept any white goods for final disposal,

except that white goods may be accepted if:

(1) the landfill participates in the Industrial

Materials Exchange Service by communicating the

availability of white goods;

(2) prior to final disposal, any white good components

have been removed from the white goods; and

(3) if white good components are removed from the white

goods at the landfill, a site operating plan satisfying

this Act has been approved under the site operating permit

and the conditions of such operating plan are met.

(c) For the purposes of this Section:

(1) "White goods" shall include all discarded

refrigerators, ranges, water heaters, freezers, air

conditioners, humidifiers and other similar domestic and

commercial large appliances.

(2) "White good components" shall include:

(i) any chlorofluorocarbon refrigerant gas;

(ii) any electrical switch containing mercury;

(iii) any device that contains or may contain PCBs

in a closed system, such as a dielectric fluid for a

capacitor, ballast or other component; and

(iv) any fluorescent lamp that contains mercury.

(d) The Agency is authorized to provide financial

assistance to units of local government from the Solid Waste

Management Fund to plan for and implement programs to collect,

transport and manage white goods. Units of local government may

apply jointly for financial assistance under this Section.

Applications for such financial assistance shall be

submitted to the Agency and must provide a description of:

(A) the area to be served by the program;

(B) the white goods intended to be included in the

program;

(C) the methods intended to be used for collecting

and receiving materials;

(D) the property, buildings, equipment and

personnel included in the program;

(E) the public education systems to be used as part

of the program;

(F) the safety and security systems that will be

used;

(G) the intended processing methods for each white

goods type;

(H) the intended destination for final material

handling location; and

(I) any staging sites used to handle collected

materials, the activities to be performed at such sites

and the procedures for assuring removal of collected

materials from such sites.

The application may be amended to reflect changes in

operating procedures, destinations for collected materials, or

other factors.

Financial assistance shall be awarded for a State fiscal

year, and may be renewed, upon application, if the Agency

approves the operation of the program.

(e) All materials collected or received under a program

operated with financial assistance under this Section shall be

recycled whenever possible. Treatment or disposal of collected

materials are not eligible for financial assistance unless the

applicant shows and the Agency approves which materials may be

treated or disposed of under various conditions.

Any revenue from the sale of materials collected under such

a program shall be retained by the unit of local government and

may be used only for the same purposes as the financial

assistance under this Section.

(f) The Agency is authorized to adopt rules necessary or

appropriate to the administration of this Section.

(g) (Blank).

(Source: P.A. 91-798, eff. 7-9-00; revised 10-6-16.)

(415 ILCS 5/40) (from Ch. 111 1/2, par. 1040)

Sec. 40. Appeal of permit denial.

(a)(1) If the Agency refuses to grant or grants with

conditions a permit under Section 39 of this Act, the applicant

may, within 35 days after the date on which the Agency served

its decision on the applicant, petition for a hearing before

the Board to contest the decision of the Agency. However, the

35-day period for petitioning for a hearing may be extended for

an additional period of time not to exceed 90 days by written

notice provided to the Board from the applicant and the Agency

within the initial appeal period. The Board shall give 21 days'

day notice to any person in the county where is located the

facility in issue who has requested notice of enforcement

proceedings and to each member of the General Assembly in whose

legislative district that installation or property is located;

and shall publish that 21-day 21 day notice in a newspaper of

general circulation in that county. The Agency shall appear as

respondent in such hearing. At such hearing the rules

prescribed in Section 32 and subsection (a) of Section 33 of

this Act shall apply, and the burden of proof shall be on the

petitioner. If, however, the Agency issues an NPDES permit that

imposes limits which are based upon a criterion or denies a

permit based upon application of a criterion, then the Agency

shall have the burden of going forward with the basis for the

derivation of those limits or criterion which were derived

under the Board's rules.

(2) Except as provided in paragraph (a)(3), if there is no

final action by the Board within 120 days after the date on

which it received the petition, the petitioner may deem the

permit issued under this Act, provided, however, that that

period of 120 days shall not run for any period of time, not to

exceed 30 days, during which the Board is without sufficient

membership to constitute the quorum required by subsection (a)

of Section 5 of this Act, and provided further that such 120

day period shall not be stayed for lack of quorum beyond 30

days regardless of whether the lack of quorum exists at the

beginning of such 120-day 120 day period or occurs during the

running of such 120-day 120 day period.

(3) Paragraph (a)(2) shall not apply to any permit which is

subject to subsection (b), (d) or (e) of Section 39. If there

is no final action by the Board within 120 days after the date

on which it received the petition, the petitioner shall be

entitled to an Appellate Court order pursuant to subsection (d)

of Section 41 of this Act.

(b) If the Agency grants a RCRA permit for a hazardous

waste disposal site, a third party, other than the permit

applicant or Agency, may, within 35 days after the date on

which the Agency issued its decision, petition the Board for a

hearing to contest the issuance of the permit. Unless the Board

determines that such petition is duplicative or frivolous, or

that the petitioner is so located as to not be affected by the

permitted facility, the Board shall hear the petition in

accordance with the terms of subsection (a) of this Section and

its procedural rules governing denial appeals, such hearing to

be based exclusively on the record before the Agency. The

burden of proof shall be on the petitioner. The Agency and the

permit applicant shall be named co-respondents.

The provisions of this subsection do not apply to the

granting of permits issued for the disposal or utilization of

sludge from publicly-owned sewage works.

(c) Any party to an Agency proceeding conducted pursuant to

Section 39.3 of this Act may petition as of right to the Board

for review of the Agency's decision within 35 days from the

date of issuance of the Agency's decision, provided that such

appeal is not duplicative or frivolous. However, the 35-day

period for petitioning for a hearing may be extended by the

applicant for a period of time not to exceed 90 days by written

notice provided to the Board from the applicant and the Agency

within the initial appeal period. If another person with

standing to appeal wishes to obtain an extension, there must be

a written notice provided to the Board by that person, the

Agency, and the applicant, within the initial appeal period.

The decision of the Board shall be based exclusively on the

record compiled in the Agency proceeding. In other respects the

Board's review shall be conducted in accordance with subsection

(a) of this Section and the Board's procedural rules governing

permit denial appeals.

(d) In reviewing the denial or any condition of a NA NSR

permit issued by the Agency pursuant to rules and regulations

adopted under subsection (c) of Section 9.1 of this Act, the

decision of the Board shall be based exclusively on the record

before the Agency including the record of the hearing, if any,

unless the parties agree to supplement the record. The Board

shall, if it finds the Agency is in error, make a final

determination as to the substantive limitations of the permit

including a final determination of Lowest Achievable Emission

Rate.

(e)(1) If the Agency grants or denies a permit under

subsection (b) of Section 39 of this Act, a third party, other

than the permit applicant or Agency, may petition the Board

within 35 days from the date of issuance of the Agency's

decision, for a hearing to contest the decision of the Agency.

(2) A petitioner shall include the following within a

petition submitted under subdivision (1) of this subsection:

(A) a demonstration that the petitioner raised the

issues contained within the petition during the public

notice period or during the public hearing on the NPDES

permit application, if a public hearing was held; and

(B) a demonstration that the petitioner is so situated

as to be affected by the permitted facility.

(3) If the Board determines that the petition is not

duplicative or frivolous and contains a satisfactory

demonstration under subdivision (2) of this subsection, the

Board shall hear the petition (i) in accordance with the terms

of subsection (a) of this Section and its procedural rules

governing permit denial appeals and (ii) exclusively on the

basis of the record before the Agency. The burden of proof

shall be on the petitioner. The Agency and permit applicant

shall be named co-respondents.

(f) Any person who files a petition to contest the issuance

of a permit by the Agency shall pay a filing fee.

(Source: P.A. 99-463, eff. 1-1-16; revised 10-6-16.)

Section 615. The Wastewater Land Treatment Site Regulation

Act is amended by changing Section 2 as follows:

(415 ILCS 50/2) (from Ch. 111 1/2, par. 582)

Sec. 2. Definitions. As used in this Act unless the context

otherwise requires, the terms specified in the Sections

following this Section and preceding Section 3 Sections 2.01

through 2.07 have the meanings ascribed to them in those

Sections.

(Source: P.A. 78-350; revised 10-5-16.)

Section 620. The Illinois Pesticide Act is amended by

changing Sections 4 and 9 as follows:

(415 ILCS 60/4) (from Ch. 5, par. 804)

Sec. 4. Definitions. As used in this Act:

1. "Director" means Director of the Illinois Department of

Agriculture or his authorized representative.

2. "Active Ingredient" means any ingredient which will

prevent, destroy, repel, control or mitigate a pest or which

will act as a plant regulator, defoliant or desiccant.

3. "Adulterated" shall apply to any pesticide if the

strength or purity is not within the standard of quality

expressed on the labeling under which it is sold, distributed

or used, including any substance which has been substituted

wholly or in part for the pesticide as specified on the

labeling under which it is sold, distributed or used, or if any

valuable constituent of the pesticide has been wholly or in

part abstracted.

4. "Agricultural Commodity" means produce of the land

including but not limited to plants and plant parts, livestock

and poultry and livestock or poultry products, seeds, sod,

shrubs and other products of agricultural origin including the

premises necessary to and used directly in agricultural

production. Agricultural commodity also includes aquatic

products as defined in the Aquaculture Development Act.

5. "Animal" means all vertebrate and invertebrate species

including, but not limited to, man and other mammals, bird,

fish, and shellfish.

6. "Beneficial Insects" means those insects which during

their life cycle are effective pollinators of plants, predators

of pests or are otherwise beneficial.

7. "Certified applicator".

A. "Certified applicator" means any individual who is

certified under this Act to purchase, use, or supervise the

use of pesticides which are classified for restricted use.

B. "Private applicator" means a certified applicator

who purchases, uses, or supervises the use of any pesticide

classified for restricted use, for the purpose of producing

any agricultural commodity on property owned, rented, or

otherwise controlled by him or his employer, or applied to

other property if done without compensation other than

trading of personal services between no more than 2

producers of agricultural commodities.

C. "Licensed Commercial Applicator" means a certified

applicator, whether or not he is a private applicator with

respect to some uses, who owns or manages a business that

is engaged in applying pesticides, whether classified for

general or restricted use, for hire. The term also applies

to a certified applicator who uses or supervises the use of

pesticides, whether classified for general or restricted

use, for any purpose or on property of others excluding

those specified by subparagraphs 7 (B), (D), (E) of Section

4 of this Act.

D. "Commercial Not For Hire Applicator" means a

certified applicator who uses or supervises the use of

pesticides classified for general or restricted use for any

purpose on property of an employer when such activity is a

requirement of the terms of employment and such application

of pesticides under this certification is limited to

property under the control of the employer only and

includes, but is not limited to, the use or supervision of

the use of pesticides in a greenhouse setting. "Commercial

Not For Hire Applicator" also includes a certified

applicator who uses or supervises the use of pesticides

classified for general or restricted use as an employee of

a state agency, municipality, or other duly constituted

governmental agency or unit.

8. "Defoliant" means any substance or combination of

substances which cause leaves or foliage to drop from a plant

with or without causing abscission.

9. "Desiccant" means any substance or combination of

substances intended for artificially accelerating the drying

of plant tissue.

10. "Device" means any instrument or contrivance, other

than a firearm or equipment for application of pesticides when

sold separately from pesticides, which is intended for

trapping, repelling, destroying, or mitigating any pest, other

than bacteria, virus, or other microorganisms on or living in

man or other living animals.

11. "Distribute" means offer or hold for sale, sell,

barter, ship, deliver for shipment, receive and then deliver,

or offer to deliver pesticides, within the State.

12. "Environment" includes water, air, land, and all plants

and animals including man, living therein and the

interrelationships which exist among these.

13. "Equipment" means any type of instruments and

contrivances using motorized, mechanical or pressure power

which is used to apply any pesticide, excluding pressurized

hand-size household apparatus containing dilute ready to apply

pesticide or used to apply household pesticides.

14. "FIFRA" means the "Federal Insecticide, Fungicide, and

Rodenticide Act", as amended.

15. "Fungi" means any non-chlorophyll bearing

thallophytes, any non-chlorophyll bearing plant of a lower

order than mosses or liverworts, as for example rust, smut,

mildew, mold, yeast and bacteria, except those on or in living

animals including man and those on or in processed foods,

beverages or pharmaceuticals.

16. "Household Substance" means any pesticide customarily

produced and distributed for use by individuals in or about the

household.

17. "Imminent Hazard" means a situation which exists when

continued use of a pesticide would likely result in

unreasonable adverse effect on the environment or will involve

unreasonable hazard to the survival of a species declared

endangered by the U.S. Secretary of the Interior or to species

declared to be protected by the Illinois Department of Natural

Resources.

18. "Inert Ingredient" means an ingredient which is not an

active ingredient.

19. "Ingredient Statement" means a statement of the name

and percentage of each active ingredient together with the

total percentage of inert ingredients in a pesticide and for

pesticides containing arsenic in any form, the ingredient

statement shall include percentage of total and water soluble

arsenic, each calculated as elemental arsenic. In the case of

spray adjuvants the ingredient statement need contain only the

names of the functioning agents and the total percent of those

constituents ineffective as spray adjuvants.

20. "Insect" means any of the numerous small invertebrate

animals generally having the body more or less obviously

segmented for the most part belonging to the class Insects,

comprised of six-legged, usually winged forms, as for example

beetles, caterpillars, and flies. This definition encompasses

other allied classes of arthropods whose members are wingless

and usually have more than 6 legs as for example spiders,

mites, ticks, centipedes, and millipedes.

21. "Label" means the written, printed or graphic matter on

or attached to the pesticide or device or any of its containers

or wrappings.

22. "Labeling" means the label and all other written,

printed or graphic matter: (a) on the pesticide or device or

any of its containers or wrappings, (b) accompanying the

pesticide or device or referring to it in any other media used

to disseminate information to the public, (c) to which

reference is made to the pesticide or device except when

references are made to current official publications of the U.

S. Environmental Protection Agency, Departments of

Agriculture, Health, Education and Welfare or other Federal

Government institutions, the state experiment station or

colleges of agriculture or other similar state institution

authorized to conduct research in the field of pesticides.

23. "Land" means all land and water area including

airspace, and all plants, animals, structures, buildings,

contrivances, and machinery appurtenant thereto or situated

thereon, fixed or mobile, including any used for

transportation.

24. "Licensed Operator" means a person employed to apply

pesticides to the lands of others under the direction of a

"licensed commercial applicator" or a "licensed commercial

not-for-hire applicator".

25. "Nematode" means invertebrate animals of the phylum

nemathelminthes and class nematoda, also referred to as nemas

or eelworms, which are unsegmented roundworms with elongated

fusiform or sac-like bodies covered with cuticle and inhabiting

soil, water, plants or plant parts.

26. "Permit" means a written statement issued by the

Director or his authorized agent, authorizing certain acts of

pesticide purchase or of pesticide use or application on an

interim basis prior to normal certification, registration, or

licensing.

27. "Person" means any individual, partnership,

association, fiduciary, corporation, or any organized group of

persons whether incorporated or not.

28. "Pest" means (a) any insect, rodent, nematode, fungus,

weed, or (b) any other form of terrestrial or aquatic plant or

animal life or virus, bacteria, or other microorganism,

excluding virus, bacteria, or other microorganism on or in

living animals including man, which the Director declares to be

a pest.

29. "Pesticide" means any substance or mixture of

substances intended for preventing, destroying, repelling, or

mitigating any pest or any substance or mixture of substances

intended for use as a plant regulator, defoliant or desiccant.

30. "Pesticide Dealer" means any person who distributes

registered pesticides to the user.

31. "Plant Regulator" means any substance or mixture of

substances intended through physiological action to affect the

rate of growth or maturation or otherwise alter the behavior of

ornamental or crop plants or the produce thereof. This does not

include substances which are not intended as plant nutrient

trace elements, nutritional chemicals, plant or seed

inoculants or soil conditioners or amendments.

32. "Protect Health and Environment" means to guard against

any unreasonable adverse effects on the environment.

33. "Registrant" means person who has registered any

pesticide pursuant to the provision of FIFRA and this Act.

34. "Restricted Use Pesticide" means any pesticide with one

or more of its uses classified as restricted by order of the

Administrator of USEPA.

35. "SLN Registration" means registration of a pesticide

for use under conditions of special local need as defined by

FIFRA.

36. "State Restricted Pesticide Use" means any pesticide

use which the Director determines, subsequent to public

hearing, that an additional restriction for that use is needed

to prevent unreasonable adverse effects.

37. "Structural Pest" means any pests which attack and

destroy buildings and other structures or which attack

clothing, stored food, commodities stored at food

manufacturing and processing facilities or manufactured and

processed goods.

38. "Unreasonable Adverse Effects on the Environment"

means the unreasonable risk to the environment, including man,

from the use of any pesticide, when taking into account accrued

benefits of as well as the economic, social, and environmental

costs of its use.

39. "USEPA" means United States Environmental Protection

Agency.

40. "Use inconsistent with the label" means to use a

pesticide in a manner not consistent with the label

instruction, the definition adopted in FIFRA as interpreted by

USEPA shall apply in Illinois.

41. "Weed" means any plant growing in a place where it is

not wanted.

42. "Wildlife" means all living things, not human,

domestic, or pests.

43. "Bulk pesticide" means any registered pesticide which

is transported or held in an individual container in undivided

quantities of greater than 55 U.S. gallons liquid measure or

100 pounds net dry weight.

44. "Bulk repackaging" means the transfer of a registered

pesticide from one bulk container (containing undivided

quantities of greater than 100 U.S. gallons liquid measure or

100 pounds net dry weight) to another bulk container

(containing undivided quantities of greater than 100 U.S.

gallons liquid measure or 100 pounds net dry weight) in an

unaltered state in preparation for sale or distribution to

another person.

45. "Business" means any individual, partnership,

corporation or association engaged in a business operation for

the purpose of selling or distributing pesticides or providing

the service of application of pesticides in this State.

46. "Facility" means any building or structure and all real

property contiguous thereto, including all equipment fixed

thereon used for the operation of the business.

47. "Chemigation" means the application of a pesticide

through the systems or equipment employed for the primary

purpose of irrigation of land and crops.

48. "Use" means any activity covered by the pesticide label

including but not limited to application of pesticide, mixing

and loading, storage of pesticides or pesticide containers,

disposal of pesticides and pesticide containers and reentry

into treated sites or areas.

(Source: P.A. 98-756, eff. 7-16-14; 99-540, eff. 1-1-17;

revised 10-6-16.)

(415 ILCS 60/9) (from Ch. 5, par. 809)

Sec. 9. Licenses and pesticide dealer registrations

requirements; certification.

(a) Licenses and pesticide dealer registrations issued

pursuant to this Act as a result of certification attained in

calendar year 2017 or earlier shall be valid for the calendar

year in which they were issued, except that private applicator

licenses shall be valid for the calendar year in which they

were issued plus 2 additional calendar years. All licenses and

pesticide dealer registrations shall expire on December 31 of

the year in which they are it is to expire. A license or

pesticide dealer registration in effect on the 31st of

December, for which renewal has been made within 60 days

following the date of expiration, shall continue in full force

and effect until the Director notifies the applicant that

renewal has been approved and accepted or is to be denied in

accordance with this Act. The Director shall not issue a

license or pesticide dealer registration to a first time

applicant or to a person who has not made application for

renewal on or before March 1 following the expiration date of

the license or pesticide dealer registration until such

applicant or person has been certified by the Director as

having successfully demonstrated competence and knowledge

regarding pesticide use. The Director shall issue a license or

pesticide dealer registration to a person that made application

after March 1 and before April 15 if that application is

accompanied by a late application fee. A licensee or pesticide

dealer shall be required to be recertified for competence and

knowledge regarding pesticide use at least once every 3 years

and at such other times as deemed necessary by the Director to

assure a continued level of competence and ability. The

Director shall by regulation specify the standard of

qualification for certification and the manner of establishing

an applicant's competence and knowledge. A certification shall

remain valid only if an applicant attains licensure or

pesticide dealer registration during the calendar year in which

certification was granted and the licensure is maintained

throughout the 3-year certification period.

(b) Multi-year licenses and pesticide dealer registrations

issued pursuant to this Act as a result of certification

attained in calendar year 2018 or thereafter shall be valid for

the calendar year in which they were issued plus 2 additional

calendar years. All licenses and pesticide dealer

registrations shall expire on December 31 of the year in which

they are to expire. A license or pesticide dealer registration

in effect on the 31st of December, for which recertification

and licensure has been made within 60 days following the date

of expiration, shall continue in full force and effect until

the Director notifies the applicant that recertification and

licensure has been approved and accepted or is to be denied in

accordance with this Act. A licensee or pesticide dealer shall

be required to be recertified for competence and knowledge

regarding pesticide use at least once every 3 years and at such

other times as deemed necessary by the Director to assure a

continued level of competence and ability. The Director shall

by rule specify the standard of qualification for certification

and the manner of establishing the applicant's competence and

knowledge. A certification shall remain valid only if an

applicant attains licensure or pesticide dealer registration

during the calendar year in which certification was granted and

the licensure is maintained throughout the 3-year

certification period. Notwithstanding the other provisions of

this subsection (b), the employer of a pesticide applicator or

operator licensee may notify the Director that the licensee's

employment has been terminated. If the employer submits that

notification, the employer shall return to the Director the

licensee's pesticide applicator or operator license card and

may request that the unused portion of the terminated

licensee's pesticide applicator or operator license term be

transferred to a newly certified or re-certified individual,

and the Director may issue the appropriate pesticide applicator

or operator license to the newly certified or re-certified

individual with an expiration date equal to the original

license after payment of a $10 transfer fee.

(c) The Director may refuse to issue a license or pesticide

dealer registration based upon the violation history of the

applicant.

(Source: P.A. 98-923, eff. 1-1-15; 99-540, eff. 1-1-17; revised

10-6-16.)

Section 625. The Mercury Thermostat Collection Act is

amended by changing Section 25 as follows:

(415 ILCS 98/25)

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

Sec. 25. Collection goals. The collection programs

established by thermostat manufacturers under this Act shall be

designed to collectively achieve the following statewide

goals:

(a) For calendar year 2011, the collection of least

5,000 mercury thermostats taken out of service in the State

during the calendar year.

(b) For calendar years 2012, 2013, and 2014, the

collection of at least 15,000 mercury thermostats taken out

of service in the State during each calendar year.

(c) For calendar years 2015 through 2020, the

collection goals shall be established by the Agency. The

Agency shall establish collection goals no later than

November 1, 2014. The collection goals established by the

Agency shall maximize the annual collection of

out-of-service mercury thermostats in the State. In

developing the collection goals, the Agency shall take into

account, at a minimum, (i) the effectiveness of collection

programs for out-of-service mercury thermostats in the

State and other states, including education and outreach

efforts, (ii) collection requirements in other states,

(iii) any reports or studies on the number of

out-of-service mercury thermostats that are available for

collection in this State, other states, and nationally, and

(iv) other factors. Prior to establishing the collection

goals, the Agency shall consult with stakeholder groups

that include, at a minimum, representatives of thermostat

manufacturers, environmental groups, thermostat

wholesalers, contractors, and thermostat retailers.

(d) The collection goals established by the Agency under

subsection (c) of this Section are statements of general

applicability under Section 1-70 of the Illinois

Administrative Procedure Act and shall be adopted in accordance

with the procedures of that Act. Any person adversely affected

by a goal established by the Agency under subsection (c) of

this Section may obtain a determination of the validity or

application of the goal by filing a petition for review within

35 days after the date the adopted goal is published in the

Illinois Register pursuant to subsection (d) of Section 5-40 40

of the Illinois Administrative Procedure Act. Review shall be

afforded directly in the Appellate Court for the District in

which the cause of action arose and not the Circuit Court.

During the pendency of the review, the goal under review shall

remain in effect.

(e) For the purposes of determining compliance with the

collection goals established under this Section, for calendar

year 2015 and for each calendar year thereafter, the number of

out-of-service mercury thermostats represented by loose

ampoules shall be calculated:

(1) using a conversion factor such that each loose

mercury ampoule collected shall be deemed the

equivalent of 0.85 mercury thermostats; or

(2) using an alternative conversion factor

determined by the manufacturer or group of

manufacturers.

A manufacturer or group of manufacturers shall include

data and calculations to support its use of an alternative

conversion factor.

(Source: P.A. 99-122, eff. 7-23-15; revised 10-26-16.)

Section 635. The Firearm Owners Identification Card Act is

amended by changing Section 9 as follows:

(430 ILCS 65/9) (from Ch. 38, par. 83-9)

Sec. 9. Every person whose application for a Firearm

Owner's Identification Card is denied, and every holder of such

a Card whose Card is revoked or seized, shall receive a written

notice from the Department of State Police stating specifically

the grounds upon which his application has been denied or upon

which his Identification Card has been revoked. The written

notice shall include the requirements of Section 9.5 of this

Act and the person's persons's right to administrative or

judicial review under Section 10 and 11 of this Act. A copy of

the written notice shall be provided to the sheriff and law

enforcement agency where the person resides.

(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; revised

10-5-16.)

Section 640. The Livestock Management Facilities Act is

amended by changing Section 30 as follows:

(510 ILCS 77/30)

Sec. 30. Certified Livestock Manager. The Department shall

establish a Certified Livestock Manager program in conjunction

with the livestock industry that will enhance management skills

in critical areas, such as environmental awareness, safety

concerns, odor control techniques and technology, neighbor

awareness, current best management practices, and the

developing and implementing of manure management plans.

(a) Applicability. A livestock waste handling facility

serving 300 or greater animal units shall be operated only

under the supervision of a certified livestock manager.

Notwithstanding Not withstanding the before-stated provision,

a livestock waste handling facility may be operated on an

interim basis, but not to exceed 6 months, to allow for the

owner or operator of the facility to become certified.

(b) A certification program shall include the following:

(1) A general working knowledge of best management

practices.

(2) A general working knowledge of livestock waste

handling practices and procedures.

(3) A general working knowledge of livestock

management operations and related safety issues.

(4) An awareness and understanding of the

responsibility of the owner or operator for all employees

who may be involved with waste handling.

(c) Any certification issued shall be valid for 3 years and

thereafter be subject to renewal. A renewal shall be valid for

a 3 year period and the procedures set forth in this Section

shall be followed. The Department may require anyone who is

certified to be recertified in less than 3 years for just cause

including but not limited to repeated complaints where

investigations reveal the need to improve management

practices.

(d) Methods for obtaining certified livestock manager

status.

(1) The owner or operator of a livestock waste handling

facility serving 300 or greater animal units but less than

1,000 animal units shall become a certified livestock

manager by:

(A) attending a training session conducted by the

Department of Agriculture, Cooperative Extension

Service, or any agriculture association, which has

been approved by or is in cooperation with the

Department; or

(B) in lieu of attendance at a training session,

successfully completing a written competency

examination.

(2) The owner or operator of a livestock waste handling

facility serving 1,000 or greater animal units shall become

a certified livestock manager by attending a training

session conducted by the Department of Agriculture,

Cooperative Extension Service, or any agriculture

association, which has been approved by or is in

cooperation with the Department and successfully

completing a written competency examination.

(e) The certified livestock manager certificate shall be

issued by the Department and shall indicate that the person

named on the certificate is certified as a livestock management

facility manager, the dates of certification, and when renewal

is due.

(f) For the years prior to 2011, the Department shall

charge $10 for the issuance or renewal of a certified livestock

manager certificate. For the years 2011 and thereafter, the

Department shall charge $30 for the issuance or renewal of a

certified livestock manager certificate. The Department may,

by rule, establish fees to cover the costs of materials and

training for training sessions given by the Department.

(g) The owner or operator of a livestock waste handling

facility operating in violation of the provisions of subsection

(a) of this Section shall be issued a warning letter for the

first violation and shall be required to have a certified

manager for the livestock waste handling facility within 30

working days. For failure to comply with the warning letter

within the 30 day period, the person shall be fined an

administrative penalty of up to $1,000 by the Department and

shall be required to enter into an agreement to have a

certified manager for the livestock waste handling facility

within 30 working days. For continued failure to comply, the

Department may issue an operational cease and desist order

until compliance is attained.

(Source: P.A. 96-1310, eff. 7-27-10; revised 10-5-16.)

Section 645. The Wildlife Code is amended by changing

Section 2.33a as follows:

(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)

Sec. 2.33a. Trapping.

(a) It is unlawful to fail to visit and remove all animals

from traps staked out, set, used, tended, placed or maintained

at least once each calendar day.

(b) It is unlawful for any person to place, set, use, or

maintain a leghold trap or one of similar construction on land,

that has a jaw spread of larger than 6 1/2 inches (16.6 CM), or

a body-gripping trap or one of similar construction having a

jaw spread larger than 7 inches (17.8 CM) on a side if square

and 8 inches (20.4 CM) if round.

(c) It is unlawful for any person to place, set, use, or

maintain a leghold trap or one of similar construction in

water, that has a jaw spread of larger than 7 1/2 inches (19.1

CM), or a body-gripping trap or one of similar construction

having a jaw spread larger than 10 inches (25.4 CM) on a side

if square and 12 inches (30.5 CM) if round.

(d) It is unlawful to use any trap with saw-toothed,

spiked, or toothed jaws.

(e) It is unlawful to destroy, disturb or in any manner

interfere with dams, lodges, burrows or feed beds of beaver

while trapping for beaver or to set a trap inside a muskrat

house or beaver lodge, except that this shall not apply to

Drainage Districts that who are acting pursuant to the

provisions of Section 2.37.

(f) It is unlawful to trap beaver or river otter with: (1)

a leghold trap or one of similar construction having a jaw

spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2

inches (19.1 CM), or (2) a body-gripping trap or one of similar

construction having a jaw spread of less than 7 inches (17.7

CM) or more than 10 inches (25.4 CM) on a side if square and 12

inches (30.5 CM) if round, except that these restrictions shall

not apply during the open season for trapping raccoons.

(g) It is unlawful to set traps closer than 10 feet (3.05

M) from any hole or den which may be occupied by a game mammal

or fur-bearing mammal except that this restriction shall not

apply to water sets.

(h) It is unlawful to trap or attempt to trap any

fur-bearing mammal with any colony, cage, box, or stove-pipe

trap designed to take more than one mammal at a single setting.

(i) It is unlawful for any person to set or place any trap

designed to take any fur-bearing mammal protected by this Act

during the closed trapping season. Proof that any trap was

placed during the closed trapping season shall be deemed prima

facie evidence of a violation of this provision.

(j) It is unlawful to place, set, or maintain any leghold

trap or one of similar construction within thirty (30) feet

(9.14 m) of bait placed in such a manner or position that it is

not completely covered and concealed from sight, except that

this shall not apply to underwater sets. Bait shall mean and

include any bait composed of mammal, bird, or fish flesh, fur,

hide, entrails or feathers.

(k) (Blank).

(l) It is unlawful for any person to place, set, use or

maintain a snare trap or one of similar construction in water,

that has a loop diameter exceeding 15 inches (38.1 CM) or a

cable or wire diameter of more than 1/8 inch (3.2 MM) or less

than 5/64 inch (2.0 MM), that is constructed of stainless steel

metal cable or wire, and that does not have a mechanical lock,

anchor swivel and stop device to prevent the mechanical lock

from closing the noose loop to a diameter of less than 2 1/2

inches (6.4 CM).

(m) It is unlawful to trap muskrat or mink with (1) a

leghold trap or one of similar construction or (2) a

body-gripping trap or one of similar construction unless the

body-gripping trap or similar trap is completely submerged

underwater when set. These restrictions shall not apply during

the open season for trapping raccoons.

(Source: P.A. 99-33, eff. 1-1-16; revised 10-27-16.)

Section 650. The Illinois Vehicle Code is amended by

changing Sections 1-132, 2-115, 3-114.1, 3-414, 3-506,

3-699.14, 3-704.1, 3-809, 6-106, 7-311, 11-905, 11-907,

11-908, 11-1431, 15-107, and 18c-7402 as follows:

(625 ILCS 5/1-132) (from Ch. 95 1/2, par. 1-132)

Sec. 1-132. Intersection.

(a) The area embraced within the prolongation or connection

of the lateral curb lines, or, if none, then the lateral

boundary lines of the roadways of two highways which join one

another at, or approximately at, right angles or the area

within which vehicles traveling upon different roadways

joining at any other angle may come in conflict.

(b) Where a highway includes two roadways 40 feet or more

apart, then every crossing of each roadway of such divided

highway by an intersecting highway shall be regarded as a

separate intersection.

(c) The junction of an alley with a street or highway does

not constitute an intersection.

(Source: P.A. 77-321; revised 9-14-16.)

(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)

Sec. 2-115. Investigators.

(a) The Secretary of State, for the purpose of more

effectively carrying out the provisions of the laws in relation

to motor vehicles, shall have power to appoint such number of

investigators as he may deem necessary. It shall be the duty of

such investigators to investigate and enforce violations of the

provisions of this Act administered by the Secretary of State

and provisions of Chapters 11, 12, 13, 14, and 15 and to

investigate and report any violation by any person who operates

as a motor carrier of property as defined in Section 18-100 of

this Act and does not hold a valid certificate or permit. Such

investigators shall have and may exercise throughout the State

all of the powers of peace officers.

No person may be retained in service as an investigator

under this Section after he or she has reached 60 years of age,

except for a person employed in the title of Capitol Police

Investigator and who began employment on or after January 1,

2011, in which case, that person they may not be retained in

service after that person has reached 65 years of age.

The Secretary of State must authorize to each investigator

employed under this Section and to any other employee of the

Office of the Secretary of State exercising the powers of a

peace officer a distinct badge that, on its face, (i) clearly

states that the badge is authorized by the Office of the

Secretary of State and (ii) contains a unique identifying

number. No other badge shall be authorized by the Office of the

Secretary of State.

(b) The Secretary may expend such sums as he deems

necessary from Contractual Services appropriations for the

Department of Police for the purchase of evidence, for the

employment of persons to obtain evidence, and for the payment

for any goods or services related to obtaining evidence. Such

sums shall be advanced to investigators authorized by the

Secretary to expend funds, on vouchers signed by the Secretary.

In addition, the Secretary of State is 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 solely for the purchase of evidence and for the

employment of persons to obtain evidence, or for the payment

for any goods or services related to obtaining evidence;

provided that no check may be written on nor any withdrawal

made from any such account except on the written signatures of

2 persons designated by the Secretary to write such checks and

make such withdrawals, and provided further that the balance of

moneys on deposit in any such account shall not exceed $5,000

at any time, nor shall any one check written on or single

withdrawal made from any such account exceed $5,000.

All fines or moneys collected or received by the Department

of Police under any State or federal forfeiture statute;

including, but not limited to moneys forfeited under Section 12

of the Cannabis Control Act, moneys forfeited under Section 85

of the Methamphetamine Control and Community Protection Act,

and moneys distributed under Section 413 of the Illinois

Controlled Substances Act, shall be deposited into the

Secretary of State Evidence Fund.

In all convictions for offenses in violation of this Act,

the Court may order restitution to the Secretary of any or all

sums expended for the purchase of evidence, for the employment

of persons to obtain evidence, and for the payment for any

goods or services related to obtaining evidence. All such

restitution received by the Secretary shall be deposited into

the Secretary of State Evidence Fund. Moneys deposited into the

fund shall, subject to appropriation, be used by the Secretary

of State for the purposes provided for under the provisions of

this Section.

(Source: P.A. 99-896, eff. 1-1-17; revised 10-25-16.)

(625 ILCS 5/3-114.1)

Sec. 3-114.1. Transfers to and from charitable

organizations. When a charitable not-for-profit organization

that is exempt from federal income taxation under Section

501(c)(3) of the Internal Revenue Code becomes the recipient of

a motor vehicle by means of a donation from an individual, the

organization need not send the certificate of title to the

Secretary of State. Upon transferring the motor vehicle, the

organization shall promptly and within 20 days execute the

reassignment to reflect the transfer from the organization to

the purchaser. The organization is specifically authorized to

complete and execute the space reserved in the certificate of

title for a dealer reassignment, notwithstanding not

withstanding that the organization is not a licensed dealer.

Nothing in this Section shall be construed to require the

organization to become a licensed vehicle dealer.

(Source: P.A. 92-495, eff. 1-1-02; revised 9-14-16.)

(625 ILCS 5/3-414) (from Ch. 95 1/2, par. 3-414)

Sec. 3-414. Expiration of registration.

(a) Every vehicle registration under this Chapter and every

registration card and registration plate or registration

sticker issued hereunder to a vehicle shall be for the periods

specified in this Chapter and shall expire at midnight on the

day and date specified in this Section as follows:

1. When registered on a calendar year basis commencing

January 1, expiration shall be on the 31st day of December

or at such other date as may be selected in the discretion

of the Secretary of State; however, through December 31,

2004, registrations of apportionable vehicles,

motorcycles, motor driven cycles and pedalcycles shall

commence on the first day of April and shall expire March

31st of the following calendar year;

1.1. Beginning January 1, 2005, registrations of

motorcycles and motor driven cycles shall commence on

January 1 and shall expire on December 31 or on another

date that may be selected by the Secretary; registrations

of apportionable vehicles and pedalcycles, however, shall

commence on the first day of April and shall expire March

31 of the following calendar year;

2. When registered on a 2 calendar year basis

commencing January 1 of an even-numbered year, expiration

shall be on the 31st day of December of the ensuing

odd-numbered year, or at such other later date as may be

selected in the discretion of the Secretary of State not

beyond March 1 next;

3. When registered on a fiscal year basis commencing

July 1, expiration shall be on the 30th day of June or at

such other later date as may be selected in the discretion

of the Secretary of State not beyond September 1 next;

4. When registered on a 2 fiscal year basis commencing

July 1 of an even-numbered year, expiration shall be on the

30th day of June of the ensuing even-numbered year, or at

such other later date as may be selected in the discretion

of the Secretary of State not beyond September 1 next;

5. When registered on a 4 fiscal year basis commencing

July 1 of an even-numbered year, expiration shall be on the

30th day of June of the second ensuing even-numbered year,

or at such other later date as may be selected in the

discretion of the Secretary of State not beyond September 1

next. ;

(a-5) The Secretary may, in his or her discretion, require

an owner of a motor vehicle of the first division or a motor

vehicle of the second division weighing not more than 8,000

pounds to select the owner's birthday as the date of

registration expiration under this Section. If the motor

vehicle has more than one registered owner, the owners may

select one registered owner's birthday as the date of

registration expiration. The Secretary may adopt any rules

necessary to implement this subsection.

(b) Vehicle registrations of vehicles of the first division

shall be for a calendar year, 2 calendar year, 3 calendar year,

or 5 calendar year basis as provided for in this Chapter.

Vehicle registrations of vehicles under Sections 3-807,

3-808 and 3-809 shall be on an indefinite term basis or a 2

calendar year basis as provided for in this Chapter.

Vehicle registrations for vehicles of the second division

shall be for a fiscal year, 2 fiscal year or calendar year

basis as provided for in this Chapter.

Motor vehicles registered under the provisions of Section

3-402.1 shall be issued multi-year registration plates with a

new registration card issued annually upon payment of the

appropriate fees. Motor vehicles registered under the

provisions of Section 3-405.3 shall be issued multi-year

registration plates with a new multi-year registration card

issued pursuant to subsections (j), (k), and (l) of this

Section upon payment of the appropriate fees. Apportionable

trailers and apportionable semitrailers registered under the

provisions of Section 3-402.1 shall be issued multi-year

registration plates and cards that will be subject to

revocation for failure to pay annual fees required by Section

3-814.1. The Secretary shall determine when these vehicles

shall be issued new registration plates.

(c) Every vehicle registration specified in Section 3-810

and every registration card and registration plate or

registration sticker issued thereunder shall expire on the 31st

day of December of each year or at such other date as may be

selected in the discretion of the Secretary of State.

(d) Every vehicle registration for a vehicle of the second

division weighing over 8,000 pounds, except as provided in

paragraph (g) of this Section, and every registration card and

registration plate or registration sticker, where applicable,

issued hereunder to such vehicles shall be issued for a fiscal

year commencing on July 1st of each registration year. However,

the Secretary of State may, pursuant to an agreement or

arrangement or declaration providing for apportionment of a

fleet of vehicles with other jurisdictions, provide for

registration of such vehicles under apportionment or for all of

the vehicles registered in Illinois by an applicant who

registers some of his vehicles under apportionment on a

calendar year basis instead, and the fees or taxes to be paid

on a calendar year basis shall be identical to those specified

in this Act for a fiscal year registration. Provision for

installment payment may also be made.

(e) Semitrailer registrations under apportionment may be

on a calendar year under a reciprocal agreement or arrangement

and all other semitrailer registrations shall be on fiscal year

or 2 fiscal year or 4 fiscal year basis as provided for in this

Chapter.

(f) The Secretary of State may convert annual registration

plates or 2-year registration plates, whether registered on a

calendar year or fiscal year basis, to multi-year plates. The

determination of which plate categories and when to convert to

multi-year plates is solely within the discretion of the

Secretary of State.

(g) After January 1, 1975, each registration, registration

card and registration plate or registration sticker, where

applicable, issued for a recreational vehicle or recreational

or camping trailer, except a house trailer, used exclusively by

the owner for recreational purposes, and not used commercially

nor as a truck or bus, nor for hire, shall be on a calendar year

basis; except that the Secretary of State shall provide for

registration and the issuance of registration cards and plates

or registration stickers, where applicable, for one 6-month

period in order to accomplish an orderly transition from a

fiscal year to a calendar year basis. Fees and taxes due under

this Act for a registration year shall be appropriately reduced

for such 6-month transitional registration period.

(h) The Secretary of State may, in order to accomplish an

orderly transition for vehicles registered under Section

3-402.1 of this Code from a calendar year registration to a

March 31st expiration, require applicants to pay fees and taxes

due under this Code on a 15 month registration basis. However,

if in the discretion of the Secretary of State this creates an

undue hardship on any applicant the Secretary may allow the

applicant to pay 3 month fees and taxes at the time of

registration and the additional 12 month fees and taxes to be

payable no later than March 31, 1992 31 of the year after this

amendatory Act of 1991 takes effect.

(i) The Secretary of State may stagger registrations, or

change the annual expiration date, as necessary for the

convenience of the public and the efficiency of his Office. In

order to appropriately and effectively accomplish any such

staggering, the Secretary of State is authorized to prorate all

required registration fees, rounded to the nearest dollar, but

in no event for a period longer than 18 months, at a monthly

rate for a 12 month registration fee.

(j) The Secretary of State may enter into an agreement with

a rental owner, as defined in Section 3-400 of this Code, who

registers a fleet of motor vehicles of the first division

pursuant to Section 3-405.3 of this Code to provide for the

registration of the rental owner's vehicles on a 2 or 3

calendar year basis and the issuance of multi-year registration

plates with a new registration card issued up to every 3 years.

(k) The Secretary of State may provide multi-year

registration cards for any registered fleet of motor vehicles

of the first or second division that are registered pursuant to

Section 3-405.3 of this Code. Each motor vehicle of the

registered fleet must carry an unique multi-year registration

card that displays the vehicle identification number of the

registered motor vehicle. The Secretary of State shall

promulgate rules in order to implement multi-year

registrations.

(l) Beginning with the 2018 registration year, the

Secretary of State may enter into an agreement with a rental

owner, as defined in Section 3-400 of this Code, who registers

a fleet of motor vehicles of the first division under Section

3-405.3 of this Code to provide for the registration of the

rental owner's vehicle on a 5 calendar year basis. Motor

vehicles registered on a 5 calendar year basis shall be issued

a distinct registration plate that expires on a 5-year cycle.

The Secretary may prorate the registration of these

registration plates to the length of time remaining in the

5-year cycle. The Secretary may adopt any rules necessary to

implement this subsection.

(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; revised

10-26-16.)

(625 ILCS 5/3-506)

Sec. 3-506. Transfer of plates to spouses of military

service members. Upon the death of a military service member

who has been issued a special plate plates under Section

3-609.1, 3-620, 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, 3-666, 3-667,

3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688,

3-693, 3-698, or 3-699.12 of this Code, the surviving spouse of

that service member may retain the plate so long as that spouse

is a resident of Illinois and transfers the registration to his

or her name within 180 days of the death of the service member.

For the purposes of this Section, "service member" means

any individual who is serving or has served in any branch of

the United States Armed Forces, including the National Guard or

other reserve components of the Armed Forces, and has been

issued a special plate listed in this Section.

(Source: P.A. 99-805, eff. 1-1-17; revised 10-27-16.)

(625 ILCS 5/3-699.14)

Sec. 3-699.14. Universal special 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, may issue

Universal special license plates to residents of Illinois on

behalf of organizations that have been authorized by the

General Assembly to issue decals for Universal special license

plates. Appropriate documentation, as determined by the

Secretary, shall accompany each application. Authorized

organizations shall be designated by amendment to this Section.

When applying for a Universal special license plate the

applicant shall inform the Secretary of the name of the

authorized organization from which the applicant will obtain a

decal to place on the plate. The Secretary shall make a record

of that organization and that organization shall remain

affiliated with that plate until the plate is surrendered,

revoked, or otherwise cancelled. The authorized organization

may charge a fee to offset the cost of producing and

distributing the decal, but that fee shall be retained by the

authorized organization and shall be separate and distinct from

any registration fees charged by the Secretary. No decal,

sticker, or other material may be affixed to a Universal

special license plate other than a decal authorized by the

General Assembly in this Section or a registration renewal

sticker. The special plates issued under this Section shall be

affixed only to passenger vehicles of the first division,

including motorcycles and autocycles, or motor vehicles of the

second division weighing not more than 8,000 pounds. Plates

issued under this Section shall expire according to the

multi-year procedure under Section 3-414.1 of this Code.

(b) The design, color, and format of the Universal special

license plate shall be wholly within the discretion of the

Secretary. Universal special license plates are not required to

designate "Land of Lincoln", as prescribed in subsection (b) of

Section 3-412 of this Code. The design shall allow for the

application of a decal to the plate. Organizations authorized

by the General Assembly to issue decals for Universal special

license plates shall comply with rules adopted by the Secretary

governing the requirements for and approval of Universal

special license plate decals. The Secretary may, in his or her

discretion, allow Universal special license plates to be issued

as vanity or personalized plates in accordance with Section

3-405.1 of this Code. The Secretary of State must make a

version of the special registration plates authorized under

this Section in a form appropriate for motorcycles and

autocycles.

(c) When authorizing a Universal special license plate, the

General Assembly shall set forth whether an additional fee is

to be charged for the plate and, if a fee is to be charged, the

amount of the fee and how the fee is to be distributed. When

necessary, the authorizing language shall create a special fund

in the State treasury into which fees may be deposited for an

authorized Universal special license plate. Additional fees

may only be charged if the fee is to be paid over to a State

agency or to a charitable entity that is in compliance with the

registration and reporting requirements of the Charitable

Trust Act and the Solicitation for Charity Act. Any charitable

entity receiving fees for the sale of Universal special license

plates shall annually provide the Secretary of State a letter

of compliance issued by the Attorney General verifying that the

entity is in compliance with the Charitable Trust Act and the

Solicitation for Charity Act.

(d) Upon original issuance and for each registration

renewal period, in addition to the appropriate registration

fee, if applicable, the Secretary shall collect any additional

fees, if required, for issuance of Universal special license

plates. The fees shall be collected on behalf of the

organization designated by the applicant when applying for the

plate. All fees collected shall be transferred to the State

agency on whose behalf the fees were collected, or paid into

the special fund designated in the law authorizing the

organization to issue decals for Universal special license

plates. All money in the designated fund shall be distributed

by the Secretary subject to appropriation by the General

Assembly.

(e) The following organizations may issue decals for

Universal special license plates with the original and renewal

fees and fee distribution as follows:

(1) The Illinois Department of Natural Resources.

(A) Original issuance: $25; with $10 to the

Roadside Monarch Habitat Fund and $15 to the Secretary

of State Special Plate Fund.

(B) Renewal: $25; with $23 to the Roadside Monarch

Habitat Fund and $2 to the Secretary of State Special

Plate Fund.

(2) (1) Illinois Veterans' Homes.

(A) Original issuance: $26, which shall be

deposited into the Illinois Veterans' Homes Fund.

(B) Renewal: $26, which shall be deposited into the

Illinois Veterans' Homes Fund.

(f) The following funds are created as special funds in the

State treasury:

(1) The Roadside Monarch Habitat Fund. All moneys to be

paid as grants to the Illinois Department of Natural

Resources to fund roadside monarch and other pollinator

habitat development, enhancement, and restoration projects

in this State.

(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,

eff. 1-1-17; revised 9-12-16.)

(625 ILCS 5/3-704.1)

Sec. 3-704.1. Municipal vehicle tax liability; suspension

of registration.

(a) As used in this Section:

(1) "Municipality" means a city, village or

incorporated town with a population over 1,000,000.

(2) "Vehicle tax" means a motor vehicle tax and any

related late fees or charges imposed by a municipality

under Section 8-11-4 of or the Illinois Municipal Code or

under the municipality's home rule powers.

(3) "Vehicle owner" means the registered owner or

owners of a vehicle who are residents of the municipality.

(b) A municipality that imposes a vehicle tax may, by

ordinance adopted under this Section, establish a system

whereby the municipality notifies the Secretary of State of

vehicle tax liability and the Secretary of State suspends the

registration of vehicles for which the tax has not been paid.

An ordinance establishing a system must provide for the

following:

(1) A first notice for failure to pay a vehicle tax

shall be sent by first class mail to the vehicle owner at

the owner's address recorded with the Secretary of State

whenever the municipality has reasonable cause to believe

that the vehicle owner has failed to pay a vehicle tax as

required by ordinance. The notice shall include at least

the following:

(A) The name and address of the vehicle owner.

(B) The registration plate number of the vehicle.

(C) The period for which the vehicle tax is due.

(D) The amount of vehicle tax that is due.

(E) A statement that the vehicle owner's

registration for the vehicle will be subject to

suspension proceedings unless the vehicle owner pays

the vehicle tax or successfully contests the owner's

alleged liability within 30 days of the date of the

notice.

(F) An explanation of the vehicle owner's

opportunity to be heard under subsection (c).

(2) If a vehicle owner fails to pay the vehicle tax or

to contest successfully the owner's alleged liability

within the period specified in the first notice, a second

notice of impending registration suspension shall be sent

by first class mail to the vehicle owner at the owner's

address recorded with the Secretary of State. The notice

shall contain the same information as the first notice, but

shall also state that the failure to pay the amount owing,

or to contest successfully the alleged liability within 45

days of the date of the second notice, will result in the

municipality's notification of the Secretary of State that

the vehicle owner is eligible for initiation of suspension

proceedings under this Section.

(c) An ordinance adopted under this Section must also give

the vehicle owner an opportunity to be heard upon the filing of

a timely petition with the municipality. A vehicle owner may

contest the alleged tax liability either through an

adjudication by mail or at an administrative hearing, at the

option of the vehicle owner. The grounds upon which the

liability may be contested may be limited to the following:

(1) The alleged vehicle owner does not own the vehicle.

(2) The vehicle is not subject to the vehicle tax by

law.

(3) The vehicle tax for the period in question has been

paid.

At an administrative hearing, the formal or technical rules

of evidence shall not apply. The hearing shall be recorded. The

person conducting the hearing shall have the power to

administer oaths and to secure by subpoena the attendance and

testimony of witnesses and the production of relevant

documents.

(d) If a vehicle owner who has been sent a first notice of

failure to pay a vehicle tax and a second notice of impending

registration suspension fails to pay the vehicle tax or to

contest successfully the vehicle owner's liability within the

periods specified in the notices, the appropriate official

shall cause a certified report to be sent to the Secretary of

State under subsection (e).

(e) A report of a municipality notifying the Secretary of

State of a vehicle owner's failure to pay a vehicle tax or

related fines or penalties under this Section shall be

certified by the appropriate official and shall contain the

following:

(1) The name, last known address, and registration

plate number of the vehicle of the person who failed to pay

the vehicle tax.

(2) The name of the municipality making the report.

(3) A statement that the municipality sent notices as

required by subsection (b); the date on which the notices

were sent; the address to which the notices were sent; and

the date of the hearing, if any.

(f) Following receipt of the certified report under this

Section, the Secretary of State shall notify the vehicle owner

that the vehicle's registration will be suspended at the end of

a reasonable specified period of time unless the Secretary of

State is presented with a notice from the municipality

certifying that the person has paid the necessary vehicle tax,

or that inclusion of that person's name or registration number

on the certified report was in error. The Secretary's notice

shall state in substance the information contained in the

certified report from the municipality to the Secretary, and

shall be effective as specified by subsection (c) of Section

6-211 of this Code. The notice shall also inform the person of

the person's right to a hearing under subsection (g).

(g) An administrative hearing with the Office of the

Secretary of State to contest an impending suspension or a

suspension made under this Section may be had upon filing a

written request with the Secretary of State. The filing fee for

this hearing shall be $20 to be paid at the time the request is

made.

(1) The scope of any administrative hearing with the

Secretary of State to contest an impending suspension under

this Section shall be limited to the following issues:

(A) Whether the report of the appropriate official

of the municipality was certified and contained the

information required by this Section.

(B) Whether the municipality making the certified

report to the Secretary of State established

procedures by ordinance for persons to challenge the

accuracy of the certified report.

(C) Whether the Secretary of State notified the

vehicle owner that the vehicle's registration would be

suspended at the end of the specified time period

unless the Secretary of State was presented with a

notice from the municipality certifying that the

person has purchased the necessary vehicle tax sticker

or that inclusion of that person's name or registration

number on the certified report was in error.

A municipality that files a certified report with the

Secretary of State under this Section shall reimburse the

Secretary for all reasonable costs incurred by the Secretary as

a result of the filing of the report, including but not limited

to the costs of providing the notice required under subsection

(f) and the costs incurred by the Secretary in any hearing

conducted with respect to the report under this subsection and

any appeal from that hearing.

(h) After the expiration of the time specified under

subsection (g), the Secretary of State shall, unless the

suspension is successfully contested, suspend the registration

of the vehicle until the Secretary receives notice under

subsection (i).

(i) Any municipality making a certified report to the

Secretary of State under this subsection shall notify the

Secretary of State, in a form prescribed by the Secretary,

whenever a person named in the certified report has

subsequently paid a vehicle tax or whenever the municipality

determines that the original report was in error. A certified

copy of the notification shall also be given upon request and

at no additional charge to the person named in the report. Upon

receipt of the notification or presentation of a certified copy

of the notification by the municipality, the Secretary of State

shall terminate the suspension.

(j) To facilitate enforcement of municipal vehicle tax

liability, a municipality may provide by ordinance for a

program of vehicle immobilization as provided by Section

11-1430.1 of this Code.

(Source: P.A. 97-937, eff. 8-10-12; revised 9-14-16.)

(625 ILCS 5/3-809) (from Ch. 95 1/2, par. 3-809)

Sec. 3-809. Farm machinery, exempt vehicles and fertilizer

spreaders; registration spreaders - registration fee.

(a) Vehicles of the second division having a corn sheller,

a well driller, hay press, clover huller, feed mixer and

unloader, or other farm machinery permanently mounted thereon

and used solely for transporting the same, farm wagon type

trailers having a fertilizer spreader attachment permanently

mounted thereon, having a gross weight of not to exceed 36,000

pounds and used only for the transportation of bulk fertilizer,

and farm wagon type tank trailers of not to exceed 3,000

gallons capacity, used during the liquid fertilizer season as

field-storage "nurse tanks" supplying the fertilizer to a field

applicator and moved on highways only for bringing the

fertilizer from a local source of supply to farm or field or

from one farm or field to another, or used during the lime

season and moved on the highways only for bringing from a local

source of supply to farm or field or from one farm or field to

another, shall be registered upon the filing of a proper

application and the payment of a registration fee of $13 per

2-year registration period. This registration fee of $13 shall

be paid in full and shall not be reduced even though such

registration is made after the beginning of the registration

period.

(b) Vehicles exempt from registration under the provisions

of Section 3-402.A of this Act, as amended, except those

vehicles required to be registered under paragraph (c) of this

Section, may, at the option of the owner, be identified as

exempt vehicles by displaying registration plates issued by the

Secretary of State. The owner thereof may apply for such

permanent, non-transferable registration plates upon the

filing of a proper application and the payment of a

registration fee of $13. The application for and display of

such registration plates for identification purposes by

vehicles exempt from registration shall not be deemed as a

waiver or rescission recision of its exempt status, nor make

such vehicle subject to registration. Nothing in this Section

prohibits the towing of another vehicle by the exempt vehicle

if the towed vehicle:

(i) does not exceed the registered weight of 8,000

pounds;

(ii) is used exclusively for transportation to and from

the work site;

(iii) is not used for carrying counter weights or other

material related to the operation of the exempt vehicle

while under tow; and

(iv) displays proper and current registration plates.

(c) Any single unit self-propelled agricultural fertilizer

implement, designed for both on and off road use, equipped with

flotation tires and otherwise specially adapted for the

application of plant food materials or agricultural chemicals,

desiring to be operated upon the highways ladened with load

shall be registered upon the filing of a proper application and

payment of a registration fee of $250. The registration fee

shall be paid in full and shall not be reduced even though such

registration is made during the second half of the registration

year. These vehicles shall, whether loaded or unloaded, be

limited to a maximum gross weight of 36,000 pounds, restricted

to a highway speed of not more than 30 miles per hour and a

legal width of not more than 12 feet. Such vehicles shall be

limited to the furthering of agricultural or horticultural

pursuits and in furtherance of these pursuits, such vehicles

may be operated upon the highway, within a 50 mile radius of

their point of loading as indicated on the written or printed

statement required by the "Illinois Fertilizer Act of 1961", as

amended, for the purpose of moving plant food materials or

agricultural chemicals to the field, or from field to field,

for the sole purpose of application.

No single unit self-propelled agricultural fertilizer

implement, designed for both on and off road use, equipped with

flotation tires and otherwise specially adapted for the

application of plant food materials or agricultural chemicals,

having a width of more than 12 feet or a gross weight in excess

of 36,000 pounds, shall be permitted to operate upon the

highways ladened with load.

Whenever any vehicle is operated in violation of subsection

(c) of this Section 3-809 (c) of this Act, the owner or the

driver of such vehicle shall be deemed guilty of a petty

offense and either may be prosecuted for such violation.

(Source: P.A. 96-665, eff. 1-1-10; revised 9-14-16.)

(625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)

Sec. 6-106. Application for license or instruction permit.

(a) Every application for any permit or license authorized

to be issued under this Code shall be made upon a form

furnished by the Secretary of State. Every application shall be

accompanied by the proper fee and payment of such fee shall

entitle the applicant to not more than 3 attempts to pass the

examination within a period of one year after the date of

application.

(b) Every application shall state the legal name, social

security number, zip code, date of birth, sex, and residence

address of the applicant; briefly describe the applicant; state

whether the applicant has theretofore been licensed as a

driver, and, if so, when and by what state or country, and

whether any such license has ever been cancelled, suspended,

revoked or refused, and, if so, the date and reason for such

cancellation, suspension, revocation or refusal; shall include

an affirmation by the applicant that all information set forth

is true and correct; and shall bear the applicant's signature.

In addition to the residence address, the Secretary may allow

the applicant to provide a mailing address. In the case of an

applicant who is a judicial officer or peace officer, the

Secretary may allow the applicant to provide an office or work

address in lieu of a residence or mailing address. The

application form may also require the statement of such

additional relevant information as the Secretary of State shall

deem necessary to determine the applicant's competency and

eligibility. The Secretary of State may, in his discretion, by

rule or regulation, provide that an application for a drivers

license or permit may include a suitable photograph of the

applicant in the form prescribed by the Secretary, and he may

further provide that each drivers license shall include a

photograph of the driver. The Secretary of State may utilize a

photograph process or system most suitable to deter alteration

or improper reproduction of a drivers license and to prevent

substitution of another photo thereon. For the purposes of this

subsection (b), "peace officer" means any person who by virtue

of his or her office or public employment is vested by law with

a duty to maintain public order or to make arrests for a

violation of any penal statute of this State, whether that duty

extends to all violations or is limited to specific violations.

(b-5) Beginning July 1, 2017, every applicant for a

driver's license or permit shall provide proof of lawful status

in the United States as defined in 6 CFR 37.3, as amended.

Applicants who are unable to provide the Secretary with proof

of lawful status may apply for a driver's license or permit

under Section 6-105.1 of this Code.

(c) The application form shall include a notice to the

applicant of the registration obligations of sex offenders

under the Sex Offender Registration Act. The notice shall be

provided in a form and manner prescribed by the Secretary of

State. For purposes of this subsection (c), "sex offender" has

the meaning ascribed to it in Section 2 of the Sex Offender

Registration Act.

(d) Any male United States citizen or immigrant who applies

for any permit or license authorized to be issued under this

Code or for a renewal of any permit or license, and who is at

least 18 years of age but less than 26 years of age, must be

registered in compliance with the requirements of the federal

Military Selective Service Act. The Secretary of State must

forward in an electronic format the necessary personal

information regarding the applicants identified in this

subsection (d) to the Selective Service System. The applicant's

signature on the application serves as an indication that the

applicant either has already registered with the Selective

Service System or that he is authorizing the Secretary to

forward to the Selective Service System the necessary

information for registration. The Secretary must notify the

applicant at the time of application that his signature

constitutes consent to registration with the Selective Service

System, if he is not already registered.

(e) Beginning on or before July 1, 2015, for each original

or renewal driver's license application under this Code, the

Secretary shall inquire as to whether the applicant is a

veteran for purposes of issuing a driver's license with a

veteran designation under subsection (e-5) of Section 6-110 of

this Code. The acceptable forms of proof shall include, but are

not limited to, Department of Defense form DD-214. The Illinois

Department of Veterans' Affairs shall advise the Secretary as

to what other forms of proof of a person's status as a veteran

are acceptable.

The Illinois Department of Veterans' Affairs shall confirm

the status of the applicant as an honorably discharged veteran

before the Secretary may issue the driver's license.

For purposes of this subsection (e):

"Armed forces" means any of the Armed Forces of the United

States, including a member of any reserve component or National

Guard unit.

"Veteran" means a person who has served in the armed forces

and was discharged or separated under honorable conditions.

(Source: P.A. 98-323, eff. 1-1-14; 98-463, eff. 8-16-13;

98-756, eff. 7-16-14; 99-511, eff. 1-1-17; 99-544, eff.

7-15-16; revised 9-13-16.)

(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)

Sec. 7-311. Payments sufficient to satisfy requirements.

(a) Judgments herein referred to arising out of motor

vehicle accidents occurring on or after January 1, 2015 (the

effective date of Public Act 98-519) shall for the purpose of

this Chapter be deemed satisfied:

1. when When $25,000 has been credited upon any

judgment or judgments rendered in excess of that amount for

bodily injury to or the death of one person as the result

of any one motor vehicle accident; or

2. when When, subject to said limit of $25,000 as to

any one person, the sum of $50,000 has been credited upon

any judgment or judgments rendered in excess of that amount

for bodily injury to or the death of more than one person

as the result of any one motor vehicle accident; or

3. when When $20,000 has been credited upon any

judgment or judgments, rendered in excess of that amount

for damages to property of others as a result of any one

motor vehicle accident.

The changes to this subsection made by Public Act 98-519

apply only to policies issued or renewed on or after January 1,

2015.

(b) Credit for such amounts shall be deemed a satisfaction

of any such judgment or judgments in excess of said amounts

only for the purposes of this Chapter.

(c) Whenever payment has been made in settlement of any

claim for bodily injury, death, or property damage arising from

a motor vehicle accident resulting in injury, death, or

property damage to two or more persons in such accident, any

such payment shall be credited in reduction of the amounts

provided for in this Section.

(Source: P.A. 98-519, eff. 1-1-15; 99-78, eff. 7-20-15; revised

9-16-16.)

(625 ILCS 5/11-905) (from Ch. 95 1/2, par. 11-905)

Sec. 11-905. Merging traffic. Notwithstanding Not

withstanding the right-of-way right of way provision in Section

Sec. 11-901 of this Act, at an intersection where traffic lanes

are provided for merging traffic the driver of each vehicle on

the converging roadways is required to adjust his vehicular

speed and lateral position so as to avoid a collision with

another vehicle.

(Source: P.A. 81-860; revised 9-16-16.)

(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)

Sec. 11-907. Operation of vehicles and streetcars on

approach of authorized emergency vehicles.

(a) Upon the immediate approach of an authorized emergency

vehicle making use of audible and visual signals meeting the

requirements of this Code or a police vehicle properly and

lawfully making use of an audible or visual signal: ,

(1) the driver of every other vehicle shall yield the

right-of-way and shall immediately drive to a position

parallel to, and as close as possible to, the right-hand

edge or curb of the highway clear of any intersection and

shall, if necessary to permit the safe passage of the

emergency vehicle, stop and remain in such position until

the authorized emergency vehicle has passed, unless

otherwise directed by a police officer; and

(2) the operator of every streetcar shall immediately

stop such car clear of any intersection and keep it in such

position until the authorized emergency vehicle has

passed, unless otherwise directed by a police officer.

(b) This Section shall not operate to relieve the driver of

an authorized emergency vehicle from the duty to drive with due

regard for the safety of all persons using the highway.

(c) Upon approaching a stationary authorized emergency

vehicle, when the authorized emergency vehicle is giving a

signal by displaying alternately flashing red, red and white,

blue, or red and blue lights or amber or yellow warning lights,

a person who drives an approaching vehicle shall:

(1) proceeding with due caution, yield the

right-of-way by making a lane change into a lane not

adjacent to that of the authorized emergency vehicle, if

possible with due regard to safety and traffic conditions,

if on a highway having at least 4 lanes with not less than

2 lanes proceeding in the same direction as the approaching

vehicle; or

(2) proceeding with due caution, reduce the speed of

the vehicle, maintaining a safe speed for road conditions,

if changing lanes would be impossible or unsafe.

As used in this subsection (c), "authorized emergency

vehicle" includes any vehicle authorized by law to be equipped

with oscillating, rotating, or flashing lights under Section

12-215 of this Code, while the owner or operator of the vehicle

is engaged in his or her official duties.

(d) A person who violates subsection (c) of this Section

commits a business offense punishable by a fine of not less

than $100 or more than $10,000. It is a factor in aggravation

if the person committed the offense while in violation of

Section 11-501 of this Code. Imposition of the penalties

authorized by this subsection (d) for a violation of subsection

(c) of this Section that results in the death of another person

does not preclude imposition of appropriate additional civil or

criminal penalties.

(e) If a violation of subsection (c) of this Section

results in damage to the property of another person, in

addition to any other penalty imposed, the person's driving

privileges shall be suspended for a fixed period of not less

than 90 days and not more than one year.

(f) If a violation of subsection (c) of this Section

results in injury to another person, in addition to any other

penalty imposed, the person's driving privileges shall be

suspended for a fixed period of not less than 180 days and not

more than 2 years.

(g) If a violation of subsection (c) of this Section

results in the death of another person, in addition to any

other penalty imposed, the person's driving privileges shall be

suspended for 2 years.

(h) The Secretary of State shall, upon receiving a record

of a judgment entered against a person under subsection (c) of

this Section:

(1) suspend the person's driving privileges for the

mandatory period; or

(2) extend the period of an existing suspension by the

appropriate mandatory period.

(Source: P.A. 95-884, eff. 1-1-09; revised 9-16-16.)

(625 ILCS 5/11-908) (from Ch. 95 1/2, par. 11-908)

Sec. 11-908. Vehicle approaching or entering a highway

construction or maintenance area or zone.

(a) The driver of a vehicle shall yield the right-of-way

right of way to any authorized vehicle or pedestrian actually

engaged in work upon a highway within any highway construction

or maintenance area indicated by official traffic-control

devices.

(a-1) Upon entering a construction or maintenance zone when

workers are present, a person who drives a vehicle shall:

(1) proceeding with due caution, make a lane change

into a lane not adjacent to that of the workers present, if

possible with due regard to safety and traffic conditions,

if on a highway having at least 4 lanes with not less than

2 lanes proceeding in the same direction as the approaching

vehicle; or

(2) proceeding with due caution, reduce the speed of

the vehicle, maintaining a safe speed for road conditions,

if changing lanes would be impossible or unsafe.

(a-2) A person who violates subsection (a-1) of this

Section commits a business offense punishable by a fine of not

less than $100 and not more than $10,000. It is a factor in

aggravation if the person committed the offense while in

violation of Section 11-501 of this Code.

(a-3) If a violation of subsection (a-1) of this Section

results in damage to the property of another person, in

addition to any other penalty imposed, the person's driving

privileges shall be suspended for a fixed period of not less

than 90 days and not more than one year.

(a-4) If a violation of subsection (a-1) of this Section

results in injury to another person, in addition to any other

penalty imposed, the person's driving privileges shall be

suspended for a fixed period of not less than 180 days and not

more than 2 years.

(a-5) If a violation of subsection (a-1) of this Section

results in the death of another person, in addition to any

other penalty imposed, the person's driving privileges shall be

suspended for 2 years.

(a-6) The Secretary of State shall, upon receiving a record

of a judgment entered against a person under subsection (a-1)

of this Section:

(1) suspend the person's driving privileges for the

mandatory period; or

(2) extend the period of an existing suspension by the

appropriate mandatory period.

(b) The driver of a vehicle shall yield the right-of-way

right of way to any authorized vehicle obviously and actually

engaged in work upon a highway whenever the vehicle engaged in

construction or maintenance work displays flashing lights as

provided in Section 12-215 of this Act.

(c) The driver of a vehicle shall stop if signaled to do so

by a flagger or a traffic control signal and remain in such

position until signaled to proceed. If a driver of a vehicle

fails to stop when signaled to do so by a flagger, the flagger

is authorized to report such offense to the State's Attorney or

authorized prosecutor. The penalties imposed for a violation of

this subsection (c) shall be in addition to any penalties

imposed for a violation of subsection (a-1).

(Source: P.A. 92-872, eff. 6-1-03; 93-705, eff. 7-9-04; revised

9-16-16.)

(625 ILCS 5/11-1431)

Sec. 11-1431. Solicitations at accident or disablement

scene prohibited.

(a) A tower, as defined by Section 1-205.2 of this Code, or

an employee or agent of a tower may not: (i) stop at the scene

of a motor vehicle accident or at or near a damaged or disabled

vehicle for the purpose of soliciting the owner or operator of

the damaged or disabled vehicle to enter into a towing service

transaction; or (ii) stop at the scene of an accident or at or

near a damaged or disabled vehicle unless called to the

location by a law enforcement officer, the Illinois Department

of Transportation, the Illinois State Toll Highway Authority, a

local agency having jurisdiction over the highway, the owner or

operator of the damaged or disabled vehicle, or the owner or

operator's authorized agent, including his or her insurer or

motor club of which the owner or operator is a member. This

Section shall not apply to employees of the Department, the

Illinois State Toll Highway Authority, or local agencies when

engaged in their official duties. Nothing in this Section shall

prevent a tower from stopping at the scene of a motor vehicle

accident or at or near a damaged or disabled vehicle if the

owner or operator signals the tower for assistance from the

location of the motor vehicle accident or damaged or disabled

vehicle.

(b) A person or company who violates this Section is guilty

of a Class 4 felony. A person convicted of violating this

Section shall also have his or her driver's license, permit, or

privileges suspended for 3 months. After the expiration of the

3-month 3 month suspension, the person's driver's license,

permit, or privileges shall not be reinstated until he or she

has paid a reinstatement fee of $100. If a person violates this

Section while his or her driver's license, permit, or

privileges are suspended under this subsection (b), his or her

driver's license, permit, or privileges shall be suspended for

an additional 6 months, and shall not be reinstated after the

expiration of the 6-month 6 month suspension until he or she

pays a reinstatement fee of $100. A vehicle owner, or his or

her authorized agent or automobile insurer, may bring a claim

against a company or person who willfully and materially

violates this Section. A court may award the prevailing party

reasonable attorney's fees, costs, and expenses relating to

that action.

(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;

revised 10-27-16.)

(625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)

Sec. 15-107. Length of vehicles.

(a) The maximum length of a single vehicle on any highway

of this State may not exceed 42 feet except the following:

(1) Semitrailers.

(2) Charter or regulated route buses may be up to 45

feet in length, not including energy absorbing bumpers.

(a-1) A motor home as defined in Section 1-145.01 may be up

to 45 feet in length, not including energy absorbing bumpers.

The length limitations described in this subsection (a-1) shall

be exclusive of energy-absorbing bumpers and rear view mirrors.

(b) On all non-State highways, the maximum length of

vehicles in combinations is as follows:

(1) A truck tractor in combination with a semitrailer

may not exceed 55 feet overall dimension.

(2) A truck tractor-semitrailer-trailer or truck

tractor semitrailer-semitrailer may not exceed 60 feet

overall dimension.

(3) Combinations specially designed to transport motor

vehicles or boats may not exceed 60 feet overall dimension.

Vehicles operating during daylight hours when transporting

poles, pipes, machinery, or other objects of a structural

nature that cannot readily be dismembered are exempt from

length limitations, provided that no object may exceed 80 feet

in length and the overall dimension of the vehicle including

the load may not exceed 100 feet. This exemption does not apply

to operation on a Saturday, Sunday, or legal holiday. Legal

holidays referred to in this Section are the days on which the

following traditional holidays are celebrated: New Year's Day;

Memorial Day; Independence Day; Labor Day; Thanksgiving Day;

and Christmas Day.

Vehicles and loads operated by a public utility while en

route to make emergency repairs to public service facilities or

properties are exempt from length limitations, provided that

during night operations every vehicle and its load must be

equipped with a sufficient number of clearance lamps on both

sides and marker lamps on the extreme ends of any projecting

load to clearly mark the dimensions of the load.

A tow truck in combination with a disabled vehicle or

combination of disabled vehicles, as provided in paragraph (6)

of subsection (c) of this Section, is exempt from length

limitations.

All other combinations not listed in this subsection (b)

may not exceed 60 feet overall dimension.

(c) Except as provided in subsections (c-1) and (c-2),

combinations of vehicles may not exceed a total of 2 vehicles

except the following:

(1) A truck tractor semitrailer may draw one trailer.

(2) A truck tractor semitrailer may draw one converter

dolly or one semitrailer.

(3) A truck tractor semitrailer may draw one vehicle

that is defined in Chapter 1 as special mobile equipment,

provided the overall dimension does not exceed 60 feet.

(4) A truck in transit may draw 3 trucks in transit

coupled together by the triple saddlemount method.

(5) Recreational vehicles consisting of 3 vehicles,

provided the following:

(A) The total overall dimension does not exceed 60

feet.

(B) The towing vehicle is a properly registered

vehicle capable of towing another vehicle using a

fifth-wheel type assembly.

(C) The second vehicle in the combination of

vehicles is a recreational vehicle that is towed by a

fifth-wheel assembly. This vehicle must be properly

registered and must be equipped with brakes,

regardless of weight.

(D) The third vehicle must be the lightest of the 3

vehicles and be a trailer or semitrailer designed or

used for transporting a boat, all-terrain vehicle,

personal watercraft, or motorcycle.

(E) The towed vehicles may be only for the use of

the operator of the towing vehicle.

(F) All vehicles must be properly equipped with

operating brakes and safety equipment required by this

Code, except the additional brake requirement in

subdivision (C) of this subparagraph (5).

(6) A tow truck in combination with a disabled vehicle

or combination of disabled vehicles, provided the towing

vehicle:

(A) Is specifically designed as a tow truck having

a gross vehicle weight rating of at least 18,000 pounds

and equipped with air brakes, provided that air brakes

are required only if the towing vehicle is towing a

vehicle, semitrailer, or tractor-trailer combination

that is equipped with air brakes. For the purpose of

this subsection, gross vehicle weight rating, or GVWR,

means the value specified by the manufacturer as the

loaded weight of the tow truck.

(B) Is equipped with flashing, rotating, or

oscillating amber lights, visible for at least 500 feet

in all directions.

(C) Is capable of utilizing the lighting and

braking systems of the disabled vehicle or combination

of vehicles.

(D) Does not engage a tow exceeding 50 highway

miles from the initial point of wreck or disablement to

a place of repair. Any additional movement of the

vehicles may occur only upon issuance of authorization

for that movement under the provisions of Sections

15-301 through 15-319 of this Code.

The Department may by rule or regulation prescribe

additional requirements regarding length limitations for a

tow truck towing another vehicle.

For purposes of this Section, a tow-dolly that merely

serves as substitute wheels for another legally licensed

vehicle is considered part of the licensed vehicle and not

a separate vehicle.

(7) Commercial vehicles consisting of 3 vehicles,

provided the following:

(A) The total overall dimension does not exceed 65

feet.

(B) The towing vehicle is a properly registered

vehicle capable of towing another vehicle using a

fifth-wheel type assembly or a goose-neck hitch ball.

(C) The third vehicle must be the lightest of the 3

vehicles and be a trailer or semitrailer.

(D) All vehicles must be properly equipped with

operating brakes and safety equipment required by this

Code.

(E) The combination of vehicles must be operated by

a person who holds a commercial driver's license (CDL).

(F) The combination of vehicles must be en route to

a location where new or used trailers are sold by an

Illinois or out-of-state licensed new or used trailer

dealer.

(c-1) A combination of 3 vehicles is allowed access to any

State designated highway if:

(1) the length of neither towed vehicle exceeds 28.5

feet;

(2) the overall wheel base of the combination of

vehicles does not exceed 62 feet; and

(3) the combination of vehicles is en route to a

location where new or used trailers are sold by an Illinois

or out-of-state licensed new or used trailer dealer.

(c-2) A combination of 3 vehicles is allowed access from

any State designated highway onto any county, township, or

municipal highway for a distance of 5 highway miles for the

purpose of delivery or collection of one or both of the towed

vehicles if:

(1) the length of neither towed vehicle exceeds 28.5

feet;

(2) the combination of vehicles does not exceed 40,000

pounds in gross weight and 8 feet 6 inches in width;

(3) there is no sign prohibiting that access;

(4) the route is not being used as a thoroughfare

between State designated highways; and

(5) the combination of vehicles is en route to a

location where new or used trailers are sold by an Illinois

or out-of-state licensed new or used trailer dealer.

(d) On Class I highways there are no overall length

limitations on motor vehicles operating in combinations

provided:

(1) The length of a semitrailer, unladen or with load,

in combination with a truck tractor may not exceed 53 feet.

(2) The distance between the kingpin and the center of

the rear axle of a semitrailer longer than 48 feet, in

combination with a truck tractor, may not exceed 45 feet 6

inches. The limit contained in this paragraph (2) shall not

apply to trailers or semi-trailers used for the transport

of livestock as defined by Section 18b-101.

(3) The length of a semitrailer or trailer, unladen or

with load, operated in a truck tractor-semitrailer-trailer

or truck tractor semitrailer-semitrailer combination, may

not exceed 28 feet 6 inches.

(4) Maxi-cube combinations, as defined in Chapter 1,

may not exceed 65 feet overall dimension.

(5) Combinations of vehicles specifically designed to

transport motor vehicles or boats may not exceed 65 feet

overall dimension. The length limitation is inclusive of

front and rear bumpers but exclusive of the overhang of the

transported vehicles, as provided in paragraph (i) of this

Section.

(6) Stinger-steered Stinger steered semitrailer

vehicles specifically designed to transport motor vehicles

or boats and automobile transporters, as defined in Chapter

1, may not exceed 80 feet overall dimension. The length

limitation is inclusive of front and rear bumpers but

exclusive of the overhang of the transported vehicles, as

provided in paragraph (i) of this Section.

(7) A truck in transit transporting 3 trucks coupled

together by the triple saddlemount method may not exceed 97

feet overall dimension.

(8) A towaway trailer transporter combination may not

exceed 82 feet overall dimension.

Vehicles operating during daylight hours when transporting

poles, pipes, machinery, or other objects of a structural

nature that cannot readily be dismembered are exempt from

length limitations, provided that no object may exceed 80 feet

in length and the overall dimension of the vehicle including

the load may not exceed 100 feet. This exemption does not apply

to operation on a Saturday, Sunday, or legal holiday. Legal

holidays referred to in this Section are the days on which the

following traditional holidays are celebrated: New Year's Day;

Memorial Day; Independence Day; Labor Day; Thanksgiving Day;

and Christmas Day.

Vehicles and loads operated by a public utility while en

route to make emergency repairs to public service facilities or

properties are exempt from length limitations, provided that

during night operations every vehicle and its load must be

equipped with a sufficient number of clearance lamps on both

sides and marker lamps on the extreme ends of any projecting

load to clearly mark the dimensions of the load.

A tow truck in combination with a disabled vehicle or

combination of disabled vehicles, as provided in paragraph (6)

of subsection (c) of this Section, is exempt from length

limitations.

The length limitations described in this paragraph (d)

shall be exclusive of safety and energy conservation devices,

such as bumpers, refrigeration units or air compressors and

other devices, that the Department may interpret as necessary

for safe and efficient operation; except that no device

excluded under this paragraph shall have by its design or use

the capability to carry cargo.

Section 5-35 of the Illinois Administrative Procedure Act

relating to procedures for rulemaking shall not apply to the

designation of highways under this paragraph (d).

(e) On Class II highways there are no overall length

limitations on motor vehicles operating in combinations,

provided:

(1) The length of a semitrailer, unladen or with load,

in combination with a truck tractor, may not exceed 53 feet

overall dimension.

(2) The distance between the kingpin and the center of

the rear axle of a semitrailer longer than 48 feet, in

combination with a truck tractor, may not exceed 45 feet 6

inches. The limit contained in this paragraph (2) shall not

apply to trailers or semi-trailers used for the transport

of livestock as defined by Section 18b-101.

(3) A truck tractor-semitrailer-trailer or truck

tractor semitrailer-semitrailer combination may not exceed

65 feet in dimension from front axle to rear axle.

(4) The length of a semitrailer or trailer, unladen or

with load, operated in a truck tractor-semitrailer-trailer

or truck tractor semitrailer-semitrailer combination, may

not exceed 28 feet 6 inches.

(5) Maxi-cube combinations, as defined in Chapter 1,

may not exceed 65 feet overall dimension.

(6) A combination of vehicles, specifically designed

to transport motor vehicles or boats, may not exceed 65

feet overall dimension. The length limitation is inclusive

of front and rear bumpers but exclusive of the overhang of

the transported vehicles, as provided in paragraph (i) of

this Section.

(7) Stinger-steered Stinger steered semitrailer

vehicles specifically designed to transport motor vehicles

or boats, may not exceed 80 feet overall dimension. The

length limitation is inclusive of front and rear bumpers

but exclusive of the overhang of the transported vehicles,

as provided in paragraph (i) of this Section.

(8) A truck in transit transporting 3 trucks coupled

together by the triple saddlemount method may not exceed 97

feet overall dimension.

(9) A towaway trailer transporter combination may not

exceed 82 feet overall dimension.

Vehicles operating during daylight hours when transporting

poles, pipes, machinery, or other objects of a structural

nature that cannot readily be dismembered are exempt from

length limitations, provided that no object may exceed 80 feet

in length and the overall dimension of the vehicle including

the load may not exceed 100 feet. This exemption does not apply

to operation on a Saturday, Sunday, or legal holiday. Legal

holidays referred to in this Section are the days on which the

following traditional holidays are celebrated: New Year's Day;

Memorial Day; Independence Day; Labor Day; Thanksgiving Day;

and Christmas Day.

Vehicles and loads operated by a public utility while en

route to make emergency repairs to public service facilities or

properties are exempt from length limitations, provided that

during night operations every vehicle and its load must be

equipped with a sufficient number of clearance lamps on both

sides and marker lamps on the extreme ends of any projecting

load to clearly mark the dimensions of the load.

A tow truck in combination with a disabled vehicle or

combination of disabled vehicles, as provided in paragraph (6)

of subsection (c) of this Section, is exempt from length

limitations.

Local authorities, with respect to streets and highways

under their jurisdiction, may also by ordinance or resolution

allow length limitations of this subsection (e).

The length limitations described in this paragraph (e)

shall be exclusive of safety and energy conservation devices,

such as bumpers, refrigeration units or air compressors and

other devices, that the Department may interpret as necessary

for safe and efficient operation; except that no device

excluded under this paragraph shall have by its design or use

the capability to carry cargo.

Section 5-35 of the Illinois Administrative Procedure Act

relating to procedures for rulemaking shall not apply to the

designation of highways under this paragraph (e).

(e-1) Combinations of vehicles not exceeding 65 feet

overall length are allowed access as follows:

(1) From any State designated highway onto any county,

township, or municipal highway for a distance of 5 highway

miles for the purpose of loading and unloading, provided:

(A) The vehicle does not exceed 80,000 pounds in

gross weight and 8 feet 6 inches in width.

(B) There is no sign prohibiting that access.

(C) The route is not being used as a thoroughfare

between State designated highways.

(2) From any State designated highway onto any county

or township highway for a distance of 5 highway miles or

onto any municipal highway for a distance of one highway

mile for the purpose of food, fuel, repairs, and rest,

provided:

(A) The vehicle does not exceed 80,000 pounds in

gross weight and 8 feet 6 inches in width.

(B) There is no sign prohibiting that access.

(C) The route is not being used as a thoroughfare

between State designated highways.

(e-2) Except as provided in subsection (e-3), combinations

of vehicles over 65 feet in length, with no overall length

limitation except as provided in subsections (d) and (e) of

this Section, are allowed access as follows:

(1) From a Class I highway onto any street or highway

for a distance of one highway mile for the purpose of

loading, unloading, food, fuel, repairs, and rest,

provided there is no sign prohibiting that access.

(2) From a Class I or Class II highway onto any State

highway or any locally designated highway for a distance of

5 highway miles for the purpose of loading, unloading,

food, fuel, repairs, and rest.

(e-3) Combinations of vehicles over 65 feet in length

operated by household goods carriers or towaway trailer

transporter combinations, with no overall length limitations

except as provided in subsections (d) and (e) of this Section,

have unlimited access to points of loading, unloading, or

delivery to or from a manufacturer, distributor, or dealer.

(f) On Class III and other non-designated State highways,

the length limitations for vehicles in combination are as

follows:

(1) Truck tractor-semitrailer combinations, must

comply with either a maximum 55 feet overall wheel base or

a maximum 65 feet extreme overall dimension.

(2) Semitrailers, unladen or with load, may not exceed

53 feet overall dimension.

(3) No truck tractor-semitrailer-trailer or truck

tractor semitrailer-semitrailer combination may exceed 60

feet extreme overall dimension.

(4) The distance between the kingpin and the center

axle of a semitrailer longer than 48 feet, in combination

with a truck tractor, may not exceed 42 feet 6 inches. The

limit contained in this paragraph (4) shall not apply to

trailers or semi-trailers used for the transport of

livestock as defined by Section 18b-101.

(g) Length limitations in the preceding subsections of this

Section 15-107 do not apply to the following:

(1) Vehicles operated in the daytime, except on

Saturdays, Sundays, or legal holidays, when transporting

poles, pipe, machinery, or other objects of a structural

nature that cannot readily be dismembered, provided the

overall length of vehicle and load may not exceed 100 feet

and no object exceeding 80 feet in length may be

transported unless a permit has been obtained as authorized

in Section 15-301.

(2) Vehicles and loads operated by a public utility

while en route to make emergency repairs to public service

facilities or properties, but during night operation every

vehicle and its load must be equipped with a sufficient

number of clearance lamps on both sides and marker lamps

upon the extreme ends of any projecting load to clearly

mark the dimensions of the load.

(3) A tow truck in combination with a disabled vehicle

or combination of disabled vehicles, provided the towing

vehicle meets the following conditions:

(A) It is specifically designed as a tow truck

having a gross vehicle weight rating of at least 18,000

pounds and equipped with air brakes, provided that air

brakes are required only if the towing vehicle is

towing a vehicle, semitrailer, or tractor-trailer

combination that is equipped with air brakes.

(B) It is equipped with flashing, rotating, or

oscillating amber lights, visible for at least 500 feet

in all directions.

(C) It is capable of utilizing the lighting and

braking systems of the disabled vehicle or combination

of vehicles.

(D) It does not engage in a tow exceeding 50 miles

from the initial point of wreck or disablement.

The Department may by rule or regulation prescribe

additional requirements regarding length limitations for a tow

truck towing another vehicle. The towing vehicle, however, may

tow any disabled vehicle from the initial point of wreck or

disablement to a point where repairs are actually to occur.

This movement shall be valid only on State routes. The tower

must abide by posted bridge weight limits.

For the purpose of this subsection, gross vehicle weight

rating, or GVWR, shall mean the value specified by the

manufacturer as the loaded weight of the tow truck. Legal

holidays referred to in this Section shall be specified as the

day on which the following traditional holidays are celebrated:

New Year's Day;

Memorial Day;

Independence Day;

Labor Day;

Thanksgiving Day; and

Christmas Day.

(h) The load upon any vehicle operated alone, or the load

upon the front vehicle of a combination of vehicles, shall not

extend more than 3 feet beyond the front wheels of the vehicle

or the front bumper of the vehicle if it is equipped with a

front bumper. The provisions of this subsection (h) shall not

apply to any vehicle or combination of vehicles specifically

designed for the collection and transportation of waste,

garbage, or recyclable materials during the vehicle's

operation in the course of collecting garbage, waste, or

recyclable materials if the vehicle is traveling at a speed not

in excess of 15 miles per hour during the vehicle's operation

and in the course of collecting garbage, waste, or recyclable

materials. However, in no instance shall the load extend more

than 7 feet beyond the front wheels of the vehicle or the front

bumper of the vehicle if it is equipped with a front bumper.

(i) The load upon the front vehicle of an automobile

transporter or a stinger-steered vehicle specifically designed

to transport motor vehicles shall not extend more than 4 feet

beyond the foremost part of the transporting vehicle and the

load upon the rear transporting vehicle shall not extend more

than 6 feet beyond the rear of the bed or body of the vehicle.

This paragraph shall only be applicable upon highways

designated in paragraphs (d) and (e) of this Section.

(j) Articulated vehicles comprised of 2 sections, neither

of which exceeds a length of 42 feet, designed for the carrying

of more than 10 persons, may be up to 60 feet in length, not

including energy absorbing bumpers, provided that the vehicles

are:

1. operated by or for any public body or motor carrier

authorized by law to provide public transportation

services; or

2. operated in local public transportation service by

any other person and the municipality in which the service

is to be provided approved the operation of the vehicle.

(j-1) (Blank).

(k) Any person who is convicted of violating this Section

is subject to the penalty as provided in paragraph (b) of

Section 15-113.

(l) (Blank).

(Source: P.A. 99-717, eff. 8-5-16; revised 10-28-16.)

(625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)

Sec. 18c-7402. Safety Requirements for Railroad

Operations.

(1) Obstruction of crossings.

(a) Obstruction of Emergency Vehicles. Every railroad

shall be operated in such a manner as to minimize

obstruction of emergency vehicles at crossings. Where such

obstruction occurs and the train crew is aware of the

obstruction, the train crew shall immediately take any

action, consistent with safe operating procedure,

necessary to remove the obstruction. In the Chicago and St.

Louis switching districts, every railroad dispatcher or

other person responsible for the movement of railroad

equipment in a specific area who receives notification that

railroad equipment is obstructing the movement of an

emergency vehicle at any crossing within such area shall

immediately notify the train crew through use of existing

communication facilities. Upon notification, the train

crew shall take immediate action in accordance with this

paragraph.

(b) Obstruction of Highway at Grade Crossing

Prohibited. It is unlawful for a rail carrier to permit any

train, railroad car or engine to obstruct public travel at

a railroad-highway grade crossing for a period in excess of

10 minutes, except where such train or railroad car is

continuously moving or cannot be moved by reason of

circumstances over which the rail carrier has no reasonable

control.

In a county with a population of greater than 1,000,000, as

determined by the most recent federal census, during the hours

of 7:00 a.m. through 9:00 a.m. and 4:00 p.m. through 6:00 p.m.

it is unlawful for a rail carrier to permit any single train or

railroad car to obstruct public travel at a railroad-highway

grade crossing in excess of a total of 10 minutes during a 30

minute period, except where the train or railroad car cannot be

moved by reason or circumstances over which the rail carrier

has no reasonable control. Under no circumstances will a moving

train be stopped for the purposes of issuing a citation related

to this Section.

However, no employee acting under the rules or orders of

the rail carrier or its supervisory personnel may be prosecuted

for a violation of this subsection (b).

(c) Punishment for Obstruction of Grade Crossing. Any

rail carrier violating paragraph (b) of this subsection

shall be guilty of a petty offense and fined not less than

$200 nor more than $500 if the duration of the obstruction

is in excess of 10 minutes but no longer than 15 minutes.

If the duration of the obstruction exceeds 15 minutes the

violation shall be a business offense and the following

fines shall be imposed: if the duration of the obstruction

is in excess of 15 minutes but no longer than 20 minutes,

the fine shall be $500; if the duration of the obstruction

is in excess of 20 minutes but no longer than 25 minutes,

the fine shall be $700; if the duration of the obstruction

is in excess of 25 minutes, but no longer than 30 minutes,

the fine shall be $900; if the duration of the obstruction

is in excess of 30 minutes but no longer than 35 minutes,

the fine shall be $1,000; if the duration of the

obstruction is in excess of 35 minutes, the fine shall be

$1,000 plus an additional $500 for each 5 minutes of

obstruction in excess of 25 minutes of obstruction.

(2) Other Operational Requirements.

(a) Bell and Whistle-Crossings. Every rail carrier

shall cause a bell, and a whistle or horn to be placed and

kept on each locomotive, and shall cause the same to be

rung or sounded by the engineer or fireman, at the distance

of at a least 1,320 feet, from the place where the railroad

crosses or intersects any public highway, and shall be kept

ringing or sounding until the highway is reached; provided

that at crossings where the Commission shall by order

direct, only after a hearing has been held to determine the

public is reasonably and sufficiently protected, the rail

carrier may be excused from giving warning provided by this

paragraph.

(a-5) The requirements of paragraph (a) of this

subsection (2) regarding ringing a bell and sounding a

whistle or horn do not apply at a railroad crossing that

has a permanently installed automated audible warning

device authorized by the Commission under Section

18c-7402.1 that sounds automatically when an approaching

train is at least 1,320 feet from the crossing and that

keeps sounding until the lead locomotive has crossed the

highway. The engineer or fireman may ring the bell or sound

the whistle or horn at a railroad crossing that has a

permanently installed audible warning device.

(b) Speed Limits. Each rail carrier shall operate its

trains in compliance with speed limits set by the

Commission. The Commission may set train speed limits only

where such limits are necessitated by extraordinary

circumstances affecting effecting the public safety, and

shall maintain such train speed limits in effect only for

such time as the extraordinary circumstances prevail.

The Commission and the Department of Transportation

shall conduct a study of the relation between train speeds

and railroad-highway grade crossing safety. The Commission

shall report the findings of the study to the General

Assembly no later than January 5, 1997.

(c) Special Speed Limit; Pilot Project. The Commission

and the Board of the Commuter Rail Division of the Regional

Transportation Authority shall conduct a pilot project in

the Village of Fox River Grove, the site of the fatal

school bus accident at a railroad crossing on October 25,

1995, in order to improve railroad crossing safety. For

this project, the Commission is directed to set the maximum

train speed limit for Regional Transportation Authority

trains at 50 miles per hour at intersections on that

portion of the intrastate rail line located in the Village

of Fox River Grove. If the Regional Transportation

Authority deliberately fails to comply with this maximum

speed limit, then any entity, governmental or otherwise,

that provides capital or operational funds to the Regional

Transportation Authority shall appropriately reduce or

eliminate that funding. The Commission shall report to the

Governor and the General Assembly on the results of this

pilot project in January 1999, January 2000, and January

2001. The Commission shall also submit a final report on

the pilot project to the Governor and the General Assembly

in January 2001. The provisions of this subsection (c),

other than this sentence, are inoperative after February 1,

2001.

(3) Report and Investigation of Rail Accidents.

(a) Reports. Every rail carrier shall report to the

Commission, by the speediest means possible, whether

telephone, telegraph, or otherwise, every accident

involving its equipment, track, or other property which

resulted in loss of life to any person. In addition, such

carriers shall file a written report with the Commission.

Reports submitted under this paragraph shall be strictly

confidential, shall be specifically prohibited from

disclosure, and shall not be admissible in any

administrative or judicial proceeding relating to the

accidents reported.

(b) Investigations. The Commission may investigate all

railroad accidents reported to it or of which it acquires

knowledge independent of reports made by rail carriers, and

shall have the power, consistent with standards and

procedures established under the Federal Railroad Safety

Act, as amended, to enter such temporary orders as will

minimize the risk of future accidents pending notice,

hearing, and final action by the Commission.

(Source: P.A. 91-675, eff. 6-1-00; 92-284, eff. 8-9-01; revised

9-16-16.)

Section 655. The Snowmobile Registration and Safety Act is

amended by changing Sections 1-2, 2-1, 5-7, and 5-7.4 as

follows:

(625 ILCS 40/1-2) (from Ch. 95 1/2, par. 601-2)

Sec. 1-2. Definitions. As used in this Act, the terms

specified in the Sections following this Section and preceding

Section 1-3 Sections 1-2.01 through 1-2.20 have the meanings

ascribed to them in those Sections unless the context clearly

requires a different meaning.

(Source: P.A. 78-856; revised 9-16-16.)

(625 ILCS 40/2-1) (from Ch. 95 1/2, par. 602-1)

Sec. 2-1. Enforcement.) It is the duty of all Conservation

Police Officers and all sheriffs, deputy sheriffs, and other

police officers to arrest any person detected in violation of

any of the provisions of this Act. It is further the duty of

all such officers to make prompt investigation of any violation

of the provisions of this Act reported by any other person, and

to cause a complaint to be filed before the circuit court if

there seems just ground for such complaint and evidence

procurable to support the same.

(Source: P.A. 79-885; revised 9-16-16.)

(625 ILCS 40/5-7)

Sec. 5-7. Operating a snowmobile while under the influence

of alcohol or other drug or drugs, intoxicating compound or

compounds, or a combination of them; criminal penalties;

suspension of operating privileges.

(a) A person may not operate or be in actual physical

control of a snowmobile within this State while:

1. The alcohol concentration in that person's blood,

other bodily substance, or breath is a concentration at

which driving a motor vehicle is prohibited under

subdivision (1) of subsection (a) of Section 11-501 of the

Illinois Vehicle Code;

2. The person is under the influence of alcohol;

3. The person is under the influence of any other drug

or combination of drugs to a degree that renders that

person incapable of safely operating a snowmobile;

3.1. The person is under the influence of any

intoxicating compound or combination of intoxicating

compounds to a degree that renders the person incapable of

safely operating a snowmobile;

4. The person is under the combined influence of

alcohol and any other drug or drugs or intoxicating

compound or compounds to a degree that renders that person

incapable of safely operating a snowmobile;

4.3. (4.3) The person who is not a CDL holder has a

tetrahydrocannabinol concentration in the person's whole

blood or other bodily substance at which driving a motor

vehicle is prohibited under subdivision (7) of subsection

(a) of Section 11-501 of the Illinois Vehicle Code;

4.5. (4.5) The person who is a CDL holder has any

amount of a drug, substance, or compound in the person's

breath, blood, other bodily substance, or urine resulting

from the unlawful use or consumption of cannabis listed in

the Cannabis Control Act; or

5. There is any amount of a drug, substance, or

compound in that person's breath, blood, other bodily

substance, or urine resulting from the unlawful use or

consumption of a controlled substance listed in the

Illinois Controlled Substances Act, methamphetamine as

listed in the Methamphetamine Control and Community

Protection Act, or intoxicating compound listed in the use

of Intoxicating Compounds Act.

(b) The fact that a person charged with violating this

Section is or has been legally entitled to use alcohol, other

drug or drugs, any intoxicating compound or compounds, or any

combination of them does not constitute a defense against a

charge of violating this Section.

(c) Every person convicted of violating this Section or a

similar provision of a local ordinance is guilty of a Class A

misdemeanor, except as otherwise provided in this Section.

(c-1) As used in this Section, "first time offender" means

any person who has not had a previous conviction or been

assigned supervision for violating this Section or a similar

provision of a local ordinance, or any person who has not had a

suspension imposed under subsection (e) of Section 5-7.1.

(c-2) For purposes of this Section, the following are

equivalent to a conviction:

(1) a forfeiture of bail or collateral deposited to

secure a defendant's appearance in court when forfeiture

has not been vacated; or

(2) the failure of a defendant to appear for trial.

(d) Every person convicted of violating this Section is

guilty of a Class 4 felony if:

1. The person has a previous conviction under this

Section;

2. The offense results in personal injury where a

person other than the operator suffers great bodily harm or

permanent disability or disfigurement, when the violation

was a proximate cause of the injuries. A person guilty of a

Class 4 felony under this paragraph 2, if sentenced to a

term of imprisonment, shall be sentenced to not less than

one year nor more than 12 years; or

3. The offense occurred during a period in which the

person's privileges to operate a snowmobile are revoked or

suspended, and the revocation or suspension was for a

violation of this Section or was imposed under Section

5-7.1.

(e) Every person convicted of violating this Section is

guilty of a Class 2 felony if the offense results in the death

of a person. A person guilty of a Class 2 felony under this

subsection (e), if sentenced to a term of imprisonment, shall

be sentenced to a term of not less than 3 years and not more

than 14 years.

(e-1) Every person convicted of violating this Section or a

similar provision of a local ordinance who had a child under

the age of 16 on board the snowmobile at the time of offense

shall be subject to a mandatory minimum fine of $500 and shall

be subject to a mandatory minimum of 5 days of community

service in a program benefiting children. The assignment under

this subsection shall not be subject to suspension nor shall

the person be eligible for probation in order to reduce the

assignment.

(e-2) Every person found guilty of violating this Section,

whose operation of a snowmobile while in violation of this

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

Section 11-501.01 of the Illinois Vehicle Code.

(e-3) In addition to any other penalties and liabilities, a

person who is found guilty of violating this Section, including

any person placed on court supervision, shall be fined $100,

payable to the circuit clerk, who shall distribute the money to

the law enforcement agency that made the arrest. In the event

that more than one agency is responsible for the arrest, the

$100 shall be shared equally. Any moneys received by a law

enforcement agency under this subsection (e-3) shall be used to

purchase law enforcement equipment or to provide law

enforcement training that will assist in the prevention of

alcohol related criminal violence throughout the State. Law

enforcement equipment shall include, but is not limited to,

in-car video cameras, radar and laser speed detection devices,

and alcohol breath testers.

(f) In addition to any criminal penalties imposed, the

Department of Natural Resources shall suspend the snowmobile

operation privileges of a person convicted or found guilty of a

misdemeanor under this Section for a period of one year, except

that first-time offenders are exempt from this mandatory one

year suspension.

(g) In addition to any criminal penalties imposed, the

Department of Natural Resources shall suspend for a period of 5

years the snowmobile operation privileges of any person

convicted or found guilty of a felony under this Section.

(Source: P.A. 99-697, eff. 7-29-16; revised 10-28-16.)

(625 ILCS 40/5-7.4)

Sec. 5-7.4. Admissibility of chemical tests of blood, other

bodily substance, or urine conducted in the regular course of

providing emergency medical treatment.

(a) Notwithstanding any other provision of law, the results

of blood, other bodily substance, or urine tests performed for

the purpose of determining the content of alcohol, other drug

or drugs, intoxicating compound or compounds, or any

combination of them in an individual's blood, other bodily

substance, or urine conducted upon persons receiving medical

treatment in a hospital emergency room, are admissible in

evidence as a business record exception to the hearsay rule

only in prosecutions for a violation of Section 5-7 of this Act

or a similar provision of a local ordinance or in prosecutions

for reckless homicide brought under the Criminal Code of 1961

or the Criminal Code of 2012.

The results of the tests are admissible only when each of

the following criteria are met:

1. the chemical tests performed upon an individual's

blood, other bodily substance, or urine were ordered in the

regular course of providing emergency treatment and not at

the request of law enforcement authorities; and

2. the chemical tests performed upon an individual's

blood, other bodily substance, or urine were performed by

the laboratory routinely used by the hospital.

3. (Blank).

Results of chemical tests performed upon an individual's

blood, other bodily substance, or urine are admissible into

evidence regardless of the time that the records were prepared.

(b) The confidentiality provisions of law pertaining to

medical records and medical treatment are not applicable with

regard to chemical tests performed upon a person's blood, other

bodily substance, or urine under the provisions of this Section

in prosecutions as specified in subsection (a) of this Section.

No person shall be liable for civil damages as a result of the

evidentiary use of the results of chemical testing of the

individual's blood, other bodily substance, or urine under this

Section or as a result of that person's testimony made

available under this Section.

(Source: P.A. 99-697, eff. 7-29-16; revised 10-31-16.)

Section 660. The Juvenile Court Act of 1987 is amended by

changing Sections 4-9, 5-710, 5-745, 5-7A-115, and 5-915 as

follows:

(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)

Sec. 4-9. 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 addicted, 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 addicted, 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 and agrees to abide by a court order which requires the

minor and his or her parent, guardian, or legal custodian to

complete an evaluation by an entity licensed by the Department

of Human Services, as the successor to the Department of

Alcoholism and Substance Abuse, and complete any treatment

recommendations indicated by the assessment. 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 or 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, or in a facility or program licensed by the Department

of Human Services for shelter and treatment services; 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, or in a facility

or program licensed by the Department of Human Services for

shelter and treatment services, 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. 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

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.

(3) If neither the parent, guardian, legal custodian,

responsible relative nor counsel of the minor has had actual

notice of or is present at the shelter care hearing, he or she

may file his or her affidavit setting forth these facts, and

the clerk shall set the matter for rehearing not later than 24

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.

(4) If the minor is not brought before a judicial officer

within the time period as specified in Section 4-8, the minor

must immediately be released from custody.

(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 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.

(8) 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, 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.

(9) 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

10-6-16.)

(705 ILCS 405/5-710)

Sec. 5-710. Kinds of sentencing orders.

(1) The following kinds of sentencing orders may be made in

respect of wards of the court:

(a) Except as provided in Sections 5-805, 5-810, 5-815,

a minor who is found guilty under Section 5-620 may be:

(i) put on probation or conditional discharge and

released to his or her parents, guardian or legal

custodian, provided, however, that any such minor who

is not committed to the Department of Juvenile Justice

under this subsection and who is found to be a

delinquent for an offense which is first degree murder,

a Class X felony, or a forcible felony shall be placed

on probation;

(ii) placed in accordance with Section 5-740, with

or without also being put on probation or conditional

discharge;

(iii) required to undergo a substance abuse

assessment conducted by a licensed provider and

participate in the indicated clinical level of care;

(iv) on and after the effective date of this

amendatory Act of the 98th General Assembly and before

January 1, 2017, placed in the guardianship of the

Department of Children and Family Services, but only if

the delinquent minor is under 16 years of age or,

pursuant to Article II of this Act, a minor for whom an

independent basis of abuse, neglect, or dependency

exists. On and after January 1, 2017, placed in the

guardianship of the Department of Children and Family

Services, but only if the delinquent minor is under 15

years of age or, pursuant to Article II of this Act, 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;

(v) placed in detention for a period not to exceed

30 days, either as the exclusive order of disposition

or, where appropriate, in conjunction with any other

order of disposition issued under this paragraph,

provided that any such detention shall be in a juvenile

detention home and the minor so detained shall be 10

years of age or older. However, the 30-day limitation

may be extended by further order of the court for a

minor under age 15 committed to the Department of

Children and Family Services if the court finds that

the minor is a danger to himself or others. The minor

shall be given credit on the sentencing order of

detention for time spent in detention under Sections

5-501, 5-601, 5-710, or 5-720 of this Article as a

result of the offense for which the sentencing order

was imposed. The court may grant credit on a sentencing

order of detention entered under a violation of

probation or violation of conditional discharge under

Section 5-720 of this Article for time spent in

detention before the filing of the petition alleging

the violation. A minor shall not be deprived of credit

for time spent in detention before the filing of a

violation of probation or conditional discharge

alleging the same or related act or acts. The

limitation that the minor shall only be placed in a

juvenile detention home does not apply as follows:

Persons 18 years of age and older who have a

petition of delinquency filed against them may be

confined in an adult detention facility. In making a

determination whether to confine a person 18 years of

age or older who has a petition of delinquency filed

against the person, these factors, among other

matters, shall be considered:

(A) the age of the person;

(B) any previous delinquent or criminal

history of the person;

(C) any previous abuse or neglect history of

the person;

(D) any mental health history of the person;

and

(E) any educational history of the person;

(vi) ordered partially or completely emancipated

in accordance with the provisions of the Emancipation

of Minors Act;

(vii) subject to having his or her driver's license

or driving privileges suspended for such time as

determined by the court but only until he or she

attains 18 years of age;

(viii) put on probation or conditional discharge

and placed in detention under Section 3-6039 of the

Counties Code for a period not to exceed the period of

incarceration permitted by law for adults found guilty

of the same offense or offenses for which the minor was

adjudicated delinquent, and in any event no longer than

upon attainment of age 21; this subdivision (viii)

notwithstanding any contrary provision of the law;

(ix) ordered to undergo a medical or other

procedure to have a tattoo symbolizing allegiance to a

street gang removed from his or her body; or

(x) placed in electronic home detention under Part

7A of this Article.

(b) A minor found to be guilty may be committed to the

Department of Juvenile Justice under Section 5-750 if the

minor is at least 13 years and under 20 years of age,

provided that the commitment to the Department of Juvenile

Justice shall be made only if the minor was found guilty of

a felony offense or first degree murder. The court shall

include in the sentencing order any pre-custody credits the

minor is entitled to under Section 5-4.5-100 of the Unified

Code of Corrections. The time during which a minor is in

custody before being released upon the request of a parent,

guardian or legal custodian shall also be considered as

time spent in custody.

(c) When a minor is found to be guilty for an offense

which is a violation of the Illinois Controlled Substances

Act, the Cannabis Control Act, or the Methamphetamine

Control and Community Protection Act and made a ward of the

court, the court may enter a disposition order requiring

the minor to undergo assessment, counseling or treatment in

a substance abuse program approved by the Department of

Human Services.

(2) Any sentencing order other than commitment to the

Department of Juvenile Justice may provide for protective

supervision under Section 5-725 and may include an order of

protection under Section 5-730.

(3) Unless the sentencing order expressly so provides, it

does not operate to close proceedings on the pending petition,

but is subject to modification until final closing and

discharge of the proceedings under Section 5-750.

(4) In addition to any other sentence, the court may order

any minor found to be delinquent to make restitution, in

monetary or non-monetary form, under the terms and conditions

of Section 5-5-6 of the Unified Code of Corrections, except

that the "presentencing hearing" referred to in that Section

shall be the sentencing hearing for purposes of this Section.

The parent, guardian or legal custodian of the minor may be

ordered by the court to pay some or all of the restitution on

the minor's behalf, pursuant to the Parental Responsibility

Law. The State's Attorney is authorized to act on behalf of any

victim in seeking restitution in proceedings under this

Section, up to the maximum amount allowed in Section 5 of the

Parental Responsibility Law.

(5) Any sentencing order where the minor is committed or

placed in accordance with Section 5-740 shall provide for the

parents or guardian of the estate of the minor to pay to the

legal custodian or guardian of the person of the minor such

sums as are determined by the custodian or guardian of the

person of the minor as necessary for the minor's needs. The

payments may not exceed the maximum amounts provided for by

Section 9.1 of the Children and Family Services Act.

(6) Whenever the sentencing order requires the minor to

attend school or participate in a program of training, the

truant officer or designated school official shall regularly

report to the court if the minor is a chronic or habitual

truant under Section 26-2a of the School Code. Notwithstanding

any other provision of this Act, in instances in which

educational services are to be provided to a minor in a

residential facility where the minor has been placed by the

court, costs incurred in the provision of those educational

services must be allocated based on the requirements of the

School Code.

(7) In no event shall a guilty minor be committed to the

Department of Juvenile Justice for a period of time in excess

of that period for which an adult could be committed for the

same act. The court shall include in the sentencing order a

limitation on the period of confinement not to exceed the

maximum period of imprisonment the court could impose under

Article V of the Unified Code of Corrections.

(7.5) In no event shall a guilty minor be committed to the

Department of Juvenile Justice or placed in detention when the

act for which the minor was adjudicated delinquent would not be

illegal if committed by an adult.

(7.6) In no event shall a guilty minor be committed to the

Department of Juvenile Justice for an offense which is a Class

4 felony under Section 19-4 (criminal trespass to a residence),

21-1 (criminal damage to property), 21-1.01 (criminal damage to

government supported property), 21-1.3 (criminal defacement of

property), 26-1 (disorderly conduct), or 31-4 (obstructing

justice), of the Criminal Code of 2012.

(7.75) In no event shall a guilty minor be committed to the

Department of Juvenile Justice for an offense that is a Class 3

or Class 4 felony violation of the Illinois Controlled

Substances Act unless the commitment occurs upon a third or

subsequent judicial finding of a violation of probation for

substantial noncompliance with court-ordered court ordered

treatment or programming.

(8) A minor found to be guilty for reasons that include a

violation of Section 21-1.3 of the Criminal Code of 1961 or the

Criminal Code of 2012 shall be ordered to perform community

service for not less than 30 and not more than 120 hours, if

community service is available in the jurisdiction. The

community service shall include, but need not be limited to,

the cleanup and repair of the damage that was caused by the

violation or similar damage to property located in the

municipality or county in which the violation occurred. The

order may be in addition to any other order authorized by this

Section.

(8.5) A minor found to be guilty for reasons that include a

violation of Section 3.02 or Section 3.03 of the Humane Care

for Animals Act or paragraph (d) of subsection (1) of Section

21-1 of the Criminal Code of 1961 or paragraph (4) of

subsection (a) of Section 21-1 of the Criminal Code of 2012

shall be ordered to undergo medical or psychiatric treatment

rendered by a psychiatrist or psychological treatment rendered

by a clinical psychologist. The order may be in addition to any

other order authorized by this Section.

(9) In addition to any other sentencing order, the court

shall order any minor found to be guilty for an act which would

constitute, predatory criminal sexual assault of a child,

aggravated criminal sexual assault, criminal sexual assault,

aggravated criminal sexual abuse, or criminal sexual abuse if

committed by an adult to undergo medical testing to determine

whether the defendant has any sexually transmissible disease

including a test for infection with human immunodeficiency

virus (HIV) or any other identified causative agency of

acquired immunodeficiency syndrome (AIDS). Any medical test

shall be performed only by appropriately licensed medical

practitioners and may include an analysis of any bodily fluids

as well as an examination of the minor's person. Except as

otherwise provided by law, the results of the test shall be

kept strictly confidential by all medical personnel involved in

the testing and must be personally delivered in a sealed

envelope to the judge of the court in which the sentencing

order was entered for the judge's inspection in camera. Acting

in accordance with the best interests of the victim and the

public, the judge shall have the discretion to determine to

whom the results of the testing may be revealed. The court

shall notify the minor of the results of the test for infection

with the human immunodeficiency virus (HIV). The court shall

also notify the victim if requested by the victim, and if the

victim is under the age of 15 and if requested by the victim's

parents or legal guardian, the court shall notify the victim's

parents or the legal guardian, of the results of the test for

infection with the human immunodeficiency virus (HIV). The

court shall provide information on the availability of HIV

testing and counseling at the Department of Public Health

facilities to all parties to whom the results of the testing

are revealed. The court shall order that the cost of any test

shall be paid by the county and may be taxed as costs against

the minor.

(10) When a court finds a minor to be guilty the court

shall, before entering a sentencing order under this Section,

make a finding whether the offense committed either: (a) was

related to or in furtherance of the criminal activities of an

organized gang or was motivated by the minor's membership in or

allegiance to an organized gang, or (b) involved a violation of

subsection (a) of Section 12-7.1 of the Criminal Code of 1961

or the Criminal Code of 2012, a violation of any Section of

Article 24 of the Criminal Code of 1961 or the Criminal Code of

2012, or a violation of any statute that involved the wrongful

use of a firearm. If the court determines the question in the

affirmative, and the court does not commit the minor to the

Department of Juvenile Justice, the court shall order the minor

to perform community service for not less than 30 hours nor

more than 120 hours, provided that community service is

available in the jurisdiction and is funded and approved by the

county board of the county where the offense was committed. The

community service shall include, but need not be limited to,

the cleanup and repair of any damage caused by a violation of

Section 21-1.3 of the Criminal Code of 1961 or the Criminal

Code of 2012 and similar damage to property located in the

municipality or county in which the violation occurred. When

possible and reasonable, the community service shall be

performed in the minor's neighborhood. This order shall be in

addition to any other order authorized by this Section except

for an order to place the minor in the custody of the

Department of Juvenile Justice. 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.

(11) If the court determines that the offense was committed

in furtherance of the criminal activities of an organized gang,

as provided in subsection (10), and that the offense involved

the operation or use of a motor vehicle or the use of a

driver's license or permit, the court shall notify the

Secretary of State of that determination and of the period for

which the minor shall be denied driving privileges. If, at the

time of the determination, the minor does not hold a driver's

license or permit, the court shall provide that the minor shall

not be issued a driver's license or permit until his or her

18th birthday. If the minor holds a driver's license or permit

at the time of the determination, the court shall provide that

the minor's driver's license or permit shall be revoked until

his or her 21st birthday, or until a later date or occurrence

determined by the court. If the minor holds a driver's license

at the time of the determination, the court may direct the

Secretary of State to issue the minor a judicial driving

permit, also known as a JDP. The JDP shall be subject to the

same terms as a JDP issued under Section 6-206.1 of the

Illinois Vehicle Code, except that the court may direct that

the JDP be effective immediately.

(12) If a minor is found to be guilty of a violation of

subsection (a-7) of Section 1 of the Prevention of Tobacco Use

by Minors Act, the court may, in its discretion, and upon

recommendation by the State's Attorney, order that minor and

his or her parents or legal guardian to attend a smoker's

education or youth diversion program as defined in that Act if

that program is available in the jurisdiction where the

offender resides. Attendance at a smoker's education or youth

diversion program shall be time-credited against any community

service time imposed for any first violation of subsection

(a-7) of Section 1 of that Act. In addition to any other

penalty that the court may impose for a violation of subsection

(a-7) of Section 1 of that Act, the court, upon request by the

State's Attorney, may in its discretion require the offender to

remit a fee for his or her attendance at a smoker's education

or youth diversion program.

For purposes of this Section, "smoker's education program"

or "youth diversion program" includes, but is not limited to, a

seminar designed to educate a person on the physical and

psychological effects of smoking tobacco products and the

health consequences of smoking tobacco products that can be

conducted with a locality's youth diversion program.

In addition to any other penalty that the court may impose

under this subsection (12):

(a) If a minor violates subsection (a-7) of Section 1

of the Prevention of Tobacco Use by Minors Act, the court

may impose a sentence of 15 hours of community service or a

fine of $25 for a first violation.

(b) A second violation by a minor of subsection (a-7)

of Section 1 of that Act that occurs within 12 months after

the first violation is punishable by a fine of $50 and 25

hours of community service.

(c) A third or subsequent violation by a minor of

subsection (a-7) of Section 1 of that Act that occurs

within 12 months after the first violation is punishable by

a $100 fine and 30 hours of community service.

(d) Any second or subsequent violation not within the

12-month time period after the first violation is

punishable as provided for a first violation.

(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;

99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;

revised 9-2-16.)

(705 ILCS 405/5-745)

Sec. 5-745. Court review.

(1) The court may require any legal custodian or guardian

of the person appointed under this Act, including the

Department of Juvenile Justice for youth committed under

Section 5-750 of this Act, to report periodically to the court

or may cite him or her into court and require him or her, or his

or her agency, to make a full and accurate report of his or her

or its doings in behalf of the minor, including efforts to

secure post-release placement of the youth after release from

the Department's facilities. The legal custodian or guardian,

within 10 days after the citation, shall make the report,

either in writing verified by affidavit or orally under oath in

open court, or otherwise as the court directs. Upon the hearing

of the report the court may remove the legal custodian or

guardian and appoint another in his or her stead or restore the

minor to the custody of his or her parents or former guardian

or legal custodian.

(2) If the Department of Children and Family Services is

appointed legal custodian or guardian of a minor under Section

5-740 of this Act, the Department of Children and Family

Services Section 5-740 of shall file updated case plans with

the court every 6 months. Every agency which has guardianship

of a child shall file a supplemental petition for court review,

or review by an administrative body appointed or approved by

the court and further order within 18 months of the sentencing

order and each 18 months thereafter. The petition shall state

facts relative to the child's present condition of physical,

mental and emotional health as well as facts relative to his or

her present custodial or foster care. The petition shall be set

for hearing and the clerk shall mail 10 days notice of the

hearing by certified mail, return receipt requested, to the

person or agency having the physical custody of the child, the

minor and other interested parties unless a written waiver of

notice is filed with the petition.

If the minor is in the custody of the Illinois Department

of Children and Family Services, pursuant to an order entered

under this Article, the court shall conduct permanency hearings

as set out in subsections (1), (2), and (3) of Section 2-28 of

Article II of this Act.

Rights of wards of the court under this Act are enforceable

against any public agency by complaints for relief by mandamus

filed in any proceedings brought under this Act.

(3) The minor or any person interested in the minor may

apply to the court for a change in custody of the minor and the

appointment of a new custodian or guardian of the person or for

the restoration of the minor to the custody of his or her

parents or former guardian or custodian. In the event that the

minor has attained 18 years of age and the guardian or

custodian petitions the court for an order terminating his or

her guardianship or custody, guardianship or legal custody

shall terminate automatically 30 days after the receipt of the

petition unless the court orders otherwise. No legal custodian

or guardian of the person may be removed without his or her

consent until given notice and an opportunity to be heard by

the court.

(4) If the minor is committed to the Department of Juvenile

Justice under Section 5-750 of this Act, the Department shall

notify the court in writing of the occurrence of any of the

following:

(a) a critical incident involving a youth committed to

the Department; as used in this paragraph (a), "critical

incident" means any incident that involves a serious risk

to the life, health, or well-being of the youth and

includes, but is not limited to, an accident or suicide

attempt resulting in serious bodily harm or

hospitalization, psychiatric hospitalization, alleged or

suspected abuse, or escape or attempted escape from

custody, filed within 10 days of the occurrence;

(b) a youth who has been released by the Prisoner

Review Board but remains in a Department facility solely

because the youth does not have an approved aftercare

release host site, filed within 10 days of the occurrence;

(c) a youth, except a youth who has been adjudicated a

habitual or violent juvenile offender under Section 5-815

or 5-820 of this Act or committed for first degree murder,

who has been held in a Department facility for over one

consecutive year; or

(d) if a report has been filed under paragraph (c) of

this subsection, a supplemental report shall be filed every

6 months thereafter.

The notification required by this subsection (4) shall contain

a brief description of the incident or situation and a summary

of the youth's current physical, mental, and emotional health

and the actions the Department took in response to the incident

or to identify an aftercare release host site, as applicable.

Upon receipt of the notification, the court may require the

Department to make a full report under subsection (1) of this

Section.

(5) With respect to any report required to be filed with

the court under this Section, the Independent Juvenile

Ombudsman shall provide a copy to the minor's court appointed

guardian ad litem, if the Department has received written

notice of the appointment, and to the minor's attorney, if the

Department has received written notice of representation from

the attorney. If the Department has a record that a guardian

has been appointed for the minor and a record of the last known

address of the minor's court appointed guardian, the

Independent Juvenile Ombudsman shall send a notice to the

guardian that the report is available and will be provided by

the Independent Juvenile Ombudsman upon request. If the

Department has no record regarding the appointment of a

guardian for the minor, and the Department's records include

the last known addresses of the minor's parents, the

Independent Juvenile Ombudsman shall send a notice to the

parents that the report is available and will be provided by

the Independent Juvenile Ombudsman upon request.

(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17; revised

10-11-16.)

(705 ILCS 405/5-7A-115)

Sec. 5-7A-115. Program description. The supervising

authority may promulgate rules that prescribe reasonable

guidelines under which an electronic home detention program

shall operate. These rules shall include, but not be limited,

to, the following:

(A) The participant shall remain within the interior

premises or within the property boundaries of his or her

residence at all times during the hours designated by the

supervising authority. Such instances of approved absences

from the home may include, but are not limited to, the

following:

(1) working or employment approved by the court or

traveling to or from approved employment;

(2) unemployed and seeking employment approved for

the participant by the court;

(3) undergoing medical, psychiatric, mental health

treatment, counseling, or other treatment programs

approved for the participant by the court;

(4) attending an educational institution or a

program approved for the participant by the court;

(5) attending a regularly scheduled religious

service at a place of worship;

(6) participating in community work release or

community service programs approved for the

participant by the supervising authority; or

(7) for another compelling reason consistent with

the public interest, as approved by the supervising

authority.

(B) The participant shall admit any person or agent

designated by the supervising authority into his or her

residence at any time for purposes of verifying the

participant's compliance with the conditions of his or her

detention.

(C) The participant shall make the necessary

arrangements to allow for any person or agent designated by

the supervising authority to visit the participant's place

of education or employment at any time, based upon the

approval of the educational institution or employer or

both, for the purpose of verifying the participant's

compliance with the conditions of his or her detention.

(D) The participant shall acknowledge and participate

with the approved electronic monitoring device as

designated by the supervising authority at any time for the

purpose of verifying the participant's compliance with the

conditions of his or her detention.

(E) The participant shall maintain the following:

(1) a working telephone in the participant's home;

(2) a monitoring device in the participant's home,

or on the participant's person, or both; and

(3) a monitoring device in the participant's home

and on the participant's person in the absence of a

telephone.

(F) The participant shall obtain approval from the

supervising authority before the participant changes

residence or the schedule described in paragraph (A) of

this Section.

(G) The participant shall not commit another act that

if committed by an adult would constitute a crime during

the period of home detention ordered by the court.

(H) Notice to the participant that violation of the

order for home detention may subject the participant to an

adjudicatory hearing for escape as described in Section

5-7A-120.

(I) The participant shall abide by other conditions as

set by the supervising authority.

(Source: P.A. 96-293, eff. 1-1-10; revised 10-25-16.)

(705 ILCS 405/5-915)

Sec. 5-915. Expungement of juvenile law enforcement and

court records.

(0.05) For purposes of this Section and Section 5-622:

"Expunge" means to physically destroy the records and

to obliterate the minor's name from any official index or

public record, or both. Nothing in this Act shall require

the physical destruction of the internal office records,

files, or databases maintained by a State's Attorney's

Office or other prosecutor.

"Law enforcement record" includes but is not limited to

records of arrest, station adjustments, fingerprints,

probation adjustments, the issuance of a notice to appear,

or any other records maintained by a law enforcement agency

relating to a minor suspected of committing an offense.

(1) Whenever a person has been arrested, charged, or

adjudicated delinquent for an incident occurring before his or

her 18th birthday that if committed by an adult would be an

offense, the person may petition the court at any time for

expungement of law enforcement records and juvenile court

records relating to the incident and, upon termination of all

juvenile court proceedings relating to that incident, the court

shall order the expungement of all records in the possession of

the Department of State Police, the clerk of the circuit court,

and law enforcement agencies relating to the incident, but only

in any of the following circumstances:

(a) the minor was arrested and no petition for

delinquency was filed with the clerk of the circuit court;

(a-5) the minor was charged with an offense and the

petition or petitions were dismissed without a finding of

delinquency;

(b) the minor was charged with an offense and was found

not delinquent of that offense;

(c) the minor was placed under supervision pursuant to

Section 5-615, and the order of supervision has since been

successfully terminated; or

(d) the minor was adjudicated for an offense which

would be a Class B misdemeanor, Class C misdemeanor, or a

petty or business offense if committed by an adult.

(1.5) Commencing 180 days after January 1, 2015 (the

effective date of Public Act 98-637) this amendatory Act of the

98th General Assembly, the Department of State Police shall

automatically expunge, on or before January 1 of each year, a

person's law enforcement records which are not subject to

subsection (1) relating to incidents occurring before his or

her 18th birthday in the Department's possession or control and

which contains the final disposition which pertain to the

person when arrested as a minor if:

(a) the minor was arrested for an eligible offense and

no petition for delinquency was filed with the clerk of the

circuit court; and

(b) the person attained the age of 18 years during the

last calendar year; and

(c) since the date of the minor's most recent arrest,

at least 6 months have elapsed without an additional

arrest, filing of a petition for delinquency whether

related or not to a previous arrest, or filing of charges

not initiated by arrest.

The Department of State Police shall allow a person to use

the Access and Review process, established in the Department of

State Police, for verifying that his or her law enforcement

records relating to incidents occurring before his or her 18th

birthday eligible under this subsection have been expunged as

provided in this subsection.

The Department of State Police shall provide by rule the

process for access, review, and automatic expungement.

(1.6) Commencing on January 1, 2015 (the effective date of

Public Act 98-637) this amendatory Act of the 98th General

Assembly, a person whose law enforcement records are not

subject to subsection (1) or (1.5) of this Section and who has

attained the age of 18 years may use the Access and Review

process, established in the Department of State Police, for

verifying his or her law enforcement records relating to

incidents occurring before his or her 18th birthday in the

Department's possession or control which pertain to the person

when arrested as a minor, if the incident occurred no earlier

than 30 years before January 1, 2015 (the effective date of

Public Act 98-637) this amendatory Act of the 98th General

Assembly. If the person identifies a law enforcement record of

an eligible offense that meets the requirements of this

subsection, paragraphs (a) and (c) of subsection (1.5) of this

Section, and all juvenile court proceedings related to the

person have been terminated, the person may file a Request for

Expungement of Juvenile Law Enforcement Records, in the form

and manner prescribed by the Department of State Police, with

the Department and the Department shall consider expungement of

the record as otherwise provided for automatic expungement

under subsection (1.5) of this Section. The person shall

provide notice and a copy of the Request for Expungement of

Juvenile Law Enforcement Records to the arresting agency,

prosecutor charged with the prosecution of the minor, or the

State's Attorney of the county that prosecuted the minor. The

Department of State Police shall provide by rule the process

for access, review, and Request for Expungement of Juvenile Law

Enforcement Records.

(1.7) Nothing in subsections (1.5) and (1.6) of this

Section precludes a person from filing a petition under

subsection (1) for expungement of records subject to automatic

expungement under that subsection (1) or subsection (1.5) or

(1.6) of this Section.

(1.8) For the purposes of subsections (1.5) and (1.6) of

this Section, "eligible offense" means records relating to an

arrest or incident occurring before the person's 18th birthday

that if committed by an adult is not an offense classified as a

Class 2 felony or higher offense, an offense under Article 11

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

an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16

of the Criminal Code of 1961.

(2) Any person may petition the court to expunge all law

enforcement records relating to any incidents occurring before

his or her 18th birthday which did not result in proceedings in

criminal court and all juvenile court records with respect to

any adjudications except those based upon first degree murder

and sex offenses which would be felonies if committed by an

adult, if the person for whom expungement is sought has had no

convictions for any crime since his or her 18th birthday and:

(a) has attained the age of 21 years; or

(b) 5 years have elapsed since all juvenile court

proceedings relating to him or her have been terminated or

his or her commitment to the Department of Juvenile Justice

pursuant to this Act has been terminated;

whichever is later of (a) or (b). Nothing in this Section 5-915

precludes a minor from obtaining expungement under Section

5-622.

(2.5) If a minor is arrested and no petition for

delinquency is filed with the clerk of the circuit court as

provided in paragraph (a) of subsection (1) at the time the

minor is released from custody, the youth officer, if

applicable, or other designated person from the arresting

agency, shall notify verbally and in writing to the minor or

the minor's parents or guardians that the minor has a right to

petition to have his or her arrest record expunged when all

juvenile court proceedings relating to that minor have been

terminated and that unless a petition to expunge is filed, the

minor shall have an arrest record and shall provide the minor

and the minor's parents or guardians with an expungement

information packet, including a petition to expunge juvenile

records obtained from the clerk of the circuit court.

(2.6) If a minor is charged with an offense and is found

not delinquent of that offense; or if a minor is placed under

supervision under Section 5-615, and the order of supervision

is successfully terminated; or if a minor is adjudicated for an

offense that would be a Class B misdemeanor, a Class C

misdemeanor, or a business or petty offense if committed by an

adult; or if a minor has incidents occurring before his or her

18th birthday that have not resulted in proceedings in criminal

court, or resulted in proceedings in juvenile court, and the

adjudications were not based upon first degree murder or sex

offenses that would be felonies if committed by an adult; then

at the time of sentencing or dismissal of the case, the judge

shall inform the delinquent minor of his or her right to

petition for expungement as provided by law, and the clerk of

the circuit court shall provide an expungement information

packet to the delinquent minor, written in plain language,

including a petition for expungement, a sample of a completed

petition, expungement instructions that shall include

information informing the minor that (i) once the case is

expunged, it shall be treated as if it never occurred, (ii) he

or she may apply to have petition fees waived, (iii) once he or

she obtains an expungement, he or she may not be required to

disclose that he or she had a juvenile record, and (iv) he or

she may file the petition on his or her own or with the

assistance of an attorney. The failure of the judge to inform

the delinquent minor of his or her right to petition for

expungement as provided by law does not create a substantive

right, nor is that failure grounds for: (i) a reversal of an

adjudication of delinquency, (ii) a new trial; or (iii) an

appeal.

(2.7) For counties with a population over 3,000,000, the

clerk of the circuit court shall send a "Notification of a

Possible Right to Expungement" post card to the minor at the

address last received by the clerk of the circuit court on the

date that the minor attains the age of 18 based on the

birthdate provided to the court by the minor or his or her

guardian in cases under paragraphs (b), (c), and (d) of

subsection (1); and when the minor attains the age of 21 based

on the birthdate provided to the court by the minor or his or

her guardian in cases under subsection (2).

(2.8) The petition for expungement for subsection (1) may

include multiple offenses on the same petition and shall be

substantially in the following form:

IN THE CIRCUIT COURT OF ......, ILLINOIS

........ JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

PETITION TO EXPUNGE JUVENILE RECORDS

(705 ILCS 405/5-915 (SUBSECTION 1))

Now comes ............., petitioner, and respectfully requests

that this Honorable Court enter an order expunging all juvenile

law enforcement and court records of petitioner and in support

thereof states that: Petitioner has attained the age of ....,

his/her birth date being ......, or all Juvenile Court

proceedings terminated as of ......, whichever occurred later.

Petitioner was arrested on ..... by the ....... Police

Department for the offense or offenses of ......., and:

(Check All That Apply:)

( ) a. no petition or petitions were filed with the Clerk of

the Circuit Court.

( ) b. was charged with ...... and was found not delinquent of

the offense or offenses.

( ) c. a petition or petitions were filed and the petition or

petitions were dismissed without a finding of delinquency on

.....

( ) d. on ....... placed under supervision pursuant to Section

5-615 of the Juvenile Court Act of 1987 and such order of

supervision successfully terminated on ........

( ) e. was adjudicated for the offense or offenses, which would

have been a Class B misdemeanor, a Class C misdemeanor, or a

petty offense or business offense if committed by an adult.

Petitioner .... has .... has not been arrested on charges in

this or any county other than the charges listed above. If

petitioner has been arrested on additional charges, please list

the charges below:

Charge(s): ......

Arresting Agency or Agencies: ...........

Disposition/Result: (choose from a. through e., above): .....

WHEREFORE, the petitioner respectfully requests this Honorable

Court to (1) order all law enforcement agencies to expunge all

records of petitioner to this incident or incidents, and (2) to

order the Clerk of the Court to expunge all records concerning

the petitioner regarding this incident or incidents.

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

Petitioner (Signature)

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

Petitioner's Street Address

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

City, State, Zip Code

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

Petitioner's Telephone Number

Pursuant to the penalties of perjury under the Code of Civil

Procedure, 735 ILCS 5/1-109, I hereby certify that the

statements in this petition are true and correct, or on

information and belief I believe the same to be true.

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

Petitioner (Signature)

The Petition for Expungement for subsection (2) shall be

substantially in the following form:

IN THE CIRCUIT COURT OF ........, ILLINOIS

........ JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

PETITION TO EXPUNGE JUVENILE RECORDS

(705 ILCS 405/5-915 (SUBSECTION 2))

(Please prepare a separate petition for each offense)

Now comes ............, petitioner, and respectfully requests

that this Honorable Court enter an order expunging all Juvenile

Law Enforcement and Court records of petitioner and in support

thereof states that:

The incident for which the Petitioner seeks expungement

occurred before the Petitioner's 18th birthday and did not

result in proceedings in criminal court and the Petitioner has

not had any convictions for any crime since his/her 18th

birthday; and

The incident for which the Petitioner seeks expungement

occurred before the Petitioner's 18th birthday and the

adjudication was not based upon first degree first-degree

murder or sex offenses which would be felonies if committed by

an adult, and the Petitioner has not had any convictions for

any crime since his/her 18th birthday.

Petitioner was arrested on ...... by the ....... Police

Department for the offense of ........, and:

(Check whichever one occurred the latest:)

( ) a. The Petitioner has attained the age of 21 years, his/her

birthday being .......; or

( ) b. 5 years have elapsed since all juvenile court

proceedings relating to the Petitioner have been terminated; or

the Petitioner's commitment to the Department of Juvenile

Justice pursuant to the expungement of juvenile law enforcement

and court records provisions of the Juvenile Court Act of 1987

has been terminated. Petitioner ...has ...has not been arrested

on charges in this or any other county other than the charge

listed above. If petitioner has been arrested on additional

charges, please list the charges below:

Charge(s): ..........

Arresting Agency or Agencies: .......

Disposition/Result: (choose from a or b, above): ..........

WHEREFORE, the petitioner respectfully requests this Honorable

Court to (1) order all law enforcement agencies to expunge all

records of petitioner related to this incident, and (2) to

order the Clerk of the Court to expunge all records concerning

the petitioner regarding this incident.

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

Petitioner (Signature)

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

Petitioner's Street Address

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

City, State, Zip Code

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

Petitioner's Telephone Number

Pursuant to the penalties of perjury under the Code of Civil

Procedure, 735 ILCS 5/1-109, I hereby certify that the

statements in this petition are true and correct, or on

information and belief I believe the same to be true.

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

Petitioner (Signature)

(3) The chief judge of the circuit in which an arrest was

made or a charge was brought or any judge of that circuit

designated by the chief judge may, upon verified petition of a

person who is the subject of an arrest or a juvenile court

proceeding under subsection (1) or (2) of this Section, order

the law enforcement records or official court file, or both, to

be expunged from the official records of the arresting

authority, the clerk of the circuit court and the Department of

State Police. The person whose records are to be expunged shall

petition the court using the appropriate form containing his or

her current address and shall promptly notify the clerk of the

circuit court of any change of address. Notice of the petition

shall be served upon the State's Attorney or prosecutor charged

with the duty of prosecuting the offense, the Department of

State Police, and the arresting agency or agencies by the clerk

of the circuit court. If an objection is filed within 45 days

of the notice of the petition, the clerk of the circuit court

shall set a date for hearing after the 45-day 45 day objection

period. At the hearing the court shall hear evidence on whether

the expungement should or should not be granted. Unless the

State's Attorney or prosecutor, the Department of State Police,

or an arresting agency objects to the expungement within 45

days of the notice, the court may enter an order granting

expungement. The clerk shall forward a certified copy of the

order to the Department of State Police and deliver a certified

copy of the order to the arresting agency.

(3.1) The Notice of Expungement shall be in substantially

the following form:

IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

NOTICE

TO: State's Attorney

TO: Arresting Agency

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

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

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

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

TO: Illinois State Police

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

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

ATTENTION: Expungement

You are hereby notified that on ....., at ....., in courtroom

..., located at ..., before the Honorable ..., Judge, or any

judge sitting in his/her stead, I shall then and there present

a Petition to Expunge Juvenile records in the above-entitled

matter, at which time and place you may appear.

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

Petitioner's Signature

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

Petitioner's Street Address

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

City, State, Zip Code

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

Petitioner's Telephone Number

PROOF OF SERVICE

On the ....... day of ......, 20..., I on oath state that I

served this notice and true and correct copies of the

above-checked documents by:

(Check One:)

delivering copies personally to each entity to whom they are

directed;

or

by mailing copies to each entity to whom they are directed by

depositing the same in the U.S. Mail, proper postage fully

prepaid, before the hour of 5:00 p.m., at the United States

Postal Depository located at .................

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

Signature

Clerk of the Circuit Court or Deputy Clerk

Printed Name of Delinquent Minor/Petitioner: ....

Address: ........................................

Telephone Number: ...............................

(3.2) The Order of Expungement shall be in substantially

the following form:

IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

DOB ................

Arresting Agency/Agencies ......

ORDER OF EXPUNGEMENT

(705 ILCS 405/5-915 (SUBSECTION 3))

This matter having been heard on the petitioner's motion and

the court being fully advised in the premises does find that

the petitioner is indigent or has presented reasonable cause to

waive all costs in this matter, IT IS HEREBY ORDERED that:

( ) 1. Clerk of Court and Department of State Police costs

are hereby waived in this matter.

( ) 2. The Illinois State Police Bureau of Identification

and the following law enforcement agencies expunge all records

of petitioner relating to an arrest dated ...... for the

offense of ......

Law Enforcement Agencies:

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

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

( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit

Court expunge all records regarding the above-captioned case.

ENTER: ......................

JUDGE

DATED: .......

Name:

Attorney for:

Address: City/State/Zip:

Attorney Number:

(3.3) The Notice of Objection shall be in substantially the

following form:

IN THE CIRCUIT COURT OF ....., ILLINOIS

....................... JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.

)

)

...................)

(Name of Petitioner)

NOTICE OF OBJECTION

TO:(Attorney, Public Defender, Minor)

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

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

TO:(Illinois State Police)

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

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

TO:(Clerk of the Court)

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

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

TO:(Judge)

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

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

TO:(Arresting Agency/Agencies)

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

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

ATTENTION: You are hereby notified that an objection has been

filed by the following entity regarding the above-named minor's

petition for expungement of juvenile records:

( ) State's Attorney's Office;

( ) Prosecutor (other than State's Attorney's Office) charged

with the duty of prosecuting the offense sought to be expunged;

( ) Department of Illinois State Police; or

( ) Arresting Agency or Agencies.

The agency checked above respectfully requests that this case

be continued and set for hearing on whether the expungement

should or should not be granted.

DATED: .......

Name:

Attorney For:

Address:

City/State/Zip:

Telephone:

Attorney No.:

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY

This matter has been set for hearing on the foregoing

objection, on ...... in room ...., located at ....., before the

Honorable ....., Judge, or any judge sitting in his/her stead.

(Only one hearing shall be set, regardless of the number of

Notices of Objection received on the same case).

A copy of this completed Notice of Objection containing the

court date, time, and location, has been sent via regular U.S.

Mail to the following entities. (If more than one Notice of

Objection is received on the same case, each one must be

completed with the court date, time and location and mailed to

the following entities):

( ) Attorney, Public Defender or Minor;

( ) State's Attorney's Office;

( ) Prosecutor (other than State's Attorney's Office) charged

with the duty of prosecuting the offense sought to be expunged;

( ) Department of Illinois State Police; and

( ) Arresting agency or agencies.

Date: ......

Initials of Clerk completing this section: .....

(4) Upon entry of an order expunging records or files, the

offense, which the records or files concern shall be treated as

if it never occurred. Law enforcement officers and other public

offices and agencies shall properly reply on inquiry that no

record or file exists with respect to the person.

(5) Records which have not been expunged are sealed, and

may be obtained only under the provisions of Sections 5-901,

5-905, and 5-915.

(6) Nothing in this Section shall be construed to prohibit

the maintenance of information relating to an offense after

records or files concerning the offense have been expunged if

the information is kept in a manner that does not enable

identification of the offender. This information may only be

used for statistical and bona fide research purposes.

(6.5) The Department of State Police or any employee of the

Department shall be immune from civil or criminal liability for

failure to expunge any records of arrest that are subject to

expungement under subsection (1.5) or (1.6) of this Section

because of inability to verify a record. Nothing in subsection

(1.5) or (1.6) of this Section shall create Department of State

Police liability or responsibility for the expungement of law

enforcement records it does not possess.

(7)(a) The State Appellate Defender shall establish,

maintain, and carry out, by December 31, 2004, a juvenile

expungement program to provide information and assistance to

minors eligible to have their juvenile records expunged.

(b) The State Appellate Defender shall develop brochures,

pamphlets, and other materials in printed form and through the

agency's World Wide Web site. The pamphlets and other materials

shall include at a minimum the following information:

(i) An explanation of the State's juvenile expungement

process;

(ii) The circumstances under which juvenile

expungement may occur;

(iii) The juvenile offenses that may be expunged;

(iv) The steps necessary to initiate and complete the

juvenile expungement process; and

(v) Directions on how to contact the State Appellate

Defender.

(c) The State Appellate Defender shall establish and

maintain a statewide toll-free telephone number that a person

may use to receive information or assistance concerning the

expungement of juvenile records. The State Appellate Defender

shall advertise the toll-free telephone number statewide. The

State Appellate Defender shall develop an expungement

information packet that may be sent to eligible persons seeking

expungement of their juvenile records, which may include, but

is not limited to, a pre-printed expungement petition with

instructions on how to complete the petition and a pamphlet

containing information that would assist individuals through

the juvenile expungement process.

(d) The State Appellate Defender shall compile a statewide

list of volunteer attorneys willing to assist eligible

individuals through the juvenile expungement process.

(e) This Section shall be implemented from funds

appropriated by the General Assembly to the State Appellate

Defender for this purpose. The State Appellate Defender shall

employ the necessary staff and adopt the necessary rules for

implementation of this Section.

(8)(a) Except with respect to law enforcement agencies, the

Department of Corrections, State's Attorneys, or other

prosecutors, an expunged juvenile record may not be considered

by any private or public entity in employment matters,

certification, licensing, revocation of certification or

licensure, or registration. Applications for employment must

contain specific language that states that the applicant is not

obligated to disclose expunged juvenile records of conviction

or arrest. Employers may not ask if an applicant has had a

juvenile record expunged. Effective January 1, 2005, the

Department of Labor shall develop a link on the Department's

website to inform employers that employers may not ask if an

applicant had a juvenile record expunged and that application

for employment must contain specific language that states that

the applicant is not obligated to disclose expunged juvenile

records of arrest or conviction.

(b) A person whose juvenile records have been expunged is

not entitled to remission of any fines, costs, or other money

paid as a consequence of expungement. Public Act 93-912 This

amendatory Act of the 93rd General Assembly does not affect the

right of the victim of a crime to prosecute or defend a civil

action for damages.

(c) The expungement of juvenile records under Section 5-622

shall be funded by the additional fine imposed under Section

5-9-1.17 of the Unified Code of Corrections and additional

appropriations made by the General Assembly for such purpose.

(9) The changes made to this Section by Public Act 98-61

apply to law enforcement records of a minor who has been

arrested or taken into custody on or after January 1, 2014 (the

effective date of Public Act 98-61).

(10) The changes made in subsection (1.5) of this Section

by Public Act 98-637 this amendatory Act of the 98th General

Assembly apply to law enforcement records of a minor who has

been arrested or taken into custody on or after January 1,

2015. The changes made in subsection (1.6) of this Section by

Public Act 98-637 this amendatory Act of the 98th General

Assembly apply to law enforcement records of a minor who has

been arrested or taken into custody before January 1, 2015.

(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,

eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised

9-2-16.)

Section 665. The Criminal Code of 2012 is amended by

changing Sections 17-2, 24-1.6, 24-2, and 32-14 as follows:

(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)

Sec. 17-2. False personation; solicitation.

(a) False personation; solicitation.

(1) A person commits a false personation when he or she

knowingly and falsely represents himself or herself to be a

member or representative of any veterans' or public safety

personnel organization or a representative of any

charitable organization, or when he or she knowingly

exhibits or uses in any manner any decal, badge or insignia

of any charitable, public safety personnel, or veterans'

organization when not authorized to do so by the

charitable, public safety personnel, or veterans'

organization. "Public safety personnel organization" has

the meaning ascribed to that term in Section 1 of the

Solicitation for Charity Act.

(2) A person commits a false personation when he or she

knowingly and falsely represents himself or herself to be a

veteran in seeking employment or public office. In this

paragraph, "veteran" means a person who has served in the

Armed Services or Reserve Forces of the United States.

(2.1) A person commits a false personation when he or

she knowingly and falsely represents himself or herself to

be:

(A) an active-duty member of the Armed Services or

Reserve Forces of the United States or the National

Guard or a veteran of the Armed Services or Reserve

Forces of the United States or the National Guard; and

(B) obtains money, property, or another tangible

benefit through that false representation.

In this paragraph, "member of the Armed Services or

Reserve Forces of the United States" means a member of the

United States Navy, Army, Air Force, Marine Corps, or Coast

Guard; and "veteran" means a person who has served in the

Armed Services or Reserve Forces of the United States or

the National Guard.

(2.5) A person commits a false personation when he or

she knowingly and falsely represents himself or herself to

be:

(A) another actual person and does an act in such

assumed character with intent to intimidate, threaten,

injure, defraud, or to obtain a benefit from another;

or

(B) a representative of an actual person or

organization and does an act in such false capacity

with intent to obtain a benefit or to injure or defraud

another.

(3) No person shall knowingly use the words "Police",

"Police Department", "Patrolman", "Sergeant",

"Lieutenant", "Peace Officer", "Sheriff's Police",

"Sheriff", "Officer", "Law Enforcement", "Trooper",

"Deputy", "Deputy Sheriff", "State Police", or any other

words to the same effect (i) in the title of any

organization, magazine, or other publication without the

express approval of the named public safety personnel

organization's governing board or (ii) in combination with

the name of any state, state agency, public university, or

unit of local government without the express written

authorization of that state, state agency, public

university, or unit of local government.

(4) No person may knowingly claim or represent that he

or she is acting on behalf of any public safety personnel

organization when soliciting financial contributions or

selling or delivering or offering to sell or deliver any

merchandise, goods, services, memberships, or

advertisements unless the chief of the police department,

fire department, and the corporate or municipal authority

thereof, or the sheriff has first entered into a written

agreement with the person or with an organization with

which the person is affiliated and the agreement permits

the activity and specifies and states clearly and fully the

purpose for which the proceeds of the solicitation,

contribution, or sale will be used.

(5) No person, when soliciting financial contributions

or selling or delivering or offering to sell or deliver any

merchandise, goods, services, memberships, or

advertisements may claim or represent that he or she is

representing or acting on behalf of any nongovernmental

organization by any name which includes "officer", "peace

officer", "police", "law enforcement", "trooper",

"sheriff", "deputy", "deputy sheriff", "State police", or

any other word or words which would reasonably be

understood to imply that the organization is composed of

law enforcement personnel unless:

(A) the person is actually representing or acting

on behalf of the nongovernmental organization;

(B) the nongovernmental organization is controlled

by and governed by a membership of and represents a

group or association of active duty peace officers,

retired peace officers, or injured peace officers; and

(C) before commencing the solicitation or the sale

or the offers to sell any merchandise, goods, services,

memberships, or advertisements, a written contract

between the soliciting or selling person and the

nongovernmental organization, which specifies and

states clearly and fully the purposes for which the

proceeds of the solicitation, contribution, or sale

will be used, has been entered into.

(6) No person, when soliciting financial contributions

or selling or delivering or offering to sell or deliver any

merchandise, goods, services, memberships, or

advertisements, may knowingly claim or represent that he or

she is representing or acting on behalf of any

nongovernmental organization by any name which includes

the term "fireman", "fire fighter", "paramedic", or any

other word or words which would reasonably be understood to

imply that the organization is composed of fire fighter or

paramedic personnel unless:

(A) the person is actually representing or acting

on behalf of the nongovernmental organization;

(B) the nongovernmental organization is controlled

by and governed by a membership of and represents a

group or association of active duty, retired, or

injured fire fighters (for the purposes of this

Section, "fire fighter" has the meaning ascribed to

that term in Section 2 of the Illinois Fire Protection

Training Act) or active duty, retired, or injured

emergency medical technicians - ambulance, emergency

medical technicians - intermediate, emergency medical

technicians - paramedic, ambulance drivers, or other

medical assistance or first aid personnel; and

(C) before commencing the solicitation or the sale

or delivery or the offers to sell or deliver any

merchandise, goods, services, memberships, or

advertisements, the soliciting or selling person and

the nongovernmental organization have entered into a

written contract that specifies and states clearly and

fully the purposes for which the proceeds of the

solicitation, contribution, or sale will be used.

(7) No person may knowingly claim or represent that he

or she is an airman, airline employee, airport employee, or

contractor at an airport in order to obtain the uniform,

identification card, license, or other identification

paraphernalia of an airman, airline employee, airport

employee, or contractor at an airport.

(8) No person, firm, copartnership, or corporation

(except corporations organized and doing business under

the Pawners Societies Act) shall knowingly use a name that

contains in it the words "Pawners' Society".

(b) False personation; public officials and employees. A

person commits a false personation if he or she knowingly and

falsely represents himself or herself to be any of the

following:

(1) An attorney authorized to practice law for purposes

of compensation or consideration. This paragraph (b)(1)

does not apply to a person who unintentionally fails to pay

attorney registration fees established by Supreme Court

Rule.

(2) A public officer or a public employee or an

official or employee of the federal government.

(2.3) A public officer, a public employee, or an

official or employee of the federal government, and the

false representation is made in furtherance of the

commission of felony.

(2.7) A public officer or a public employee, and the

false representation is for the purpose of effectuating

identity theft as defined in Section 16-30 of this Code.

(3) A peace officer.

(4) A peace officer while carrying a deadly weapon.

(5) A peace officer in attempting or committing a

felony.

(6) A peace officer in attempting or committing a

forcible felony.

(7) The parent, legal guardian, or other relation of a

minor child to any public official, public employee, or

elementary or secondary school employee or administrator.

(7.5) The legal guardian, including any representative

of a State or public guardian, of a person with a

disability appointed under Article XIa of the Probate Act

of 1975.

(8) A fire fighter.

(9) A fire fighter while carrying a deadly weapon.

(10) A fire fighter in attempting or committing a

felony.

(11) An emergency management worker of any

jurisdiction in this State.

(12) An emergency management worker of any

jurisdiction in this State in attempting or committing a

felony. For the purposes of this subsection (b), "emergency

management worker" has the meaning provided under Section

2-6.6 of this Code.

(b-5) The trier of fact may infer that a person falsely

represents himself or herself to be a public officer or a

public employee or an official or employee of the federal

government if the person:

(1) wears or displays without authority any uniform,

badge, insignia, or facsimile thereof by which a public

officer or public employee or official or employee of the

federal government is lawfully distinguished; or

(2) falsely expresses by word or action that he or she

is a public officer or public employee or official or

employee of the federal government and is acting with

approval or authority of a public agency or department.

(c) Fraudulent advertisement of a corporate name.

(1) A company, association, or individual commits

fraudulent advertisement of a corporate name if he, she, or

it, not being incorporated, puts forth a sign or

advertisement and assumes, for the purpose of soliciting

business, a corporate name.

(2) Nothing contained in this subsection (c) prohibits

a corporation, company, association, or person from using a

divisional designation or trade name in conjunction with

its corporate name or assumed name under Section 4.05 of

the Business Corporation Act of 1983 or, if it is a member

of a partnership or joint venture, from doing partnership

or joint venture business under the partnership or joint

venture name. The name under which the joint venture or

partnership does business may differ from the names of the

members. Business may not be conducted or transacted under

that joint venture or partnership name, however, unless all

provisions of the Assumed Business Name Act have been

complied with. Nothing in this subsection (c) permits a

foreign corporation to do business in this State without

complying with all Illinois laws regulating the doing of

business by foreign corporations. No foreign corporation

may conduct or transact business in this State as a member

of a partnership or joint venture that violates any

Illinois law regulating or pertaining to the doing of

business by foreign corporations in Illinois.

(3) The provisions of this subsection (c) do not apply

to limited partnerships formed under the Revised Uniform

Limited Partnership Act or under the Uniform Limited

Partnership Act (2001).

(d) False law enforcement badges.

(1) A person commits false law enforcement badges if he

or she knowingly produces, sells, or distributes a law

enforcement badge without the express written consent of

the law enforcement agency represented on the badge or, in

case of a reorganized or defunct law enforcement agency,

its successor law enforcement agency.

(2) It is a defense to false law enforcement badges

that the law enforcement badge is used or is intended to be

used exclusively: (i) as a memento or in a collection or

exhibit; (ii) for decorative purposes; or (iii) for a

dramatic presentation, such as a theatrical, film, or

television production.

(e) False medals.

(1) A person commits a false personation if he or she

knowingly and falsely represents himself or herself to be a

recipient of, or wears on his or her person, any of the

following medals if that medal was not awarded to that

person by the United States Government, irrespective of

branch of service: The Congressional Medal of Honor, The

Distinguished Service Cross, The Navy Cross, The Air Force

Cross, The Silver Star, The Bronze Star, or the Purple

Heart.

(2) It is a defense to a prosecution under paragraph

(e)(1) that the medal is used, or is intended to be used,

exclusively:

(A) for a dramatic presentation, such as a

theatrical, film, or television production, or a

historical re-enactment; or

(B) for a costume worn, or intended to be worn, by

a person under 18 years of age.

(f) Sentence.

(1) A violation of paragraph (a)(8) is a petty offense

subject to a fine of not less than $5 nor more than $100,

and the person, firm, copartnership, or corporation

commits an additional petty offense for each day he, she,

or it continues to commit the violation. A violation of

paragraph (c)(1) is a petty offense, and the company,

association, or person commits an additional petty offense

for each day he, she, or it continues to commit the

violation. A violation of paragraph (a)(2.1) or subsection

(e) is a petty offense for which the offender shall be

fined at least $100 and not more than $200.

(2) A violation of paragraph (a)(1), (a)(3), or

(b)(7.5) is a Class C misdemeanor.

(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),

(b)(2), or (b)(7) or subsection (d) is a Class A

misdemeanor. A second or subsequent violation of

subsection (d) is a Class 3 felony.

(4) A violation of paragraph (a)(4), (a)(5), (a)(6),

(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a

Class 4 felony.

(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)

is a Class 3 felony.

(6) A violation of paragraph (b)(5) or (b)(10) is a

Class 2 felony.

(7) A violation of paragraph (b)(6) is a Class 1

felony.

(g) A violation of subsection (a)(1) through (a)(7) or

subsection (e) of this Section may be accomplished in person or

by any means of communication, including but not limited to the

use of an Internet website or any form of electronic

communication.

(Source: P.A. 98-1125, eff. 1-1-15; 99-143, eff. 7-27-15;

99-561, eff. 7-15-16; revised 9-2-16.)

(720 ILCS 5/24-1.6)

Sec. 24-1.6. Aggravated unlawful use of a weapon.

(a) A person commits the offense of aggravated unlawful use

of a weapon when he or she knowingly:

(1) Carries on or about his or her person or in any

vehicle or concealed on or about his or her person except

when on his or her land or in his or her abode, legal

dwelling, or fixed place of business, or on the land or in

the legal dwelling of another person as an invitee with

that person's permission, any pistol, revolver, stun gun or

taser or other firearm; or

(2) Carries or possesses on or about his or her person,

upon any public street, alley, or other public lands within

the corporate limits of a city, village or incorporated

town, except when an invitee thereon or therein, for the

purpose of the display of such weapon or the lawful

commerce in weapons, or except when on his or her own land

or in his or her own abode, legal dwelling, or fixed place

of business, or on the land or in the legal dwelling of

another person as an invitee with that person's permission,

any pistol, revolver, stun gun or taser or other firearm;

and

(3) One of the following factors is present:

(A) the firearm, other than a pistol, revolver, or

handgun, possessed was uncased, loaded, and

immediately accessible at the time of the offense; or

(A-5) the pistol, revolver, or handgun possessed

was uncased, loaded, and immediately accessible at the

time of the offense and the person possessing the

pistol, revolver, or handgun has not been issued a

currently valid license under the Firearm Concealed

Carry Act; or

(B) the firearm, other than a pistol, revolver, or

handgun, possessed was uncased, unloaded, and the

ammunition for the weapon was immediately accessible

at the time of the offense; or

(B-5) the pistol, revolver, or handgun possessed

was uncased, unloaded, and the ammunition for the

weapon was immediately accessible at the time of the

offense and the person possessing the pistol,

revolver, or handgun has not been issued a currently

valid license under the Firearm Concealed Carry Act; or

(C) the person possessing the firearm has not been

issued a currently valid Firearm Owner's

Identification Card; or

(D) the person possessing the weapon was

previously adjudicated a delinquent minor under the

Juvenile Court Act of 1987 for an act that if committed

by an adult would be a felony; or

(E) the person possessing the weapon was engaged in

a misdemeanor violation of the Cannabis Control Act, in

a misdemeanor violation of the Illinois Controlled

Substances Act, or in a misdemeanor violation of the

Methamphetamine Control and Community Protection Act;

or

(F) (blank); or

(G) the person possessing the weapon had an a order

of protection issued against him or her within the

previous 2 years; or

(H) the person possessing the weapon was engaged in

the commission or attempted commission of a

misdemeanor involving the use or threat of violence

against the person or property of another; or

(I) the person possessing the weapon was under 21

years of age and in possession of a handgun, unless the

person under 21 is engaged in lawful activities under

the Wildlife Code or described in subsection

24-2(b)(1), (b)(3), or 24-2(f).

(a-5) "Handgun" as used in this Section has the meaning

given to it in Section 5 of the Firearm Concealed Carry Act.

(b) "Stun gun or taser" as used in this Section has the

same definition given to it in Section 24-1 of this Code.

(c) This Section does not apply to or affect the

transportation or possession of weapons that:

(i) are broken down in a non-functioning state; or

(ii) are not immediately accessible; or

(iii) are unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container by a person

who has been issued a currently valid Firearm Owner's

Identification Card.

(d) Sentence.

(1) Aggravated unlawful use of a weapon is a Class 4

felony; a second or subsequent offense is a Class 2 felony

for which the person shall be sentenced to a term of

imprisonment of not less than 3 years and not more than 7

years.

(2) Except as otherwise provided in paragraphs (3) and

(4) of this subsection (d), a first offense of aggravated

unlawful use of a weapon committed with a firearm by a

person 18 years of age or older where the factors listed in

both items (A) and (C) or both items (A-5) and (C) of

paragraph (3) of subsection (a) are present is a Class 4

felony, for which the person shall be sentenced to a term

of imprisonment of not less than one year and not more than

3 years.

(3) Aggravated unlawful use of a weapon by a person who

has been previously convicted of a felony in this State or

another jurisdiction is a Class 2 felony for which the

person shall be sentenced to a term of imprisonment of not

less than 3 years and not more than 7 years.

(4) Aggravated unlawful use of a weapon while wearing

or in possession of body armor as defined in Section 33F-1

by a person who has not been issued a valid Firearms

Owner's Identification Card in accordance with Section 5 of

the Firearm Owners Identification Card Act is a Class X

felony.

(e) The possession of each firearm in violation of this

Section constitutes a single and separate violation.

(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

the following:

(1) Peace officers, and any person summoned by a peace

officer to assist in making arrests or preserving the

peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense,

while in the performance of their official duty, or while

commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard or the

Reserve Officers Training Corps, while in the performance

of their official duty.

(4) Special agents employed by a railroad or a public

utility to perform police functions, and guards of armored

car companies, while actually engaged in the performance of

the duties of their employment or commuting between their

homes and places of employment; and watchmen while actually

engaged in the performance of the duties of their

employment.

(5) Persons licensed as private security contractors,

private detectives, or private alarm contractors, or

employed by a private security contractor, private

detective, or private alarm contractor agency licensed by

the Department of Financial and Professional Regulation,

if their duties include the carrying of a weapon under the

provisions of the Private Detective, Private Alarm,

Private Security, Fingerprint Vendor, and Locksmith Act of

2004, while actually engaged in the performance of the

duties of their employment or commuting between their homes

and places of employment. A person shall be considered

eligible for this exemption if he or she has completed the

required 20 hours of training for a private security

contractor, private detective, or private alarm

contractor, or employee of a licensed private security

contractor, private detective, or private alarm contractor

agency and 20 hours of required firearm training, and has

been issued a firearm control card by the Department of

Financial and Professional Regulation. Conditions for the

renewal of firearm control cards issued under the

provisions of this Section shall be the same as for those

cards issued under the provisions of the Private Detective,

Private Alarm, Private Security, Fingerprint Vendor, and

Locksmith Act of 2004. The firearm control card shall be

carried by the private security contractor, private

detective, or private alarm contractor, or employee of the

licensed private security contractor, private detective,

or private alarm contractor agency at all times when he or

she is in possession of a concealable weapon permitted by

his or her firearm control card.

(6) Any person regularly employed in a commercial or

industrial operation as a security guard for the protection

of persons employed and private property related to such

commercial or industrial operation, while actually engaged

in the performance of his or her duty or traveling between

sites or properties belonging to the employer, and who, as

a security guard, is a member of a security force

registered with the Department of Financial and

Professional Regulation; provided that such security guard

has successfully completed a course of study, approved by

and supervised by the Department of Financial and

Professional Regulation, consisting of not less than 40

hours of training that includes the theory of law

enforcement, liability for acts, and the handling of

weapons. A person shall be considered eligible for this

exemption if he or she has completed the required 20 hours

of training for a security officer and 20 hours of required

firearm training, and has been issued a firearm control

card by the Department of Financial and Professional

Regulation. Conditions for the renewal of firearm control

cards issued under the provisions of this Section shall be

the same as for those cards issued under the provisions of

the Private Detective, Private Alarm, Private Security,

Fingerprint Vendor, and Locksmith Act of 2004. The firearm

control card shall be carried by the security guard at all

times when he or she is in possession of a concealable

weapon permitted by his or her firearm control card.

(7) Agents and investigators of the Illinois

Legislative Investigating Commission authorized by the

Commission to carry the weapons specified in subsections

24-1(a)(3) and 24-1(a)(4), while on duty in the course of

any investigation for the Commission.

(8) Persons employed by a financial institution as a

security guard for the protection of other employees and

property related to such financial institution, while

actually engaged in the performance of their duties,

commuting between their homes and places of employment, or

traveling between sites or properties owned or operated by

such financial institution, and who, as a security guard,

is a member of a security force registered with the

Department; provided that any person so employed has

successfully completed a course of study, approved by and

supervised by the Department of Financial and Professional

Regulation, consisting of not less than 40 hours of

training which includes theory of law enforcement,

liability for acts, and the handling of weapons. A person

shall be considered to be eligible for this exemption if he

or she has completed the required 20 hours of training for

a security officer and 20 hours of required firearm

training, and has been issued a firearm control card by the

Department of Financial and Professional Regulation.

Conditions for renewal of firearm control cards issued

under the provisions of this Section shall be the same as

for those issued under the provisions of the Private

Detective, Private Alarm, Private Security, Fingerprint

Vendor, and Locksmith Act of 2004. The firearm control card

shall be carried by the security guard at all times when he

or she is in possession of a concealable weapon permitted

by his or her firearm control card. For purposes of this

subsection, "financial institution" means a bank, savings

and loan association, credit union or company providing

armored car services.

(9) Any person employed by an armored car company to

drive an armored car, while actually engaged in the

performance of his duties.

(10) Persons who have been classified as peace officers

pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's

Attorneys Appellate Prosecutor authorized by the board of

governors of the Office of the State's Attorneys Appellate

Prosecutor to carry weapons pursuant to Section 7.06 of the

State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's

Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of

their duties, or while commuting between their homes,

places of employment or specific locations that are part of

their assigned duties, with the consent of the chief judge

of the circuit for which they are employed, if they have

received weapons training according to requirements of the

Peace Officer and Probation Officer Firearm Training Act.

(13) Court Security Officers while in the performance

of their official duties, or while commuting between their

homes and places of employment, with the consent of the

Sheriff.

(13.5) A person employed as an armed security guard at

a nuclear energy, storage, weapons or development site or

facility regulated by the Nuclear Regulatory Commission

who has completed the background screening and training

mandated by the rules and regulations of the Nuclear

Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons

to persons authorized under subdivisions (1) through

(13.5) of this subsection to possess those weapons.

(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

to or affect any person carrying a concealed pistol, revolver,

or handgun and the person has been issued a currently valid

license under the Firearm Concealed Carry Act at the time of

the commission of the offense.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for

the purpose of practicing shooting at targets upon

established target ranges, whether public or private, and

patrons of such ranges, while such members or patrons are

using their firearms on those target ranges.

(2) Duly authorized military or civil organizations

while parading, with the special permission of the

Governor.

(3) Hunters, trappers or fishermen with a license or

permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a

non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun

gun or taser or other firearm on the land or in the legal

dwelling of another person as an invitee with that person's

permission.

(c) Subsection 24-1(a)(7) does not apply to or affect any

of the following:

(1) Peace officers while in performance of their

official duties.

(2) Wardens, superintendents and keepers of prisons,

penitentiaries, jails and other institutions for the

detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(4) Manufacture, transportation, or sale of machine

guns to persons authorized under subdivisions (1) through

(3) of this subsection to possess machine guns, if the

machine guns are broken down in a non-functioning state or

are not immediately accessible.

(5) Persons licensed under federal law to manufacture

any weapon from which 8 or more shots or bullets can be

discharged by a single function of the firing device, or

ammunition for such weapons, and actually engaged in the

business of manufacturing such weapons or ammunition, but

only with respect to activities which are within the lawful

scope of such business, such as the manufacture,

transportation, or testing of such weapons or ammunition.

This exemption does not authorize the general private

possession of any weapon from which 8 or more shots or

bullets can be discharged by a single function of the

firing device, but only such possession and activities as

are within the lawful scope of a licensed manufacturing

business described in this paragraph.

During transportation, such weapons shall be broken

down in a non-functioning state or not immediately

accessible.

(6) The manufacture, transport, testing, delivery,

transfer or sale, and all lawful commercial or experimental

activities necessary thereto, of rifles, shotguns, and

weapons made from rifles or shotguns, or ammunition for

such rifles, shotguns or weapons, where engaged in by a

person operating as a contractor or subcontractor pursuant

to a contract or subcontract for the development and supply

of such rifles, shotguns, weapons or ammunition to the

United States government or any branch of the Armed Forces

of the United States, when such activities are necessary

and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6)

shall also apply to any authorized agent of any such

contractor or subcontractor who is operating within the

scope of his employment, where such activities involving

such weapon, weapons or ammunition are necessary and

incident to fulfilling the terms of such contract.

(7) A person possessing a rifle with a barrel or

barrels less than 16 inches in length if: (A) the person

has been issued a Curios and Relics license from the U.S.

Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

the person is an active member of a bona fide, nationally

recognized military re-enacting group and the modification

is required and necessary to accurately portray the weapon

for historical re-enactment purposes; the re-enactor is in

possession of a valid and current re-enacting group

membership credential; and the overall length of the weapon

as modified is not less than 26 inches.

(d) Subsection 24-1(a)(1) does not apply to the purchase,

possession or carrying of a black-jack or slung-shot by a peace

officer.

(e) Subsection 24-1(a)(8) does not apply to any owner,

manager or authorized employee of any place specified in that

subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

Section 24-1.6 do not apply to members of any club or

organization organized for the purpose of practicing shooting

at targets upon established target ranges, whether public or

private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

to:

(1) Members of the Armed Services or Reserve Forces of

the United States or the Illinois National Guard, while in

the performance of their official duty.

(2) Bonafide collectors of antique or surplus military

ordnance ordinance.

(3) Laboratories having a department of forensic

ballistics, or specializing in the development of

ammunition or explosive ordnance ordinance.

(4) Commerce, preparation, assembly or possession of

explosive bullets by manufacturers of ammunition licensed

by the federal government, in connection with the supply of

those organizations and persons exempted by subdivision

(g)(1) of this Section, or like organizations and persons

outside this State, or the transportation of explosive

bullets to any organization or person exempted in this

Section by a common carrier or by a vehicle owned or leased

by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect

persons licensed under federal law to manufacture any device or

attachment of any kind designed, used, or intended for use in

silencing the report of any firearm, firearms, or ammunition

for those firearms equipped with those devices, and actually

engaged in the business of manufacturing those devices,

firearms, or ammunition, but only with respect to activities

that are within the lawful scope of that business, such as the

manufacture, transportation, or testing of those devices,

firearms, or ammunition. This exemption does not authorize the

general private possession of any device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm, but only such possession and activities

as are within the lawful scope of a licensed manufacturing

business described in this subsection (g-5). During

transportation, these devices shall be detached from any weapon

or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

24-1.6 do not apply to or affect any parole agent or parole

supervisor who meets the qualifications and conditions

prescribed in Section 3-14-1.5 of the Unified Code of

Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace

officer while serving as a member of a tactical response team

or special operations team. A peace officer may not personally

own or apply for ownership of a device or attachment of any

kind designed, used, or intended for use in silencing the

report of any firearm. These devices shall be owned and

maintained by lawfully recognized units of government whose

duties include the investigation of criminal acts.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

athlete's possession, transport on official Olympic and

Paralympic transit systems established for athletes, or use of

competition firearms sanctioned by the International Olympic

Committee, the International Paralympic Committee, the

International Shooting Sport Federation, or USA Shooting in

connection with such athlete's training for and participation

in shooting competitions at the 2016 Olympic and Paralympic

Games and sanctioned test events leading up to the 2016 Olympic

and Paralympic Games.

(h) An information or indictment based upon a violation of

any subsection of this Article need not negative any exemptions

contained in this Article. The defendant shall have the burden

of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or

affect the transportation, carrying, or possession, of any

pistol or revolver, stun gun, taser, or other firearm consigned

to a common carrier operating under license of the State of

Illinois or the federal government, where such transportation,

carrying, or possession is incident to the lawful

transportation in which such common carrier is engaged; and

nothing in this Article shall prohibit, apply to, or affect the

transportation, carrying, or possession of any pistol,

revolver, stun gun, taser, or other firearm, not the subject of

and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

this Article, which is unloaded and enclosed in a case, firearm

carrying box, shipping box, or other container, by the

possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725,

eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)

(720 ILCS 5/32-14)

Sec. 32-14. Unlawful manipulation of a judicial sale.

(a) A person commits the offense of unlawful manipulation

of a judicial sale when he or she knowingly and by any means

makes any contract with or engages in any combination or

conspiracy with any other person who is, or but for a prior

agreement is, a competitor of such person for the purpose of or

with the effect of fixing, controlling, limiting, or otherwise

manipulating (1) the participation of any person in, or (2) the

making of bids, at any judicial sale.

(b) Penalties. Unlawful manipulation of a judicial sale is

a Class 3 felony. A mandatory fine shall be imposed for a

violation, not to exceed $1,000,000 if the violator is a

corporation, or, if the violator is any other person, $100,000.

A second or subsequent violation is a Class 2 felony.

(c) Injunctive and other relief. The State's Attorney shall

bring suit in the circuit court to prevent and restrain

violations of subsection (a). In such a proceeding, the court

shall determine whether a violation has been committed, and

shall enter such judgment as it considers necessary to remove

the effects of any violation which it finds, and to prevent

such violation from continuing or from being renewed in the

future. The court, in its discretion, may exercise all powers

necessary for this purpose, including, but not limited to,

injunction and divestiture of property.

(d) Private right of action. Any person who has been

injured by a violation of subsection (a) may maintain an action

in the Circuit Court for damages, or for an injunction, or

both, against any person who has committed such violation. If,

in an action for an injunction, the court issues an injunction,

the plaintiff shall be awarded costs and reasonable attorney's

fees. In an action for damages, the person injured shall be

awarded 3 times the amount of actual damages. This State,

counties, municipalities, townships, and any political

subdivision organized under the authority of this State, and

the United States, are considered a person having standing to

bring an action under this subsection. Any action for damages

under this subsection is forever barred unless commenced within

4 years after the cause of action accrued. In any action for

damages under this subsection, the court may, in its

discretion, award reasonable fees to the prevailing defendant

upon a finding that the plaintiff acted in bad faith,

vexatiously, wantonly, or for oppressive reasons.

(e) Exclusion from subsequent judicial sales. Any person

convicted of a violation of subsection (a) or any similar

offense of any state or the United States shall be barred for 5

years from the date of conviction from participating as a

bidding entity in any judicial sale. No corporation shall be

barred from participating in a judicial sale as a result of a

conviction under subsection (a) of any employee or agent of

such corporation if the employee so convicted is no longer

employed by the corporation and: (1) it has been finally

adjudicated not guilty or (2) it demonstrates to the circuit

court conducting such judicial sale and the court so finds that

the commission of the offense was neither authorized,

requested, commanded, nor performed by a director, officer or a

high managerial agent in behalf of the corporation as provided

in paragraph (2) of subsection (a) of Section 5-4 of this Code.

(f) Definitions. As used in this Section, unless the

context otherwise requires:

"Judicial sale" means any sale of real or personal property

in accordance with a court order, including, but not limited

to, judicial sales conducted pursuant to Section 15-1507 of the

Code of Civil Procedure, sales ordered to satisfy judgments

under Article XII of the Code of Civil Procedure, and

enforcements of delinquent property taxes under Article 21 XXI

of the Property Tax Code.

"Person" means any natural person, or any corporation,

partnership, or association of persons.

(Source: P.A. 96-408, eff. 8-13-09; revised 10-5-16.)

Section 670. The Illinois Controlled Substances Act is

amended by changing Section 204 as follows:

(720 ILCS 570/204) (from Ch. 56 1/2, par. 1204)

Sec. 204. (a) The controlled substances listed in this

Section are included in Schedule I.

(b) Unless specifically excepted or unless listed in

another schedule, any of the following 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:

(1) Acetylmethadol;

(1.1) Acetyl-alpha-methylfentanyl

(N-[1-(1-methyl-2-phenethyl)-

4-piperidinyl]-N-phenylacetamide);

(2) Allylprodine;

(3) Alphacetylmethadol, except

levo-alphacetylmethadol (also known as levo-alpha-

acetylmethadol, levomethadyl acetate, or LAAM);

(4) Alphameprodine;

(5) Alphamethadol;

(6) Alpha-methylfentanyl

(N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)

propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-

propanilido) piperidine;

(6.1) Alpha-methylthiofentanyl

(N-[1-methyl-2-(2-thienyl)ethyl-

4-piperidinyl]-N-phenylpropanamide);

(7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);

(7.1) PEPAP

(1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);

(8) Benzethidine;

(9) Betacetylmethadol;

(9.1) Beta-hydroxyfentanyl

(N-[1-(2-hydroxy-2-phenethyl)-

4-piperidinyl]-N-phenylpropanamide);

(10) Betameprodine;

(11) Betamethadol;

(12) Betaprodine;

(13) Clonitazene;

(14) Dextromoramide;

(15) Diampromide;

(16) Diethylthiambutene;

(17) Difenoxin;

(18) Dimenoxadol;

(19) Dimepheptanol;

(20) Dimethylthiambutene;

(21) Dioxaphetylbutyrate;

(22) Dipipanone;

(23) Ethylmethylthiambutene;

(24) Etonitazene;

(25) Etoxeridine;

(26) Furethidine;

(27) Hydroxpethidine;

(28) Ketobemidone;

(29) Levomoramide;

(30) Levophenacylmorphan;

(31) 3-Methylfentanyl

(N-[3-methyl-1-(2-phenylethyl)-

4-piperidyl]-N-phenylpropanamide);

(31.1) 3-Methylthiofentanyl

(N-[(3-methyl-1-(2-thienyl)ethyl-

4-piperidinyl]-N-phenylpropanamide);

(32) Morpheridine;

(33) Noracymethadol;

(34) Norlevorphanol;

(35) Normethadone;

(36) Norpipanone;

(36.1) Para-fluorofentanyl

(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-

4-piperidinyl]propanamide);

(37) Phenadoxone;

(38) Phenampromide;

(39) Phenomorphan;

(40) Phenoperidine;

(41) Piritramide;

(42) Proheptazine;

(43) Properidine;

(44) Propiram;

(45) Racemoramide;

(45.1) Thiofentanyl

(N-phenyl-N-[1-(2-thienyl)ethyl-

4-piperidinyl]-propanamide);

(46) Tilidine;

(47) Trimeperidine;

(48) Beta-hydroxy-3-methylfentanyl (other name:

N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-

N-phenylpropanamide).

(c) Unless specifically excepted or unless listed in

another schedule, any of the following opium derivatives, its

salts, isomers and salts of isomers, whenever the existence of

such salts, isomers and salts of isomers is possible within the

specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Diacetyldihydromorphine (Dihydroheroin);

(9) Dihydromorphine;

(10) Drotebanol;

(11) Etorphine (except hydrochloride salt);

(12) Heroin;

(13) Hydromorphinol;

(14) Methyldesorphine;

(15) Methyldihydromorphine;

(16) Morphine methylbromide;

(17) Morphine methylsulfonate;

(18) Morphine-N-Oxide;

(19) Myrophine;

(20) Nicocodeine;

(21) Nicomorphine;

(22) Normorphine;

(23) Pholcodine;

(24) Thebacon.

(d) Unless specifically excepted or unless listed in

another schedule, any material, compound, mixture, or

preparation which contains any quantity of the following

hallucinogenic substances, or which contains any of its salts,

isomers and salts of isomers, whenever the existence of such

salts, isomers, and salts of isomers is possible within the

specific chemical designation (for the purposes of this

paragraph only, the term "isomer" includes the optical,

position and geometric isomers):

(1) 3,4-methylenedioxyamphetamine

(alpha-methyl,3,4-methylenedioxyphenethylamine,

methylenedioxyamphetamine, MDA);

(1.1) Alpha-ethyltryptamine

(some trade or other names: etryptamine;

MONASE; alpha-ethyl-1H-indole-3-ethanamine;

3-(2-aminobutyl)indole; a-ET; and AET);

(2) 3,4-methylenedioxymethamphetamine (MDMA);

(2.1) 3,4-methylenedioxy-N-ethylamphetamine

(also known as: N-ethyl-alpha-methyl-

3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,

and MDEA);

(2.2) N-Benzylpiperazine (BZP);

(2.2-1) Trifluoromethylphenylpiperazine (TFMPP);

(3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);

(4) 3,4,5-trimethoxyamphetamine (TMA);

(5) (Blank);

(6) Diethyltryptamine (DET);

(7) Dimethyltryptamine (DMT);

(7.1) 5-Methoxy-diallyltryptamine;

(8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);

(9) Ibogaine (some trade and other names:

7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-

6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]

indole; Tabernanthe iboga);

(10) Lysergic acid diethylamide;

(10.1) Salvinorin A;

(10.5) Salvia divinorum (meaning all parts of the plant

presently classified botanically as Salvia divinorum,

whether growing or not, the seeds thereof, any extract from

any part of that plant, and every compound, manufacture,

salts, isomers, and salts of isomers whenever the existence

of such salts, isomers, and salts of isomers is possible

within the specific chemical designation, derivative,

mixture, or preparation of that plant, its seeds or

extracts);

(11) 3,4,5-trimethoxyphenethylamine (Mescaline);

(12) Peyote (meaning all parts of the plant presently

classified botanically as Lophophora williamsii Lemaire,

whether growing or not, the seeds thereof, any extract from

any part of that plant, and every compound, manufacture,

salts, derivative, mixture, or preparation of that plant,

its seeds or extracts);

(13) N-ethyl-3-piperidyl benzilate (JB 318);

(14) N-methyl-3-piperidyl benzilate;

(14.1) N-hydroxy-3,4-methylenedioxyamphetamine

(also known as N-hydroxy-alpha-methyl-

3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);

(15) Parahexyl; some trade or other names:

3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-

dibenzo (b,d) pyran; Synhexyl;

(16) Psilocybin;

(17) Psilocyn;

(18) Alpha-methyltryptamine (AMT);

(19) 2,5-dimethoxyamphetamine

(2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);

(20) 4-bromo-2,5-dimethoxyamphetamine

(4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;

4-bromo-2,5-DMA);

(20.1) 4-Bromo-2,5 dimethoxyphenethylamine.

Some trade or other names: 2-(4-bromo-

2,5-dimethoxyphenyl)-1-aminoethane;

alpha-desmethyl DOB, 2CB, Nexus;

(21) 4-methoxyamphetamine

(4-methoxy-alpha-methylphenethylamine;

paramethoxyamphetamine; PMA);

(22) (Blank);

(23) Ethylamine analog of phencyclidine.

Some trade or other names:

N-ethyl-1-phenylcyclohexylamine,

(1-phenylcyclohexyl) ethylamine,

N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;

(24) Pyrrolidine analog of phencyclidine. Some trade

or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,

PHP;

(25) 5-methoxy-3,4-methylenedioxy-amphetamine;

(26) 2,5-dimethoxy-4-ethylamphetamine

(another name: DOET);

(27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine

(another name: TCPy);

(28) (Blank);

(29) Thiophene analog of phencyclidine (some trade

or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;

2-thienyl analog of phencyclidine; TPCP; TCP);

(30) Bufotenine (some trade or other names:

3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;

3-(2-dimethylaminoethyl)-5-indolol;

5-hydroxy-N,N-dimethyltryptamine;

N,N-dimethylserotonin; mappine);

(31) 1-Pentyl-3-(1-naphthoyl)indole

Some trade or other names: JWH-018;

(32) 1-Butyl-3-(1-naphthoyl)indole

Some trade or other names: JWH-073;

(33) 1-[(5-fluoropentyl)-1H-indol-3-yl]-

(2-iodophenyl)methanone

Some trade or other names: AM-694;

(34) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-

(2-methyloctan-2-yl)phenol

Some trade or other names: CP 47,497

and its C6, C8 and C9 homologs;

(34.5) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-

(2-methyloctan-2-yl)phenol), where side chain n=5;

and homologues where side chain n=4, 6, or 7; Some

trade or other names: CP 47,497;

(35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-

(2-methyloctan-2-yl)-6a,7,

10,10a-tetrahydrobenzo[c]chromen-1-ol

Some trade or other names: HU-210;

(35.5) (6aS,10aS)-9-(hydroxymethyl)-6,6-

dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-

tetrahydrobenzo[c]chromen-1-ol, its isomers,

salts, and salts of isomers; Some trade or other

names: HU-210, Dexanabinol;

(36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-

6,6-dimethyl-3-(2-methyloctan-2-yl)-

6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol

Some trade or other names: HU-211;

(37) (2-methyl-1-propyl-1H-indol-

3-yl)-1-naphthalenyl-methanone

Some trade or other names: JWH-015;

(38) 4-methoxynaphthalen-1-yl-

(1-pentylindol-3-yl)methanone

Some trade or other names: JWH-081;

(39) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole

Some trade or other names: JWH-122;

(40) 2-(2-methylphenyl)-1-(1-pentyl-

1H-indol-3-yl)-ethanone

Some trade or other names: JWH-251;

(41) 1-(2-cyclohexylethyl)-3-

(2-methoxyphenylacetyl)indole

Some trade or other names: RCS-8, BTW-8 and SR-18;

(42) Any compound structurally derived from

3-(1-naphthoyl)indole or 1H-indol-3-yl-

(1-naphthyl)methane by substitution at the

nitrogen atom of the indole ring by alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,

or 2-(4-morpholinyl)ethyl whether or not further

substituted in the indole ring to any extent, whether

or not substituted in the naphthyl ring to any extent.

Examples of this structural class include, but are

not limited to, JWH-018, AM-2201, JWH-175, JWH-184,

and JWH-185;

(43) Any compound structurally derived from

3-(1-naphthoyl)pyrrole by substitution at the nitrogen

atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl

aryl halide, 1-(N-methyl-2-piperidinyl)methyl,

or 2-(4-morpholinyl)ethyl, whether or not further

substituted in the pyrrole ring to any extent, whether

or not substituted in the naphthyl ring to any extent.

Examples of this structural class include, but are not

limited to, JWH-030, JWH-145, JWH-146, JWH-307, and

JWH-368;

(44) Any compound structurally derived from

1-(1-naphthylmethyl)indene by substitution

at the 3-position of the indene ring by alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl

halide, alkyl aryl halide, 1-(N-methyl-

2-piperidinyl)methyl, or 2-(4-

morpholinyl)ethyl whether or not further substituted in

the indene ring to any extent, whether or not substituted

in the naphthyl ring to any extent. Examples of

this structural class include, but are not

limited to, JWH-176;

(45) Any compound structurally derived from

3-phenylacetylindole by substitution at the

nitrogen atom of the indole ring with alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl

halide, alkyl aryl halide, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,

whether or not further substituted in the indole ring

to any extent, whether or not substituted in the phenyl

ring to any extent. Examples of this structural

class include, but are not limited to, JWH-167,

JWH-250, JWH-251, and RCS-8;

(46) Any compound structurally derived from

2-(3-hydroxycyclohexyl)phenol by substitution

at the 5-position of the phenolic ring by alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

aryl halide, alkyl aryl halide, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,

whether or not substituted in the cyclohexyl ring to any

extent. Examples of this structural class

include, but are not limited to, CP 47,

497 and its C8 homologue (cannabicyclohexanol);

(46.1) Benzoylindoles: Any compound

containing a 3-(benzoyl) indole structure with

substitution at the nitrogen atom of the

indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl,

1-(N-methyl-2-piperidinyl)methyl,

or 2-(4-morpholinyl)ethyl group

whether or not further substituted

in the indole ring to any extent and

whether or not substituted in the phenyl ring

to any extent. Examples of this structural class

include, but are not limited, to, AM-630,

AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;

(47) 3,4-Methylenedioxymethcathinone

Some trade or other names: Methylone;

(48) 3,4-Methyenedioxypyrovalerone

Some trade or other names: MDPV;

(49) 4-Methylmethcathinone

Some trade or other names: Mephedrone;

(50) 4-methoxymethcathinone;

(51) 4-Fluoromethcathinone;

(52) 3-Fluoromethcathinone;

(53) 2,5-Dimethoxy-4-(n)-propylthio-

phenethylamine;

(54) 5-Methoxy-N,N-diisopropyltryptamine;

(55) Pentedrone;

(56) 4-iodo-2,5-dimethoxy-N-((2-methoxy

phenyl)methyl)-benzeneethanamine

(trade or other name: 25I-NBOMe);

(57) 4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)

methyl]-benzeneethanamine (trade or other name:

25C-NBOMe);

(58) 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)

methyl]-benzeneethanamine (trade or other name:

25B-NBOMe);

(59) 3-cyclopropoylindole with

substitution at the nitrogen atom of the

indole ring by alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, aryl

halide, alkyl aryl halide,

1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not

further substituted on the indole ring

to any extent, whether or not substituted

on the cyclopropyl ring to any extent:

including, but not limited to, XLR11,

UR144, FUB-144;

(60) 3-adamantoylindole with

substitution at the nitrogen atom of the

indole ring by alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl,

aryl halide, alkyl aryl halide,

1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not

further substituted on the indole ring to

any extent, whether or not substituted on

the adamantyl ring to any extent: including,

but not limited to, AB-001;

(61) N-(adamantyl)-indole-3-carboxamide

with substitution at the nitrogen atom of the

indole ring by alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, aryl halide,

alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl,

or 2-(4-morpholinyl)ethyl, whether or not further

substituted on the indole ring to any extent, whether

or not substituted on the adamantyl ring to any

extent: including, but not limited to,

APICA/2NE-1, STS-135;

(62) N-(adamantyl)-indazole-3-carboxamide

with substitution at a nitrogen atom of the indazole

ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, aryl halide, alkyl aryl halide,

1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not further

substituted on the indazole ring to any extent,

whether or not substituted on the adamantyl

ring to any extent: including, but not limited

to, AKB48, 5F-AKB48;

(63) 1H-indole-3-carboxylic acid 8-quinolinyl

ester with substitution at the nitrogen atom of the

indole ring by alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl

aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not further

substituted on the indole ring to any extent,

whether or not substituted on the quinoline ring

to any extent: including, but not limited to, PB22,

5F-PB22, FUB-PB-22;

(64) 3-(1-naphthoyl)indazole with

substitution at the nitrogen atom of the

indazole ring by alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl,

aryl halide, alkyl aryl halide,

1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not further

substituted on the indazole ring to any extent,

whether or not substituted on the naphthyl ring

to any extent: including, but not limited to,

THJ-018, THJ-2201;

(65) 2-(1-naphthoyl)benzimidazole with

substitution at the nitrogen atom of the benzimidazole

ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,

cycloalkylethyl, aryl halide, alkyl aryl halide,

1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not further

substituted on the benzimidazole ring to any extent,

whether or not substituted on the naphthyl ring to

any extent: including, but not limited to, FUBIMINA;

(66) N-(1-amino-3-methyl-1-oxobutan-2-yl)

-1H-indazole-3-carboxamide with substitution on the

nitrogen atom of the indazole ring by alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

aryl halide, alkyl aryl halide, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,

whether or not further substituted on the indazole

ring to any extent: including, but not limited to,

AB-PINACA, AB-FUBINACA, AB-CHMINACA;

(67) N-(1-amino-3,3-dimethyl-1-oxobutan-

2-yl)-1H-indazole-3-carboxamide with substitution

on the nitrogen atom of the indazole ring by alkyl,

haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,

aryl halide, alkyl aryl halide, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, whether

or not further substituted on the indazole ring to any

extent: including, but not limited to, ADB-PINACA,

ADB-FUBINACA;

(68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-

1H-indole-3-carboxamide with substitution on the nitrogen

atom of the indole ring by alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl

aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or

2-(4-morpholinyl)ethyl, whether or not further

substituted on the indole ring to any extent:

including, but not limited to, ADBICA, 5F-ADBICA;

(69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-

1H-indole-3-carboxamide with substitution on the

nitrogen atom of the indole ring by alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl

halide, alkyl aryl halide, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,

whether or not further substituted on the indole

ring to any extent: including, but not limited

to, ABICA, 5F-ABICA;

(70) Methyl 2-(1H-indazole-3-carboxamido)-

3-methylbutanoate with substitution on the nitrogen

atom of the indazole ring by alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl

halide, alkyl aryl halide, 1-(N-methyl-2-

piperidinyl)methyl, or 2-(4-morpholinyl)ethyl,

whether or not further substituted on the indazole

ring to any extent: including, but not limited to, AMB,

5F-AMB.

(e) Unless specifically excepted or unless listed in

another schedule, any material, compound, mixture, or

preparation which contains any quantity of the following

substances having a depressant effect on the central nervous

system, including its salts, isomers, and salts of isomers

whenever the existence of such salts, isomers, and salts of

isomers is possible within the specific chemical designation:

(1) mecloqualone;

(2) methaqualone; and

(3) gamma hydroxybutyric acid.

(f) Unless specifically excepted or unless listed in

another schedule, any material, compound, mixture, or

preparation which contains any quantity of the following

substances having a stimulant effect on the central nervous

system, including its salts, isomers, and salts of isomers:

(1) Fenethylline;

(2) N-ethylamphetamine;

(3) Aminorex (some other names:

2-amino-5-phenyl-2-oxazoline; aminoxaphen;

4-5-dihydro-5-phenyl-2-oxazolamine) and its

salts, optical isomers, and salts of optical isomers;

(4) Methcathinone (some other names:

2-methylamino-1-phenylpropan-1-one;

Ephedrone; 2-(methylamino)-propiophenone;

alpha-(methylamino)propiophenone; N-methylcathinone;

methycathinone; Monomethylpropion; UR 1431) and its

salts, optical isomers, and salts of optical isomers;

(5) Cathinone (some trade or other names:

2-aminopropiophenone; alpha-aminopropiophenone;

2-amino-1-phenyl-propanone; norephedrone);

(6) N,N-dimethylamphetamine (also known as:

N,N-alpha-trimethyl-benzeneethanamine;

N,N-alpha-trimethylphenethylamine);

(7) (+ or -) cis-4-methylaminorex ((+ or -) cis-

4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);

(8) 3,4-Methylenedioxypyrovalerone (MDPV).

(g) Temporary listing of substances subject to emergency

scheduling. Any material, compound, mixture, or preparation

that contains any quantity of the following substances:

(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide

(benzylfentanyl), its optical isomers, isomers, salts,

and salts of isomers;

(2) N-[1(2-thienyl)

methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl),

its optical isomers, salts, and salts of isomers.

(h) Synthetic cathinones. Unless specifically excepted,

any chemical compound not including bupropion, structurally

derived from 2-aminopropan-1-one by substitution at the

1-position with either phenyl, naphthyl, or thiophene ring

systems, whether or not the compound is further modified in one

or more of the following ways:

(1) by substitution in the ring system to

any extent with alkyl, alkylenedioxy, alkoxy,

haloalkyl, hydroxyl, or halide substituents, whether

or not further substituted in the ring system

by one or more other univalent substituents.

Examples of this class include, but are not

limited to, 3,4-Methylenedioxycathinone

(bk-MDA);

(2) by substitution at the 3-position

with an acyclic alkyl substituent. Examples of

this class include, but are not limited to,

2-methylamino-1-phenylbutan-1-one

(buphedrone); or

(3) by substitution at the 2-amino nitrogen

atom with alkyl, dialkyl, benzyl, or methoxybenzyl

groups, or by inclusion of the 2-amino nitrogen atom

in a cyclic structure. Examples of this class include,

but are not limited to, Dimethylcathinone, Ethcathinone,

and a-Pyrrolidinopropiophenone (a-PPP).

(Source: P.A. 98-987, eff. 1-1-15; 99-371, eff. 1-1-16; revised

10-25-16.)

Section 675. The Prevention of Tobacco Use by Minors and

Sale and Distribution of Tobacco Products Act is amended by

changing Sections 1.5 and 2 as follows:

(720 ILCS 675/1.5)

Sec. 1.5. Distribution of alternative nicotine products to

persons under 18 years of age prohibited.

(a) For the purposes of this Section, "alternative nicotine

product" means a product or device not consisting of or

containing tobacco that provides for the ingestion into the

body of nicotine, whether by chewing, smoking, absorbing,

dissolving, inhaling, snorting, sniffing, or by any other

means. "Alternative nicotine product" excludes cigarettes,

smokeless tobacco, or other tobacco products as these terms are

defined in Section 1 of this Act and any product approved by

the United States Food and Drug Administration as a non-tobacco

product for sale as a tobacco cessation product, as a tobacco

dependence product, or for other medical purposes, and is being

marketed and sold solely for that approved purpose.

(b) A person, either directly or indirectly by an agent or

employee, or by a vending machine owned by the person or

located in the person's establishment, may not sell, offer for

sale, give, or furnish any alternative nicotine product, or any

cartridge or component of an alternative nicotine product, to a

person under 18 years of age.

(c) Before selling, offering for sale, giving, or

furnishing an alternative nicotine product, or any cartridge or

component of an alternative nicotine product, to another

person, the person selling, offering for sale, giving, or

furnishing the alternative nicotine product shall verify that

the person is at least 18 years of age by:

(1) examining from any person that appears to be under

27 years of age a government-issued photographic

identification that establishes the person is at least 18

years of age or

(2) for sales made through though the Internet or other

remote sales methods, performing an age verification

through an independent, third-party age verification

service that compares information available from public

records to the personal information entered by the person

during the ordering process that establishes the person is

18 years of age or older.

(d) A person under 18 years of age shall not possess an

alternative nicotine product.

(Source: P.A. 98-350, eff. 1-1-14; 99-496, eff. 6-1-16; revised

10-25-16.)

(720 ILCS 675/2) (from Ch. 23, par. 2358)

Sec. 2. Penalties.

(a) Any person who violates subsection (a) or (a-5) of

Section 1 or subsection (b) or (c) of Section 1.5 of this Act

is guilty of a petty offense. For the first offense in a

24-month period, the person shall be fined $200 if his or her

employer has a training program that facilitates compliance

with minimum-age tobacco laws. For the second offense in a

24-month period, the person shall be fined $400 if his or her

employer has a training program that facilitates compliance

with minimum-age tobacco laws. For the third offense in a

24-month period, the person shall be fined $600 if his or her

employer has a training program that facilitates compliance

with minimum-age tobacco laws. For the fourth or subsequent

offense in a 24-month period, the person shall be fined $800 if

his or her employer has a training program that facilitates

compliance with minimum-age tobacco laws. For the purposes of

this subsection, the 24-month period shall begin with the

person's first violation of the Act. The penalties in this

subsection are in addition to any other penalties prescribed

under the Cigarette Tax Act and the Tobacco Products Tax Act of

1995.

(a-5) Any retailer who violates subsection (a) or (a-5) of

Section 1 or subsection (b) or (c) of Section 1.5 of this Act

is guilty of a petty offense. For the first offense, the

retailer shall be fined $200 if it does not have a training

program that facilitates compliance with minimum-age tobacco

laws. For the second offense, the retailer shall be fined $400

if it does not have a training program that facilitates

compliance with minimum-age tobacco laws. For the third

offense, the retailer shall be fined $600 if it does not have a

training program that facilitates compliance with minimum-age

tobacco laws. For the fourth or subsequent offense in a

24-month period, the retailer shall be fined $800 if it does

not have a training program that facilitates compliance with

minimum-age tobacco laws. For the purposes of this subsection,

the 24-month period shall begin with the person's first

violation of the Act. The penalties in this subsection are in

addition to any other penalties prescribed under the Cigarette

Tax Act and the Tobacco Products Tax Act of 1995.

(a-6) For the purpose of this Act, a training program that

facilitates compliance with minimum-age tobacco laws must

include at least the following elements: (i) it must explain

that only individuals displaying valid identification

demonstrating that they are 18 years of age or older shall be

eligible to purchase cigarettes or tobacco products and (ii) it

must explain where a clerk can check identification for a date

of birth. The training may be conducted electronically. Each

retailer that has a training program shall require each

employee who completes the training program to sign a form

attesting that the employee has received and completed tobacco

training. The form shall be kept in the employee's file and may

be used to provide proof of training.

(b) If a minor violates subsection (a-7) of Section 1 or

subsection (d) of Section 1.5, he or she is guilty of a petty

offense and the court may impose a sentence of 25 hours of

community service and a fine of $50 for a first violation. If a

minor violates subsection (a-6) of Section 1, he or she is

guilty of a Class A misdemeanor.

(c) A second violation by a minor of subsection (a-7) of

Section 1 or subsection (d) of Section 1.5 that occurs within

12 months after the first violation is punishable by a fine of

$75 and 50 hours of community service.

(d) A third or subsequent violation by a minor of

subsection (a-7) of Section 1 or subsection (d) of Section 1.5

that occurs within 12 months after the first violation is

punishable by a $200 fine and 50 hours of community service.

(e) Any second or subsequent violation not within the

12-month time period after the first violation is punishable as

provided for a first violation.

(f) If a minor is convicted of or placed on supervision for

a violation of subsection (a-6) or (a-7) of Section 1 or

subsection (d) of Section 1.5, the court may, in its

discretion, and upon recommendation by the State's Attorney,

order that minor and his or her parents or legal guardian to

attend a smoker's education or youth diversion program if that

program is available in the jurisdiction where the offender

resides. Attendance at a smoker's education or youth diversion

program shall be time-credited against any community service

time imposed for any first violation of subsection (a-7) of

Section 1. In addition to any other penalty that the court may

impose for a violation of subsection (a-7) of Section 1 or

subsection (d) of Section 1.5, the court, upon request by the

State's Attorney, may in its discretion require the offender to

remit a fee for his or her attendance at a smoker's education

or youth diversion program.

(g) For purposes of this Section, "smoker's education

program" or "youth diversion program" includes, but is not

limited to, a seminar designed to educate a person on the

physical and psychological effects of smoking tobacco products

and alternative nicotine products and the health consequences

of smoking tobacco products and alternative nicotine products

that can be conducted with a locality's youth diversion

program.

(h) All moneys collected as fines for violations of

subsection (a), (a-5), (a-6), or (a-7) of Section 1 and

subsection (b), (c), or (d) of Section 1.5 shall be distributed

in the following manner:

(1) one-half of each fine shall be distributed to the

unit of local government or other entity that successfully

prosecuted the offender; and

(2) one-half shall be remitted to the State to be used

for enforcing this Act.

Any violation of subsection (a) or (a-5) of Section 1 or

subsection (b) or (c) of Section 1.5 shall be reported to the

Department of Revenue within 7 business days.

(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;

99-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)

Section 680. The Code of Criminal Procedure of 1963 is

amended by changing Sections 115-9.2 and 115-10 as follows:

(725 ILCS 5/115-9.2)

Sec. 115-9.2. Currency used in undercover investigation.

(a) In a prosecution in which United States currency was

used by a law enforcement officer or agency or by a person

acting under the direction of a law enforcement officer or

agency in an undercover investigation of an offense that has

imprisonment as an available sentence for a violation of the

offense, the court shall receive, as competent evidence, a

photograph, photostatic copy, or photocopy of the currency used

in the undercover investigation, if the photograph,

photostatic copy, or photocopy:

(1) the photograph, photostatic copy, or photocopy

will serve the purpose of demonstrating the nature of the

currency;

(2) the individual serial numbers of the currency are

clearly visible or if the amount of currency exceeds $500

the individual serial numbers of a sample of 10% of the

currency are clearly visible, and any identification marks

placed on the currency by law enforcement as part of the

investigation are clearly visible;

(3) the photograph, photostatic copy, or photocopy

complies with federal law, rule, or regulation

requirements on photographs, photostatic copies, or

photocopies of United States currency; and

(4) the photograph, photostatic copy, or photocopy is

otherwise admissible into evidence under all other rules of

law governing the admissibility of photographs,

photostatic copies, or photocopies into evidence.

(b) The fact that it is impractical to introduce into

evidence the actual currency for any reason, including its

size, weight, or unavailability, need not be established for

the court to find a photograph, photostatic copy, or photocopy

of that currency to be competent evidence.

(c) If a photograph, photostatic copy, or photocopy is

found to be competent evidence under this Section, it is

admissible into evidence in place of the currency and to the

same extent as the currency itself.

(Source: P.A. 99-685, eff. 1-1-17; revised 10-27-16.)

(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)

Sec. 115-10. Certain hearsay exceptions.

(a) In a prosecution for a physical or sexual act

perpetrated upon or against a child under the age of 13, a

person with an intellectual disability, a person with a

cognitive impairment, or a person with a developmental

disability, including, but not limited, to, prosecutions for

violations of Sections 11-1.20 through 11-1.60 or 12-13 through

12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

and prosecutions for violations of Sections 10-1 (kidnapping),

10-2 (aggravated kidnapping), 10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint), 10-4 (forcible

detention), 10-5 (child abduction), 10-6 (harboring a

runaway), 10-7 (aiding or abetting child abduction), 11-9

(public indecency), 11-11 (sexual relations within families),

11-21 (harmful material), 12-1 (assault), 12-2 (aggravated

assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3

(aggravated domestic battery), 12-3.05 or 12-4 (aggravated

battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery

with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7

(drug induced infliction of great bodily harm), 12-5 (reckless

conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling

organization membership of persons), 12-7.1 (hate crime),

12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 or

12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home

invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or

12C-5 (endangering the life or health of a child) or 12-32

(ritual mutilation) of the Criminal Code of 1961 or the

Criminal Code of 2012 or any sex offense as defined in

subsection (B) of Section 2 of the Sex Offender Registration

Act, the following evidence shall be admitted as an exception

to the hearsay rule:

(1) testimony by the victim of an out of court

statement made by the victim that he or she complained of

such act to another; and

(2) testimony of an out of court statement made by the

victim describing any complaint of such act or matter or

detail pertaining to any act which is an element of an

offense which is the subject of a prosecution for a sexual

or physical act against that victim.

(b) Such testimony shall only be admitted if:

(1) The court finds in a hearing conducted outside the

presence of the jury that the time, content, and

circumstances of the statement provide sufficient

safeguards of reliability; and

(2) The child or person with an intellectual

disability, a cognitive impairment, or developmental

disability either:

(A) testifies at the proceeding; or

(B) is unavailable as a witness and there is

corroborative evidence of the act which is the subject

of the statement; and

(3) In a case involving an offense perpetrated against

a child under the age of 13, the out of court statement was

made before the victim attained 13 years of age or within 3

months after the commission of the offense, whichever

occurs later, but the statement may be admitted regardless

of the age of the victim at the time of the proceeding.

(c) If a statement is admitted pursuant to this Section,

the court shall instruct the jury that it is for the jury to

determine the weight and credibility to be given the statement

and that, in making the determination, it shall consider the

age and maturity of the child, or the intellectual capabilities

of the person with an intellectual disability, a cognitive

impairment, or developmental disability, the nature of the

statement, the circumstances under which the statement was

made, and any other relevant factor.

(d) The proponent of the statement shall give the adverse

party reasonable notice of his intention to offer the statement

and the particulars of the statement.

(e) Statements described in paragraphs (1) and (2) of

subsection (a) shall not be excluded on the basis that they

were obtained as a result of interviews conducted pursuant to a

protocol adopted by a Child Advocacy Advisory Board as set

forth in subsections (c), (d), and (e) of Section 3 of the

Children's Advocacy Center Act or that an interviewer or

witness to the interview was or is an employee, agent, or

investigator of a State's Attorney's office.

(f) For the purposes of this Section:

"Person with a cognitive impairment" means a person with a

significant impairment of cognition or memory that represents a

marked deterioration from a previous level of function.

Cognitive impairment includes, but is not limited to, dementia,

amnesia, delirium, or a traumatic brain injury.

"Person with a developmental disability" means a person

with a disability that is attributable to (1) an intellectual

disability, cerebral palsy, epilepsy, or autism, or (2) any

other condition that results in an impairment similar to that

caused by an intellectual disability and requires services

similar to those required by a person with an intellectual

disability.

"Person with an intellectual disability" means a person

with significantly subaverage general intellectual functioning

which exists concurrently with an impairment in adaptive

behavior.

(Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17;

revised 10-27-16.)

Section 685. The Sexual Assault Incident Procedure Act is

amended by changing Sections 15 and 20 as follows:

(725 ILCS 203/15)

Sec. 15. Sexual assault incident policies.

(a) On or before January 1, 2018, every law enforcement

agency shall develop, adopt, and implement written policies

regarding procedures for incidents of sexual assault or sexual

abuse consistent with the guidelines developed under

subsection (b) of this Section. In developing these policies,

each law enforcement agency is encouraged to consult with other

law enforcement agencies, sexual assault advocates, and sexual

assault nurse examiners with expertise in recognizing and

handling sexual assault and sexual abuse incidents. These

policies must include mandatory sexual assault and sexual abuse

response training as required in Section 10.21 10.19 of the

Illinois Police Training Act and Sections 2605-53 and 2605-98

of the Department of State Police Law of the Civil

Administrative Code of Illinois.

(b) On or before July 1, 2017, the Office of the Attorney

General, in consultation with the Illinois Law Enforcement

Training Standards Board and the Department of State Police,

shall develop and make available to each law enforcement

agency, comprehensive guidelines for creation of a law

enforcement agency policy on evidence-based, trauma-informed,

victim-centered sexual assault and sexual abuse response and

investigation.

These guidelines shall include, but not be limited to the

following:

(1) dispatcher or call taker response;

(2) responding officer duties;

(3) duties of officers investigating sexual assaults

and sexual abuse;

(4) supervisor duties;

(5) report writing;

(6) reporting methods;

(7) victim interviews;

(8) evidence collection;

(9) sexual assault medical forensic examinations;

(10) suspect interviews;

(11) suspect forensic exams;

(12) witness interviews;

(13) sexual assault response and resource teams, if

applicable;

(14) working with victim advocates;

(15) working with prosecutors;

(16) victims' rights;

(17) victim notification; and

(18) consideration for specific populations or

communities.

(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)

(725 ILCS 203/20)

Sec. 20. Reports by law enforcement officers.

(a) A law enforcement officer shall complete a written

police report upon receiving the following, regardless of where

the incident occurred:

(1) an allegation by a person that the person has been

sexually assaulted or sexually abused regardless of

jurisdiction;

(2) information from hospital or medical personnel

provided under Section 3.2 of the Criminal Identification

Act; or

(3) information from a witness who personally observed

what appeared to be a sexual assault or sexual abuse or

attempted sexual assault or sexual abuse.

(b) The written report shall include the following, if

known:

(1) the victim's name or other identifier;

(2) the victim's contact information;

(3) time, date, and location of offense;

(4) information provided by the victim;

(5) the suspect's description and name, if known;

(6) names of persons with information relevant to the

time before, during, or after the sexual assault or sexual

abuse, and their contact information;

(7) names of medical professionals who provided a

medical forensic examination of the victim and any

information they provided about the sexual assault or

sexual abuse;

(8) whether an Illinois State Police Sexual Assault

Evidence Collection Kit was completed, the name and contact

information for the hospital, and whether the victim

consented to testing of the Evidence Collection Kit by law

enforcement;

(9) whether a urine or blood sample was collected and

whether the victim consented to testing of a toxicology

screen by law enforcement;

(10) information the victim related to medical

professionals during a medical forensic examination which

the victim consented to disclosure to law enforcement; and

(11) other relevant information.

(c) If the sexual assault or sexual abuse occurred in

another jurisdiction, the law enforcement officer taking the

report must submit the report to the law enforcement agency

having jurisdiction in person or via fax or email within 24

hours of receiving information about the sexual assault or

sexual abuse.

(d) Within 24 hours of receiving a report from a law

enforcement agency in another jurisdiction in accordance with

subsection (c), the law enforcement agency having jurisdiction

shall submit a written confirmation to the law enforcement

agency that wrote the report. The written confirmation shall

contain the name and identifier of the person and confirming

receipt of the report and a name and contact phone number that

will be given to the victim. The written confirmation shall be

delivered in person or via fax or email.

(e) No law enforcement officer shall require a victim of

sexual assault or sexual abuse to submit to an interview.

(f) No law enforcement agency may refuse to complete a

written report as required by this Section on any ground.

(g) All law enforcement agencies shall ensure that all

officers responding to or investigating a complaint of sexual

assault or sexual abuse have successfully completed training

under Section 10.21 10.19 of the Illinois Police Training Act

and Section 2605-98 of the Department of State Police Law of

the Civil Administrative Code of Illinois.

(Source: P.A. 99-801, eff. 1-1-17; revised 10-21-16.)

Section 690. The Unified Code of Corrections is amended by

changing Sections 3-3-7, 5-6-3.1, 5-8-1.2, 5-8-8, 5-8A-3,

5-8A-5, and 5-8A-7 as follows:

(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)

Sec. 3-3-7. Conditions of Parole or Mandatory Supervised

Release.

(a) The conditions of parole or mandatory supervised

release shall be such as the Prisoner Review Board deems

necessary to assist the subject in leading a law-abiding life.

The conditions of every parole and mandatory supervised release

are that the subject:

(1) not violate any criminal statute of any

jurisdiction during the parole or release term;

(2) refrain from possessing a firearm or other

dangerous weapon;

(3) report to an agent of the Department of

Corrections;

(4) permit the agent to visit him or her at his or her

home, employment, or elsewhere to the extent necessary for

the agent to discharge his or her duties;

(5) attend or reside in a facility established for the

instruction or residence of persons on parole or mandatory

supervised release;

(6) secure permission before visiting or writing a

committed person in an Illinois Department of Corrections

facility;

(7) report all arrests to an agent of the Department of

Corrections as soon as permitted by the arresting authority

but in no event later than 24 hours after release from

custody and immediately report service or notification of

an order of protection, a civil no contact order, or a

stalking no contact order to an agent of the Department of

Corrections;

(7.5) if convicted of a sex offense as defined in the

Sex Offender Management Board Act, the individual shall

undergo and successfully complete sex offender treatment

conducted in conformance with the standards developed by

the Sex Offender Management Board Act by a treatment

provider approved by the Board;

(7.6) if convicted of a sex offense as defined in the

Sex Offender Management Board Act, refrain from residing at

the same address or in the same condominium unit or

apartment unit or in the same condominium complex or

apartment complex with another person he or she knows or

reasonably should know is a convicted sex offender or has

been placed on supervision for a sex offense; the

provisions of this paragraph do not apply to a person

convicted of a sex offense who is placed in a Department of

Corrections licensed transitional housing facility for sex

offenders, or is in any facility operated or licensed by

the Department of Children and Family Services or by the

Department of Human Services, or is in any licensed medical

facility;

(7.7) if convicted for an offense that would qualify

the accused as a sexual predator under the Sex Offender

Registration Act on or after January 1, 2007 (the effective

date of Public Act 94-988), wear an approved electronic

monitoring device as defined in Section 5-8A-2 for the

duration of the person's parole, mandatory supervised

release term, or extended mandatory supervised release

term and if convicted for an offense of criminal sexual

assault, aggravated criminal sexual assault, predatory

criminal sexual assault of a child, criminal sexual abuse,

aggravated criminal sexual abuse, or ritualized abuse of a

child committed on or after August 11, 2009 (the effective

date of Public Act 96-236) when the victim was under 18

years of age at the time of the commission of the offense

and the defendant used force or the threat of force in the

commission of the offense wear an approved electronic

monitoring device as defined in Section 5-8A-2 that has

Global Positioning System (GPS) capability for the

duration of the person's parole, mandatory supervised

release term, or extended mandatory supervised release

term;

(7.8) if convicted for an offense committed on or after

June 1, 2008 (the effective date of Public Act 95-464) that

would qualify the accused as a child sex offender as

defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

1961 or the Criminal Code of 2012, refrain from

communicating with or contacting, by means of the Internet,

a person who is not related to the accused and whom the

accused reasonably believes to be under 18 years of age;

for purposes of this paragraph (7.8), "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;

(7.9) if convicted under Section 11-6, 11-20.1,

11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or

the Criminal Code of 2012, consent to search of computers,

PDAs, cellular phones, and other devices under his or her

control that are capable of accessing the Internet or

storing electronic files, in order to confirm Internet

protocol addresses reported in accordance with the Sex

Offender Registration Act and compliance with conditions

in this Act;

(7.10) if convicted for an offense that would qualify

the accused as a sex offender or sexual predator under the

Sex Offender Registration Act on or after June 1, 2008 (the

effective date of Public Act 95-640), not possess

prescription drugs for erectile dysfunction;

(7.11) if convicted for an offense under Section 11-6,

11-9.1, 11-14.4 that involves soliciting for a juvenile

prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

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

or any attempt to commit any of these offenses, committed

on or after June 1, 2009 (the effective date of Public Act

95-983):

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the Department;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's supervising

agent, 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 Board, the Department or the offender's

supervising agent;

(7.12) if convicted of a sex offense as defined in the

Sex Offender Registration Act committed on or after January

1, 2010 (the effective date of Public Act 96-262), refrain

from accessing or using a social networking website as

defined in Section 17-0.5 of the Criminal Code of 2012;

(7.13) if convicted of a sex offense as defined in

Section 2 of the Sex Offender Registration Act committed on

or after January 1, 2010 (the effective date of Public Act

96-362) that requires the person to register as a sex

offender under that Act, may not knowingly use any computer

scrub software on any computer that the sex offender uses;

(8) obtain permission of an agent of the Department of

Corrections before leaving the State of Illinois;

(9) obtain permission of an agent of the Department of

Corrections before changing his or her residence or

employment;

(10) consent to a search of his or her person,

property, or residence under his or her control;

(11) refrain from the use or possession of narcotics or

other controlled substances in any form, or both, or any

paraphernalia related to those substances and submit to a

urinalysis test as instructed by a parole agent of the

Department of Corrections;

(12) not frequent places where controlled substances

are illegally sold, used, distributed, or administered;

(13) not knowingly associate with other persons on

parole or mandatory supervised release without prior

written permission of his or her parole agent, except when

the association involves activities related to community

programs, worship services, volunteering, and engaging

families, and not associate with persons who are members of

an organized gang as that term is defined in the Illinois

Streetgang Terrorism Omnibus Prevention Act;

(14) provide true and accurate information, as it

relates to his or her adjustment in the community while on

parole or mandatory supervised release or to his or her

conduct while incarcerated, in response to inquiries by his

or her parole agent or of the Department of Corrections;

(15) follow any specific instructions provided by the

parole agent that are consistent with furthering

conditions set and approved by the Prisoner Review Board or

by law, exclusive of placement on electronic detention, to

achieve the goals and objectives of his or her parole or

mandatory supervised release or to protect the public.

These instructions by the parole agent may be modified at

any time, as the agent deems appropriate;

(16) if convicted of a sex offense as defined in

subsection (a-5) of Section 3-1-2 of this Code, unless the

offender is a parent or guardian of the person under 18

years of age present in the home and no non-familial minors

are present, not participate in a holiday event involving

children under 18 years of age, such as distributing candy

or other items to children on Halloween, wearing a Santa

Claus costume on or preceding Christmas, being employed as

a department store Santa Claus, or wearing an Easter Bunny

costume on or preceding Easter;

(17) if convicted of a violation of an order of

protection under Section 12-3.4 or Section 12-30 of the

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

placed under electronic surveillance as provided in

Section 5-8A-7 of this Code;

(18) comply with the terms and conditions of an order

of protection issued pursuant to the Illinois Domestic

Violence Act of 1986; an order of protection issued by the

court of another state, tribe, or United States territory;

a no contact order issued pursuant to the Civil No Contact

Order Act; or a no contact order issued pursuant to the

Stalking No Contact Order Act; and

(19) if convicted of a violation of the Methamphetamine

Control and Community Protection Act, the Methamphetamine

Precursor Control Act, or a methamphetamine related

offense, be:

(A) prohibited from purchasing, possessing, or

having under his or her control any product containing

pseudoephedrine unless prescribed by a physician; and

(B) prohibited from purchasing, possessing, or

having under his or her control any product containing

ammonium nitrate.

(b) The Board may in addition to other conditions require

that the subject:

(1) work or pursue a course of study or vocational

training;

(2) undergo medical or psychiatric treatment, or

treatment for drug addiction or alcoholism;

(3) attend or reside in a facility established for the

instruction or residence of persons on probation or parole;

(4) support his or her dependents;

(5) (blank);

(6) (blank);

(7) (blank);

(7.5) if convicted for an offense committed on or after

the effective date of this amendatory Act of the 95th

General Assembly that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the

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

from communicating with or contacting, by means of the

Internet, a person who is related to the accused and whom

the accused reasonably believes to be under 18 years of

age; for purposes of this paragraph (7.5), "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;

(7.6) if convicted for an offense committed on or after

June 1, 2009 (the effective date of Public Act 95-983) that

would qualify as a sex offense as defined in the Sex

Offender Registration Act:

(i) not access or use a computer or any other

device with Internet capability without the prior

written approval of the Department;

(ii) submit to periodic unannounced examinations

of the offender's computer or any other device with

Internet capability by the offender's supervising

agent, 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 Board, the Department or the offender's

supervising agent; and

(8) in addition, if a minor:

(i) reside with his or her parents or in a foster

home;

(ii) attend school;

(iii) attend a non-residential program for youth;

or

(iv) contribute to his or her own support at home

or in a foster home.

(b-1) In addition to the conditions set forth in

subsections (a) and (b), persons required to register as sex

offenders pursuant to the Sex Offender Registration Act, upon

release from the custody of the Illinois Department of

Corrections, may be required by the Board to comply with the

following specific conditions of release:

(1) reside only at a Department approved location;

(2) comply with all requirements of the Sex Offender

Registration Act;

(3) notify third parties of the risks that may be

occasioned by his or her criminal record;

(4) obtain the approval of an agent of the Department

of Corrections prior to accepting employment or pursuing a

course of study or vocational training and notify the

Department prior to any change in employment, study, or

training;

(5) not be employed or participate in any volunteer

activity that involves contact with children, except under

circumstances approved in advance and in writing by an

agent of the Department of Corrections;

(6) be electronically monitored for a minimum of 12

months from the date of release as determined by the Board;

(7) refrain from entering into a designated geographic

area except upon terms approved in advance by an agent of

the Department of Corrections. The terms may include

consideration of the purpose of the entry, the time of day,

and others accompanying the person;

(8) refrain from having any contact, including written

or oral communications, directly or indirectly, personally

or by telephone, letter, or through a third party with

certain specified persons including, but not limited to,

the victim or the victim's family without the prior written

approval of an agent of the Department of Corrections;

(9) refrain from all contact, directly or indirectly,

personally, by telephone, letter, or through a third party,

with minor children without prior identification and

approval of an agent of the Department of Corrections;

(10) neither possess or have under his or her control

any material that is sexually oriented, sexually

stimulating, or that shows male or female sex organs or any

pictures depicting children under 18 years of age nude or

any written or audio material describing sexual

intercourse or that depicts or alludes to sexual activity,

including but not limited to visual, auditory, telephonic,

or electronic media, or any matter obtained through access

to any computer or material linked to computer access use;

(11) not patronize any business providing sexually

stimulating or sexually oriented entertainment nor utilize

"900" or adult telephone numbers;

(12) not reside near, visit, or be in or about parks,

schools, day care centers, swimming pools, beaches,

theaters, or any other places where minor children

congregate without advance approval of an agent of the

Department of Corrections and immediately report any

incidental contact with minor children to the Department;

(13) not possess or have under his or her control

certain specified items of contraband related to the

incidence of sexually offending as determined by an agent

of the Department of Corrections;

(14) may be required to provide a written daily log of

activities if directed by an agent of the Department of

Corrections;

(15) comply with all other special conditions that the

Department may impose that restrict the person from

high-risk situations and limit access to potential

victims;

(16) take an annual polygraph exam;

(17) maintain a log of his or her travel; or

(18) obtain prior approval of his or her parole officer

before driving alone in a motor vehicle.

(c) The conditions under which the parole or mandatory

supervised release is to be served shall be communicated to the

person in writing prior to his or her release, and he or she

shall sign the same before release. A signed copy of these

conditions, including a copy of an order of protection where

one had been issued by the criminal court, shall be retained by

the person and another copy forwarded to the officer in charge

of his or her supervision.

(d) After a hearing under Section 3-3-9, the Prisoner

Review Board may modify or enlarge the conditions of parole or

mandatory supervised release.

(e) The Department shall inform all offenders committed to

the Department of the optional services available to them upon

release and shall assist inmates in availing themselves of such

optional services upon their release on a voluntary basis.

(f) (Blank).

(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-698,

eff. 7-29-16; revised 9-1-16.)

(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, except as provided in an

administrative order of the Chief Judge 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.

The Chief Judge of the circuit court of the county may by

administrative order establish a program for electronic

monitoring of offenders, in which a vendor supplies and

monitors the operation of the electronic monitoring device, and

collects the fees on behalf of the county. The program shall

include provisions for indigent offenders and the collection of

unpaid fees. The program shall not unduly burden the offender

and shall be subject to review by the Chief Judge.

The Chief Judge of the circuit court may suspend any

additional charges or fees for late payment, interest, or

damage to any device.

(h) A disposition of supervision is a final order for the

purposes of appeal.

(i) The court shall impose upon a defendant placed on

supervision after January 1, 1992 or to community service under

the supervision of a probation or court services department

after January 1, 2004, as a condition of supervision or

supervised community service, a fee of $50 for each month of

supervision or supervised community service ordered by the

court, unless after determining the inability of the person

placed on supervision or supervised community service to pay

the fee, the court assesses a lesser fee. The court may not

impose the fee on a minor who is made a ward of the State under

the Juvenile Court Act of 1987 while the minor is in placement.

The fee shall be imposed only upon a defendant who is actively

supervised by the probation and court services department. The

fee shall be collected by the clerk of the circuit court. The

clerk of the circuit court shall pay all monies collected from

this fee to the county treasurer for deposit in the probation

and court services fund pursuant to Section 15.1 of the

Probation and Probation Officers Act.

A circuit court may not impose a probation fee in excess of

$25 per month unless the circuit court has adopted, by

administrative order issued by the chief judge, a standard

probation fee guide determining an offender's ability to pay.

Of the amount collected as a probation fee, not to exceed $5 of

that fee collected per month may be used to provide services to

crime victims and their families.

The Court may only waive probation fees based on an

offender's ability to pay. The probation department may

re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the

Chief Probation Officer, adjust the monthly fee amount. An

offender may elect to pay probation fees due in a lump sum. Any

offender that has been assigned to the supervision of a

probation department, or has been transferred either under

subsection (h) of this Section or under any interstate compact,

shall be required to pay probation fees to the department

supervising the offender, based on the offender's ability to

pay.

(j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

Code, or a similar provision of a local ordinance, and any

violation of the Child Passenger Protection Act, or a similar

provision of a local ordinance, shall be collected and

disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.

(k) A defendant at least 17 years of age who is placed on

supervision for a misdemeanor in a county of 3,000,000 or more

inhabitants and who has not been previously convicted of a

misdemeanor or felony may as a condition of his or her

supervision be required by the court to attend educational

courses designed to prepare the defendant for a high school

diploma and to work toward a high school diploma or to work

toward passing high school equivalency testing or to work

toward completing a vocational training program approved by the

court. The defendant placed on supervision must attend a public

institution of education to obtain the educational or

vocational training required by this subsection (k). The

defendant placed on supervision shall be required to pay for

the cost of the educational courses or high school equivalency

testing if a fee is charged for those courses or testing. The

court shall revoke the supervision of a person who wilfully

fails to comply with this subsection (k). The court shall

resentence the defendant upon revocation of supervision as

provided in Section 5-6-4. This subsection (k) does not apply

to a defendant who has a high school diploma or has

successfully passed high school equivalency testing. This

subsection (k) does not apply to a defendant who is determined

by the court to be a person with a developmental disability 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 June 1, 2009 (the effective date of Public Act

95-983) 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. 98-718, eff. 1-1-15; 98-940, eff. 1-1-15; 99-78,

eff. 7-20-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;

99-797, eff. 8-12-16; revised 9-1-16.)

(730 ILCS 5/5-8-1.2)

Sec. 5-8-1.2. County impact incarceration.

(a) Legislative intent. It is the finding of the General

Assembly that certain non-violent offenders eligible for

sentences of incarceration may benefit from the rehabilitative

aspects of a county impact incarceration program. It is the

intent of the General Assembly that such programs be

implemented as provided by this Section. This Section shall not

be construed to allow violent offenders to participate in a

county impact incarceration program.

(b) Under the direction of the Sheriff and with the

approval of the County Board of Commissioners, the Sheriff, in

any county with more than 3,000,000 inhabitants, may establish

and operate a county impact incarceration program for eligible

offenders. If the court finds under Section 5-4-1 that an

offender convicted of a felony meets the eligibility

requirements of the Sheriff's county impact incarceration

program, the court may sentence the offender to the county

impact incarceration program. The Sheriff shall be responsible

for monitoring all offenders who are sentenced to the county

impact incarceration program, including the mandatory period

of monitored release following the 120 to 180 days of impact

incarceration. Offenders assigned to the county impact

incarceration program under an intergovernmental agreement

between the county and the Illinois Department of Corrections

are exempt from the provisions of this mandatory period of

monitored release. In the event the offender is not accepted

for placement in the county impact incarceration program, the

court shall proceed to sentence the offender to any other

disposition authorized by this Code. If the offender does not

successfully complete the program, the offender's failure to do

so shall constitute a violation of the sentence to the county

impact incarceration program.

(c) In order to be eligible to be sentenced to a county

impact incarceration program by the court, the person shall

meet all of the following requirements:

(1) The the person must be not less than 17 years of

age nor more than 35 years of age. ;

(2) The person has not previously participated in the

impact incarceration program and has not previously served

more than one prior sentence of imprisonment for a felony

in an adult correctional facility. ;

(3) The person has not been convicted of a Class X

felony, first or second degree murder, armed violence,

aggravated kidnapping, criminal sexual assault, aggravated

criminal sexual abuse or a subsequent conviction for

criminal sexual abuse, forcible detention, or arson and has

not been convicted previously of any of those offenses.

(4) The person has been found in violation of probation

for an offense that is a Class 2, 3, or 4 felony that is not

a forcible felony as defined in Section 2-8 of the Criminal

Code of 2012 or a violent crime as defined in subsection

(c) of Section 3 of the Rights of Crime Victims and

Witnesses Act who otherwise could be sentenced to a term of

incarceration; or the person is convicted of an offense

that is a Class 2, 3, or 4 felony that is not a forcible

felony as defined in Section 2-8 of the Criminal Code of

2012 or a violent crime as defined in subsection (c) of

Section 3 of the Rights of Crime Victims and Witnesses Act

who has previously served a sentence of probation for any

felony offense and who otherwise could be sentenced to a

term of incarceration.

(5) The person must be physically able to participate

in strenuous physical activities or labor.

(6) The person must not have any mental disorder or

disability that would prevent participation in a county

impact incarceration program.

(7) The person was recommended and approved for

placement in the county impact incarceration program by the

Sheriff and consented in writing to participation in the

county impact incarceration program and to the terms and

conditions of the program. The Sheriff may consider, among

other matters, whether the person has any outstanding

detainers or warrants, whether the person has a history of

escaping or absconding, whether participation in the

county impact incarceration program may pose a risk to the

safety or security of any person and whether space is

available.

(c-5) (c) The county impact incarceration program shall

include, among other matters, mandatory physical training and

labor, military formation and drills, regimented activities,

uniformity of dress and appearance, education and counseling,

including drug counseling where appropriate.

(d) Privileges including visitation, commissary, receipt

and retention of property and publications and access to

television, radio, and a library may be suspended or

restricted, notwithstanding provisions to the contrary in this

Code.

(e) The Sheriff shall issue written rules and requirements

for the program. Persons shall be informed of rules of behavior

and conduct. Persons participating in the county impact

incarceration program shall adhere to all rules and all

requirements of the program.

(f) Participation in the county impact incarceration

program shall be for a period of 120 to 180 days followed by a

mandatory term of monitored release for at least 8 months and

no more than 12 months supervised by the Sheriff. The period of

time a person shall serve in the impact incarceration program

shall not be reduced by the accumulation of good time. The

court may also sentence the person to a period of probation to

commence at the successful completion of the county impact

incarceration program.

(g) If the person successfully completes the county impact

incarceration program, the Sheriff shall certify the person's

successful completion of the program to the court and to the

county's State's Attorney. Upon successful completion of the

county impact incarceration program and mandatory term of

monitored release and if there is an additional period of

probation given, the person shall at that time begin his or her

probationary sentence under the supervision of the Adult

Probation Department.

(h) A person may be removed from the county impact

incarceration program for a violation of the terms or

conditions of the program or in the event he or she is for any

reason unable to participate. The failure to complete the

program for any reason, including the 8 to 12 month monitored

release period, shall be deemed a violation of the county

impact incarceration sentence. The Sheriff shall give notice to

the State's Attorney of the person's failure to complete the

program. The Sheriff shall file a petition for violation of the

county impact incarceration sentence with the court and the

State's Attorney may proceed on the petition under Section

5-6-4 of this Code. The Sheriff shall promulgate rules and

regulations governing conduct which could result in removal

from the program or in a determination that the person has not

successfully completed the program.

The mandatory conditions of every county impact

incarceration sentence shall include that the person either

while in the program or during the period of monitored release:

(1) not violate any criminal statute of any

jurisdiction;

(2) report or appear in person before any such person

or agency as directed by the court or the Sheriff;

(3) refrain from possessing a firearm or other

dangerous weapon;

(4) not leave the State without the consent of the

court or, in circumstances in which the reason for the

absence is of such an emergency nature that prior consent

by the court is not possible, without the prior

notification and approval of the Sheriff; and

(5) permit representatives of the Sheriff to visit at

the person's home or elsewhere to the extent necessary for

the Sheriff to monitor compliance with the program. Persons

shall have access to such rules, which shall provide that a

person shall receive notice of any such violation.

(i) The Sheriff may terminate the county impact

incarceration program at any time.

(j) The Sheriff shall report to the county board on or

before September 30th of each year on the county impact

incarceration program, including the composition of the

program by the offenders, by county of commitment, sentence,

age, offense, and race.

(Source: P.A. 97-1150, eff. 1-25-13; revised 10-5-16.)

(730 ILCS 5/5-8-8)

(Section scheduled to be repealed on December 31, 2020)

Sec. 5-8-8. Illinois Sentencing Policy Advisory Council.

(a) Creation. There is created under the jurisdiction of

the Governor the Illinois Sentencing Policy Advisory Council,

hereinafter referred to as the Council.

(b) Purposes and goals. The purpose of the Council is to

review sentencing policies and practices and examine how these

policies and practices impact the criminal justice system as a

whole in the State of Illinois. In carrying out its duties, the

Council shall be mindful of and aim to achieve the purposes of

sentencing in Illinois, which are set out in Section 1-1-2 of

this Code:

(1) prescribe sanctions proportionate to the

seriousness of the offenses and permit the recognition of

differences in rehabilitation possibilities among

individual offenders;

(2) forbid and prevent the commission of offenses;

(3) prevent arbitrary or oppressive treatment of

persons adjudicated offenders or delinquents; and

(4) restore offenders to useful citizenship.

(c) Council composition.

(1) The Council shall consist of the following members:

(A) the President of the Senate, or his or her

designee;

(B) the Minority Leader of the Senate, or his or

her designee;

(C) the Speaker of the House, or his or her

designee;

(D) the Minority Leader of the House, or his or her

designee;

(E) the Governor, or his or her designee;

(F) the Attorney General, or his or her designee;

(G) two retired judges, who may have been circuit,

appellate, or supreme court judges; retired judges

shall be selected by the members of the Council

designated in clauses (c)(1)(A) through (L);

(G-5) (blank);

(H) the Cook County State's Attorney, or his or her

designee;

(I) the Cook County Public Defender, or his or her

designee;

(J) a State's Attorney not from Cook County,

appointed by the State's Attorney's Appellate

Prosecutor;

(K) the State Appellate Defender, or his or her

designee;

(L) the Director of the Administrative Office of

the Illinois Courts, or his or her designee;

(M) a victim of a violent felony or a

representative of a crime victims' organization,

selected by the members of the Council designated in

clauses (c)(1)(A) through (L);

(N) a representative of a community-based

organization, selected by the members of the Council

designated in clauses (c)(1)(A) through (L);

(O) a criminal justice academic researcher, to be

selected by the members of the Council designated in

clauses (c)(1)(A) through (L);

(P) a representative of law enforcement from a unit

of local government to be selected by the members of

the Council designated in clauses (c)(1)(A) through

(L);

(Q) a sheriff selected by the members of the

Council designated in clauses (c)(1)(A) through (L);

and

(R) ex-officio members shall include:

(i) the Director of Corrections, or his or her

designee;

(ii) the Chair of the Prisoner Review Board, or

his or her designee;

(iii) the Director of the Illinois State

Police, or his or her designee; and

(iv) the Director of the Illinois Criminal

Justice Information Authority, or his or her

designee.

(1.5) The Chair and Vice Chair shall be elected from

among its members by a majority of the members of the

Council.

(2) Members of the Council who serve because of their

public office or position, or those who are designated as

members by such officials, shall serve only as long as they

hold such office or position.

(3) Council members shall serve without compensation

but shall be reimbursed for travel and per diem expenses

incurred in their work for the Council.

(4) The Council may exercise any power, perform any

function, take any action, or do anything in furtherance of

its purposes and goals upon the appointment of a quorum of

its members. The term of office of each member of the

Council ends on the date of repeal of this amendatory Act

of the 96th General Assembly.

(d) Duties. The Council shall perform, as resources permit,

duties including:

(1) Collect and analyze information including

sentencing data, crime trends, and existing correctional

resources to support legislative and executive action

affecting the use of correctional resources on the State

and local levels.

(2) Prepare criminal justice population projections

annually, including correctional and community-based

supervision populations.

(3) Analyze data relevant to proposed sentencing

legislation and its effect on current policies or

practices, and provide information to support

evidence-based sentencing.

(4) Ensure that adequate resources and facilities are

available for carrying out sentences imposed on offenders

and that rational priorities are established for the use of

those resources. To do so, the Council shall prepare

criminal justice resource statements, identifying the

fiscal and practical effects of proposed criminal

sentencing legislation, including, but not limited to, the

correctional population, court processes, and county or

local government resources.

(5) Perform such other studies or tasks pertaining to

sentencing policies as may be requested by the Governor or

the Illinois General Assembly.

(6) Perform such other functions as may be required by

law or as are necessary to carry out the purposes and goals

of the Council prescribed in subsection (b).

(7) Publish a report on the trends in sentencing for

offenders described in subsection (b-1) of Section 5-4-1 of

this Code, the impact of the trends on the prison and

probation populations, and any changes in the racial

composition of the prison and probation populations that

can be attributed to the changes made by adding subsection

(b-1) of Section 5-4-1 to this Code by Public Act 99-861

this amendatory Act of the 99th General Assembly.

(e) Authority.

(1) The Council shall have the power to perform the

functions necessary to carry out its duties, purposes and

goals under this Act. In so doing, the Council shall

utilize information and analysis developed by the Illinois

Criminal Justice Information Authority, the Administrative

Office of the Illinois Courts, and the Illinois Department

of Corrections.

(2) Upon request from the Council, each executive

agency and department of State and local government shall

provide information and records to the Council in the

execution of its duties.

(f) Report. The Council shall report in writing annually to

the General Assembly, the Illinois Supreme Court, and the

Governor.

(g) This Section is repealed on December 31, 2020.

(Source: P.A. 98-65, eff. 7-15-13; 99-101, eff. 7-22-15;

99-533, eff. 7-8-16; 99-861, eff. 1-1-17; revised 9-6-16.)

(730 ILCS 5/5-8A-3) (from Ch. 38, par. 1005-8A-3)

Sec. 5-8A-3. Application.

(a) Except as provided in subsection (d), a person charged

with or convicted of an excluded offense may not be placed in

an electronic monitoring or home detention program, except for

bond pending trial or appeal or while on parole, aftercare

release, or mandatory supervised release.

(b) A person serving a sentence for a conviction of a Class

1 felony, other than an excluded offense, may be placed in an

electronic monitoring or home detention program for a period

not to exceed the last 90 days of incarceration.

(c) A person serving a sentence for a conviction of a Class

X felony, other than an excluded offense, may be placed in an

electronic monitoring or home detention program for a period

not to exceed the last 90 days of incarceration, provided that

the person was sentenced on or after August 11, 1993 (the

effective date of Public Act 88-311) this amendatory Act of

1993 and provided that the court has not prohibited the program

for the person in the sentencing order.

(d) A person serving a sentence for conviction of an

offense other than for predatory criminal sexual assault of a

child, aggravated criminal sexual assault, criminal sexual

assault, aggravated criminal sexual abuse, or felony criminal

sexual abuse, may be placed in an electronic monitoring or home

detention program for a period not to exceed the last 12 months

of incarceration, provided that (i) the person is 55 years of

age or older; (ii) the person is serving a determinate

sentence; (iii) the person has served at least 25% of the

sentenced prison term; and (iv) placement in an electronic home

monitoring or detention program is approved by the Prisoner

Review Board or the Department of Juvenile Justice.

(e) A person serving a sentence for conviction of a Class

2, 3, or 4 felony offense which is not an excluded offense may

be placed in an electronic monitoring or home detention program

pursuant to Department administrative directives.

(f) Applications for electronic monitoring or home

detention may include the following:

(1) pretrial or pre-adjudicatory detention;

(2) probation;

(3) conditional discharge;

(4) periodic imprisonment;

(5) parole, aftercare release, or mandatory supervised

release;

(6) work release;

(7) furlough; or

(8) post-trial incarceration.

(g) A person convicted of an offense described in clause

(4) or (5) of subsection (d) of Section 5-8-1 of this Code

shall be placed in an electronic monitoring or home detention

program for at least the first 2 years of the person's

mandatory supervised release term.

(Source: P.A. 98-558, eff. 1-1-14; 98-756, eff. 7-16-14;

99-628, eff. 1-1-17; 99-797, eff. 8-12-16; revised 9-1-16.)

(730 ILCS 5/5-8A-5) (from Ch. 38, par. 1005-8A-5)

Sec. 5-8A-5. Consent of the participant. Before entering an

order for commitment for electronic monitoring, the

supervising authority shall inform the participant and other

persons residing in the home of the nature and extent of the

approved electronic monitoring devices by doing the following:

(A) Securing the written consent of the participant in

the program to comply with the rules and regulations of the

program as stipulated in subsections (A) through (I) of

Section 5-8A-4.

(B) Where possible, securing the written consent of

other persons residing in the home of the participant,

including the person in whose name the telephone is

registered, at the time of the order or commitment for

electronic home detention is entered and acknowledge the

nature and extent of approved electronic monitoring

devices.

(C) Insure that the approved electronic devices be

minimally intrusive upon the privacy of the participant and

other persons residing in the home while remaining in

compliance with subsections (B) through (D) of Section

5-8A-4.

(D) This Section does not apply to persons subject to

Electronic Monitoring or home detention as a term or condition

of parole, aftercare release, or mandatory supervised release

under subsection (d) of Section 5-8-1 of this Code.

(Source: P.A. 98-558, eff. 1-1-14; 99-797, eff. 8-12-16;

revised 10-27-16.)

(730 ILCS 5/5-8A-7)

Sec. 5-8A-7. Domestic violence surveillance program. If

the Prisoner Review Board, Department of Corrections,

Department of Juvenile Justice, or court (the supervising

authority) orders electronic surveillance as a condition of

parole, aftercare release, mandatory supervised release, early

release, probation, or conditional discharge for a violation of

an order of protection or as a condition of bail for a person

charged with a violation of an order of protection, the

supervising authority shall use the best available global

positioning technology to track domestic violence offenders.

Best available technology must have real-time and interactive

capabilities that facilitate the following objectives: (1)

immediate notification to the supervising authority of a breach

of a court ordered exclusion zone; (2) notification of the

breach to the offender; and (3) communication between the

supervising authority, law enforcement, and the victim,

regarding the breach. The supervising authority may also

require that the electronic surveillance ordered under this

Section monitor the consumption of alcohol or drugs.

(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17; 99-797,

eff. 8-12-16; revised 9-2-16.)

Section 695. The Code of Civil Procedure is amended by

changing Section 13-214 as follows:

(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)

Sec. 13-214. Construction; design Construction - design

management and supervision. As used in this Section, "person"

means any individual, any business or legal entity, or any body

politic.

(a) Actions based upon tort, contract or otherwise against

any person for an act or omission of such person in the design,

planning, supervision, observation or management of

construction, or construction of an improvement to real

property shall be commenced within 4 years from the time the

person bringing an action, or his or her privity, knew or

should reasonably have known of such act or omission.

Notwithstanding any other provision of law, contract actions

against a surety on a payment or performance bond shall be

commenced, if at all, within the same time limitation

applicable to the bond principal.

(b) No action based upon tort, contract or otherwise may be

brought against any person for an act or omission of such

person in the design, planning, supervision, observation or

management of construction, or construction of an improvement

to real property after 10 years have elapsed from the time of

such act or omission. However, any person who discovers such

act or omission prior to expiration of 10 years from the time

of such act or omission shall in no event have less than 4

years to bring an action as provided in subsection (a) of this

Section. Notwithstanding any other provision of law, contract

actions against a surety on a payment or performance bond shall

be commenced, if at all, within the same time limitation

applicable to the bond principal.

(c) If a person otherwise entitled to bring an action could

not have brought such action within the limitation periods

herein solely because such person was under the age of 18

years, or a person with a developmental disability or a person

with mental illness, then the limitation periods herein shall

not begin to run until the person attains the age of 18 years,

or the disability is removed.

(d) Subsection (b) shall not prohibit any action against a

defendant who has expressly warranted or promised the

improvement to real property for a longer period from being

brought within that period.

(e) The limitations of this Section shall not apply to

causes of action arising out of fraudulent misrepresentations

or to fraudulent concealment of causes of action.

(f) Subsection (b) does not apply to an action that is

based on personal injury, disability, disease, or death

resulting from the discharge into the environment of asbestos.

(Source: P.A. 98-1131, eff. 6-1-15; revised 9-1-16.)

Section 700. The Real Estate Investment Trust Act is

amended by changing Section 2 as follows:

(745 ILCS 60/2) (from Ch. 30, par. 252)

Sec. 2. The shareholders or beneficiaries of a real estate

investment trust shall not, as such, be personally liable for

any of its obligations arising after the effective date of this

Act, nor shall persons who become shareholders or beneficiaries

after the effective date of this Act be personally liable, as

such, for obligations of the real estate trust. If an

application for registration of the securities issued or

issuable by such unincorporated trust or association has been

registered by the Secretary of State pursuant to Section 5 of

the "The Illinois Securities Law of 1953", as heretofore and

hereafter amended, such registration shall be conclusive

evidence that an unincorporated trust or association is a real

estate investment trust as to all persons who become

shareholders or beneficiaries after the registration date and

prior to its suspension or revocation, if any, and as to all

obligations of the unincorporated trust or association arising

after the effective date of this Act whether they arose before

or after the effective date of registration under Section 5 of

the "The Illinois Securities Law of 1953", and prior to

suspension or revocation of the registration.

(Source: Laws 1963, p. 994; revised 10-25-16.)

Section 705. The Illinois Marriage and Dissolution of

Marriage Act is amended by changing Section 510 as follows:

(750 ILCS 5/510) (from Ch. 40, par. 510)

(Text of Section before amendment by P.A. 99-764)

Sec. 510. Modification and termination of provisions for

maintenance, support, educational expenses, and property

disposition.

(a) Except as otherwise provided in paragraph (f) of

Section 502 and in subsection (b), clause (3) of Section 505.2,

the provisions of any judgment respecting maintenance or

support may be modified only as to installments accruing

subsequent to due notice by the moving party of the filing of

the motion for modification. An order for child support may be

modified as follows:

(1) upon a showing of a substantial change in

circumstances; and

(2) without the necessity of showing a substantial

change in circumstances, as follows:

(A) upon a showing of an inconsistency of at least

20%, but no less than $10 per month, between the amount

of the existing order and the amount of child support

that results from application of the guidelines

specified in Section 505 of this Act unless the

inconsistency is due to the fact that the amount of the

existing order resulted from a deviation from the

guideline amount and there has not been a change in the

circumstances that resulted in that deviation; or

(B) upon a showing of a need to provide for the

health care needs of the child under the order through

health insurance or other means. In no event shall the

eligibility for or receipt of medical assistance be

considered to meet the need to provide for the child's

health care needs.

The provisions of subparagraph (a)(2)(A) shall apply only

in cases in which a party is receiving child support

enforcement services from the Department of Healthcare and

Family Services under Article X of the Illinois Public Aid

Code, and only when at least 36 months have elapsed since the

order for child support was entered or last modified.

(a-5) An order for maintenance may be modified or

terminated only upon a showing of a substantial change in

circumstances. In all such proceedings, as well as in

proceedings in which maintenance is being reviewed, the court

shall consider the applicable factors set forth in subsection

(a) of Section 504 and the following factors:

(1) any change in the employment status of either party

and whether the change has been made in good faith;

(2) the efforts, if any, made by the party receiving

maintenance to become self-supporting, and the

reasonableness of the efforts where they are appropriate;

(3) any impairment of the present and future earning

capacity of either party;

(4) the tax consequences of the maintenance payments

upon the respective economic circumstances of the parties;

(5) the duration of the maintenance payments

previously paid (and remaining to be paid) relative to the

length of the marriage;

(6) the property, including retirement benefits,

awarded to each party under the judgment of dissolution of

marriage, judgment of legal separation, or judgment of

declaration of invalidity of marriage and the present

status of the property;

(7) the increase or decrease in each party's income

since the prior judgment or order from which a review,

modification, or termination is being sought;

(8) the property acquired and currently owned by each

party after the entry of the judgment of dissolution of

marriage, judgment of legal separation, or judgment of

declaration of invalidity of marriage; and

(9) any other factor that the court expressly finds to

be just and equitable.

(a-6) In a review under subsection (b-4.5) of Section 504

of this Act, the court may enter a fixed-term maintenance award

that bars future maintenance only if, at the time of the entry

of the award, the marriage had lasted 10 years or less at the

time the original action was commenced.

(b) The provisions as to property disposition may not be

revoked or modified, unless the court finds the existence of

conditions that justify the reopening of a judgment under the

laws of this State.

(c) Unless otherwise agreed by the parties in a written

agreement set forth in the judgment or otherwise approved by

the court, the obligation to pay future maintenance is

terminated upon the death of either party, or the remarriage of

the party receiving maintenance, or if the party receiving

maintenance cohabits with another person on a resident,

continuing conjugal basis. A payor's obligation to pay

maintenance or unallocated maintenance terminates by operation

of law on the date the recipient remarries or the date the

court finds cohabitation began. The payor is entitled to

reimbursement for all maintenance paid from that date forward.

Any termination of an obligation for maintenance as a result of

the death of the payor party, however, shall be inapplicable to

any right of the other party or such other party's designee to

receive a death benefit under such insurance on the payor

party's life. A party receiving maintenance must advise the

payor of his or her intention to marry at least 30 days before

the remarriage, unless the decision is made within this time

period. In that event, he or she must notify the other party

within 72 hours of getting married.

(c-5) In an adjudicated case, the court shall make specific

factual findings as to the reason for the modification as well

as the amount, nature, and duration of the modified maintenance

award.

(d) Unless otherwise provided in this Act, or as agreed in

writing or expressly provided in the judgment, provisions for

the support of a child are terminated by emancipation of the

child, or if the child has attained the age of 18 and is still

attending high school, provisions for the support of the child

are terminated upon the date that the child graduates from high

school or the date the child attains the age of 19, whichever

is earlier, but not by the death of a parent obligated to

support or educate the child. An existing obligation to pay for

support or educational expenses, or both, is not terminated by

the death of a parent. When a parent obligated to pay support

or educational expenses, or both, dies, the amount of support

or educational expenses, or both, may be enforced, modified,

revoked or commuted to a lump sum payment, as equity may

require, and that determination may be provided for at the time

of the dissolution of the marriage or thereafter.

(e) The right to petition for support or educational

expenses, or both, under Sections 505 and 513 is not

extinguished by the death of a parent. Upon a petition filed

before or after a parent's death, the court may award sums of

money out of the decedent's estate for the child's support or

educational expenses, or both, as equity may require. The time

within which a claim may be filed against the estate of a

decedent under Sections 505 and 513 and subsection (d) and this

subsection shall be governed by the provisions of the Probate

Act of 1975, as a barrable, noncontingent claim.

(f) A petition to modify or terminate child support or

allocation of parental responsibilities shall not delay any

child support enforcement litigation or supplementary

proceeding on behalf of the obligee, including, but not limited

to, a petition for a rule to show cause, for non-wage

garnishment, or for a restraining order.

(Source: P.A. 99-90, eff. 1-1-16.)

(Text of Section after amendment by P.A. 99-764)

Sec. 510. Modification and termination of provisions for

maintenance, support, educational expenses, and property

disposition.

(a) Except as otherwise provided in paragraph (f) of

Section 502 and in subsection (b), clause (3) of Section 505.2,

the provisions of any judgment respecting maintenance or

support may be modified only as to installments accruing

subsequent to due notice by the moving party of the filing of

the motion for modification. An order for child support may be

modified as follows:

(1) upon a showing of a substantial change in

circumstances; and

(2) without the necessity of showing a substantial

change in circumstances, as follows:

(A) upon a showing of an inconsistency of at least

20%, but no less than $10 per month, between the amount

of the existing order and the amount of child support

that results from application of the guidelines

specified in Section 505 of this Act unless the

inconsistency is due to the fact that the amount of the

existing order resulted from a deviation from the

guideline amount and there has not been a change in the

circumstances that resulted in that deviation; or

(B) upon a showing of a need to provide for the

health care needs of the child under the order through

health insurance or other means. In no event shall the

eligibility for or receipt of medical assistance be

considered to meet the need to provide for the child's

health care needs.

The provisions of subparagraph (a)(2)(A) shall apply only

in cases in which a party is receiving child support

enforcement services from the Department of Healthcare and

Family Services under Article X of the Illinois Public Aid

Code, and only when at least 36 months have elapsed since the

order for child support was entered or last modified.

The court may grant a petition for modification that seeks

to apply the changes made to subsection (a) of Section 505 by

Public Act 99-764 this amendatory Act of the 99th General

Assembly to an order entered before the effective date of

Public Act 99-764 this amendatory Act of the 99th General

Assembly only upon a finding of a substantial change in

circumstances that warrants application of the changes. The

enactment of Public Act 99-764 this amendatory Act of the 99th

General Assembly itself does not constitute a substantial

change in circumstances warranting a modification.

(a-5) An order for maintenance may be modified or

terminated only upon a showing of a substantial change in

circumstances. In all such proceedings, as well as in

proceedings in which maintenance is being reviewed, the court

shall consider the applicable factors set forth in subsection

(a) of Section 504 and the following factors:

(1) any change in the employment status of either party

and whether the change has been made in good faith;

(2) the efforts, if any, made by the party receiving

maintenance to become self-supporting, and the

reasonableness of the efforts where they are appropriate;

(3) any impairment of the present and future earning

capacity of either party;

(4) the tax consequences of the maintenance payments

upon the respective economic circumstances of the parties;

(5) the duration of the maintenance payments

previously paid (and remaining to be paid) relative to the

length of the marriage;

(6) the property, including retirement benefits,

awarded to each party under the judgment of dissolution of

marriage, judgment of legal separation, or judgment of

declaration of invalidity of marriage and the present

status of the property;

(7) the increase or decrease in each party's income

since the prior judgment or order from which a review,

modification, or termination is being sought;

(8) the property acquired and currently owned by each

party after the entry of the judgment of dissolution of

marriage, judgment of legal separation, or judgment of

declaration of invalidity of marriage; and

(9) any other factor that the court expressly finds to

be just and equitable.

(a-6) In a review under subsection (b-4.5) of Section 504

of this Act, the court may enter a fixed-term maintenance award

that bars future maintenance only if, at the time of the entry

of the award, the marriage had lasted 10 years or less at the

time the original action was commenced.

(b) The provisions as to property disposition may not be

revoked or modified, unless the court finds the existence of

conditions that justify the reopening of a judgment under the

laws of this State.

(c) Unless otherwise agreed by the parties in a written

agreement set forth in the judgment or otherwise approved by

the court, the obligation to pay future maintenance is

terminated upon the death of either party, or the remarriage of

the party receiving maintenance, or if the party receiving

maintenance cohabits with another person on a resident,

continuing conjugal basis. A payor's obligation to pay

maintenance or unallocated maintenance terminates by operation

of law on the date the recipient remarries or the date the

court finds cohabitation began. The payor is entitled to

reimbursement for all maintenance paid from that date forward.

Any termination of an obligation for maintenance as a result of

the death of the payor party, however, shall be inapplicable to

any right of the other party or such other party's designee to

receive a death benefit under such insurance on the payor

party's life. A party receiving maintenance must advise the

payor of his or her intention to marry at least 30 days before

the remarriage, unless the decision is made within this time

period. In that event, he or she must notify the other party

within 72 hours of getting married.

(c-5) In an adjudicated case, the court shall make specific

factual findings as to the reason for the modification as well

as the amount, nature, and duration of the modified maintenance

award.

(d) Unless otherwise provided in this Act, or as agreed in

writing or expressly provided in the judgment, provisions for

the support of a child are terminated by emancipation of the

child, or if the child has attained the age of 18 and is still

attending high school, provisions for the support of the child

are terminated upon the date that the child graduates from high

school or the date the child attains the age of 19, whichever

is earlier, but not by the death of a parent obligated to

support or educate the child. An existing obligation to pay for

support or educational expenses, or both, is not terminated by

the death of a parent. When a parent obligated to pay support

or educational expenses, or both, dies, the amount of support

or educational expenses, or both, may be enforced, modified,

revoked or commuted to a lump sum payment, as equity may

require, and that determination may be provided for at the time

of the dissolution of the marriage or thereafter.

(e) The right to petition for support or educational

expenses, or both, under Sections 505 and 513 is not

extinguished by the death of a parent. Upon a petition filed

before or after a parent's death, the court may award sums of

money out of the decedent's estate for the child's support or

educational expenses, or both, as equity may require. The time

within which a claim may be filed against the estate of a

decedent under Sections 505 and 513 and subsection (d) and this

subsection shall be governed by the provisions of the Probate

Act of 1975, as a barrable, noncontingent claim.

(f) A petition to modify or terminate child support or

allocation of parental responsibilities shall not delay any

child support enforcement litigation or supplementary

proceeding on behalf of the obligee, including, but not limited

to, a petition for a rule to show cause, for non-wage

garnishment, or for a restraining order.

(Source: P.A. 99-90, eff. 1-1-16; 99-764, eff. 7-1-17; revised

9-8-16.)

Section 710. The Illinois Parentage Act of 2015 is amended

by changing Section 103 as follows:

(750 ILCS 46/103)

Sec. 103. Definitions. In this Act:

(a) "Acknowledged father" means a man who has established a

father-child relationship under Article 3.

(b) "Adjudicated father" means a man who has been

adjudicated by a court of competent jurisdiction, or as

authorized under Article X of the Illinois Public Aid Code, to

be the father of a child.

(c) "Alleged father" means a man who alleges himself to be,

or is alleged to be, the biological father or a possible

biological father of a child, but whose paternity has not been

established. The term does not include:

(1) a presumed parent or acknowledged father; or

(2) a man whose parental rights have been terminated or

declared not to exist.

(d) "Assisted reproduction" means a method of achieving a

pregnancy through though an artificial insemination or an

embryo transfer and includes gamete and embryo donation.

"Assisted reproduction" does not include any pregnancy

achieved through sexual intercourse.

(e) "Child" means an individual of any age whose parentage

may be established under this Act.

(f) "Combined paternity index" means the likelihood of

paternity calculated by computing the ratio between:

(1) the likelihood that the tested man is the father,

based on the genetic markers of the tested man, mother, and

child, conditioned on the hypothesis that the tested man is

the father of the child; and

(2) the likelihood that the tested man is not the

father, based on the genetic markers of the tested man,

mother, and child, conditioned on the hypothesis that the

tested man is not the father of the child and that the

father is of the same ethnic or racial group as the tested

man.

(g) "Commence" means to file the initial pleading seeking

an adjudication of parentage in the circuit court of this

State.

(h) "Determination of parentage" means the establishment

of the parent-child relationship by the signing of a voluntary

acknowledgment under Article 3 of this Act or adjudication by

the court or as authorized under Article X of the Illinois

Public Aid Code.

(i) "Donor" means an individual who participates in an

assisted reproductive technology arrangement by providing

gametes and relinquishes all rights and responsibilities to the

gametes so that another individual or individuals may become

the legal parent or parents of any resulting child. "Donor"

does not include a spouse in any assisted reproductive

technology arrangement in which his or her spouse will parent

any resulting child.

(j) "Ethnic or racial group" means, for purposes of genetic

testing, a recognized group that an individual identifies as

all or part of the individual's ancestry or that is so

identified by other information.

(k) "Gamete" means either a sperm or an egg.

(l) "Genetic testing" means an analysis of genetic markers

to exclude or identify a man as the father or a woman as the

mother of a child as provided in Article 4 of this Act.

(l-5) "Gestational surrogacy" means the process by which a

woman attempts to carry and give birth to a child created

through in vitro fertilization in which the gestational

surrogate has made no genetic contribution to any resulting

child.

(m) "Gestational surrogate" means a woman who is not an

intended parent and agrees to engage in a gestational surrogacy

arrangement pursuant to the terms of a valid gestational

surrogacy arrangement under the Gestational Surrogacy Act.

(m-5) "Intended parent" means a person who enters into an

assisted reproductive technology arrangement, including a

gestational surrogacy arrangement, under which he or she will

be the legal parent of the resulting child.

(n) "Parent" means an individual who has established a

parent-child relationship under Section 201 of this Act.

(o) "Parent-child relationship" means the legal

relationship between a child and a parent of the child.

(p) "Presumed parent" means an individual who, by operation

of law under Section 204 of this Act, is recognized as the

parent of a child until that status is rebutted or confirmed in

a judicial or administrative proceeding.

(q) "Probability of paternity" means the measure, for the

ethnic or racial group to which the alleged father belongs, of

the probability that the man in question is the father of the

child, compared with a random, unrelated man of the same ethnic

or racial group, expressed as a percentage incorporating the

combined paternity index and a prior probability.

(r) "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.

(s) "Signatory" means an individual who authenticates a

record and is bound by its terms.

(t) "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 subject to the

jurisdiction of the United States.

(u) "Substantially similar legal relationship" means a

relationship recognized in this State under Section 60 of the

Illinois Religious Freedom Protection and Civil Union Act.

(v) "Support-enforcement agency" means a public official

or agency authorized to seek:

(1) enforcement of support orders or laws relating to

the duty of support;

(2) establishment or modification of child support;

(3) determination of parentage; or

(4) location of child-support obligors and their

income and assets.

(Source: P.A. 99-85, eff. 1-1-16; 99-763, eff. 1-1-17; 99-769,

eff. 1-1-17; revised 9-12-16.)

Section 715. The Illinois Domestic Violence Act of 1986 is

amended by changing Section 202 as follows:

(750 ILCS 60/202) (from Ch. 40, par. 2312-2)

Sec. 202. Commencement of action; filing fees; dismissal.

(a) How to commence action. Actions for orders of

protection are commenced:

(1) Independently: By filing a petition for an order of

protection in any civil court, unless specific courts are

designated by local rule or order.

(2) In conjunction with another civil proceeding: By

filing a petition for an order of protection under the same

case number as another civil proceeding involving the

parties, including but not limited to: (i) any proceeding

under the Illinois Marriage and Dissolution of Marriage

Act, Illinois Parentage Act of 2015, Nonsupport of Spouse

and Children Act, Revised Uniform Reciprocal Enforcement

of Support Act or an action for nonsupport brought under

Article X 10 of the Illinois Public Aid Code, provided that

a petitioner and the respondent are a party to or the

subject of that proceeding or (ii) a guardianship

proceeding under the Probate Act of 1975, or a proceeding

for involuntary commitment under the Mental Health and

Developmental Disabilities Code, or any proceeding, other

than a delinquency petition, under the Juvenile Court Act

of 1987, provided that a petitioner or the respondent is a

party to or the subject of such proceeding.

(3) In conjunction with a delinquency petition or a

criminal prosecution: By filing a petition for an order of

protection, under the same case number as the delinquency

petition or criminal prosecution, to be granted during

pre-trial release of a defendant, with any dispositional

order issued under Section 5-710 of the Juvenile Court Act

of 1987 or as a condition of release, supervision,

conditional discharge, probation, periodic imprisonment,

parole, aftercare release, or mandatory supervised

release, or in conjunction with imprisonment or a bond

forfeiture warrant; provided that:

(i) the violation is alleged in an information,

complaint, indictment or delinquency petition on file,

and the alleged offender and victim are family or

household members or persons protected by this Act; and

(ii) the petition, which is filed by the State's

Attorney, names a victim of the alleged crime as a

petitioner.

(b) Filing, certification, and service fees. No fee shall

be charged by the clerk for filing, amending, vacating,

certifying, or photocopying petitions or orders; or for issuing

alias summons; or for any related filing service. No fee shall

be charged by the sheriff for service by the sheriff of a

petition, rule, motion, or order in an action commenced under

this Section.

(c) Dismissal and consolidation. Withdrawal or dismissal

of any petition for an order of protection prior to

adjudication where the petitioner is represented by the State

shall operate as a dismissal without prejudice. No action for

an order of protection shall be dismissed because the

respondent is being prosecuted for a crime against the

petitioner. An independent action may be consolidated with

another civil proceeding, as provided by paragraph (2) of

subsection (a) of this Section. For any action commenced under

paragraph (2) or (3) of subsection (a) of this Section,

dismissal of the conjoined case (or a finding of not guilty)

shall not require dismissal of the action for the order of

protection; instead, it may be treated as an independent action

and, if necessary and appropriate, transferred to a different

court or division. Dismissal of any conjoined case shall not

affect the validity of any previously issued order of

protection, and thereafter subsections (b)(1) and (b)(2) of

Section 220 shall be inapplicable to such order.

(d) Pro se petitions. The court shall provide, through the

office of the clerk of the court, simplified forms and clerical

assistance to help with the writing and filing of a petition

under this Section by any person not represented by counsel. In

addition, that assistance may be provided by the state's

attorney.

(e) As provided in this subsection, the administrative

director of the Administrative Office of the Illinois Courts,

with the approval of the administrative board of the courts,

may adopt rules to establish and implement a pilot program to

allow the electronic filing of petitions for temporary orders

of protection and the issuance of such orders by audio-visual

means to accommodate litigants for whom attendance in court to

file for and obtain emergency relief would constitute an undue

hardship or would constitute a risk of harm to the litigant.

(1) As used in this subsection:

(A) "Electronic means" means any method of

transmission of information between computers or other

machines designed for the purpose of sending or

receiving electronic transmission and that allows for

the recipient of information to reproduce the

information received in a tangible medium of

expression.

(B) "Independent audio-visual system" means an

electronic system for the transmission and receiving

of audio and visual signals, including those with the

means to preclude the unauthorized reception and

decoding of the signals by commercially available

television receivers, channel converters, or other

available receiving devices.

(C) "Electronic appearance" means an appearance in

which one or more of the parties are not present in the

court, but in which, by means of an independent

audio-visual system, all of the participants are

simultaneously able to see and hear reproductions of

the voices and images of the judge, counsel, parties,

witnesses, and any other participants.

(2) Any pilot program under this subsection (e) shall

be developed by the administrative director or his or her

delegate in consultation with at least one local

organization providing assistance to domestic violence

victims. The program plan shall include but not be limited

to:

(A) identification of agencies equipped with or

that have access to an independent audio-visual system

and electronic means for filing documents; and

(B) identification of one or more organizations

who are trained and available to assist petitioners in

preparing and filing petitions for temporary orders of

protection and in their electronic appearances before

the court to obtain such orders; and

(C) identification of the existing resources

available in local family courts for the

implementation and oversight of the pilot program; and

(D) procedures for filing petitions and documents

by electronic means, swearing in the petitioners and

witnesses, preparation of a transcript of testimony

and evidence presented, and a prompt transmission of

any orders issued to the parties; and

(E) a timeline for implementation and a plan for

informing the public about the availability of the

program; and

(F) a description of the data to be collected in

order to evaluate and make recommendations for

improvements to the pilot program.

(3) In conjunction with an electronic appearance, any

petitioner for an ex parte temporary order of protection

may, using the assistance of a trained advocate if

necessary, commence the proceedings by filing a petition by

electronic means.

(A) A petitioner who is seeking an ex parte

temporary order of protection using an electronic

appearance must file a petition in advance of the

appearance and may do so electronically.

(B) The petitioner must show that traveling to or

appearing in court would constitute an undue hardship

or create a risk of harm to the petitioner. In granting

or denying any relief sought by the petitioner, the

court shall state the names of all participants and

whether it is granting or denying an appearance by

electronic means and the basis for such a

determination. A party is not required to file a

petition or other document by electronic means or to

testify by means of an electronic appearance.

(C) Nothing in this subsection (e) affects or

changes any existing laws governing the service of

process, including requirements for personal service

or the sealing and confidentiality of court records in

court proceedings or access to court records by the

parties to the proceedings.

(4) Appearances.

(A) All electronic appearances by a petitioner

seeking an ex parte temporary order of protection under

this subsection (e) are strictly voluntary and the

court shall obtain the consent of the petitioner on the

record at the commencement of each appearance.

(B) Electronic appearances under this subsection

(e) shall be recorded and preserved for transcription.

Documentary evidence, if any, referred to by a party or

witness or the court may be transmitted and submitted

and introduced by electronic means.

(Source: P.A. 98-558, eff. 1-1-14; 99-85, eff. 1-1-16; 99-718,

eff. 1-1-17; revised 10-25-16.)

Section 720. The Probate Act of 1975 is amended by changing

Section 11a-10 as follows:

(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 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, 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 OR 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; 99-642, eff. 7-28-16;

revised 10-27-16.)

Section 725. The Uniform Real Property Electronic

Recording Act is amended by changing Section 5 as follows:

(765 ILCS 33/5)

Sec. 5. Administration and standards.

(a) To adopt standards to implement this Act, there is

established, within the Office of the Secretary of State, the

Illinois Electronic Recording Commission consisting of 17

commissioners as follows:

(1) The Secretary of State or the Secretary's designee

shall be a permanent commissioner.

(2) The Secretary of State shall appoint the following

additional 16 commissioners:

(A) Three who are from the land title profession.

(B) Three who are from lending institutions.

(C) One who is an attorney.

(D) Seven who are county recorders, no more than 4

of whom are from one political party, representative of

counties of varying size, geography, population, and

resources.

(E) Two who are licensed real estate brokers or

managing brokers under the Real Estate License Act of

2000.

(3) On August 27, 2007 (the effective date of this

Act), the Secretary of State or the Secretary's designee

shall become the Acting Chairperson of the Commission. The

Secretary shall appoint the initial commissioners within

60 days and hold the first meeting of the Commission within

120 days, notifying commissioners of the time and place of

the first meeting with at least 14 days' notice. At its

first meeting the Commission shall adopt, by a majority

vote, such rules and structure that it deems necessary to

govern its operations, including the title,

responsibilities, and election of officers. Once adopted,

the rules and structure may be altered or amended by the

Commission by majority vote. Upon the election of officers

and adoption of rules or bylaws, the duties of the Acting

Chairperson shall cease.

(4) The Commission shall meet at least once every year

within the State of Illinois. The time and place of

meetings to be determined by the Chairperson and approved

by a majority of the Commission.

(5) Nine commissioners shall constitute a quorum.

(6) Commissioners shall receive no compensation for

their services but may be reimbursed for reasonable

expenses at current rates in effect at the Office of the

Secretary of State, directly related to their duties as

commissioners and participation at Commission meetings or

while on business or at meetings which have been authorized

by the Commission.

(7) Appointed commissioners shall serve terms of 3

years, which shall expire on December 1st. Five of the

initially appointed commissioners, including at least 2

county recorders, shall serve terms of one year, 5 of the

initially appointed commissioners, including at least 2

county recorders, shall serve terms of 2 years, and 4 of

the initially appointed commissioners shall serve terms of

3 years, to be determined by lot. Of the commissioners

appointed under subparagraph (E) of paragraph (2) of this

subsection, one of the initially appointed commissioners

shall serve a term of 2 years and one of the initially

appointed commissioners shall serve a term of 3 years, to

be determined by lot. The calculation of the terms in

office of the initially appointed commissioners shall

begin on the first December 1st after the commissioners

have served at least 6 months in office.

(8) The Chairperson shall declare a commissioner's

office vacant immediately after receipt of a written

resignation, death, a recorder commissioner no longer

holding the public office, or under other circumstances

specified within the rules adopted by the Commission, which

shall also by rule specify how and by what deadlines a

replacement is to be appointed.

(b) (Blank).

(c) The Commission shall adopt and transmit to the

Secretary of State standards to implement this Act and shall be

the exclusive entity to set standards for counties to engage in

electronic recording in the State of Illinois.

(d) To keep the standards and practices of county recorders

in this State in harmony with the standards and practices of

recording offices in other jurisdictions that enact

substantially this Act and to keep the technology used by

county recorders in this State compatible with technology used

by recording offices in other jurisdictions that enact

substantially this Act, the Commission, so far as is consistent

with the purposes, policies, and provisions of this Act, in

adopting, amending, and repealing standards shall consider:

(1) standards and practices of other jurisdictions;

(2) the most recent standards promulgated by national

standard-setting bodies, such as the Property Records

Industry Association;

(3) the views of interested persons and governmental

officials and entities;

(4) the needs of counties of varying size, population,

and resources; and

(5) standards requiring adequate information security

protection to ensure that electronic documents are

accurate, authentic, adequately preserved, and resistant

to tampering.

(e) The Commission shall review the statutes related to

real property and the statutes related to recording real

property documents and shall recommend to the General Assembly

any changes in the statutes that the Commission deems necessary

or advisable.

(f) Funding. The Secretary of State may accept for the

Commission, for any of its purposes and functions, donations,

gifts, grants, and appropriations of money, equipment,

supplies, materials, and services from the federal government,

the State or any of its departments or agencies, a county or

municipality, or from any institution, person, firm, or

corporation. The Commission may authorize a fee payable by

counties engaged in electronic recording to fund its expenses.

Any fee shall be proportional based on county population or

number of documents recorded annually. On approval by a county

recorder of the form and amount, a county board may authorize

payment of any fee out of the special fund it has created to

fund document storage and electronic retrieval, as authorized

in Section 3-5018 of the Counties Code. Any funds received by

the Office of the Secretary of State for the Commission shall

be used entirely for expenses approved by and for the use of

the Commission.

(g) The Secretary of State shall provide administrative

support to the Commission, including the preparation of the

agenda and minutes for Commission meetings, distribution of

notices and proposed rules to commissioners, payment of bills

and reimbursement for expenses of commissioners.

(h) Standards and rules adopted by the Commission shall be

delivered to the Secretary of State. Within 60 days, the

Secretary shall either promulgate by rule the standards

adopted, amended, or repealed or return them to the Commission,

with findings, for changes. The Commission may override the

Secretary by a three-fifths vote, in which case the Secretary

shall publish the Commission's standards.

(Source: P.A. 99-662, eff. 1-1-17; revised 10-27-16.)

Section 730. The Common Interest Community Association Act

is amended by changing Section 1-90 as follows:

(765 ILCS 160/1-90)

(Section scheduled to be repealed on July 1, 2022)

Sec. 1-90. Compliance with the Condominium and Common

Interest Community Ombudsperson Act. Every common interest

community association, except for those exempt from this Act

under Section 1-75, must comply with the Condominium and Common

Community Interest Community Ombudsperson Act and is subject to

all provisions of the Condominium and Common Community Interest

Community Ombudsperson Act. This Section is repealed July 1,

2022.

(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.

99-776 for effective date of P.A. 98-1135); 99-776, eff.

8-12-16; revised 10-27-16.)

Section 735. The Condominium Property Act is amended by

changing Section 27 as follows:

(765 ILCS 605/27) (from Ch. 30, par. 327)

Sec. 27. Amendments.

(a) If there is any unit owner other than the developer,

and unless otherwise provided in this Act, the condominium

instruments shall be amended only as follows:

(i) upon the affirmative vote of 2/3 of those voting or

upon the majority specified by the condominium

instruments, provided that in no event shall the

condominium instruments require more than a three-quarters

vote of all unit owners; and

(ii) with the approval of, or notice to, any mortgagees

or other lienholders of record, if required under the

provisions of the condominium instruments.

(b)(1) If there is an omission, error, or inconsistency in

a condominium instrument, such that a provision of a

condominium instrument does not conform to this Act or to

another applicable statute, the association may correct the

omission, error, or inconsistency to conform the condominium

instrument to this Act or to another applicable statute by an

amendment adopted by vote of two-thirds of the Board of

Managers, without a unit owner vote. A provision in a

condominium instrument requiring or allowing unit owners,

mortgagees, or other lienholders of record to vote to approve

an amendment to a condominium instrument, or for the mortgagees

or other lienholders of record to be given notice of an

amendment to a condominium instrument, is not applicable to an

amendment to the extent that the amendment corrects an

omission, error, or inconsistency to conform the condominium

instrument to this Act or to another applicable statute.

(2) If through a scrivener's error, a unit has not been

designated as owning an appropriate undivided share of the

common elements or does not bear an appropriate share of the

common expenses or that all the common expenses or all of the

common elements in the condominium have not been distributed in

the declaration, so that the sum total of the shares of common

elements which have been distributed or the sum total of the

shares of the common expenses fail to equal 100%, or if it

appears that more than 100% of the common elements or common

expenses have been distributed, the error may be corrected by

operation of law by filing an amendment to the declaration

approved by vote of two-thirds of the members of the Board of

Managers or a majority vote of the unit owners at a meeting

called for this purpose which proportionately adjusts all

percentage interests so that the total is equal to 100% unless

the condominium instruments specifically provide for a

different procedure or different percentage vote by the owners

of the units and the owners of mortgages thereon affected by

modification being made in the undivided interest in the common

elements, the number of votes in the unit owners association or

the liability for common expenses appertaining to the unit.

(3) If an omission or error or a scrivener's error in the

declaration, bylaws or other condominium instrument is

corrected by vote of two-thirds of the members of the Board of

Managers pursuant to the authority established in subsections

(b)(1) or (b)(2) of this Section 27 of this Act, the Board upon

written petition by unit owners with 20 percent of the votes of

the association filed within 30 days of the Board action shall

call a meeting of the unit owners within 30 days of the filing

of the petition to consider the Board action. Unless a majority

of the votes of the unit owners of the association are cast at

the meeting to reject the action, it is ratified whether or not

a quorum is present.

(4) The procedures for amendments set forth in this

subsection (b) cannot be used if such an amendment would

materially or adversely affect property rights of the unit

owners unless the affected unit owners consent in writing. This

Section does not restrict the powers of the association to

otherwise amend the declaration, bylaws, or other condominium

instruments, but authorizes a simple process of amendment

requiring a lesser vote for the purpose of correcting defects,

errors, or omissions when the property rights of the unit

owners are not materially or adversely affected.

(5) If there is an omission or error in the declaration,

bylaws, or other condominium instruments, which may not be

corrected by an amendment procedure set forth in paragraphs (1)

and (2) of this subsection (b) of Section 27 in the declaration

then the Circuit Court in the County in which the condominium

is located shall have jurisdiction to hear a petition of one or

more of the unit owners thereon or of the association, to

correct the error or omission, and the action may be a class

action. The court may require that one or more methods of

correcting the error or omission be submitted to the unit

owners to determine the most acceptable correction. All unit

owners in the association must be joined as parties to the

action. Service of process on owners may be by publication, but

the plaintiff shall furnish all unit owners not personally

served with process with copies of the petition and final

judgment of the court by certified mail return receipt

requested, at their last known address.

(6) Nothing contained in this Section shall be construed to

invalidate any provision of a condominium instrument

authorizing the developer to amend a condominium instrument

prior to the latest date on which the initial membership

meeting of the unit owners must be held, whether or not nor it

has actually been held, to bring the instrument into compliance

with the legal requirements of the Federal National Mortgage

Association, the Federal Home Loan Mortgage Corporation, the

Federal Housing Administration, the United States Veterans

Administration or their respective successors and assigns.

(Source: P.A. 98-282, eff. 1-1-14; 99-472, eff. 6-1-16; revised

9-1-16.)

Section 740. The Condominium and Common Interest Community

Ombudsperson Act is amended by changing Section 50 as follows:

(765 ILCS 615/50)

(Section scheduled to be repealed on July 1, 2022)

Sec. 50. Reports. (a) The Department shall submit an annual

written report on the activities of the Office to the General

Assembly. The Department shall submit the first report no later

than July 1, 2018. Beginning in 2019, the Department shall

submit the report no later than October 1 of each year. The

report shall include all of the following:

(1) annual workload and performance data, including

(i) the number of requests for information; (ii) training,

education, or other information provided; (iii) the manner

in which education and training was conducted; and (iv) the

staff time required to provide the training, education, or

other information. For each category of data, the report

shall provide subtotals based on the type of question or

dispute involved in the request; and

(2) where relevant information is available, analysis

of the most common and serious types of concerns within

condominiums and common interest communities, along with

any recommendations for statutory reform to reduce the

frequency or severity of those disputes.

(Source: P.A. 98-1135, eff. 1-1-17 (See Section 20 of P.A.

99-776 for effective date of P.A. 98-1135); 99-776, eff.

8-12-16; revised 10-25-16.)

Section 745. The Uniform Disposition of Unclaimed Property

Act is amended by changing Section 8.1 as follows:

(765 ILCS 1025/8.1) (from Ch. 141, par. 108.1)

Sec. 8.1. Property held by governments.

(a) All tangible personal property or intangible personal

property and all debts owed or entrusted funds or other

property held by any federal, state or local government or

governmental subdivision, agency, entity, officer or appointee

thereof, shall be presumed abandoned if the property has

remained unclaimed for 5 years, except as provided in

subsection (c).

(b) This Section applies to all abandoned property held by

any federal, state or local government or governmental

subdivision, agency, entity, officer or appointee thereof, on

September 3, 1991 (the effective date of Public Act 87-206)

this amendatory Act of 1991 or at any time thereafter,

regardless of when the property became or becomes presumptively

abandoned.

(c) United States savings bonds.

(1) As used in this subsection, "United States savings

bond" means property, tangible or intangible, in the form

of a savings bond issued by the United States Treasury,

whether in paper, electronic, or paperless form, along with

all proceeds thereof in the possession of the State

Treasurer.

(2) Notwithstanding any provision of this Act to the

contrary, a United States savings bond subject to this

Section or held or owing in this State by any person shall

be presumed abandoned when such bond has remained unclaimed

and unredeemed for 5 years after its date of final extended

maturity.

(3) United States savings bonds that are presumed

abandoned and unclaimed under paragraph (2) shall escheat

to the State of Illinois and all property rights and legal

title to and ownership of the United States savings bonds,

or proceeds from the bonds, including all rights, powers,

and privileges of survivorship of any owner, co-owner, or

beneficiary, shall vest solely in the State according to

the procedure set forth in paragraphs (4) through (6).

(4) Within 180 days after a United States savings bond

has been presumed abandoned, in the absence of a claim

having been filed with the State Treasurer for the savings

bond, the State Treasurer shall commence a civil action in

the Circuit Court of Sangamon County for a determination

that the United States savings bond bonds has escheated to

the State. The State Treasurer may postpone the bringing of

the action until sufficient United States savings bonds

have accumulated in the State Treasurer's custody to

justify the expense of the proceedings.

(5) The State Treasurer shall make service by

publication in the civil action in accordance with Sections

2-206 and 2-207 of the Code of Civil Procedure, which shall

include the filing with the Circuit Court of Sangamon

County of the affidavit required in Section 2-206 of that

Code by an employee of the State Treasurer with personal

knowledge of the efforts made to contact the owners of

United States savings bonds presumed abandoned under this

Section. In addition to the diligent inquiries made

pursuant to Section 2-206 of the Code of Civil Procedure,

the State Treasurer may also utilize additional

discretionary means to attempt to provide notice to persons

who may own a United States savings bond registered to a

person with a last known address in the State of Illinois

subject to a civil action pursuant to paragraph (4).

(6) The owner of a United States savings bond

registered to a person with a last known address in the

State of Illinois subject to a civil action pursuant to

paragraph (4) may file a claim for such United States

savings bond with either the State Treasurer or by filing a

claim in the civil action in the Circuit Court of Sangamon

County in which the savings bond registered to that person

is at issue prior to the entry of a final judgment by the

Circuit Court pursuant to this subsection, and unless the

Circuit Court determines that such United States savings

bond is not owned by the claimant, then such United States

savings bond shall no longer be presumed abandoned. If no

person files a claim or appears at the hearing to

substantiate a disputed claim or if the court determines

that a claimant is not entitled to the property claimed by

the claimant, then the court, if satisfied by evidence that

the State Treasurer has substantially complied with the

laws of this State, shall enter a judgment that the United

States savings bonds have escheated to this State, and all

property rights and legal title to and ownership of such

United States savings bonds or proceeds from such bonds,

including all rights, powers, and privileges of

survivorship of any owner, co-owner, or beneficiary, shall

vest in this State.

(7) The State Treasurer shall redeem from the Bureau of

the Fiscal Service of the United States Treasury the United

States savings bonds escheated to the State and deposit the

proceeds from the redemption of United States savings bonds

into the Unclaimed Property Trust Fund.

(8) Any person making a claim for the United States

savings bonds escheated to the State under this subsection,

or for the proceeds from such bonds, may file a claim with

the State Treasurer. Upon providing sufficient proof of the

validity of such person's claim, the State Treasurer may,

in his or her sole discretion, pay such claim. If payment

has been made to any claimant, no action thereafter shall

be maintained by any other claimant against the State or

any officer thereof for or on account of such funds.

(Source: P.A. 99-556, eff. 1-1-17; 99-577, eff. 1-1-17; revised

9-15-16.)

Section 750. The Illinois Human Rights Act is amended by

changing Section 4-104 as follows:

(775 ILCS 5/4-104) (from Ch. 68, par. 4-104)

Sec. 4-104. Exemptions. ) Nothing contained in this Article

shall prohibit:

(A) Sound Underwriting Practices. A financial

institution from considering sound underwriting practices

in contemplation of any loan to any person. Such practices

shall include:

(1) The willingness and the financial ability of

the borrower to repay the loan.

(2) The market value of any real estate or other

item of property proposed as security for any loan.

(3) Diversification of the financial institution's

investment portfolio.

(B) Credit-worthiness Information; Credit Systems. A

financial institution or a person who offers credit cards

from:

(1) making an inquiry of the applicant's age,

permanent residence, immigration status, or any

additional information if such inquiry is for the

purpose of determining the amount and probable

continuance of income levels, credit history, or other

pertinent element of credit-worthiness as provided in

regulations of the Department;

(2) using any empirically derived credit system

which considers age if such system is demonstrably and

statistically sound in accordance with regulations of

the Department, except that in the operation of such

system the age of an applicant over the age of 62 years

may not be assigned a negative factor or value.

(C) Special Credit Programs. A financial institution

from refusing to extend credit when required to by or

pursuant to any:

(1) credit assistance program expressly authorized

by law for an economically disadvantaged class of

persons;

(2) credit assistance program administered by a

nonprofit organization for its members of an

economically disadvantaged class of persons;

(3) special purpose credit program offered by a

profit-making organization to meet special social

needs which meets standards prescribed by the

Department in its regulations.

(Source: P.A. 81-1267; revised 9-1-16.)

Section 755. The Professional Service Corporation Act is

amended by changing Section 3.1 as follows:

(805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)

Sec. 3.1. "Ancillary personnel" means such persons person

acting in their customary capacities, employed by those

rendering a professional service who:

(1) are Are not licensed to engage in the category of

professional service for which a professional corporation

was formed; and

(2) work Work at the direction or under the supervision

of those who are so licensed; and

(3) do Do not hold themselves out to the public

generally as being authorized to engage in the practice of

the profession for which the corporation is licensed; and

(4) are Are not prohibited by the regulating authority,

regulating the category of professional service rendered

by the corporation from being so employed and includes

clerks, secretaries, technicians and other assistants who

are not usually and ordinarily considered by custom and

practice to be rendering the professional services for

which the corporation was formed.

(Source: P.A. 99-227, eff. 8-3-15; revised 10-26-16.)

Section 760. The Medical Corporation Act is amended by

changing Section 18 as follows:

(805 ILCS 15/18) (from Ch. 32, par. 648)

Sec. 18. Illinois Administrative Procedure Act. The

Illinois Administrative Procedure Act is expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act, which provides that at hearings the licensee has

the right to show compliance with all lawful requirements for

retention, or continuation or renewal of the license, is

specifically excluded. For the purposes of this Act the notice

required under Section 10-25 of the Illinois Administrative

Procedure Act is deemed sufficient when mailed to the last

known address of a party.

(Source: P.A. 88-45; revised 9-15-16.)

Section 765. The Uniform Commercial Code is amended by

changing Section 2-323 as follows:

(810 ILCS 5/2-323) (from Ch. 26, par. 2-323)

Sec. 2-323. Form of bill of lading required in overseas

shipment; "overseas"."

(1) Where the contract contemplates overseas shipment and

contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller

unless otherwise agreed must obtain a negotiable bill of lading

stating that the goods have been loaded on board or, in the

case of a term C.I.F. or C. & F., received for shipment.

(2) Where in a case within subsection (1) a tangible bill

of lading has been issued in a set of parts, unless otherwise

agreed if the documents are not to be sent from abroad the

buyer may demand tender of the full set; otherwise only one

part of the bill of lading need be tendered. Even if the

agreement expressly requires a full set:

(a) due tender of a single part is acceptable within

the provisions of this Article on cure of improper delivery

(subsection (1) of Section 2-508); and

(b) even though the full set is demanded, if the

documents are sent from abroad the person tendering an

incomplete set may nevertheless require payment upon

furnishing an indemnity which the buyer in good faith deems

adequate.

(3) A shipment by water or by air or a contract

contemplating such shipment is "overseas" insofar as by usage

of trade or agreement it is subject to the commercial,

financing or shipping practices characteristic of

international deep water commerce.

(Source: P.A. 95-895, eff. 1-1-09; revised 9-15-16.)

Section 770. The Illinois Securities Law of 1953 is amended

by changing Section 16 as follows:

(815 ILCS 5/16) (from Ch. 121 1/2, par. 137.16)

Sec. 16. Saving clauses. Notwithstanding any repeal

provisions of this Act, the provisions of the Act entitled "An

Act relating to the sale or other disposition of securities and

providing penalties for the violation thereof and to repeal

Acts in conflict therewith," approved June 10, 1919, as

amended, shall remain in force (1) for the prosecution and

punishment of any person who, before the effective date of this

Act, shall have violated any provision of said Act approved

June 10, 1919, as amended; (2) for carrying out the terms of

escrow agreements made pursuant to the provisions of said Act

approved June 10, 1919, as amended, and (3) for the retention,

enforcement and liquidation of deposits made with the Secretary

of State pursuant to the provisions of Section 6a of said Act

approved June 10, 1919, as amended, or of subsection E of

Section 6 of the "The Illinois Securities Law of 1953",

approved July 13, 1953, as amended and in effect prior to

January 1, 1986, which deposits, from and after January 1,

1986, shall be subject to the provisions of subsections G, H,

and I of Section 6 as if such deposits were made in respect of

face amount certificate contracts which were registered under

subsection B of Section 6 on or after January 1, 1986.

(Source: P.A. 84-1308; revised 10-26-16.)

Section 775. The Payday Loan Reform Act is amended by

changing Section 2-5 as follows:

(815 ILCS 122/2-5)

Sec. 2-5. Loan terms.

(a) Without affecting the right of a consumer to prepay at

any time without cost or penalty, no payday loan may have a

minimum term of less than 13 days.

(b) Except for an installment payday loan as defined in

this Section, no payday loan may be made to a consumer if the

loan would result in the consumer being indebted to one or more

payday lenders for a period in excess of 45 consecutive days.

Except as provided under subsection (c) of this Section and

Section 2-40, if a consumer has or has had loans outstanding

for a period in excess of 45 consecutive days, no payday lender

may offer or make a loan to the consumer for at least 7

calendar days after the date on which the outstanding balance

of all payday loans made during the 45 consecutive day period

is paid in full. For purposes of this subsection, the term

"consecutive days" means a series of continuous calendar days

in which the consumer has an outstanding balance on one or more

payday loans; however, if a payday loan is made to a consumer

within 6 days or less after the outstanding balance of all

loans is paid in full, those days are counted as "consecutive

days" for purposes of this subsection.

(c) Notwithstanding anything in this Act to the contrary, a

payday loan shall also include any installment loan otherwise

meeting the definition of payday loan contained in Section

1-10, but that has a term agreed by the parties of not less

than 112 days and not exceeding 180 days; hereinafter an

"installment payday loan". The following provisions shall

apply:

(i) Any installment payday loan must be fully

amortizing, with a finance charge calculated on the

principal balances scheduled to be outstanding and be

repayable in substantially equal and consecutive

installments, according to a payment schedule agreed by the

parties with not less than 13 days and not more than one

month between payments; except that the first installment

period may be longer than the remaining installment periods

by not more than 15 days, and the first installment payment

may be larger than the remaining installment payments by

the amount of finance charges applicable to the extra days.

In calculating finance charges under this subsection, when

the first installment period is longer than the remaining

installment periods, the amount of the finance charges

applicable to the extra days shall not be greater than

$15.50 per $100 of the original principal balance divided

by the number of days in a regularly scheduled installment

period and multiplied by the number of extra days

determined by subtracting the number of days in a regularly

scheduled installment period from the number of days in the

first installment period.

(ii) An installment payday loan may be refinanced by a

new installment payday loan one time during the term of the

initial loan; provided that the total duration of

indebtedness on the initial installment payday loan

combined with the total term of indebtedness of the new

loan refinancing that initial loan, shall not exceed 180

days. For purposes of this Act, a refinancing occurs when

an existing installment payday loan is paid from the

proceeds of a new installment payday loan.

(iii) In the event an installment payday loan is paid

in full prior to the date on which the last scheduled

installment payment before maturity is due, other than

through a refinancing, no licensee may offer or make a

payday loan to the consumer for at least 2 calendar days

thereafter.

(iv) No installment payday loan may be made to a

consumer if the loan would result in the consumer being

indebted to one or more payday lenders for a period in

excess of 180 consecutive days. The term "consecutive days"

does not include the date on which a consumer makes the

final installment payment.

(d) (Blank).

(e) No lender may make a payday loan to a consumer if the

total of all payday loan payments coming due within the first

calendar month of the loan, when combined with the payment

amount of all of the consumer's other outstanding payday loans

coming due within the same month, exceeds the lesser of:

(1) $1,000; or

(2) in the case of one or more payday loans, 25% of the

consumer's gross monthly income; or

(3) in the case of one or more installment payday

loans, 22.5% of the consumer's gross monthly income; or

(4) in the case of a payday loan and an installment

payday loan, 22.5% of the consumer's gross monthly income.

No loan shall be made to a consumer who has an outstanding

balance on 2 payday loans, except that, for a period of 12

months after March 21, 2011 (the effective date of Public Act

96-936) this amendatory Act of the 96th General Assembly,

consumers with an existing CILA loan may be issued an

installment loan issued under this Act from the company from

which their CILA loan was issued.

(e-5) Except as provided in subsection (c)(i), no lender

may charge more than $15.50 per $100 loaned on any payday loan,

or more than $15.50 per $100 on the initial principal balance

and on the principal balances scheduled to be outstanding

during any installment period on any installment payday loan.

Except for installment payday loans and except as provided in

Section 2-25, this charge is considered fully earned as of the

date on which the loan is made. For purposes of determining the

finance charge earned on an installment payday loan, the

disclosed annual percentage rate shall be applied to the

principal balances outstanding from time to time until the loan

is paid in full, or until the maturity date, whichever which

ever occurs first. No finance charge may be imposed after the

final scheduled maturity date.

When any loan contract is paid in full, the licensee shall

refund any unearned finance charge. The unearned finance charge

that is refunded shall be calculated based on a method that is

at least as favorable to the consumer as the actuarial method,

as defined by the federal Truth in Lending Act. The sum of the

digits or rule of 78ths method of calculating prepaid interest

refunds is prohibited.

(f) A lender may not take or attempt to take an interest in

any of the consumer's personal property to secure a payday

loan.

(g) A consumer has the right to redeem a check or any other

item described in the definition of payday loan under Section

1-10 issued in connection with a payday loan from the lender

holding the check or other item at any time before the payday

loan becomes payable by paying the full amount of the check or

other item.

(Source: P.A. 96-936, eff. 3-21-11; 97-421, eff. 1-1-12;

revised 9-15-16.)

Section 780. 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 transaction's 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;

99-642, eff. 7-28-16; revised 10-27-16.)

Section 785. The Illinois Loan Brokers Act of 1995 is

amended by changing Section 15-80 as follows:

(815 ILCS 175/15-80)

Sec. 15-80. Persons exempt from registration and other

duties; burden of proof thereof.

(a) The following persons are exempt from the requirements

of Sections 15-10, 15-15, 15-20, 15-25, 15-30, 15-35, 15-40,

and 15-75 of this Act:

(1) Any attorney while engaging in the practice of law.

(2) Any certified public accountant licensed to

practice in Illinois, while engaged in practice as a

certified public accountant and whose service in relation

to procurement of a loan is incidental to his or her

practice.

(3) Any person licensed to engage in business as a real

estate broker or salesperson in Illinois while rendering

services in the ordinary course of a transaction in which a

license as a real estate broker or salesperson is required.

(4) Any dealer, salesperson or investment adviser

registered under the Illinois Securities Law of 1953, or an

investment advisor, representative, or any person who is

regularly engaged in the business of offering or selling

securities in a transaction exempted under subsection C, H,

M, R, Q, or S of Section 4 of the Illinois Securities Law

of 1953 or subsection G of Section 4 of the Illinois

Securities Law of 1953 provided that such person is

registered under the federal securities law.

(4.1) An associated person described in subdivision

(h)(2) of Section 15 of the Federal 1934 Act.

(4.2) An investment adviser registered pursuant to

Section 203 of the Federal 1940 Investment Advisers

Advisors Act.

(4.3) A person described in subdivision (a)(11) of

Section 202 of the Federal 1940 Investment Advisers

Advisors Act.

(5) Any person whose fee is wholly contingent on the

successful procurement of a loan from a third party and to

whom no fee, other than a bona fide third party fee, is

paid before the procurement.

(6) Any person who is a creditor, or proposed to be a

creditor, for any loan.

(7) (Blank).

(8) Any person regulated by the Department of Financial

Institutions or the Office of Banks and Real Estate, or any

insurance producer or company authorized to do business in

this State.

(b) As used in this Section, "bona fide third party fee"

includes fees for:

(1) Credit reports, appraisals and investigations.

(2) If the loan is to be secured by real property,

title examinations, an abstract of title, title insurance,

a property survey and similar purposes.

(c) As used in this Section, "successful procurement of a

loan" means that a binding commitment from a creditor to

advance money has been received and accepted by the borrower.

(d) The burden of proof of any exemption provided in this

Act shall be on the party claiming the exemption.

(Source: P.A. 90-70, eff. 7-8-97; 91-435, eff. 8-6-99; revised

9-15-16.)

Section 790. The Illinois Business Brokers Act of 1995 is

amended by changing Section 10-80 as follows:

(815 ILCS 307/10-80)

Sec. 10-80. Persons exempt from registration and other

duties under law; burden of proof thereof.

(a) The following persons are exempt from the requirements

of this Act:

(1) Any attorney who is licensed to practice in this

State, while engaged in the practice of law and whose

service in relation to the business broker transaction is

incidental to the attorney's practice.

(2) Any person licensed as a real estate broker or

salesperson under the Illinois Real Estate License Act of

2000 who is primarily engaged in business activities for

which a license is required under that Act and who, on an

incidental basis, acts as a business broker.

(3) Any dealer, salesperson, or investment adviser

registered pursuant to the Illinois Securities Law of 1953

or any investment adviser representative, or any person who

is regularly engaged in the business of offering or selling

securities in a transaction exempted under subsection C, H,

M, R, Q, or S of Section 4 of the Illinois Securities Law

of 1953 or subsection G of Section 4 of the Illinois

Securities Law of 1953 provided that such person is

registered pursuant to federal securities law.

(4) An associated person described in subdivision

(h)(2) of Section 15 of the Federal 1934 Act.

(5) An investment adviser registered pursuant to

Section 203 of the Federal 1940 Investment Advisers

Advisors Act.

(6) A person described in subdivision (a)(11) of

Section 202 of the Federal 1940 Investment Advisers

Advisors Act.

(7) Any person who is selling a business owned or

operated (in whole or in part) by that person in a one time

transaction.

(b) This Act shall not be deemed to apply in any manner,

directly or indirectly, to: (i) a State bank or national bank,

as those terms are defined in the Illinois Banking Act, or any

subsidiary of a State bank or national bank; (ii) a bank

holding company, as that term is defined in the Illinois Bank

Holding Company Act of 1957, or any subsidiary of a bank

holding company; (iii) a foreign banking corporation, as that

term is defined in the Foreign Banking Office Act, or any

subsidiary of a foreign banking corporation; (iv) a

representative office, as that term is defined in the Foreign

Bank Representative Office Act; (v) a corporate fiduciary, as

that term is defined in the Corporate Fiduciary Act, or any

subsidiary of a corporate fiduciary; (vi) a savings bank

organized under the Savings Bank Act, or a federal savings bank

organized under federal law, or any subsidiary of a savings

bank or federal savings bank; (vii) a savings bank holding

company organized under the Savings Bank Act, or any subsidiary

of a savings bank holding company; (viii) an association or

federal association, as those terms are defined in the Illinois

Savings and Loan Act of 1985, or any subsidiary of an

association or federal association; (ix) a foreign savings and

loan association or foreign savings bank subject to the

Illinois Savings and Loan Act of 1985, or any subsidiary of a

foreign savings and loan association or foreign savings bank;

or (x) a savings and loan association holding company, as that

term is defined in the Illinois Savings and Loan Act of 1985,

or any subsidiary of a savings and loan association holding

company.

(b-1) Any franchise seller as defined in the Federal Trade

Commission rule entitled Disclosure Requirements and

Prohibitions Concerning Franchising, 16 C.F.R. Part 436, as it

may be amended, is exempt from the requirements of this Act.

(b-2) Any certified public accountant licensed to practice

in Illinois, while engaged in the practice as a certified

public accountant and whose service in relation to the business

broker transaction is incidental to his or her practice, is

exempt from the requirements of this Act.

(b-3) Any publisher, or regular employee of such publisher,

of a bona fide newspaper or news magazine of regular and

established paid circulation who, in the routine course of

selling advertising, advertises businesses for sale and in

which no other related services are provided is exempt from the

requirements of this Act.

(c) The burden of proof of any exemption or classification

provided in this Act shall be on the party claiming the

exemption or classification.

(Source: P.A. 96-648, eff. 10-1-09; revised 9-15-16.)

Section 800. The Personal Information Protection Act is

amended by changing Section 10 as follows:

(815 ILCS 530/10)

Sec. 10. Notice of breach.

(a) Any data collector that owns or licenses personal

information concerning an Illinois resident shall notify the

resident at no charge that there has been a breach of the

security of the system data following discovery or notification

of the breach. The disclosure notification shall be made in the

most expedient time possible and without unreasonable delay,

consistent with any measures necessary to determine the scope

of the breach and restore the reasonable integrity, security,

and confidentiality of the data system. The disclosure

notification to an Illinois resident shall include, but need

not be limited to, information as follows:

(1) With respect to personal information as defined in

Section 5 in paragraph (1) of the definition of "personal

information":

(A) the toll-free numbers and addresses for

consumer reporting agencies;

(B) the toll-free number, address, and website

address for the Federal Trade Commission; and

(C) a statement that the individual can obtain

information from these sources about fraud alerts and

security freezes.

The notification shall not, however, include

information concerning the number of Illinois residents

affected by the breach.

(2) With respect to personal information defined in

Section 5 in paragraph (2) of the definition of "personal

information", notice may be provided in electronic or other

form directing the Illinois resident whose personal

information has been breached to promptly change his or her

user name or password and security question or answer, as

applicable, or to take other steps appropriate to protect

all online accounts for which the resident uses the same

user name or email address and password or security

question and answer.

The notification shall not, however, include information

concerning the number of Illinois residents affected by the

breach.

(b) Any data collector that maintains or stores, but does

not own or license, computerized data that includes personal

information that the data collector does not own or license

shall notify the owner or licensee of the information of any

breach of the security of the data immediately following

discovery, if the personal information was, or is reasonably

believed to have been, acquired by an unauthorized person. In

addition to providing such notification to the owner or

licensee, the data collector shall cooperate with the owner or

licensee in matters relating to the breach. That cooperation

shall include, but need not be limited to, (i) informing the

owner or licensee of the breach, including giving notice of the

date or approximate date of the breach and the nature of the

breach, and (ii) informing the owner or licensee of any steps

the data collector has taken or plans to take relating to the

breach. The data collector's cooperation shall not, however, be

deemed to require either the disclosure of confidential

business information or trade secrets or the notification of an

Illinois resident who may have been affected by the breach.

(b-5) The notification to an Illinois resident required by

subsection (a) of this Section may be delayed if an appropriate

law enforcement agency determines that notification will

interfere with a criminal investigation and provides the data

collector with a written request for the delay. However, the

data collector must notify the Illinois resident as soon as

notification will no longer interfere with the investigation.

(c) For purposes of this Section, notice to consumers may

be provided by one of the following methods:

(1) written notice;

(2) electronic notice, if the notice provided is

consistent with the provisions regarding electronic

records and signatures for notices legally required to be

in writing as set forth in Section 7001 of Title 15 of the

United States Code; or

(3) substitute notice, if the data collector

demonstrates that the cost of providing notice would exceed

$250,000 or that the affected class of subject persons to

be notified exceeds 500,000, or the data collector does not

have sufficient contact information. Substitute notice

shall consist of all of the following: (i) email notice if

the data collector has an email address for the subject

persons; (ii) conspicuous posting of the notice on the data

collector's web site page if the data collector maintains

one; and (iii) notification to major statewide media or, if

the breach impacts residents in one geographic area, to

prominent local media in areas where affected individuals

are likely to reside if such notice is reasonably

calculated to give actual notice to persons whom notice is

required.

(d) Notwithstanding any other subsection in this Section, a

data collector that maintains its own notification procedures

as part of an information security policy for the treatment of

personal information and is otherwise consistent with the

timing requirements of this Act, shall be deemed in compliance

with the notification requirements of this Section if the data

collector notifies subject persons in accordance with its

policies in the event of a breach of the security of the system

data.

(Source: P.A. 99-503, eff. 1-1-17; revised 9-15-16.)

Section 805. The Business Opportunity Sales Law of 1995 is

amended by changing Section 5-15 as follows:

(815 ILCS 602/5-15)

Sec. 5-15. Denial or revocation of exemptions.

(a) The Secretary of State may by order deny or revoke any

exemption specified in Section 5-10 of this Law with respect to

a particular offering of one or more business opportunities. No

such order may be entered without appropriate prior notice to

all interested parties, opportunity for hearing, and written

findings of fact and conclusions of law.

(b) If the public interest or the protection of purchasers

so requires, the Secretary of State may by summary order deny

or revoke any of the specified exemptions pending final

determination of any proceedings under this Section. Upon the

entry of the order, the Secretary of State shall promptly

notify all interested parties that it has been entered and of

the reasons therefor and that the matter will be set for

hearing upon written request filed with the Secretary of State

within 30 days after the receipt of the request by the

respondent. If no hearing is requested and none is ordered by

the Secretary of State, the order will remain in effect until

it is modified or vacated by the Secretary of State. If a

hearing is requested and none is ordered by the Secretary of

State, the order will remain in effect until it is modified or

vacated by the Secretary of State. If a hearing is requested or

ordered, the Secretary of State, after notice of an opportunity

for hearing to all interested persons, may modify or vacate the

order or extend it until final determination.

(c) No order under this Section may operate retroactively.

(d) No person may be considered to have violated Section

5-25 by reason of any offer or sale effected after the entry of

an order under paragraph (1) of Section 5-65 of this Law if he

or she sustains the burden of proof that he or she did not

know, and in the exercise of reasonable care could not have

known, of the order.

(e) Notwithstanding any provision to the contrary, this Law

shall not apply to (i) any dealer, salesperson, or investment

adviser registered under the Illinois Securities Law of 1953 or

any investment adviser representative, or any person who is

regularly engaged in the business of offering or selling

securities in a transaction exempted under subsection C, H, M,

R, Q, or S of Section 4 of the Illinois Securities Law of 1953

or subsection G of Section 4 of the Illinois Securities Law of

1953 provided that such person is registered under the federal

securities law, (ii) an associated person described in

subdivision (h)(2) of Section 15 of the Federal 1934 Act, (iii)

an investment adviser registered under Section 203 of the

Federal 1940 Investment Advisers Advisors Act, or (iv) a person

described in subdivision (a)(11) of Section 202 of the Federal

1940 Investment Advisers Advisors Act.

(f) This Law shall not be deemed to apply in any manner,

directly or indirectly, to: (i) a State bank or national bank,

as those terms are defined in the Illinois Banking Act, or any

subsidiary of a State bank or national bank; (ii) a bank

holding company, as that term is defined in the Illinois Bank

Holding Company Act of 1957, or any subsidiary of a bank

holding company; (iii) a foreign banking corporation, as that

term is defined in the Foreign Banking Office Act, or any

subsidiary of a foreign banking corporation; (iv) a

representative office, as that term is defined in the Foreign

Bank Representative Office Act, (v) a corporate fiduciary, as

that term is defined in the Corporate Fiduciary Act, or any

subsidiary of a corporate fiduciary; (vi) a savings bank

organized under the Savings Bank Act, or a federal savings bank

organized under federal law, or any subsidiary of a savings

bank or federal savings bank; (vii) a savings bank holding

company organized under the Savings Bank Act, or any subsidiary

of a savings bank holding company; (viii) an association or

federal association, as those terms are defined in the Illinois

Savings and Loan Act of 1985, or any subsidiary of an

association or federal association; (ix) a foreign savings and

loan association or foreign savings bank subject to the

Illinois Savings and Loan Act of 1985, or any subsidiary of a

foreign savings and loan association or foreign savings bank;

or (x) a savings and loan association holding company, as that

term is defined in the Illinois Savings and Loan Act of 1985,

or any subsidiary of a savings and loan association holding

company.

(Source: P.A. 89-209, eff. 1-1-96; 90-70, eff. 7-8-97; revised

9-15-16.)

Section 810. The Contractor Prompt Payment Act is amended

by changing Section 10 as follows:

(815 ILCS 603/10)

Sec. 10. Construction contracts. All construction

contracts shall be deemed to provide the following:

(1) If a contractor has performed in accordance with

the provisions of a construction contract and the payment

application has been approved by the owner or the owner's

agent, the owner shall pay the amount due to the contractor

pursuant to the payment application not more than 15

calendar days after the approval. The payment application

shall be deemed approved 25 days after the owner receives

it unless the owner provides, before the end of the 25-day

period, a written statement of the amount withheld and the

reason for withholding payment. If the owner finds that a

portion of the work is not in accordance with the contract,

payment may be withheld for the reasonable value of that

portion only. Payment shall be made for any portion of the

contract for which the work has been performed in

accordance with the provisions of the contract.

Instructions or notification from an owner to his or her

lender or architect to process or pay a payment application

does not constitute approval of the payment application

under this Act.

(2) If a subcontractor has performed in accordance with

the provisions of his or her contract with the contractor

or subcontractor and the work has been accepted by the

owner, the owner's agent, or the contractor, the contractor

shall pay to his or her subcontractor and the subcontractor

shall pay to his or her subcontractor, within 15 calendar

days of the contractor's receipt from the owner or the

subcontractor's receipt from the contractor of each

periodic payment, final payment, or receipt of retainage

monies, the full amount received for the work of the

subcontractor based on the work completed or the services

rendered under the construction contract.

(Source: P.A. 95-567, eff. 8-31-07; revised 9-15-16.)

Section 815. The Motor Vehicle Franchise Act is amended by

changing Section 4 as follows:

(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)

Sec. 4. Unfair competition and practices.

(a) The unfair methods of competition and unfair and

deceptive acts or practices listed in this Section are hereby

declared to be unlawful. In construing the provisions of this

Section, the courts may be guided by the interpretations of the

Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from

time to time amended.

(b) It shall be deemed a violation for any manufacturer,

factory branch, factory representative, distributor or

wholesaler, distributor branch, distributor representative or

motor vehicle dealer to engage in any action with respect to a

franchise which is arbitrary, in bad faith or unconscionable

and which causes damage to any of the parties or to the public.

(c) It shall be deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division, a

factory branch or division, or a wholesale branch or division,

or officer, agent or other representative thereof, to coerce,

or attempt to coerce, any motor vehicle dealer:

(1) to accept, buy or order any motor vehicle or

vehicles, appliances, equipment, parts or accessories

therefor, or any other commodity or commodities or service

or services which such motor vehicle dealer has not

voluntarily ordered or requested except items required by

applicable local, state or federal law; or to require a

motor vehicle dealer to accept, buy, order or purchase such

items in order to obtain any motor vehicle or vehicles or

any other commodity or commodities which have been ordered

or requested by such motor vehicle dealer;

(2) to order or accept delivery of any motor vehicle

with special features, appliances, accessories or

equipment not included in the list price of the motor

vehicles as publicly advertised by the manufacturer

thereof, except items required by applicable law; or

(3) to order for anyone any parts, accessories,

equipment, machinery, tools, appliances or any commodity

whatsoever, except items required by applicable law.

(d) It shall be deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division, or

officer, agent or other representative thereof:

(1) to adopt, change, establish or implement a plan or

system for the allocation and distribution of new motor

vehicles to motor vehicle dealers which is arbitrary or

capricious or to modify an existing plan so as to cause the

same to be arbitrary or capricious;

(2) to fail or refuse to advise or disclose to any

motor vehicle dealer having a franchise or selling

agreement, upon written request therefor, the basis upon

which new motor vehicles of the same line make are

allocated or distributed to motor vehicle dealers in the

State and the basis upon which the current allocation or

distribution is being made or will be made to such motor

vehicle dealer;

(3) to refuse to deliver in reasonable quantities and

within a reasonable time after receipt of dealer's order,

to any motor vehicle dealer having a franchise or selling

agreement for the retail sale of new motor vehicles sold or

distributed by such manufacturer, distributor, wholesaler,

distributor branch or division, factory branch or division

or wholesale branch or division, any such motor vehicles as

are covered by such franchise or selling agreement

specifically publicly advertised in the State by such

manufacturer, distributor, wholesaler, distributor branch

or division, factory branch or division, or wholesale

branch or division to be available for immediate delivery.

However, the failure to deliver any motor vehicle shall not

be considered a violation of this Act if such failure is

due to an act of God, a work stoppage or delay due to a

strike or labor difficulty, a shortage of materials, a lack

of manufacturing capacity, a freight embargo or other cause

over which the manufacturer, distributor, or wholesaler,

or any agent thereof has no control;

(4) to coerce, or attempt to coerce, any motor vehicle

dealer to enter into any agreement with such manufacturer,

distributor, wholesaler, distributor branch or division,

factory branch or division, or wholesale branch or

division, or officer, agent or other representative

thereof, or to do any other act prejudicial to the dealer

by threatening to reduce his allocation of motor vehicles

or cancel any franchise or any selling agreement existing

between such manufacturer, distributor, wholesaler,

distributor branch or division, or factory branch or

division, or wholesale branch or division, and the dealer.

However, notice in good faith to any motor vehicle dealer

of the dealer's violation of any terms or provisions of

such franchise or selling agreement or of any law or

regulation applicable to the conduct of a motor vehicle

dealer shall not constitute a violation of this Act;

(5) to require a franchisee to participate in an

advertising campaign or contest or any promotional

campaign, or to purchase or lease any promotional

materials, training materials, show room or other display

decorations or materials at the expense of the franchisee;

(6) to cancel or terminate the franchise or selling

agreement of a motor vehicle dealer without good cause and

without giving notice as hereinafter provided; to fail or

refuse to extend the franchise or selling agreement of a

motor vehicle dealer upon its expiration without good cause

and without giving notice as hereinafter provided; or, to

offer a renewal, replacement or succeeding franchise or

selling agreement containing terms and provisions the

effect of which is to substantially change or modify the

sales and service obligations or capital requirements of

the motor vehicle dealer arbitrarily and without good cause

and without giving notice as hereinafter provided

notwithstanding any term or provision of a franchise or

selling agreement.

(A) If a manufacturer, distributor, wholesaler,

distributor branch or division, factory branch or

division or wholesale branch or division intends to

cancel or terminate a franchise or selling agreement or

intends not to extend or renew a franchise or selling

agreement on its expiration, it shall send a letter by

certified mail, return receipt requested, to the

affected franchisee at least 60 days before the

effective date of the proposed action, or not later

than 10 days before the proposed action when the reason

for the action is based upon either of the following:

(i) the business operations of the franchisee

have been abandoned or the franchisee has failed to

conduct customary sales and service operations

during customary business hours for at least 7

consecutive business days unless such closing is

due to an act of God, strike or labor difficulty or

other cause over which the franchisee has no

control; or

(ii) the conviction of or plea of nolo

contendere by the motor vehicle dealer or any

operator thereof in a court of competent

jurisdiction to an offense punishable by

imprisonment for more than two years.

Each notice of proposed action shall include a

detailed statement setting forth the specific grounds

for the proposed cancellation, termination, or refusal

to extend or renew and shall state that the dealer has

only 30 days from receipt of the notice to file with

the Motor Vehicle Review Board a written protest

against the proposed action.

(B) If a manufacturer, distributor, wholesaler,

distributor branch or division, factory branch or

division or wholesale branch or division intends to

change substantially or modify the sales and service

obligations or capital requirements of a motor vehicle

dealer as a condition to extending or renewing the

existing franchise or selling agreement of such motor

vehicle dealer, it shall send a letter by certified

mail, return receipt requested, to the affected

franchisee at least 60 days before the date of

expiration of the franchise or selling agreement. Each

notice of proposed action shall include a detailed

statement setting forth the specific grounds for the

proposed action and shall state that the dealer has

only 30 days from receipt of the notice to file with

the Motor Vehicle Review Board a written protest

against the proposed action.

(C) Within 30 days from receipt of the notice under

subparagraphs (A) and (B), the franchisee may file with

the Board a written protest against the proposed

action.

When the protest has been timely filed, the Board

shall enter an order, fixing a date (within 60 days of

the date of the order), time, and place of a hearing on

the protest required under Sections 12 and 29 of this

Act, and send by certified mail, return receipt

requested, a copy of the order to the manufacturer that

filed the notice of intention of the proposed action

and to the protesting dealer or franchisee.

The manufacturer shall have the burden of proof to

establish that good cause exists to cancel or

terminate, or fail to extend or renew the franchise or

selling agreement of a motor vehicle dealer or

franchisee, and to change substantially or modify the

sales and service obligations or capital requirements

of a motor vehicle dealer as a condition to extending

or renewing the existing franchise or selling

agreement. The determination whether good cause exists

to cancel, terminate, or refuse to renew or extend the

franchise or selling agreement, or to change or modify

the obligations of the dealer as a condition to offer

renewal, replacement, or succession shall be made by

the Board under subsection (d) of Section 12 of this

Act.

(D) Notwithstanding the terms, conditions, or

provisions of a franchise or selling agreement, the

following shall not constitute good cause for

cancelling or terminating or failing to extend or renew

the franchise or selling agreement: (i) the change of

ownership or executive management of the franchisee's

dealership; or (ii) the fact that the franchisee or

owner of an interest in the franchise owns, has an

investment in, participates in the management of, or

holds a license for the sale of the same or any other

line make of new motor vehicles.

(E) The manufacturer may not cancel or terminate,

or fail to extend or renew a franchise or selling

agreement or change or modify the obligations of the

franchisee as a condition to offering a renewal,

replacement, or succeeding franchise or selling

agreement before the hearing process is concluded as

prescribed by this Act, and thereafter, if the Board

determines that the manufacturer has failed to meet its

burden of proof and that good cause does not exist to

allow the proposed action;

(7) notwithstanding the terms of any franchise

agreement, to fail to indemnify and hold harmless its

franchised dealers against any judgment or settlement for

damages, including, but not limited to, court costs, expert

witness fees, reasonable attorneys' fees of the new motor

vehicle dealer, and other expenses incurred in the

litigation, so long as such fees and costs are reasonable,

arising out of complaints, claims or lawsuits including,

but not limited to, strict liability, negligence,

misrepresentation, warranty (express or implied), or

rescission recision of the sale as defined in Section 2-608

of the Uniform Commercial Code, to the extent that the

judgment or settlement relates to the alleged defective or

negligent manufacture, assembly or design of new motor

vehicles, parts or accessories or other functions by the

manufacturer, beyond the control of the dealer; provided

that, in order to provide an adequate defense, the

manufacturer receives notice of the filing of a complaint,

claim, or lawsuit within 60 days after the filing;

(8) to require or otherwise coerce a motor vehicle

dealer to underutilize the motor vehicle dealer's

facilities by requiring or otherwise coercing the motor

vehicle dealer to exclude or remove from the motor vehicle

dealer's facilities operations for selling or servicing of

any vehicles for which the motor vehicle dealer has a

franchise agreement with another manufacturer,

distributor, wholesaler, distribution branch or division,

or officer, agent, or other representative thereof;

provided, however, that, in light of all existing

circumstances, (i) the motor vehicle dealer maintains a

reasonable line of credit for each make or line of new

motor vehicle, (ii) the new motor vehicle dealer remains in

compliance with any reasonable facilities requirements of

the manufacturer, (iii) no change is made in the principal

management of the new motor vehicle dealer, and (iv) the

addition of the make or line of new motor vehicles would be

reasonable. The reasonable facilities requirement set

forth in item (ii) of subsection (d)(8) shall not include

any requirement that a franchisee establish or maintain

exclusive facilities, personnel, or display space. Any

decision by a motor vehicle dealer to sell additional makes

or lines at the motor vehicle dealer's facility shall be

presumed to be reasonable, and the manufacturer shall have

the burden to overcome that presumption. A motor vehicle

dealer must provide a written notification of its intent to

add a make or line of new motor vehicles to the

manufacturer. If the manufacturer does not respond to the

motor vehicle dealer, in writing, objecting to the addition

of the make or line within 60 days after the date that the

motor vehicle dealer sends the written notification, then

the manufacturer shall be deemed to have approved the

addition of the make or line; or

(9) to use or consider the performance of a motor

vehicle dealer relating to the sale of the manufacturer's,

distributor's, or wholesaler's vehicles or the motor

vehicle dealer's ability to satisfy any minimum sales or

market share quota or responsibility relating to the sale

of the manufacturer's, distributor's, or wholesaler's new

vehicles in determining:

(A) the motor vehicle dealer's eligibility to

purchase program, certified, or other used motor

vehicles from the manufacturer, distributor, or

wholesaler;

(B) the volume, type, or model of program,

certified, or other used motor vehicles that a motor

vehicle dealer is eligible to purchase from the

manufacturer, distributor, or wholesaler;

(C) the price of any program, certified, or other

used motor vehicle that the dealer is eligible to

purchase from the manufacturer, distributor, or

wholesaler; or

(D) the availability or amount of any discount,

credit, rebate, or sales incentive that the dealer is

eligible to receive from the manufacturer,

distributor, or wholesaler for the purchase of any

program, certified, or other used motor vehicle

offered for sale by the manufacturer, distributor, or

wholesaler.

(e) It shall be deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division or

officer, agent or other representative thereof:

(1) to resort to or use any false or misleading

advertisement in connection with his business as such

manufacturer, distributor, wholesaler, distributor branch

or division or officer, agent or other representative

thereof;

(2) to offer to sell or lease, or to sell or lease, any

new motor vehicle to any motor vehicle dealer at a lower

actual price therefor than the actual price offered to any

other motor vehicle dealer for the same model vehicle

similarly equipped or to utilize any device including, but

not limited to, sales promotion plans or programs which

result in such lesser actual price or fail to make

available to any motor vehicle dealer any preferential

pricing, incentive, rebate, finance rate, or low interest

loan program offered to competing motor vehicle dealers in

other contiguous states. However, the provisions of this

paragraph shall not apply to sales to a motor vehicle

dealer for resale to any unit of the United States

Government, the State or any of its political subdivisions;

(3) to offer to sell or lease, or to sell or lease, any

new motor vehicle to any person, except a wholesaler,

distributor or manufacturer's employees at a lower actual

price therefor than the actual price offered and charged to

a motor vehicle dealer for the same model vehicle similarly

equipped or to utilize any device which results in such

lesser actual price. However, the provisions of this

paragraph shall not apply to sales to a motor vehicle

dealer for resale to any unit of the United States

Government, the State or any of its political subdivisions;

(4) to prevent or attempt to prevent by contract or

otherwise any motor vehicle dealer or franchisee from

changing the executive management control of the motor

vehicle dealer or franchisee unless the franchiser, having

the burden of proof, proves that such change of executive

management will result in executive management control by a

person or persons who are not of good moral character or

who do not meet the franchiser's existing and, with

consideration given to the volume of sales and service of

the dealership, uniformly applied minimum business

experience standards in the market area. However where the

manufacturer rejects a proposed change in executive

management control, the manufacturer shall give written

notice of his reasons to the dealer within 60 days of

notice to the manufacturer by the dealer of the proposed

change. If the manufacturer does not send a letter to the

franchisee by certified mail, return receipt requested,

within 60 days from receipt by the manufacturer of the

proposed change, then the change of the executive

management control of the franchisee shall be deemed

accepted as proposed by the franchisee, and the

manufacturer shall give immediate effect to such change;

(5) to prevent or attempt to prevent by contract or

otherwise any motor vehicle dealer from establishing or

changing the capital structure of his dealership or the

means by or through which he finances the operation

thereof; provided the dealer meets any reasonable capital

standards agreed to between the dealer and the

manufacturer, distributor or wholesaler, who may require

that the sources, method and manner by which the dealer

finances or intends to finance its operation, equipment or

facilities be fully disclosed;

(6) to refuse to give effect to or prevent or attempt

to prevent by contract or otherwise any motor vehicle

dealer or any officer, partner or stockholder of any motor

vehicle dealer from selling or transferring any part of the

interest of any of them to any other person or persons or

party or parties unless such sale or transfer is to a

transferee who would not otherwise qualify for a new motor

vehicle dealers license under the "The Illinois Vehicle

Code" or unless the franchiser, having the burden of proof,

proves that such sale or transfer is to a person or party

who is not of good moral character or does not meet the

franchiser's existing and reasonable capital standards

and, with consideration given to the volume of sales and

service of the dealership, uniformly applied minimum

business experience standards in the market area. However,

nothing herein shall be construed to prevent a franchiser

from implementing affirmative action programs providing

business opportunities for minorities or from complying

with applicable federal, State or local law:

(A) If the manufacturer intends to refuse to

approve the sale or transfer of all or a part of the

interest, then it shall, within 60 days from receipt of

the completed application forms generally utilized by

a manufacturer to conduct its review and a copy of all

agreements regarding the proposed transfer, send a

letter by certified mail, return receipt requested,

advising the franchisee of any refusal to approve the

sale or transfer of all or part of the interest and

shall state that the dealer only has 30 days from the

receipt of the notice to file with the Motor Vehicle

Review Board a written protest against the proposed

action. The notice shall set forth specific criteria

used to evaluate the prospective transferee and the

grounds for refusing to approve the sale or transfer to

that transferee. Within 30 days from the franchisee's

receipt of the manufacturer's notice, the franchisee

may file with the Board a written protest against the

proposed action.

When a protest has been timely filed, the Board

shall enter an order, fixing the date (within 60 days

of the date of such order), time, and place of a

hearing on the protest, required under Sections 12 and

29 of this Act, and send by certified mail, return

receipt requested, a copy of the order to the

manufacturer that filed notice of intention of the

proposed action and to the protesting franchisee.

The manufacturer shall have the burden of proof to

establish that good cause exists to refuse to approve

the sale or transfer to the transferee. The

determination whether good cause exists to refuse to

approve the sale or transfer shall be made by the Board

under subdivisions (6)(B). The manufacturer shall not

refuse to approve the sale or transfer by a dealer or

an officer, partner, or stockholder of a franchise or

any part of the interest to any person or persons

before the hearing process is concluded as prescribed

by this Act, and thereafter if the Board determines

that the manufacturer has failed to meet its burden of

proof and that good cause does not exist to refuse to

approve the sale or transfer to the transferee.

(B) Good cause to refuse to approve such sale or

transfer under this Section is established when such

sale or transfer is to a transferee who would not

otherwise qualify for a new motor vehicle dealers

license under the "The Illinois Vehicle Code" or such

sale or transfer is to a person or party who is not of

good moral character or does not meet the franchiser's

existing and reasonable capital standards and, with

consideration given to the volume of sales and service

of the dealership, uniformly applied minimum business

experience standards in the market area.

(7) to obtain money, goods, services, anything of

value, or any other benefit from any other person with whom

the motor vehicle dealer does business, on account of or in

relation to the transactions between the dealer and the

other person as compensation, except for services actually

rendered, unless such benefit is promptly accounted for and

transmitted to the motor vehicle dealer;

(8) to grant an additional franchise in the relevant

market area of an existing franchise of the same line make

or to relocate an existing motor vehicle dealership within

or into a relevant market area of an existing franchise of

the same line make. However, if the manufacturer wishes to

grant such an additional franchise to an independent person

in a bona fide relationship in which such person is

prepared to make a significant investment subject to loss

in such a dealership, or if the manufacturer wishes to

relocate an existing motor vehicle dealership, then the

manufacturer shall send a letter by certified mail, return

receipt requested, to each existing dealer or dealers of

the same line make whose relevant market area includes the

proposed location of the additional or relocated franchise

at least 60 days before the manufacturer grants an

additional franchise or relocates an existing franchise of

the same line make within or into the relevant market area

of an existing franchisee of the same line make. Each

notice shall set forth the specific grounds for the

proposed grant of an additional or relocation of an

existing franchise and shall state that the dealer has only

30 days from the date of receipt of the notice to file with

the Motor Vehicle Review Board a written protest against

the proposed action. Unless the parties agree upon the

grant or establishment of the additional or relocated

franchise within 30 days from the date the notice was

received by the existing franchisee of the same line make

or any person entitled to receive such notice, the

franchisee or other person may file with the Board a

written protest against the grant or establishment of the

proposed additional or relocated franchise.

When a protest has been timely filed, the Board shall

enter an order fixing a date (within 60 days of the date of

the order), time, and place of a hearing on the protest,

required under Sections 12 and 29 of this Act, and send by

certified or registered mail, return receipt requested, a

copy of the order to the manufacturer that filed the notice

of intention to grant or establish the proposed additional

or relocated franchise and to the protesting dealer or

dealers of the same line make whose relevant market area

includes the proposed location of the additional or

relocated franchise.

When more than one protest is filed against the grant

or establishment of the additional or relocated franchise

of the same line make, the Board may consolidate the

hearings to expedite disposition of the matter. The

manufacturer shall have the burden of proof to establish

that good cause exists to allow the grant or establishment

of the additional or relocated franchise. The manufacturer

may not grant or establish the additional franchise or

relocate the existing franchise before the hearing process

is concluded as prescribed by this Act, and thereafter if

the Board determines that the manufacturer has failed to

meet its burden of proof and that good cause does not exist

to allow the grant or establishment of the additional

franchise or relocation of the existing franchise.

The determination whether good cause exists for

allowing the grant or establishment of an additional

franchise or relocated existing franchise, shall be made by

the Board under subsection (c) of Section 12 of this Act.

If the manufacturer seeks to enter into a contract,

agreement or other arrangement with any person,

establishing any additional motor vehicle dealership or

other facility, limited to the sale of factory repurchase

vehicles or late model vehicles, then the manufacturer

shall follow the notice procedures set forth in this

Section and the determination whether good cause exists for

allowing the proposed agreement shall be made by the Board

under subsection (c) of Section 12, with the manufacturer

having the burden of proof.

A. (Blank).

B. For the purposes of this Section, appointment of

a successor motor vehicle dealer at the same location

as its predecessor, or within 2 miles of such location,

or the relocation of an existing dealer or franchise

within 2 miles of the relocating dealer's or

franchisee's existing location, shall not be construed

as a grant, establishment or the entering into of an

additional franchise or selling agreement, or a

relocation of an existing franchise. The reopening of a

motor vehicle dealership that has not been in operation

for 18 months or more shall be deemed the grant of an

additional franchise or selling agreement.

C. This Section does not apply to the relocation of

an existing dealership or franchise in a county having

a population of more than 300,000 persons when the new

location is within the dealer's current relevant

market area, provided the new location is more than 7

miles from the nearest dealer of the same line make.

This Section does not apply to the relocation of an

existing dealership or franchise in a county having a

population of less than 300,000 persons when the new

location is within the dealer's current relevant

market area, provided the new location is more than 12

miles from the nearest dealer of the same line make. A

dealer that would be farther away from the new location

of an existing dealership or franchise of the same line

make after a relocation may not file a written protest

against the relocation with the Motor Vehicle Review

Board.

D. Nothing in this Section shall be construed to

prevent a franchiser from implementing affirmative

action programs providing business opportunities for

minorities or from complying with applicable federal,

State or local law;

(9) to require a motor vehicle dealer to assent to a

release, assignment, novation, waiver or estoppel which

would relieve any person from liability imposed by this

Act;

(10) to prevent or refuse to give effect to the

succession to the ownership or management control of a

dealership by any legatee under the will of a dealer or to

an heir under the laws of descent and distribution of this

State unless the franchisee has designated a successor to

the ownership or management control under the succession

provisions of the franchise. Unless the franchiser, having

the burden of proof, proves that the successor is a person

who is not of good moral character or does not meet the

franchiser's existing and reasonable capital standards

and, with consideration given to the volume of sales and

service of the dealership, uniformly applied minimum

business experience standards in the market area, any

designated successor of a dealer or franchisee may succeed

to the ownership or management control of a dealership

under the existing franchise if:

(i) The designated successor gives the

franchiser written notice by certified mail,

return receipt requested, of his or her intention

to succeed to the ownership of the dealer within 60

days of the dealer's death or incapacity; and

(ii) The designated successor agrees to be

bound by all the terms and conditions of the

existing franchise.

Notwithstanding the foregoing, in the event the motor

vehicle dealer or franchisee and manufacturer have duly

executed an agreement concerning succession rights prior

to the dealer's death or incapacitation, the agreement

shall be observed.

(A) If the franchiser intends to refuse to honor

the successor to the ownership of a deceased or

incapacitated dealer or franchisee under an existing

franchise agreement, the franchiser shall send a

letter by certified mail, return receipt requested, to

the designated successor within 60 days from receipt of

a proposal advising of its intent to refuse to honor

the succession and to discontinue the existing

franchise agreement and shall state that the

designated successor only has 30 days from the receipt

of the notice to file with the Motor Vehicle Review

Board a written protest against the proposed action.

The notice shall set forth the specific grounds for the

refusal to honor the succession and discontinue the

existing franchise agreement.

If notice of refusal is not timely served upon the

designated successor, the franchise agreement shall

continue in effect subject to termination only as

otherwise permitted by paragraph (6) of subsection (d)

of Section 4 of this Act.

Within 30 days from the date the notice was

received by the designated successor or any other

person entitled to notice, the designee or other person

may file with the Board a written protest against the

proposed action.

When a protest has been timely filed, the Board

shall enter an order, fixing a date (within 60 days of

the date of the order), time, and place of a hearing on

the protest, required under Sections 12 and 29 of this

Act, and send by certified mail, return receipt

requested, a copy of the order to the franchiser that

filed the notice of intention of the proposed action

and to the protesting designee or such other person.

The manufacturer shall have the burden of proof to

establish that good cause exists to refuse to honor the

succession and discontinue the existing franchise

agreement. The determination whether good cause exists

to refuse to honor the succession shall be made by the

Board under subdivision (B) of this paragraph (10). The

manufacturer shall not refuse to honor the succession

or discontinue the existing franchise agreement before

the hearing process is concluded as prescribed by this

Act, and thereafter if the Board determines that it has

failed to meet its burden of proof and that good cause

does not exist to refuse to honor the succession and

discontinue the existing franchise agreement.

(B) No manufacturer shall impose any conditions

upon honoring the succession and continuing the

existing franchise agreement with the designated

successor other than that the franchisee has

designated a successor to the ownership or management

control under the succession provisions of the

franchise, or that the designated successor is of good

moral character or meets the reasonable capital

standards and, with consideration given to the volume

of sales and service of the dealership, uniformly

applied minimum business experience standards in the

market area;

(11) to prevent or refuse to approve a proposal to

establish a successor franchise at a location previously

approved by the franchiser when submitted with the

voluntary termination by the existing franchisee unless

the successor franchisee would not otherwise qualify for a

new motor vehicle dealer's license under the Illinois

Vehicle Code or unless the franchiser, having the burden of

proof, proves that such proposed successor is not of good

moral character or does not meet the franchiser's existing

and reasonable capital standards and, with consideration

given to the volume of sales and service of the dealership,

uniformly applied minimum business experience standards in

the market area. However, when such a rejection of a

proposal is made, the manufacturer shall give written

notice of its reasons to the franchisee within 60 days of

receipt by the manufacturer of the proposal. However,

nothing herein shall be construed to prevent a franchiser

from implementing affirmative action programs providing

business opportunities for minorities, or from complying

with applicable federal, State or local law;

(12) to prevent or refuse to grant a franchise to a

person because such person owns, has investment in or

participates in the management of or holds a franchise for

the sale of another make or line of motor vehicles within 7

miles of the proposed franchise location in a county having

a population of more than 300,000 persons, or within 12

miles of the proposed franchise location in a county having

a population of less than 300,000 persons; or

(13) to prevent or attempt to prevent any new motor

vehicle dealer from establishing any additional motor

vehicle dealership or other facility limited to the sale of

factory repurchase vehicles or late model vehicles or

otherwise offering for sale factory repurchase vehicles of

the same line make at an existing franchise by failing to

make available any contract, agreement or other

arrangement which is made available or otherwise offered to

any person.

(f) It is deemed a violation for a manufacturer, a

distributor, a wholesaler, a distributor branch or division, a

factory branch or division, or a wholesale branch or division,

or officer, agent, broker, shareholder, except a shareholder of

1% or less of the outstanding shares of any class of securities

of a manufacturer, distributor, or wholesaler which is a

publicly traded corporation, or other representative, directly

or indirectly, to own or operate a place of business as a motor

vehicle franchisee or motor vehicle financing affiliate,

except that, this subsection shall not prohibit:

(1) the ownership or operation of a place of business

by a manufacturer, distributor, or wholesaler for a period,

not to exceed 18 months, during the transition from one

motor vehicle franchisee to another;

(2) the investment in a motor vehicle franchisee by a

manufacturer, distributor, or wholesaler if the investment

is for the sole purpose of enabling a partner or

shareholder in that motor vehicle franchisee to acquire an

interest in that motor vehicle franchisee and that partner

or shareholder is not otherwise employed by or associated

with the manufacturer, distributor, or wholesaler and

would not otherwise have the requisite capital investment

funds to invest in the motor vehicle franchisee, and has

the right to purchase the entire equity interest of the

manufacturer, distributor, or wholesaler in the motor

vehicle franchisee within a reasonable period of time not

to exceed 5 years; or

(3) the ownership or operation of a place of business

by a manufacturer that manufactures only diesel engines for

installation in trucks having a gross vehicle weight rating

of more than 16,000 pounds that are required to be

registered under the Illinois Vehicle Code, provided that:

(A) the manufacturer does not otherwise

manufacture, distribute, or sell motor vehicles as

defined under Section 1-217 of the Illinois Vehicle

Code;

(B) the manufacturer owned a place of business and

it was in operation as of January 1, 2016;

(C) the manufacturer complies with all obligations

owed to dealers that are not owned, operated, or

controlled by the manufacturer, including, but not

limited to those obligations arising pursuant to

Section 6;

(D) to further avoid any acts or practices, the

effect of which may be to lessen or eliminate

competition, the manufacturer provides to dealers on

substantially equal terms access to all support for

completing repairs, including, but not limited to,

parts and assemblies, training, and technical service

bulletins, and other information concerning repairs

that the manufacturer provides to facilities that are

owned, operated, or controlled by the manufacturer;

and

(E) the manufacturer does not require that

warranty repair work be performed by a

manufacturer-owned repair facility and the

manufacturer provides any dealer that has an agreement

with the manufacturer to sell and perform warranty

repairs on the manufacturer's engines the opportunity

to perform warranty repairs on those engines,

regardless of whether the dealer sold the truck into

which the engine was installed.

(g) Notwithstanding the terms, provisions, or conditions

of any agreement or waiver, it shall be deemed a violation for

a manufacturer, a distributor, a wholesaler, a distributor

branch or division, a factory branch or division, or a

wholesale branch or division, or officer, agent or other

representative thereof, to directly or indirectly condition

the awarding of a franchise to a prospective new motor vehicle

dealer, the addition of a line make or franchise to an existing

dealer, the renewal of a franchise of an existing dealer, the

approval of the relocation of an existing dealer's facility, or

the approval of the sale or transfer of the ownership of a

franchise on the willingness of a dealer, proposed new dealer,

or owner of an interest in the dealership facility to enter

into a site control agreement or exclusive use agreement unless

separate and reasonable consideration was offered and accepted

for that agreement.

For purposes of this subsection (g), the terms "site

control agreement" and "exclusive use agreement" include any

agreement that has the effect of either (i) requiring that the

dealer establish or maintain exclusive dealership facilities;

or (ii) restricting the ability of the dealer, or the ability

of the dealer's lessor in the event the dealership facility is

being leased, to transfer, sell, lease, or change the use of

the dealership premises, whether by sublease, lease,

collateral pledge of lease, or other similar agreement. "Site

control agreement" and "exclusive use agreement" also include a

manufacturer restricting the ability of a dealer to transfer,

sell, or lease the dealership premises by right of first

refusal to purchase or lease, option to purchase, or option to

lease if the transfer, sale, or lease of the dealership

premises is to a person who is an immediate family member of

the dealer. For the purposes of this subsection (g), "immediate

family member" means a spouse, parent, son, daughter,

son-in-law, daughter-in-law, brother, and sister.

If a manufacturer exercises any right of first refusal to

purchase or lease or option to purchase or lease with regard to

a transfer, sale, or lease of the dealership premises to a

person who is not an immediate family member of the dealer,

then (1) within 60 days from the receipt of the completed

application forms generally utilized by a manufacturer to

conduct its review and a copy of all agreements regarding the

proposed transfer, the manufacturer must notify the dealer of

its intent to exercise the right of first refusal to purchase

or lease or option to purchase or lease and (2) the exercise of

the right of first refusal to purchase or lease or option to

purchase or lease must result in the dealer receiving

consideration, terms, and conditions that either are the same

as or greater than that which they have contracted to receive

in connection with the proposed transfer, sale, or lease of the

dealership premises.

Any provision contained in any agreement entered into on or

after November 25, 2009 (the effective date of Public Act

96-824) this amendatory Act of the 96th General Assembly that

is inconsistent with the provisions of this subsection (g)

shall be voidable at the election of the affected dealer,

prospective dealer, or owner of an interest in the dealership

facility.

(h) For purposes of this subsection:

"Successor manufacturer" means any motor vehicle

manufacturer that, on or after January 1, 2009, acquires,

succeeds to, or assumes any part of the business of another

manufacturer, referred to as the "predecessor manufacturer",

as the result of any of the following:

(i) A change in ownership, operation, or control of the

predecessor manufacturer by sale or transfer of assets,

corporate stock or other equity interest, assignment,

merger, consolidation, combination, joint venture,

redemption, court-approved sale, operation of law or

otherwise.

(ii) The termination, suspension, or cessation of a

part or all of the business operations of the predecessor

manufacturer.

(iii) The discontinuance of the sale of the product

line.

(iv) A change in distribution system by the predecessor

manufacturer, whether through a change in distributor or

the predecessor manufacturer's decision to cease

conducting business through a distributor altogether.

"Former Franchisee" means a new motor vehicle dealer that

has entered into a franchise with a predecessor manufacturer

and that has either:

(i) entered into a termination agreement or deferred

termination agreement with a predecessor or successor

manufacturer related to such franchise; or

(ii) has had such franchise canceled, terminated,

nonrenewed, noncontinued, rejected, nonassumed, or

otherwise ended.

For a period of 3 years from: (i) the date that a successor

manufacturer acquires, succeeds to, or assumes any part of the

business of a predecessor manufacturer; (ii) the last day that

a former franchisee is authorized to remain in business as a

franchised dealer with respect to a particular franchise under

a termination agreement or deferred termination agreement with

a predecessor or successor manufacturer; (iii) the last day

that a former franchisee that was cancelled, terminated,

nonrenewed, noncontinued, rejected, nonassumed, or otherwise

ended by a predecessor or successor manufacturer is authorized

to remain in business as a franchised dealer with respect to a

particular franchise; or (iv) November 25, 2009 (the effective

date of Public Act 96-824) this amendatory Act of the 96th

General Assembly, whichever is latest, it shall be unlawful for

such successor manufacturer to enter into a same line make

franchise with any person or to permit the relocation of any

existing same line make franchise, for a line make of the

predecessor manufacturer that would be located or relocated

within the relevant market area of a former franchisee who

owned or leased a dealership facility in that relevant market

area without first offering the additional or relocated

franchise to the former franchisee, or the designated successor

of such former franchisee in the event the former franchisee is

deceased or a person with a disability, at no cost and without

any requirements or restrictions other than those imposed

generally on the manufacturer's other franchisees at that time,

unless one of the following applies:

(1) As a result of the former franchisee's

cancellation, termination, noncontinuance, or nonrenewal

of the franchise, the predecessor manufacturer had

consolidated the line make with another of its line makes

for which the predecessor manufacturer had a franchisee

with a then-existing dealership facility located within

that relevant market area.

(2) The successor manufacturer has paid the former

franchisee, or the designated successor of such former

franchisee in the event the former franchisee is deceased

or a person with a disability, the fair market value of the

former franchisee's franchise on (i) the date the

franchisor announces the action which results in the

termination, cancellation, or nonrenewal; or (ii) the date

the action which results in termination, cancellation, or

nonrenewal first became general knowledge; or (iii) the day

12 months prior to the date on which the notice of

termination, cancellation, or nonrenewal is issued,

whichever amount is higher. Payment is due within 90 days

of the effective date of the termination, cancellation, or

nonrenewal. If the termination, cancellation, or

nonrenewal is due to a manufacturer's change in

distributors, the manufacturer may avoid paying fair

market value to the dealer if the new distributor or the

manufacturer offers the dealer a franchise agreement with

terms acceptable to the dealer.

(3) The successor manufacturer proves that it would

have had good cause to terminate the franchise agreement of

the former franchisee, or the successor of the former

franchisee under item (e)(10) in the event that the former

franchisee is deceased or a person with a disability. The

determination of whether the successor manufacturer would

have had good cause to terminate the franchise agreement of

the former franchisee, or the successor of the former

franchisee, shall be made by the Board under subsection (d)

of Section 12. A successor manufacturer that seeks to

assert that it would have had good cause to terminate a

former franchisee, or the successor of the former

franchisee, must file a petition seeking a hearing on this

issue before the Board and shall have the burden of proving

that it would have had good cause to terminate the former

franchisee or the successor of the former franchisee. No

successor dealer, other than the former franchisee, may be

appointed or franchised by the successor manufacturer

within the relevant market area of the former franchisee

until the Board has held a hearing and rendered a

determination on the issue of whether the successor

manufacturer would have had good cause to terminate the

former franchisee.

In the event that a successor manufacturer attempts to

enter into a same line make franchise with any person or to

permit the relocation of any existing line make franchise under

this subsection (h) at a location that is within the relevant

market area of 2 or more former franchisees, then the successor

manufacturer may not offer it to any person other than one of

those former franchisees unless the successor manufacturer can

prove that at least one of the 3 exceptions in items (1), (2),

and (3) of this subsection (h) applies to each of those former

franchisees.

(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16;

revised 10-27-16.)

Section 820. The Earned Income Tax Credit Information Act

is amended by changing Section 5 as follows:

(820 ILCS 170/5) (from Ch. 48, par. 2755)

Sec. 5. Declaration of public policy. In order to alleviate

the tax burden of low-income persons in Illinois who have

earned income and support one or more dependent children, the

State should facilitate the furnishing of information to such

persons about the availability of the federal earned income tax

credit so that eligible taxpayers may claim that credit on

their federal income tax returns. It is the intent of this Act

to offer the most cost-effective assistance to eligible

taxpayers through notices provided by their employers and by

State government.

(Source: P.A. 87-598; revised 9-15-16.)

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